HomeMy WebLinkAboutOCTOBER 25, 2005 MINUTESCITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District a
HARRY E. DIEZEL Kempsville - District 2
ROBERT M. DYER, Centerville - District I
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W. SCHMIDT, At -Large
RON A. VILLANUEVA, At -Large
ROSEMARY WILSON, At -Large
JAMES L. WOOD, Lynnhaven -District 5
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES SMITH, MMC
CITY OF VIRGINIA BEACH
COMMUNITY FOR A LIFETIME
CITY COUNCIL AGENDA
25 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
CITY MANAGER'S BRIEFINGS - Conference Room -
1. EMERGENCY PREPAREDNESS
Chief Gregory Cade, Fire Department
2. LYNNHAVEN RIVER RESTORATION STUDY — No Discharge Zone Designation
Bill Johnston, Department of Public Works Engineering Division
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA ITEMS
IV. INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
1:OOP.M.
3:00P.M.
C. RECESS TO CLOSED SESSION
. FORMAL SESSION
- Council Chamber - 6:00PM
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend William Dyson
Pastor, Mount Zion AME Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL AND FORMAL SESSIONS October 11, 2005
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARINGS
1. SENTARA HEALTH CARE — Princess Anne Park
2. AMEND CAPITAL BUDGET FY 2005-2006
a. City Projects Fund Balance
b. School Reversion Funds
I. CONSENT AGENDA
J. ORDINANCES
$11,399,700
$ 7,640,838
1. Ordinance to AMEND § 5-71 of the City Code re sterilization of impounded animals to
comply with State Code (Deferred Indefinitely September 13, 2005).
2. Ordinance REQUESTING Modification of the Town Center Phase II Development
Agreement re increased purchase price of the parking garage on Block 10.
3. Ordinances to AUTHORIZE temporary encroachments into City property:
a. SENTARA HEALTHCARE for easements over and across City property at Princess
Anne Park. (DISTRICT 7 — PRINCESS ANNE)
b. WILLIAM H. McCUTCHI ON for a proposed floating dock, ramp, boatlift, pier
and wood piles at 557 Virginia Dare Drive, Lake Wesley. (DISTRICT 6 — BEACH)
c. MALCOLM L. NUNN, JR. to maintain an existing pier, lift, float and
construct to maintain mooring piles and float addition at 561 Virginia Dare Drive, Lake
Wesley. (DISTRICT 6 — BEACH)
4. Ordinances to ACCEPT and APPROPRIATE from the Federal Emergency Management
Agency (FEMA) to the Fire Department's FY 2005-2006 Operating Budget re a deployment
related to hurricanes:
a. Hurricane Katrina - $1,000,000
b. Hurricane Ophelia- $ 250,000
5. Ordinance to APPROPRIATE $10,440,838 in FY 2004-2005 Virginia Beach School
Reversion Funds to the FY 20015-2006 Schools Operating Budget and FY 2005-2006
Capital Improvement Program (CIP):
a. Operation and maintenance equipment and replacement vehicles $ 200,000
for landscape services
b. Instructional technology re cyclical replacement and $2,600,000
infrastructure
c. Bus, service, and fleet vehicle replacements, custodial $2,321,000
equipment and storage
d. School plant supplies and services $1,032,716
e. Human Resources/payroll system replacement $ 800,000
f. Data management for K-12 Enterprise Grade Book $1,487,122
g. Ocean Lakes High School addition $2,000,000
6. Ordinances to ACCEPT and APPROPRIATE funds from the Virginia Department of
Motor Vehicles (DMV) to the Police Department's FY 2005-2006 Operating Budget:
a. Conduct lectures re the consegtiences of driving under the influence (DUI) $15,000
b. Conduct surveys re seatbelt usage by high school students $12,600
7. Ordinance to TRANSFER $500,000 from FY 2005-2006 Operating Budget Reserve for
Contingencies to establish a dedicated reserve for BRAC -related expenses and services.
K. PLANNING
1. Ordinances re AICUZ, noise, traffic and JLUS:
a. AMEND and REORDAIN the CZO REPEALING Section 221.1 and ADD a new
Article 18 to establish City Council Policy re discretionary development applications
and sound attenuation requirements in buildings and structures in certain AICUZ
b. AMEND and REORDAIN the Airport Noise Attenuation and Safety Ordinance
(City Code Appendix I), re sound attenuation requirements in certain buildings and
structures and required disclosures in residential real estate transactions
c. AMEND the Official Zoning Map to designate and incorporate the NAS Oceana —
NALF Fentress Interfacility Traffic Area
d. AMEND the Comprehensive Plan to incorporate the NAS Oceana — NALF Fentress
Interfacility Traffic Area Map
e. AMEND the Comprehensive Plan by revising Chapters 1, 2, 3, 5, 9, the Appendix,
and the Princess Anne Corridor Plan to incorporate provisions of AICUZ, JLUS,
and the AICUZ Overlay Ordinance
RECOMMENDATION: APPROVAL
2. Application of PASTOR GAVINO BERNALES for a Conditional Use Permit for a
church at 3476 Holland Road, Unit 3458. (DISTRICT 3 — ROSE HALL)
RECOMMENDATION: APPROVAL
3. Application of RONALD E. MODLINGER, M.D. for a Modification of Conditions to
revise the design of the building at 3296 Dam Neck Road (approved by City Council on
August 24, 2004). (DISTRICT 3 — ROSE HALL)
RECOMMENDATION: APPROVAL
4. Applications of S & J, L.L.C. at 3 762 Shore Drive: (DISTRICT 4 — BAYSIDE)
a. Change of Zoning District Classification from B-2 Community Business to
Conditional B-4 Resort Commercial with a Shore Drive Overlay District to develop
18 multi -family dwellings with retail.
b. Conditional Use Permit for multi -family dwellings.
RECOMMENDATION: APPROVAL
5. Application of DEEP BLUE MARINE, L.L.C. for a Conditional Use Permit for boat
sales and service at 3716 Shore Drive. (DISTRICT 4 — BAYSIDE)
RECOMMENDATION: APPROVAL
L. APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
GOVERNANCE COMMITTEE FOR HI,STORIC SITES
INVESTMENT PARTNERSHIP ADVIS1ORY COMMITTEE — PPEA
WETLANDS BOARD (Alternates)
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: VIRGINIA RELAY at 1-800-828-1120
***********
Agenda 10/20/05 slb
www.vbgov.com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
25 October 2005
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re EMERGENCY
PREPAREDNESS in the Council Conference Room, City Hall, on Tuesday, October 25, 2005, at 1:00
P.M.
Council Members Present:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Richard
A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, and James L. Wood
Council Members Absent:
Rosemary Wilson
[Entered.• 3:15 P.M, returning from
Virginia Municipal League (VML),
participating as Voting Delegate]
Reba S. McClanan [Entered: 1:50 P.M., husband, Glenn
McClanan, hospitalized.
-2 -
CITY MANAGER'S BRIEFING
EMERGENCY PREPAREDNESS
1:00 P.M.
ITEM # 54514
The City Manager introduced Chief Cade to present information re Emergency Preparedness.
Fire Chief Gregory B. Cade, Emergency Services Coordinator, advised the major hurricanes have been few
and far between for the City as depicted in the Chart displayed. The City has mainly experienced the
remnants of Category I Hurricanes striking North Carolina first and then coming to Virginia Beach.
Between the 1920's and 1950's Hurricanes hada very active presence in Virginia Beach. Floods and storm
surge associated with the Hurricanes are responsible for the majority of deaths.
Relative Surge Vulnerability, Chief Cade displayed a color coded map:
*(Based on 1989 United States Army Corps of Engineers Study)
Color Flooding Vulnerable Populations
"Green" Category 1 or 2 58,000
"Yellow" Category 3 96,000
"Orange" Category 4 156,000
This Study is currently being upgraded and the estimates of the populations will then be refined. From each
category, approximately 10 to 15% of the population will be sheltered. The City, in conjunction with the
School System and American Red Cross, have worked together to identify schools that meet the American
Red Cross shelter selection standards. The primary consideration is the Shelters must be located outside the
surge zones. Only schools built after 1979 are utilized. Twenty (20) schools are identified as primary and
secondary shelters. At the moment, there are no shelters identified in the Bayside area. With the new
construction upgrades in the school system, the City anticipates at least two (2) new shelters in the Bayside
area.
Sheltering Issues
Inland Host Sheltering
Pet Friendly Shelters
Pet Sheltering
Shelters of Last Resort
Transportation
Over Evacuation
October 25 , 2005
-3 -
CITY MANAGER'S BRIEFING
EMERGENCY PREPAREDNESS
ITEM # 54514 (Continued)
Chief Cade advised a Shelter, by agreement with Dam Neck to remove their personnel, is operated by the
City. There are no specific shelters identified for use by city employees or citizens at Oceana Naval Air
Station. Because of "9-11" and the terrorism potential, there is a dilemma with even citizen access to
Oceana Naval Air Station. Category 5 Hurricanes could potentially occur; however, from a planning
standpoint, this Hurricane would be so devastating it would be the recommendation to remove everyone from
the City.
Mayor Oberndorf inquired re transporting the very ill and indigent who do not own a car. Chief Cade
advised a Phased Hurricane Evacuation plan has been developed in conjunction with the State. Nursing
Homes, under the latest State legislation in 2007, must have a specific plan of safe evacuation. In addition
to the nursing homes, there are many citizens who are medically fragile. Terry Jenkins, Director - Human
Services, has been requested to develop a working group of city agencies as well as volunteer organizations
to review this issue. The School system has been a part of this process. More than likely the school bus
drivers will be evacuating also, so there must be assurance re providing drivers for the evacuees. In the wake
of Hurricane Katrina, this is a significant issue.
Hurricane Evacuation
Evacuation Behavior
Classification Groups
Permanent Housing
Mobile Homes
Tourists
Destinations
Shelters (14, 000)
Out of City (105,000)
Within City
Hotels/Motels
The map re Hurricane Evacuation references Clearance Times to remove individuals from the affected
area.
Category 1 and 2
Category 3
Category 4
15.50 to 25.50
15.50 to 26.50 hours
17 to 26.75 hours
There is a Plan at the State Level. The Governor has the authority to execute the Lane Reversal Program
during a Category 4 or above Hurricane. However, the time frame is estimated to need a 48-hour lead time.
All of the ramps on 1-64 have to be manned. The Plan is to utilize the State Police, the Virginia Department
of Transportation (VDOT) and the National Guard (which is estimated to entail a 48- hour time period).
Therefore, the decision must be made while the Hurricane is still as far away as in the Gulf of Mexico.
Funds have been set aside in last year's Budget to commence placing the gates along 1-64 (starting in
Hampton and working towards Williamsburg). However, this is estimated to be a three (3) year program.
The Plan for evacuation is to utilize state assets, not local assets. This concept might have to be reviewed.
As the National Guard will be utilized predominately, this accounts for the 48-hour time frame.
October 25 , 2005
-4 -
CITY MANAGER'S BRIEFING
EMERGENCY PREPAREDNESS
ITEM # 54514 (Continued)
Chief Cade advised discussions have commenced with the National Humane Society re developing a "Pet
Friendly Shelter" and specifically a "Pet Shelter". At the present time, the American Red Cross will not
support a shelter which allows animals. However, from the occurrences in New Orleans, there were many
individuals who would not leave their pets.
Chief Cade advised this Region works closely with the Military concerning any evacuation decisions. In
order to have access to the Stafford Act Funds, Chief Cade advised a local emergency must be DECLARED,
the Governor would have to DECLARE a State of Emergency and the President of the United States must
DECLARE either parts of or all, of the Commonwealth, a "Federal DisasterArea ". Within two days, many
reimbursements are paid at 100% of value, after 72 hours, the reimbursement decreases to 75%. During
Hurricane Isabel, the State paid 21 % and the City paid 4%. The State utilizes a fiscal stress index as their
gauge. Under the Stafford Act, if one evacuates out of the area, one may apply for reimbursement re the loss
of revenue i.e. if their business was closed.
Direction and Control
New Emergency Operations Center
(this will be up and running for next year's Hurricane season)
National Incident Management
Incident Management System (ICS) Integration
Public Works
Regional Debris Management Contract
Emergency Services Contract Administration
Emergency Power Initiatives
Emergency Management
Mitigation Planning
Citizen Corps Council
Comprehensive Emergency Planning
Regional Networking
Emergency Management Program
Crisis Information
Joint Information Center (JIC)
Emergency Public Information Initiatives
VBALERT (Reverse Calling)
VBAM (AM Radio System)
The VBALERT system has just been installed and provides the ability to distribute out emergency messages,
not only city wide, but narrowed to specific neighborhoods.
The VBAM(AMRadio System) covers approximately 95% ofthe City. Individuals who lose their power can
at least have access to this system and be provided information relative sheltering and any other necessary
actions. This system is currently in place and has been advertised, but not in depth until the Plan has been
completely developed.
October 25 , 2005
-5 -
CITY MANAGER'S BRIEFING
EMERGENCY PREPAREDNESS
ITEM # 54514 (Continued)
The major issue of Hurricane Katrina would be the whole range of Human Services and the issue of a large
scale disaster:
Mass Care Responsibilities
Individual Assistance program support
Special needs/Special Populations Planning
Working with External Groups
Intergovernmental Relationships
Federal Level Considerations
Homeland Security Emphasis
Katrina Considerations
Military Assistance to Civilian Authorities
Catastrophic Disaster Response
Bureaucracy of Disasters
All Disasters are local
Commonwealth of Virginia
Isabel Lessons
Regional Coordination
Regional Debris Management Contracts
Interoperability Grants
Metropolitan Medical Response
Emergency Management Network
George Foresman, Governor Warner's Assistant for Commonwealth Preparedness, has been appointed by
President Bush as the Under Secretary for Preparedness in Homeland Security. This should provide the
Commonwealth of Virginia with a better working relationship with the Commonwealth of Virginia.
Gwen Cowart, Director - Communications and Information Technology, advised the Orion system was
briefly mentioned and achieved through a Grant. This system provides an additional radio system, 700
megahertz, in the event the 800 megahertz radio capability is lost. Satellite phones and some version of LAN
Line will be available. The VBALERT (Reverse Calling) allows messages to any number of predefined
groups, so a group can be defined on each surge level. This system provides total flexibility to reach a
particular audience. All the equipment is in place and tested. At the present time, COMIT is waiting for
final signatures on the Policy which will guide its use.
The Emergency Preparedness presentation shall be rerun at different times on VBTV (Channel 48)
Mark Marchbank, Deputy Coordinator - Emergency Management, advised the "storm of record" was the
Ash Wednesday Storm with 9.6 feet above mean low water appearing in the scientific written record.
There are historical records which talk about the Chesapeake Bay raising 12 feet above normal.
October 25 , 2005
-6 -
CITY MANAGER'S BRIEFING
L YNNHA VEN RIVER RESTORATION STUD Y
2:12 P.M.
ITEM # 54515
Bill Johnston, Department of Public Works Engineering Division, presented information relative the
Proposed Marine Sanitation No Discharge Zone Designation for the Lynnhaven Watershed. The Federal
regulations now allow certain marine toilets with specific types of treatment to bef ushed into the Lynnhaven
River. With a "No Discharge Zone", this flushing into the Lynnhaven River would cease. The City has been
working with Lynnhaven 2007 relative this concept. Mr. Johnston introduced Hal Chalmers, Clean Marinas
Committee, who was in attendance. Mr. Johnston displayed a map of the Lynnhaven River Basin with the
areas depicted in blue (exception of Chesapeake Bay and Atlantic Ocean) which would be affected by a "No
Discharge Zone"
In December 2004, the Virginia State Water Control Board approved a Total Maximum Daily Load
(TMDL) report for shellfish areas listed due to bacteria contamination. Bacteria is broken down into three
(3) areas: human, domestic animal or wildlife related. Part of the requirement of the TMDL is to eliminate
the human element. An implementation plan is being written. As per City Council directive, implementation
activities were underway before TMDL was developed The City is currently working with the State
Department ofEnvironmental Quality and in co-operation with the Planning District Commission (HRPDC)
to develop the TMDL.
Ongoing and Planned Future Activities
Public Utilities will continue with its extensive sewer expansion and
rehabilitation programs and grease control program
Public Works will continue constructing more stormwater quality
management measures, such as detention ponds and more intensive
street sweeping
In addition to traditional measures, solar aerators and end of storm
pipe treatment trials will be underway this year.
Public Utilities Efforts
Since 1971 Public Utilities has made significant gains in eliminating
septic tanks
114 Sewer Projects
$153,615,710 (2005 dollars)
Mr. Johnston displayed a map relative the efforts in the Lynnhaven to improve water quality: drainage area,
oyster reefs, retrofits on BMPs., et cetera.
Regulatory Requirements
Despite Current efforts, more quality measures are needed to meet the
City Council, State and Federal goals.
One water quality measure is to designate the Lynnhaven as a Marine
No Discharge Zone
October 25 , 2005
CITY MANAGER'S BRIEFING
L YNNHA VEN RIVER RESTORATION STUDY
ITEM # 54515 (Continued)
A No Discharge Zone (NDZ)
Prohibits discharge of human sewage from boats. This reduces fecal
coliform and pathogenic organisms in the waters previously receiving
such marine discharges.
Currently, Smith Mountain Lake is the only other "No Discharge Zone" in the State of Virginia. As Smith
Mountain Lake serves as a reservoir, it was designated a "No Discharge Zone ".
Current Federal Regulations Permit Some Discharges
Vessels with Type I or Type II Marine Sanitation Devices can
discharge wastewater into the Lynnhaven
Vessels with holding tanks and direct discharge of wastewater are not
permitted
No effective way to enforce current regulations
The shellfish standard for Fecal Coliform is 14 per 100 ml and the swimmable/fishable standard is 200
per 100 ml.
Type I Marine Sanitation Devices discharge at no more than 1,000 per 100 ml. Type II Marine Sanitation
Devices discharge at no more than 200 per 100 ml. A "No Discharge Zone" would prohibit these
discharges.
A single weekend boater flushing untreated sewage into our waters produces the same amount of bacterial
pollution as 10,000 people whose sewage passes through a treatment plan. A single overboard discharge
of human waste can be detected in up to a one (1) square mile area of shallow enclosed water. Contaminants
known from human waste include hepatitis, streptococci, fecal coliform and other bacteria.
No Discharge Zone
Designation Process
City/2007 have already coordinated with local Marinas
Application for No Discharge Zone to the Virginia Department of
Environmental Quality by the City
The Department of Environmental Quality and the City hold one (1)
public meeting..
State Water Control Board gives approval to proceed
Application made by the State to the United States Environmental
Protection Agency
The United State Environmental Protection Agency approves at a
Federal Level
State Water Control Board establishes a No Discharge Zone
Publication of regulations in Virginia Register
Public awareness and enforcement actions begin
Process takes twelve (12) to fifteen (15) months
October 25 , 2005
- 8 -
CITY MANAGER'S BRIEFING
L YNNHA VEN RIVER RESTORATION STUDY
ITEM # 54515 (Continued)
No discharge of wastewaterfrom vessels is acceptable if the City is to meet and maintain shellfish standards.
At the present time, the boundary would stop at the Lesner Bridge. At the present time, there are eight (8)
pump -out facilities available. Mr. Johnston advised it might be well to place a pump out facility in the City
Boat Ramp at Lynnhaven. The Hampton Roads Sanitation District has a program utilizing a boat providing
free "pump outs ". The State has funding for a `floating comfort station ". This could be utilized for the
recreational athletes, i.e. water skiers.
Hal Chalmers, Clean Marinas Committee, advised his committee has worked approximately six (6) months
on this issue, with many discussions involving boaters, marinas and watermen. The Lynnhaven 2007project
is definitely in support.
BY CONSENSUS, City Council recommended the City Council authorize the City Manager to pursue a "No
Discharge Zone" designation for the Lynnhaven River.
October 25 , 2005
- 9-
CITY COUNCIL COMMENTS
2:35 P.M.
ITEM # 54516
Mayor Oberndorf advised Council Lady Wilson is attending the Virginia Municipal League as the City's
Voting Delegate. Council Lady Wilson will be in attendance as soon as she can return from the VML
Business Session.
ITEM # 54517
Mayor Oberndorf advised Congresswoman Thelma Drake has extended an invitation to the Virginia Beach
City Council and the City Manager to attend President Bush's Speech on Friday, October 28, 2005, 10:00
A.M., at Chrysler Hall (time and place not finalized). Mr. Tom Gordy has a limited number of tickets
remaining. Please call Mr. Gordy (497-6859) before NOON on Wednesday, October 25, 2005, if interested
in attending.
October 25 , 2005
-10 -
AGENDA REVIEW SESSION
ITEM # 54518
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
ORDINANCES
11. Ordinance to AMEND § 5-71 of the City Code re
sterilization of impounded animals to comply with State
Code (Deferred Indefinitely September 13, 2005).
J.2. Ordinance REQUESTING Modification of the Town
Center Phase II Development Agreement re increased
purchase price of the parking garage on Block 10.
J.3. Ordinances to AUTHORIZE temporary encroachments
into City property:
a. SENTARA HEALTHCARE for easements over
and across City property at Princess Anne
Park. (DISTRICT 7 — PRINCESS ANNE)
b. WILLIAM H. McCUTCHEONfor a proposed
floating dock, ramp, boatlift, pier and wood
piles at 557 Virginia Dare Drive, Lake Wesley.
(DISTRICT 6 — BEACH)
c. MALCOLM L. NUNN, JR. to maintain an
existing pier, lift, float and construct to
maintain mooring piles and float addition at
561 Virginia Dare Drive, Lake Wesley.
(DISTRICT 6 — BEACH)
14. Ordinances to ACCEPT and APPROPRIATE from
the Federal Emergency Management Agency (FEMA)
to the Fire Department 's FY2005-2006 Operating Budget
re a deployment related to hurricanes:
a. Hurricane Katrina $1,000,000
b. Hurricane Ophelia $ 250,000
October 25 , 2005
AGENDA REVIEW SESSION
ITEM # 54518 (Continued)
J.S. Ordinance to APPROPRIATE $10,440,838 in FY 2004-
2005 Virginia Beach School Reversion Funds to the FY
2005-2006 Schools Operating Budget and FY 2005-2006
Capital Improvement Program (CIP):
a. Operation and maintenance equipment and replacement
vehicles for landscape services $ 200,000
b. Instructional technology re cyclical replacement and
infrastructure $2,600,000
c. Bus, service, and fleet vehicle replacements, custodial
equipment and storage $2,321,000
d. School plant supplies and services $1,032 , 716
e. Human Resources/payroll system replacement $ 800,000
f Data management for K-12 Enterprise Grade Book $1,487,122
g. Ocean Lakes High School addition $2,000,000
J.6. Ordinances to ACCEPT and APPROPRIATE funds from
the Virginia Department of Motor Vehicles (DMV) to the
Police Department 's FY 2005-2006 Operating Budget:
a. Conduct lectures re the consequences of driving under
the influence (DUI)
b. Conduct surveys re seatbelt usage by high school
students
J.7. Ordinance to TRANSFER $500, 000 from FY 2005-2006
Operating Budget Reserve for Contingencies to establish
a dedicated reserve for BRAC -related expenses and
services.
$ 15,000
$ 12,600
Council Lady McClanan will vote a VERBAL NAY on Item J.1. (impounded animals) and J.7. (BRAC
related expenses.
October 25 , 2005
-12 -
AGENDA REVIEW SESSION
ITEM # 54519
K.1. Ordinances re AICUZ, noise, traffic and JL US:
a. AMEND andREORDAINthe CZOREPEALING Section
221.1 and ADD a new Article 18 to establish City Council
Policy re discretionary development applications and
sound attenuation requirements in buildings and
structures in certain AICUZ
b. AMEND and REORDAIN the Airport Noise Attenuation
and Safety Ordinance (City Code Appendix I), re sound
attenuation requirements in certain buildings and
structures and required disclosures in residential real
estate transactions
c. AMEND the Official Zoning Map to designate and
incorporate the NAS Oceana — NALF Fentress
Interfacility Traffic Area
d. AMEND the Comprehensive Plan to incorporate the NAS
Oceana — NALF Fentress Interfacility Traffic Area Map
e. AMEND the Comprehensive Plan by revising Chapters 1,
2, 3, 5, 9, the Appendix, and the Princess Anne Corridor
Plan to incorporate provisions of AICUZ, JL US, and the
AICUZ Overlay Ordinance
Council Lady McClanan inquired relative the number of presentations related to the AICUZ, noise traffic
and JL US to the affected citizens. The City Manager advised he had given four (4) presentations. The staff
has responded to requests for presentations. The largest portion of the public education was to come
through the Citizen BRAC Committee meetings which they will be conducting and at the conclusion of the
impact analysis. Council Lady McClanan is uncomfortable voting on items which affect owners ofproperty
and they are not even aware their property is being affected. The City Manager advised there have been a
number of public presentations during the Joint Land Use Process and all of these Ordinances have come
from the Joint Land Use Process. The Planning Commission has held Public Hearings relative these
Ordinances. The City Manager advised he will provide information concerning the number ofpresentations.
Vice Mayor Jones advised, as there are a number of speakers registered, this item will be discussed during
the Formal Session.
Vice Mayor Louis R. Jones DISCLOSED Pursuant to Section § 2.2-3115 (G) re discussion and vote on the
City's response to the Base Realignment and Closure Commission's (BRAC) Final and Approved
Recommendations regarding Naval Air Station Oceana. Vice Mayor Jones owns property located in the
inter facility traffic area and is a member of the Board of Directors of Resource Bank where he receives
more than $10,000 annually in compensation as a Member of the Board. Resource Bank has extended loans
and lines of credit to owners and developers of property located in the Accident Potential Zone Vice Mayor
Jones wished to disclose this interest and advised he was able to participate in this discussion fairly,
objectively and in the public interest. Vice Mayor Jones 's letter of October 25, 2005, is hereby made a part
of the record.
October 25 , 2005
- 13 -
AGENDA REVIEW SESSION
ITEM # 54520
K4. Applications of S & J, L.L.C. at 3762 Shore Drive:
(DISTRICT 4 — BAYSIDE)
a. Change of Zoning District Classification from B-2
Community Business to Conditional B-4 Resort Commercial
with a Shore Drive Overlay District to develop 18 multi-
family dwellings with retail.
b. Conditional Use Permit for multi family dwellings.
Vice Mayor Louis R. Jones DISCLOSED and ABSTAINED Pursuant to Conflict of Interests Act § 2.2-3115
(E) re discussion and vote on the acquisition of real property located in APZ1 that is under development and
encroaches upon Naval Air Station Oceana. Vice Mayor Jones is a member of the Board of Directors of
Resource Bank and receives more than $10,000 a annually in compensation as a Member of the Board.
Resource Bank has extended a line of credit to Bishard Development Corporation and Alexander Homes,
in partnership to develop property. Bishard Development Corporation owns property in APZ1 that is under
development and encroaches upon Naval Air Station Oceana. Vice Mayor Jones wished to disclose this
interest and abstain from discussion and vote on this item. Vice Mayor Jones 's letter of October 11, 2005,
is hereby made a part of the record.
Mayor Oberndorf is concerned relative density and will vote NAY on this item.
ITEM # 54521
K.S. Application of DEEP BLUE MARINE, L.L.C. for a
Conditional Use Permit for boat sales and service at 3716
Shore Drive. (DISTRICT 4 -- BAYSIDE)
Vice Mayor Jones wished to modify Condition No. 11:
11. If, httlnzr szs. (6) MON lzs of alp oval, )corse cornpluUrl) clr e
received by the Zoning Aduzinistr at (it , In -order to
minimize noise eminating from the buildings, the applicant
will be required to insulate z`he sides and rear walls of the
buildings facing residential properties.
This item will be discussed during the Formal Session.
ITEM # 54522
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
K2. Application of PASTOR GA VINO BERNALES for a
Conditional Use Permit for a church at 3476 Holland
Road, Unit 3458. (DISTRICT 3 — ROSE HALL)
October 25 , 2005
- 14 -
AGENDA REVIEW SESSION
ITEM # 54522 (Continued)
K3. Application of RONALD E. MODLINGER, M.D. for a
Modification of Conditions to revise the design of the
building at 3296 Dam Neck Road (approved by City
Council on August 24, 2004). (DISTRICT 3 — ROSE
HALL)
K4. Applications of S & J, L.L.C. at 3762 Shore Drive:
(DISTRICT 4 — BAYSIDE)
a. Change of Zoning District Classification from B-2
Community Business to Conditional B-4 Resort
Commercial with a Shore Drive Overlay District to
develop 18 multi family dwellings with retail.
b. Conditional Use Permit for multi family dwellings.
Vice Mayor Jones will ABSTAIN on Item K. 4. (S & J; L.L.C.)
Mayor Oberndorf will vote NAY on Item K.4. (S & J, L.L.C.)
October 25 , 2005
-15 -
ITEM # 54523
Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant
to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration or interviews of prospective
candidates for employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation ofspecific public officers, appointees
or employees pursuant to Section 2.2-3711 (A) (1).
Evaluation of Council Appointees
To Wit: Appointments: Boards and Commissions:
Agricultural Advisory Commission
Beaches and Waterways Commission
Governance Committee for Historic Sites
Historical Review Board
Investment Partnership Advisory Committee- PPEA
Personnel Board (Appointment of Alternates)
Wetlands Board (Alternates)
PUBLICLY -HELD PROPERTY: Discussion or consideration of the condition,
acquisition, or use of real property for public purpose, or of the disposition of
publicly -held property, or of plans for the, future of an institution which could affect
the value ofproperty owned or desirablejbr ownership by such institution pursuant
to Section 2.2-3711(A)(3).
Agricultural Reserve Program (ARP)
PUBLIC CONTRACT: Discussion of the award of a public contract involving the
expenditure of public funds, and discussion of the terms or scope of such contract,
where discussion in an open session would adversely affect the bargaining position
or negotiating strategy of the public body, pursuant to Section 2.2-3711(A)(30).
Military Liaison Contract
LEGAL MATTERS: Consultation with legal counsel or briefings by staff members,
consultants, or attorneys pertaining to actual or probable litigation, or other specific
legal matters requiring the provision of legal advice by counsel pursuant to Section
2.2-3711 (A)(7).
Ruth Seamans v. City of Virginia Beach
BRAC
Upon motion by Councilman Wood, seconded by Councilman Reeve, City Council voted to proceed
into CLOSED SESSION (2:45 P.M.).
October 25 , 2005
-16 -
ITEM # 54523 (Continued)
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, MayorMeyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron
A. Villanueva and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Richard A. Maddox
Rosemary Wilson [Entered: 3:15 P.M, returning from
Virginia Municipal League (VML),
where she participated as the City's
Voting Delegate]
(Recess: 2:50 P.M. - 3:00 P.M.)
(Closed Session: 3:00 P.M. - 5:25 P.M.)
(Dinner: 5:25 P.M. - 5:55 P.M.)
October 25 , 2005
-17 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
October 25, 2005
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 25, 2005, at 6:00 P.M.
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox. Mayor Meyera E. Oberndorf Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
INVOCATION: Reverend William Dyson
Pastor, Mount Zion AME Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman
and Company and is directly and indirectly involved in many of Goodman and Company's transactions.
However, due to the size of Goodman and Company and the volume of transactions it handles in any given
year, Goodman and Company has an interest in numerous matters in which her husband is not personally
involved and of which she does not have personal knowledge. In order to ensure her compliance with both
the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to
thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters
in which she might have an actual or potential conflict. If during her review she identifies any matters, she
will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council.
Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is
hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not
personally involved and of which she does not have personal knowledge. In order to ensure her compliance
with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her
practice to thoroughly review the agenda for each meeting of City Council for the purpose ofidentifying any
matters in which she might have an actual or potential conflict. If during her review she identifies any
matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of
City Council. Council Lady Wilson regularly makes tits disclosure. Council Lady Wilson's letter of January
27, 2004, is hereby made a part of the record.
October 25 , 2005
-!8 -
MAYOR'S RECOGNITIONS
ITEM # 54524
Mayor Oberndorf RECOGNIZED Council Lady Reba McClanan on her birthday today, October 25, 2005.
All in attendance sang Happy Birthday.
ITEM # 54525
Mayor Oberndorf recognized the Commanding Officer of Naval Air Station - Oceana:
Captain Patrick Lorge
ITEM # 54526
Mayor Oberndorf recognized the followingBoy Scout in attendance who is working on his Communications
Merit Badge:
TROOP 407
Corey Raines
October 25 , 2005
-19 -
Item V -E.
CERTIFICATION OF
CLOSED SESSION ITEM # 54527
Upon motion by Councilman Dyer, seconded by Councilman Reeve, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent.
None
October 25 , 2005
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 54523, page 15, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711(A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
th Hodges mith, MMC
City Clerk October 25, 2005
Item V -F.1.
MINUTES
-20-
ITEM #54528
Upon motion by Councilman Reeve, seconded by Councilman Dyer, City Council APPROVED the Minutes
of the INFORMAL and FORMAL SESSIONS of October 25, 2005.
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
October 25 , 2005
21 -
Item V -G.1.
ADOPT AGENDA
FOR FORMAL SESSION ITEM #54529
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
October 25 , 2005
- 22 -
Item V -H.1.
PUBLIC HEARING ITEM #54530
Mayor Oberndorf DECLARED A PUBLIC HEARING:
SENTARA HEALTH CARE
Princess Anne Park
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
October 25 , 2005
- 23 -
Item V -H.2.
PUBLIC HEARING ITEM #54531
Mayor Oberndorf DECLARED A PUBLIC HEARING:
AMEND CAPITAL BUDGET FY 2005-2006
City Projects Fund Balance
School Reversion Funds
The following registered to speak:
$11,399,700
$ 7,640,838
Iva Nash, President - Virginia Beach Education Association (VBEA), 540 Cedar lane, Phone: 486-3146,
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
October 25 , 2005
-24 -
Item V -J.
ORDINANCES ITEM # 54532
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE
MOTION Items 1,2,3a.b.c.,4a.b., 5a -g, 6a.b. and 7 of the CONSENT AGENDA.
Voting. 11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady McClanan voted a VERBAL NAY on Item J.1. (impounded animals) and Item J.7. (BRAC -
related expenses)
October 25 , 2005
- 25 -
Item V -J.1.
ORDINANCES ITEM # 54533
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to AMEND § 5-71 of the City Code re sterilization of
impounded animals to comply with State Code (Deferred Indefinitely
September 13, 2005)
Voting: 10-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
October 25 , 2005
1 AN ORDINANCE TO AMEND SECTION 5-71 OF THE CITY
2 CODE, PERTAINING TO THE DISPOSITION OF
3 IMPOUNDED ANIMALS
4
5 Section Amended: City Code Section 5-71
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9
10 That Section 5-71 of the City Code is hereby amended and
11 reordained, to read as follows:
12 Sec. 5-71. Same --Disposition of unredeemed impounded animals.
13 If a dog or cat impounded under this article is not
14 claimed by its owner or caretaker within five (5) days or within
15 ten (10) days if the dog or cat has a collar, tag, license tattoo,
16 or other form of identification, it shall be disposed of in
17 accordance with the provisions of section 3.1-796.96 of the Code of
18 Virginia. In the event any person proposes to adopt such dog or
19 cat, pursuant to such section, he shall pay a fee of twenty-five
20 dollars ($25.00) for dogs; twenty dollars ($20.00) for cats; and
21 fifteen dollars ($15.00) for all other animals to cover the cost of
22 transfer, seizure and veterinary care for the animal. The person
23 desiring to adopt the animal shall sign an adoption contract
24 agreeing to abide by the rules and regulations of the bureau of
25 animal control. Any unaltered animal must be spayed or neutered by
26 the bureau of animal control prior to adoption for an additional
27 fifty dollar ($50.00) fee to cover the cost of the procedure or
28 within thirty (30) days of the adoption.
29 Animal Control may expend the mandatory sterilization
30 date by thirty days upon the presentation of a written report from
31 a veterinarian stating that the life or health of the adopted
32 animal may be jeopardized by sterilization. In cases involving
33 extenuating circumstances, the veterinarian and the Animal Control
34 Bureau may negotiate the terms of an extension of the date by which
35 the animal must be sterilized.
36 Such person shall obtain a proper license for the animal
37 pursuant to Article III of this chapter within ten (10) days of
38 such adoption.
39 Adopted by the Council of the City of Virginia Beach,
40 Virginia, on the 25th day of October, 2005.
-26 -
Item V -J.2.
ORDINANCES ITEM # 54534
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance REQUESTING Modification of the Town Center Phase II
Development Agreement re increased purchase price of the parking
garage on Block 10.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
October 25 , 2005
1 ORDINANCE APPROVING MODIFICATION TO
2 PHASE II PROJECT DOCUMENTS FOR
3 BLOCK 10 OF THE TOWN CENTER PROJECT
4
5 WHEREAS, on behalf of the City of Virginia Beach (the
6 "City") and the City of Virginia Beach Development Authority (the
7 "Authority"), the City Manager and City staff have engaged in
8 extensive negotiations with representatives of Armada/Hoffler
9 Development Company, L.L.C., and its affiliates, regarding the
10 development of a Central Business District Project known as "The
11 Town Center of Virginia Beach" (the "Project");
12 WHEREAS, by Ordinance No. 2766A adopted June 3, 2003,
13 after finding that Phase II of the Project will stimulate the
14 City's economy, increase public revenues, enhance public amenities,
15 further the City's development objectives for the Central Business
16 District and provide necessary components to further the goals
17 contained in the City's "Guidelines for Evaluation of Investment
18 Partnerships for Economic Development", the City Council (a)
19 approved development documents for Phase II of the Project (the
20 "Phase II Project Documents"), (b) requested that the Authority
21 approve and execute the Phase II Project Documents, and (c)
22 authorized the City Manager to execute a Support Agreement between
23 the City and the Authority supporting the Authority's obligations
24 contained in the Phase II Project Documents;
25 WHEREAS, Phase II of the Project includes Block 10, a
26 structure comprised of a 851 -space public parking garage (the
27 "Block 10 Parking Garage"), 42,350 square feet of ground floor
28 commercial space and 342 luxury apartments;
29 WHEREAS, pursuant to the Phase II Project Documents, Town
30 Center Associates, L.L.C. ("Developer") is obligated to construct
31 the Block 10 Parking Garage and the Authority is obligated to
32 purchase the Block 10 Parking Garage from the Developer upon its
33 completion and upon completion of other Phase II construction
34 obligations;
35 WHEREAS, the Developer incurred additional costs of
36 construction of Block 10 for certain improvements and enhancements
37 that the Authority requested Developer make within the Block 10
38 Parking Garage, including facade and perimeter lighting
39 enhancements;
40 WHEREAS, to facilitate the Developer's construction of
41 Phase II of the Project, the Developer has requested that the
42 Authority modify the Phase II Project Documents (the "Block 10
43 Modification") to provide that the acquisition cost of the Block 10
44 Parking Garage be increased by up to $140,913.18 (the "Block 10
45 Acquisition Cost Increase") to account for the improvements and
46 enhancements made by the Developer to the Block 10 Parking Garage;
47 WHEREAS, the obligations of the Authority with respect
48 to the Block 10 Parking Garage are supported by the City pursuant
49 to a Phase II Support Agreement;
50 WHEREAS, the Block 10 Parking Garage acquisition cost
51 shall be funded from (i) the proceeds of the Public Facilities
52 Revenue Bonds Series 2003A issued September 9, 2003, the debt
53 service on which will be paid from the revenues generated from the
2
54 Central Business District - South Tax Increment Financing Fund, and
55 (ii) CIP 3-283;
56 WHEREAS, the City Council finds that the proposed Block
57 10 Modification is desirable as it allows the Developer to enhance
58 Phase II of the Project and make certain desired improvements to
59 Block 10 of the Project; and
60 WHEREAS, the City Council hereby approves the Block 10
61 Modification and desires that the Authority pursue the preparation
62 of supplemental Phase II Project Documents to evidence the Block 10
63 Modification.
64 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
65 OF VIRGINIA BEACH, VIRGINIA;
66 1. In connection with the Virginia Beach Development
67 Authority's (the "Authority's") purchase of the public parking
68 garage to be constructed on Block 10 of the Town Center Project
69 (the "Block 10 Parking Garage") pursuant to the development
70 documents for Phase II of the Town Center Project (the "Phase II
71 Project Documents"), the City Council approves the modification
72 (the "Block 10 Modification") of the Phase II Project Documents to
73 provide that the acquisition cost of the Block 10 Parking Garage be
74 increased by up to $140,913.18 (the "Block 10 Acquisition Cost
75 Increase") for improvements and enhancements to the Block 10
76 Parking Garage, including facade and perimeter lighting
77 enhancements. The City Council finds that the Block 10
78 Modification is both a necessary and desirable modification to the
79 Authority's obligations with respect to Block 10 of Phase II of the
3
80 mixed-use commercial development project known as "The Town Center
81 of Virginia Beach".
82 2. The City Council recommends that the Authority adopt
83 a resolution (a) approving the Block 10 Modification, (b)
84 authorizing the City Manager and the City Attorney, on behalf of
85 the Authority, to proceed with the preparation of supplemental
86 Phase II Project Documents necessary and appropriate to implement
87 the Block 10 Modification (the "Modification Documents"), and (c)
88 authorizing the appropriate officers of the Authority to execute
89 and deliver the Modification Documents to which it is a party so
90 long as such Modification Doc=ents are consistent with the
91 provisions herein and are acceptable to the City Manager and the
92 City Attorney.
93 3. On behalf of the City of Virginia Beach, the City
94 Manager and the City Attorney are hereby authorized and directed to
95 proceed with the preparation of the Modification Documents.
96 4. The City Manager, or his designee, is authorized to
97 execute and deliver any Modification Documents to which the City is
98 a necessary party so long as such Modification Documents are
99 consistent with the provisions herein and are acceptable to the
100 City Manager and the City Attorney.
101 Adopted by the Council of the City of Virginia Beach,
102 Virginia, on the 25th day of October, 2005.
4
APPROVED TO CONTENT:
/7
Department of Economic
Development
APPROVED AS TO LEGAL
SUF '/ IEN Y:
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AVAILABILITY OF
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CA -9699
F:\Data\ATY\Ordin\NONCODE\Early 04 - ORDIN\BlocklOGarage.doc
R-2
October 4, 2005
- 27 -
Item V-J.3.a.
ORDINANCES ITEM # 54535
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to AUTHORIZE temporary encroachments into City
property:
SENTARA HEALTHCARE for easements over and
across City property at Princess Anne Park. (DISTRICT
7 — PRINCESS ANNE)
The following conditions shall be required:
(1) A perpetual, exclusive `Ambulance Easement"
(2) A restricted vehicular access for ambulances and other
emergency vehicles
(3)
A perpetual, non-exclusive "drive lane/parking easement "
to provide Sentara the right to construct, use and maintain
parking spaces and drive lanes serving the Sentara
property
(4) Easements are expressly subject to those terms, conditions
and criteria contained in the Deed of Easement between
the City of Virginia Beach and Sentara Healthcare
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
October 25 , 2005
1
2
3 AN ORDINANCE TO AUTHORIZE
4 EASEMENTS OVER AND ACROSS A
5 PORTION OF CITY PROPERTY
6 KNOWN AS PRINCESS ANNE PARK
7 TO SENTARA HEALTHCARE
8
9 WHEREAS, Sentara Healthcare ("Sentara") is the owner of
10 certain land (the "Sentara Property") located in the City of
11 Virginia Beach, Virginia adjacent. to Princess Anne Park;
12 WHEREAS, Sentara is developing a health campus pursuant to
13 that certain master development plan on file with the City's
14 Planning Department, and portions of such development require
15 easements over portions of City property, as shown on the site
16 plan attached hereto;
17 WHEREAS, Sentara desires to construct and maintain (i) a
18 vehicular entrance to the Sentara Property off Princess Anne
19 Road, restricted for ambulance and other emergency vehicles,
20 over and across "Easement Area #1" shown on Exhibit A attached
21 hereto, and (ii) parking spaces and drive lanes over and across
22 "Easement Area #2" shown on Exhibit B attached hereto ("Easement
23 Area #1" and "Easement Area #2" are collectively referred to as
24 the "Easement Areas");
25 WHEREAS, the City desires to utilize parking spaces located
26 on the Sentara Property for visitors to Princess Anne Park; and
27 WHEREAS, the City wishes to create perpetual easements over
28 the Easement Areas for the benefit of Sentara for the
29 improvements described above, and Sentara wishes to create a
30 perpetual easement over the Sentara Property for the benefit of
31 the City to provide the right of the City to utilize the parking
32 spaces located on the Sentara Property.
33 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
34 VIRGINIA BEACH, VIRGINIA:
35 1. That the City Council approves the granting of (i) a
36 perpetual, exclusive easement (the "Ambulance Easement") for the
37 benefit of the Sentara Property over and across "Easement Area
38 #1" shown on Exhibit A attached hereto for the purpose of
39 providing a restricted vehicular access to the Sentara Property
40 for ambulances and other emergency vehicles, and (ii) a
41 perpetual, non-exclusive easement (the "Drive Lane/Parking
42 Easement") for the benefit of the Sentara Property over and
43 across "Easement Area #2" shown on Exhibit B attached hereto for
44 the purpose of providing Sentara the right to construct, use and
45 maintain parking spaces and drive lanes serving the Sentara
46 Property.
47 2. That the City is authorized to accept the perpetual,
48 non-exclusive easement for the benefit of the City over and
49 across the Sentara Property for the purpose of providing the
50 right of the City and its permittees to utilize the parking
51 spaces located on the Sentara Property.
52 3. That the easements are expressly subject to those
53 terms, conditions and criteria contained in the Deed of Easement
54 between the City of Virginia Beach and Sentara Healthcare (the
55 `Agreement"), which is attached hereto and incorporated by
56 reference.
57 4. That the City Manager or his authorized designee is
58 hereby authorized to execute the Agreement and any other
59 documents necessary and appropriate in connection with the
60 easements, so long as such documents are acceptable to the City
61 Manager and the City Attorney.
62 Adopted by the Council of the City of Virginia Beach,
63 Virginia, on the 25th day of October
64
, 2005.
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF
ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
APPROVE S TO CONTENTS
PLANNIN��DEPARTMENT
APPR., ED AS TO LEGAL
SUFIENC AND FORM
TO
NEY
670
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DEED OF EASEMENT
THIS DEED OF EASEMENT is made as of the day of , 2005, by and
between SENTARA HEALTHCARE, a Virginia corporation, a grantor and grantee for purposes
of indexing, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia (the "City"), a grantor and grantee for purposes of indexing.
RECITALS
R-1. Sentara is the owner of that certain parcel of land (the "Sentara Parcel") located
in the City of Virginia Beach, Virginia, known as Parcel 2A on that certain subdivision plat (the
"Subdivision Plat") entitled "Plat Showing Subdivision of Princess Anne Park Parcel 2 and
Parcel 4, Map Book 275, Pages 55-68 and a Portion of Recreation Drive (Closed) for the City of
Virginia Beach" prepared by Waid Kidd, Jr., dated September 19, 2002, and recorded in the
Clerk's Office for the Circuit Court of the City of Virginia Beach as Instrument Number
200212203084143.
R-2. The City is the owner of that certain parcel (the "City Parcel") of land located in
the City of Virginia Beach, Virginia, known as Parcel 2B on the Subdivision Plat. The Sentara
Parcel and the City Parcel are collectively referred to as the "Parcels".
R-3. Sentara will be developing a health campus pursuant to that certain master
development plan on file with the City's Planning Department. Portions of such development
require easements on the City Parcel in the areas designated as "Easement Area #1" and
"Easement Area #2", and being more particularly depicted on Exhibit A and Exhibit B attached
hereto. ("Easement Area #1" and `Basement Area #2" shall hereinafter be referred to
collectively as the `Basement Areas") In addition, such development includes construction of
certain improvements on the Easement Areas.
R-4. The City wishes to create a perpetual, exclusive easement (the "Ambulance
Easement") for the benefit of the Sentara Parcel, through, over and across Easement Area #1 for
purpose of providing a restricted access, emergency ambulance entrance to the Sentara Parcel off
of Princess Anne Road.
R-5. The City wishes to create a perpetual, non-exclusive easement (the "Drive
Lane/Parking Easement") for the benefit of the Sentara Parcel, through, over and across the
Easement Areas for the purpose of providing Sentara the right to construct, use and maintain
parking spaces and drive lanes serving the Sentara Parcel in the Easement Areas.
R-6. Sentara wishes to create a perpetual, non-exclusive easement for the benefit of the
City Parcel, through, over and across the Sentara Parcel for the purpose of providing the right of
the City and the City Parcel Permittees (as defined below) to utilize the parking spaces located
on the Sentara Parcel as more particularly set forth herein.
1-644764.5
10/06/2005
This instrument prepared by and return to:
Erin T. Stubbe, Esq.
Willcox & Savage, P.C.
222 Central Park Avenue, Suite 1500
Virginia Beach, VA 23462
NOW, THEREFORE, for and in consideration of the foregoing, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. Ambulance Easement. The City hereby grants to Sentara, for the benefit of the
Sentara Parcel, the exclusive right, privilege and easement through, over and across Easement
Area #1 for the purposes of proving a restricted access, emergency ambulance entrance to the
Sentara Parcel off of Princess Anne Road. Use of the Ambulance Easement shall be limited to
City emergency service vehicles, ambulances and any other emergency service vehicles
authorized by Sentara (or its successor as the owner of the majority of the acreage of the Sentara
Parcel) for purposes of providing emergency access to the medical facilities to be located on the
Sentara Parcel.
2. Drive Lane/Parking Easement. The City hereby grants to Sentara, for the benefit
of the Sentara Parcel, the owners of the Sentara Parcel, and the tenants and occupants of the
building(s) now or hereafter constructed on the Sentara Parcel and their respective subtenants,
licensees, concessionaires, invitees, contractors, agents, employees and customers (collectively,
the "Sentara Permittees"), in common with any and all persons lawfully entitled to use the same,
the non-exclusive right, privilege and easement through, over and across the Easement Areas for
the purpose of providing pedestrian and vehicular ingress and egress and parking areas for the
Sentara Parcel, as well as the right, privilege and easement to construct, use and maintain parking
spaces and drive lanes in, the Easement Areas.
3. Parking Easement.
(a) Sentara hereby grants to the City for the benefit of the City Parcel and the
visitors (the "City Parcel Permittees") to the public park (the "Public Park") located on the City
Parcel, in common with any and all persons lawfully entitled to use the same, the non-exclusive
right, privilege and easement through, over and across the drive lanes and parking areas located
on the Sentara Parcel from time to time for the purpose of providing additional parking for the
Public Park during peak usage hours of the Public Park on evenings and weekends in any surplus
parking spaces available on the Sentara Parcel in the vicinity of Easement Area #2, including a
right of pedestrian and vehicular ingress and egress to and from such parking spaces.
(b) Notwithstanding the foregoing, Sentara and the City hereby acknowledge
and agree that the Parking Easement set forth herein shall be used by the City and the City Parcel
Permittees as additional, peak hours parking only and shall not serve as the primary parking area
for the Public Park, it being understood and agreed that the City shall maintain adequate parking
on the City Parcel to serve as primary parking for the Public Park. Furthermore, such Parking
Easement only applies to any surplus parking spaces available from time to time on the Sentara
Parcel in the vicinity of Easement Area #2. Use of the Parking Easement shall also be subject to
such reasonable rules and regulations for the Princess Anne Health Campus as Sentara may
establish from time to time, including prohibiting Public Park parking in certain areas, or during
certain hours (or restricting such parking to designated areas or hours) if necessary in order to
insure adequate parking is available for the facilities located on the Sentara Parcel.
2
1-644764.5
10/06/2005
4. Maintenance of Easement Areas. Sentara (or its successors as the owner of the
Sentara Parcel) shall, at its sole cost and expense, construct, maintain, repair and replace the
roadway and parking improvements in the Easement Areas and keep the same in good condition
and in compliance with the applicable regulations.
5. No Impairment. The parties further agree that each beneficiary of the non-
exclusive easements granted and created by this instrument shall use such rights with due regard
to the rights of others in their use of such non-exclusive easements. They shall not use such non-
exclusive easements in any way that would impair the rights of others to use the easements.
6. No Consent. No consent, approval or agreement of any agents, employees,
contractors, licensees, invitees, tenants or subtenants of the parties or their successors and assigns
in title shall be required at any time for the termination, change, modification or amendment of
the easements granted hereby, it being the intent hereof that any rights, privileges or benefit of
any agents, employees, contractors, licensees, invitees, tenants or subtenants shall be depended
upon and derived from the easements granted hereby in favor of the parties and their successors
and assigns as owner(s) of the Parcels.
7. Perpetual Easements. The easements created herein, and the benefits and
obligations attached hereto, shall create mutual and reciprocal servitudes upon each of the
affected Parcels as described herein, running with the land, and which shall be perpetual, unless
otherwise stated herein, and shall bind the parties hereto and their respective successors
(including, without limitation, successors in title) and assigns.
8. Notices. All notices, requests or other communications under this Deed of
Easement shall be in writing and shall be deemed duly given upon delivery to the following
applicable addresses either (i) in person or by reputable overnight or other private courier (with
receipt therefor); (ii) by certified or registered mail, return receipt requested; or (iii) by facsimile
transmittal, provided that the notice shall also be sent, either by certified mail, return receipt
requested, or by Federal Express or other reputable overnight courier service within one (1)
business day after such facsimile transmittal, as follows:
As to the City:
Copy to:
1-644764.5
10/06/2005
City of Virginia Beach
Attn: James C. Lawson
Department of Public Works -Real Estate Division
2405 Courthouse Drive, Room 300
Virginia Beach, Virginia 23456
Fax #: 757-427-4456
Office of the City Attorney
Attn: Carol Hahn
2412 North Landing Road
Municipal Center
Building 20, First Floor
Virginia Beach, Virginia 23462
3
As to Sentara:
Copy to:
9. Miscellaneous.
Fax #: 757-563-1167
Sentara Healthcare
Attn: Donald V. Jellig
Vice President
6015 Poplar Hall Drive, Suite 306
Norfolk, Virginia 23502
Fax #: 757-455-7756
Stephen R. Davis, Esq.
Willcox & Savage, P.C.
222 Central Park Avenue
Suite 1500
Virginia Beach, Virginia 23462
Fax #: 757-628-5659
(a) No person shall, as a result of this Deed of Easement, acquire any right,
title or interest in any portion of any property belonging to another except for such rights as are
created expressly by this Deed of Easement, and nothing in this Deed of Easement shall be
construed as creating any rights in or for the benefit of the general public.
(b) If any provision of this Deed of Easement shall be determined to be void
or unenforceable by any court of competent jurisdiction, then such determination shall not affect
any other provisions of this Deed of Easement, all of which other provisions shall remain in full
force and effect. If any provision of this Deed of Easement is capable of two constructions, one
of which would render the provision void and the other of which would render the provision
valid, then the provision shall have the meaning that renders it valid.
(c) Article headings, captions and other similar designations are for
convenience and reference only, and in no way define or limit the scope and content of this Deed
of Easement or affect its provisions.
(d) This Deed of Easement shall be governed by and construed in accordance
with the laws of the Commonwealth of Virginia.
(e) There shall be no merger of any easement or other estate created by this
Deed of Easement with the fee estate in any real property by reason of the fact that the same
person may acquire or hold (i) such easement or other estate created by this Deed of Easement or
any interest in such easement or estate and (ii) the fee estate in the real property subject to such
easement or any interest in such fee estate, and no such merger shall occur unless and until all
persons, including any mortgagees, having any interest in (i) the easement or other estate in
question, and (ii) the fee estate in the real property so affected, shall join in a written instrument
effecting such merger and shall duly record the same.
4
1-644764.5
10/06/2005
10. Counterparts. This Deed of Easement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
WITNESS the following signatures and seals:
SENTARA:
SENTARA HEALTHCARE,
a Virginia corporation
By: (SEAL)
Donald V. Jellig
Vice President
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of , 2005,
by Donald V. Jellig, as Vice President of Sentara Healthcare, a Virginia corporation, on behalf of
the corporation.
My Commission expires
Notary Public
CITY:
CITY OF VIRGINIA BEACH
By: (seal)
City Manager/Authorized
Designee of City Manager
ATTEST:
Ruth Hodges Smith
5
1-644764.5
10/06/2005
City Clerk
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
2005, by , City Manager/Authorized City Manager of
the City of Virginia Beach, Virginia, on its behalf. He/she is personally known to me.
My Commission expires
Notary Public
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of , 2005,
by , City Clerk of the City of Virginia Beach, Virginia,
on its behalf. She is personally known to me.
My Commission expires
Notary Public
Approved as to Content: Approved as to Form:
Real Estate Agent City Attorney
6
1-644764.5
10/06/2005
IAV)
- 2? -
Item V -J.3. b.
ORDINANCES ITEM # 54536
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to AUTHORIZE temporary encroachments into City
property:
WILLIAM H. McCUTCHEON for a proposed floating dock, ramp,
boatlift, pier and wood piles at 557 Virginia Dare Drive, Lake Wesley.
(DISTRICT 6 — BEACH)
The following conditions shall be required:
1. The temporary encroachment shall be constructed and
maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach and in accordance with
the City 's specifications and approval.
2. The temporary encroachment shall terminate upon notice by the
City to the applicant and, within thirty (30) days after such notice
is given, the temporary encroachment must be removed from the
encroachment area by the applicant and the applicant will bear all
costs and expenses of such removal.
3. The applicant shall indemnify and hold harmless the City, its
agents and employees from and against all claims, damages,
losses and expenses, including reasonable attorney's fees in case
it shall be necessary to file or defend an action arising out of the
location or existence of the temporary encroachment.
4. Nothing herein contained shall be construed to enlarge the
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit
the maintenance and construk;tion of any encroachment by
anyone other than the applicant.
5. The applicant agrees to maintain the temporary encroachment so
as not to become unsightly or a hazard.
6. Prior to issuance of a Right -of - Way Permit, the applicant must
post a Performance Bond. The amount of the bond shall be
determined by the Department of Planning, Development
Services Center (DSC) at the time of site development plan
review.
October 25 , 2005
-29 -
Item V-J.3.b.
ORDINANCES ITEM # 54536 (Continued)
7. The applicant shall obtain and keep in force all risk property
insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable.
The applicant must also carry comprehensive general liability
insurance in an amount not less than Five Hundred Thousand
Dollars ($500, 000), combined single limits of such insurance
policy or policies. The applicant must provide endorsements
providing at least thirty (30) days' written notice to the City prior
to the cancellation or termination of or material change to, any
of the insurance policies. The applicant assumes all
responsibilities and liabilities, vested or contingent, with relation
to the temporary encroachment.
8. The applicant shall submit for review and approval a survey of
the area being encroached upon, certified by a registered
professional engineer or a licensed land surveyor and/or "as
built" plans of the temporary encroachment, sealed by a
registered professional engineer, if required by the City
Engineer's Office.
9. The City, upon revocation of such authority and permission so
granted, may remove the temporary encroachment and charge
the cost thereof to the applicant and collect the cost in any
manner provided by law for the collection of local or state taxes;
may require the applicant to remove such temporary
encroachment; and, pending such removal, the City may charge
the applicant for the use ofsuch portion of the City's right-of-way
encroached upon the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
applicant; and if such removal shall not be made within the time
specified by the Agreement, the City shall impose a penalty in the
sum of One Hundred Dollars ($100.00) per day for each and
every day that such temporary encroachment is allowed to
continue thereafter; and, shall collect such compensation and
penalties in any manner provided by law for the collection of
local or state taxes.
October 25 , 2005
-30 -
Item V-J.3.b.
ORDINANCES ITEM # 54536 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
October 25 , 2005
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE TEMPORARY
4 ENCROACHMENTS INTO A PORTION OF CITY PROPERTY
5 KNOWN AS LAKE WESLEY BY WILLIAM H.
6 MCCUTCHEON, JR., HIS HEIRS, ASSIGNS AND
7 SUCCESSORS IN TITLE
8
9 WHEREAS, William H. McCutcheon, Jr. desires to construct and maintain temporary
10 encroachments for a proposed floating dock, ramp, boatlift, pier and wood piles into the City's
11 property known as Lake Wesley and located at the rear of 557 Virginia Dare Drive,
12 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of
13 Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property
14 subject to such terms and conditions as Council may prescribe.
15 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and
18 15.2-2107, Code of Virginia, 1950, as amended, William H. McCutcheon, Jr., his heirs, assigns
19 and successors in title are authorized to construct and maintain temporary encroachments for a
20 proposed floating dock, ramp, boatlift, pier and wood piles in the City's property as shown on
21 the maps marked: Exhibits "A" and "B" and entitled: "ENCROACHMENT EXHIBIT OF LOT
22 20 CROATAN BEACH M.B. 37, P. 11 FOR JOE McCUTCHEON 557 VIRGINIA DARE
23 DRIVE VIRGINIA BEACH, VA 23451," Rev. June 30, 2005 and prepared by Kellam Gerwitz,
24 copies of which are on file in the Department of Public Works and to which reference is made
25 for a more particular description; and
26 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject
27 to those terms, conditions and criteria contained in the Agreement between the City of Virginia
28 Beach and William H. McCutcheon, Jr. (the "Agreement"), which is attached hereto and
29 incorporated by reference; and
30 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is
31 hereby authorized to execute the Agreement; and
32 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time
33 as William H. McCutcheon, Jr. and the City Manager or his authorized designee execute the
34 Agreement.
35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day
36 of October , 2005.
37
38 APPROVED AS TO CONTENTS
39 C iniS
C. & SGr,
40 P47i'//REAL O2ESTATE
41
42 APPROVED AS TO LEGAL
43 SUFFICIENCY AND FORM
44 leak iU '
45 CITY A ORNEY
46 CA -9687
47 PREPARED: 9/2/05
48 X:\Projects\Encroachments\Applicants\McCutcheon - Pier 557 VA Dare Dr. - RB\Ordinance Encroachment.Frm.doc
49 F;IDataIATYIOIDIREAL ESTATEIEncroachmerPts1PW OrdinanceslCA9687 McCutcheon.doc
PREPARED BY VIRGINIA BEACH
CITY ATTORNEYS OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 22nd day of August, 2005, by and between the CITY
OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and WILLIAM
H. MCCUTCHEON, JR., HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee",
even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot 120 as shown on "RESUBDIVISION OF PART OF
CROATAN BEACH" and recorded in Map Book 37, Page 11 in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and being further designated and described as 557
Virginia Dare Drive, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain temporary
encroachments for a proposed floating dock, ramp, boatlift, pier and wood piles, "Temporary
Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of existing City property known as Lake
Wesley at the rear of 557 Virginia Dare Drive, "The Encroachment Area"; and
WHEREAS, the Granted has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPIN: 2427-20-6108
2426-29-8670
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the
Grantee permission to use The Encroachment Area for the purpose of constructing and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, td wit:
A Temporary Encroachment into The Encroachment Area as
shown on those certain plats entitled: "ENCROACHMENT
EXHIBIT OF LOT 20 CROATAN BEACH M.B. 37, P. 11 FOR
JOE McCUTCHEON 557 VIRGINIA DARE DRIVE VIRGINIA
BEACH, VA 23451," Rev. June 30, 2005 and prepared by Kellam
Gerwitz., which plats are attached hereto as Exhibits "A" and "B"
and to which reference is made for a more particular description.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from The
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all claims, damages, losses
and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of the Temporary Encroachment.
2
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Planning Department prior to commencing any construction within The
Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a permit, the
Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to
the Office of Development Services Center/Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional named insured
or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single limits of such insurance
policy or policies. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change to, any of
the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
3
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of The Encroachment Area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment
sealed by a registered professional engineer, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of The
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, William H. McCutcheon, Jr., the said Grantee has caused this
Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused
this Agreement to be executed in its name and on its behalf by its City Manager and its seal be
hereunto affixed and attested by its City Clerk.
4
(SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
William H. McCutcheon, Jr.
The foregoing instrument was acknowledged before me this .2 day of
, 2005, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
My Commission Expires:
5
Notary Public
STATE OF
CITY/COUNTY OF ! r
to -wit:
The foregoing instrument was acknowledged before me this .,9c.,/ day of
, 2005, by William H. McCutcheon, Jr.
My Commission Expires:
31 66(j
APPROVED AS TO CONTENTS
SIGNATURE
Ph) k) E Cc
DEPARTMENT
APPROVED AS TO LEGAL
SUFFIECIENCY AND FORM
lug. g.tatiir.,o
X:\Projects\Encroachments\Applicants\McCutcheon - Pier 557 VA Dare Dr. - RB Agreement Encroachment.Frml.doc
6
rLAKE
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OCEAN
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EXHIBIT "A"
OF CHANNEL
N /F
GORDON R. DANGELO
GPIN: 2426-29-4761
MB 160, PG 18
(ACROSS WATER) EDGE
N /F
MALCOLM L. NUNN JR.
GPIN: 2426-29-8530
MB 37 PG 11
32'46'10" E 53.50' z
2911.5 SQ. FT. v
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ENCROACHMENT SEE DETAIL
LAKE WESLEY
N /F
BRUCE C. GOTTWALD &
FLOYD D. GOTTWALD JR..
---GPIN: 2426-29-5830
MB 160, PG 18
(ACROSS WATER)
(UNDEVELOPED)
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GPIN: 2426-29-8698
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SLOT TO BE SOLD
AFTER CONSTRUCTION
GRAPHIC SCALE
20 0 10 20 40
�I-
N /F
MARJORIE B. AND
W. SHEPHERD DREWRY JR
2426-29-9747
MB 160, PG 18
(1 LOT TO NE)
80
FEET
1 INCH = 40 FEET
PROJECT #2005612
32'46'10" W 100.00'
VIRGINIA DARE DRIVE
REV. JUNE 30,
2005
LOCATION:
LAKE WESLEY
RUDEE INLET, ATLANTIC OCEAN
VIRGINIA BEACH, VIRGINIA
AGENT:
KELLAM—GERWITZ
500 CENTRAL DRIVE, SUITE 113
VIRGINIA BEACH, VIRGINIA 23454
ENCROACHMENT EXHIBIT
OF
LOT 20
CROATAN BEACH
M.B. 37, P. 11
FOR
JOE McCUTCHEON
557 VIRGINIA DARE DRIVE
VIRGINIA BEACH, VA 23451
ENGINEERING - SURVEYING - PLANNING
500 CENTRAL. DRIVE - SUITE I U - VIRGINIA BEACH, VA23454
(757) 340-0828 - FAX (757) 340-1603
16.5'
I
O
PROPOSED 12" WOOD
PILES (TYP)
19.5'
O
EXHIBIT "B"
0
40.0'
PROPOSED FLOATING DOCK
36.0'
to
PROPOSED 12" GUIDE
PILES (TYP)
PROPOSED 8" WOOD PILES
GRAPHIC SCALE
5 0 2.5 5 10 20
FEET
1 INCH = 10 FEET
PROJECT #2005612
0
PROPOSED RAMP
12.0'
6�1
0
CJ
4.0'
0
4.0'
4.0'
0
0
4.0'
REV. JUNE 30, 2005
N
u\ u
PROPOSED BOAT LIFT
TO BE INSTALLED PER
MANUFACTURER'S
SPECIFICATIONS
PROPOSED PIER
(SEE SHEET 4 FOR
CONSTRUCTION DETAILS)
EXISTING
w ALL
LOCATION:
LAKE WESLEY
RUDEE INLET, ATLANTIC OCEAN
VIRGINIA BEACH. VIRGINIA
AGENT:
KELLAM-GERWITZ
500 CENTRAL DRIVE. SUITE 11.3
VIRG!NIA RLACH, VIRGINIA 23151
ENCROACHMENT EXHIBIT OF
LOT 20 CROATAN BEACH MB.
37, P. 11 FOR JOE McCUTCHEON
557 VIRGINIA DARE DRIVE
VIRGINIA BEACH, VA 23451
4
ENGINEERING - SURVEYING - PLANNING
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- 31 -
Item V-J.3.c.
ORDINANCES ITEM # 54537
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to AUTHORIZE temporary encroachments into City
property:
MALCOLML. NUNN, JR. to maintain an existing pier, lift, float and
construct to maintain mooring piles and float addition at 561 Virginia
Dare Drive, Lake Wesley. (DISTRICT 6 — BEACH)
The following conditions shall be required:
1. The temporary encroachment shall be constructed and
maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach and in accordance with
the City's specifications and approval.
2. The temporary encroachment shall terminate upon notice by the
City to the applicant and, within thirty (30) days after such notice
is given, the temporary encroachment must be removed from the
encroachment area by the applicant and the applicant will bear
all costs and expenses of such removal.
3. The applicant shall indemnify and hold harmless the City, its
agents and employees from and against all claims, damages,
losses and expenses, including reasonable attorney's fees in case
it shall be necessary to file or defend an action arising out of the
location or existence of the temporary encroachment.
4. Nothing herein contained shall be construed to enlarge the
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by
anyone other than the applicant.
5. The applicant must obtain a permit from the Office of
Development Services CenterTlanning Department prior to
commencing any construction within the encroachment area
6. The applicant agrees to maintain the temporary encroachment so
as not to become unsightly or al hazard.
7. Prior to issuance of a Right -oft Way Permit, the applicant must
post a Performance Bond. The amount of the bond shall be
determined by the Department of Planning, Development
Services Center (DSC) at the time of site development plan
review.
October 25 , 2005
- 32 -
Item V-J.3.c.
ORDINANCES ITEM # 54537 (Continued)
8. The applicant shall obtain and keep in force all risk property
insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable.
The applicant must also carry comprehensive general liability
insurance in an amount not less than Five Hundred Thousand
Dollars ($500, 000), combined single limits of such insurance
policy or policies. The applicant must provide endorsements
providing at least thirty (30) days' written notice to the City prior
to the cancellation or termination of or material change to, any
of the insurance policies. The applicant assumes all
responsibilities and liabilities, vested or contingent, with relation
to the temporary encroachment.
9. The applicant shall submit for review and approval a survey of
the area being encroached upon, certified by a registered
professional engineer or a licensed land surveyor and/or "as
built" plans of the temporary encroachment, sealed by a
registered professional engineer, if required by the City
Engineer's Office.
10 The City, upon revocation of such authority and permission so
granted, may remove the temporary encroachment and charge
the cost thereof to the applicant and collect the cost in any
manner provided by law for the collection of local or state taxes;
may require the applicant to remove such temporary
encroachment; and, pending such removal, the City may charge
the applicant for the use of such portion of the City's right-of-way
encroached upon the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
applicant; and if such removal shall not be made within the time
specified by the Agreement, the City shall impose a penalty in the
sum of One Hundred Dollars ($100.00) per day for each and
every day that such temporary encroachment is allowed to
continue thereafter; and, shall collect such compensation and
penalties in any manner provided by law for the collection of
local or state taxes.
October 25 , 2005
- 33 -
Item V-J.3.c.
ORDINANCES ITEM # 54537 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim
Reeve, Peter W. Schmidt, Ron A.i Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
October 25 , 2005
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO
5 A PORTION OF CITY PROPERTY
6 KNOWN AS LAKE WESLEY BY
7 MALCOLM L. NUNN, JR, HIS HEIRS,
8 ASSIGNS AND SUCCESSORS IN TITLE
9
10 WHEREAS, Malcolm L. Nunn, Jr. desires to maintain an existing pier, lift and float and
11 to construct and maintain proposed mooring piles and float addition into the City's property
12 known as Lake Wesley and located at the rear of 561 Virginia Dare Drive.
13 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of
14 Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property
15 subject to such terms and conditions as Council may prescribe.
16 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and
19 15.2-2107, Code of Virginia, 1950, as amended, Malcolm L. Nunn, Jr., his heirs, assigns and
20 successors in title are authorized to maintain existing pier, lift and float and to construct and
21 maintain proposed mooring piles and float addition in the City's property as shown on the map
22 marked Exhibit "A" and entitled: "EXISTING PIER, LIFT AND FLOAT AND PROPOSED
23 MOORING PILES AND FLOAT ADDITION FOR MALCOLM L. NUNN, JR. LOT 19,
24 RESUB. OF PART OF CROATAN BEACH BEACH DISTRICT VIRGINIA BEACH, VA,"
25 dated June 27, 2005 and prepared by Waterfront Consulting, Inc., a copy of which is on file in
26 the Department of Public Works and to which reference is made for a more particular
27 description; and
28 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject
29 to those terms, conditions and criteria contained in the Agreement between the City of Virginia
30 Beach and Malcolm L. Nunn, Jr. (the "Agreement"), which is attached hereto and incorporated
31 by reference; and
32 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is
33 hereby authorized to execute the Agreement; and
34 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time
35 as Malcolm L. Nunn, Jr. and the City Manager or his authorized designee execute the
36 Agreement.
37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 th day
38 of October , 2005.
39
40 APPROVED AS TO CONTENTS
41 an) ics C.
42 /REAL ESTATE nf‘15
43
44 APPROVED AS TO LEGAL
45 S)UIFFF�ICIE/, N�CY AND FORM
U1114
46 UJ
47 CITY A RNEY
48 CA -9688
49 PREPARED: 8/3/05
50 X:\Projects\Encroachments\Applicants\Nunn - Pier, etc Virginia DAre 561 - RB\Ordinance Encroachment.Frm.doc
51 F:IDataIATYIOIDIREAL ESTATEIEncroachmentsIPW Ordinances1CA9688 Nunn.doc
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 31st day of August, 2005, by and between the
CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and
MALCOLM L. NUNN, JR., HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot 19 as shown on "RESUBDIVISION OF PART OF
CROATAN BEACH" (Map Book 37, Page 11), and being further designated and described as
561 Virginia Dare Drive, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to maintain temporary encroachments
for existing pier, lift and float and to construct and maintain proposed mooring piles and float
addition, "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and/or maintaining the Temporary Encroachment, it
is necessary that the Grantee encroach into a portion of existing City property known as Lake
Wesley at the rear of 561 Virginia Dare Drive, "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPIN: 2427-20-6108
2426-29-8530
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the
Grantee permission to use The Encroachment Area for the purpose of constructing and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as
shown on that certain plat entitled: "EXISTING PIER, LIFT AND
FLOAT AND PROPOSED MOORING PILES AND FLOAT
ADDITION FOR MALCOLM L. NUNN, JR. LOT 19, RESUB.
OF PART OF CROATAN BEACH BEACH DISTRICT
VIRGINIA BEACH, VA," dated June 27, 2005 and prepared by
Waterfront Consulting, Inc., which plat is attached hereto as
Exhibit "A" and to which reference is made for a more particular
description.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from The
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all claims, damages, losses
and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of the Temporary Encroachment.
2
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Planning Department prior to commencing any construction within The
Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a permit, the
Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to
the Office of Development Services Center/Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional named insured
or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single limits of such insurance
policy or policies. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change to, any of
the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
3
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of The Encroachment Area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment
sealed by a registered professional engineer, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of The
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Malcolm L. Nunn, Jr., the said Grantee has caused
this Agreement to be executed by his signature. Further, that the City of Virginia Beach has
caused this Agreement to be executed in its name and on its behalf by its City Manager and its
seal be hereunto affixed and attested by its City Clerk.
4
(SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
The foregoing instrument was acknowledged before me this day of
2005, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
My Commission Expires:
5
Notary Public
STATE OF
CITYAGf3eNT-Y OF (JlY\i , to -wit:
The foregoing instrument was acknowledged before me this ?1S+ -day of
L� , 2005, by Malcolm L. Nunn, Jr.
My Commission Expires: 91331 0
N tary Public
APPROVED AS TO CON TENTS APPROVED AS TO LEGAL
SUFFIECIENCY AND FORM
SIGNATURE at
w
REiti E
DEPARTMENT
Wet .1w4,61,0
X:\Projects\Encroachments\Applicants\N nn - Pier, etc Virginia DAre 561- RB\Agreement Encroachment.Frml.doe
6
LOT 18
2426-29— 7471
EXHIBIT "A"
LAKE WESLEY
0
0
r.
0
N
0
-- - - EASTERN LIMIT OF CITY
CHANNEL AS PER CITY
MAPPING AND SURVEYS
EXISTING 1
PIER, LIFT
AND FLOAT
PROPOSED
MOORini PILES
16' , 16'
��11�� % 32
-
j
Wt
W
0
0
. . =A1
EX. CONC. BULKHEAD
•
MLW WIDTH OF LAKE
WESLEY AT SITE 275'±
CONSTRUCT AND INSTALL
FLOAT AS PER THE
MANUFACTURER'S SPEC'S
co PROPOSED
FLOAT ADDITION
�wx a1V�- aUx avy
LOT 19
2 -STY -RES
# 561
,00 .021. M „OS,2'I.LS N
R PER
MB. 37 P. 11
ML W
— MHW
LOT 20
2426-29-8670
PLAN VIEW
SCALE 1" = 40'
GPIN: 2426-29-8530-0000
N 32'46'10" E 100.00'
VIRGINIA DARE DRIVE
(FORMERLY SECOTAN ROAD)
(50' R/W)
WATERFRONT
CONSULTING, INC
1112 JENSEN DRIVE, STE. 206
VIRGINIA BEACH, VA 23451
PHONE: (757) 425-8244
FAX: (757) 216-6687
EXISTING PIER, LIFT AND FLOAT
AND PROPOSED MOORING PILES
AND FLOAT ADDITION
FOR
MALCOLM L. NUNN, JR.
LOT 19, RESUB. OF PART OF CROATAN BEACH
BEACH DISTRICT VIRGINIA BEACH, VA
(M. B. 37 PCG 11) DATE: JUNE 27, 2005
1 OF 1
LOCATION MAP SHOWING
ENCROACHMENT REQUESTED FOR
ENCROACHMENTS INTO LAKE WESLEY FOR
MALCOM L. NUNN, JR.
GPIN 2426-29-8530
SCALE: 1" = 200'
PREPARED BY P,W ENG. DRAFT. 04 -AUG -2005
- 34 -
Item V-J.4.a/6.
ORDINANCES ITEM # 54538
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinances to ACCEPT and APPROPRIATE from the Federal
Emergency Management Agency (FEMA) to the Fire Department's
FY2005-2006 Operating Budget re a deployment related to hurricanes:
a. Hurricane Katrina $1,000,000
b. Hurricane Ophelia $ 250,000
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
October 25 , 2005
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $1,000,000 FROM THE FEDERAL EMERGENCY
3 MANAGEMENT AGENCY TO THE FIRE
4 DEPARTMENT'S FY 2005-06 OPERATING BUDGET
5 FOR A DEPLOYMENT RELATED TO HURRICANE
6 KATRINA
7
8 WHEREAS, the Federal Emergency Management Agency (FEMA)
9 issued an alert order for members of the FEMA Virginia Task -
10 Force 2 Urban Search and Rescue Team for deployment related to
11 Hurricane Katrina and has approved $1,000,000 in reimbursement
12 costs for expenses related to the Hurricane Katrina deployment.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 That $1,000,000 in federal funds is hereby accepted from
16 the Federal Emergency Management Agency and appropriated to the
17 Fire Department's FY 2005-06 Operating Budget, for costs
18 associated with the deployment of members of the urban search
19 and rescue team, with federal revenue increased accordingly.
20 Accepted by the Council of the City of Virginia Beach,
21 Virginia on the 25th
Approved as to Content
day of October
Management
CA9778
H:\PA\GG\OrdRes\FEMA Hurricane Katrina ORD
R-2
October 12, 2005
Services
, 2005.
Approved as to Legal
Sufficiency
j(LJ i( � CUt
City Attorney's Office
FEDERAL EMERGENCY MANAGEMENT AGENCY
ASSISTANCE AWARD/AMENDMENT
1. ASSISTANCE INSTRUMENT
0 COOPERATIVE AGREEMENT 0 GRANT
3. INSTRUMENT NUMBER
EMW-2003-CA-0111
4. AMENDMENT NUMBER
M015
7. RECIPIENT NAME AND ADDRESS
+irginia Beach Fire Department
Lttn: Mark Piland
Battalion Chief
special Operations, Municipal Center
:408 Courthouse Drive, Building 421
iirginia Beach VA 23456-9065
9. RECIPIENT PROJECT MANAGER
Mark Piland 757-219-2020
11. ASSISTANCE ARRANGEMENT
Q COST REIMBURSEMENT
❑ COST SHARING
❑ FIXED PRICE
O OTHER
14. ASSISTANCE AMOUNT
PREVIOUS AMOUNT
•
AMOUNT THIS ACTION $1,906,010.00
TOTAL AMOUNT
12. PAYMENT METHOD
0 TREASURY CHECK
REIMBURSEMENT
O ADVANCE CHECK
O LETTER OF CREDIT
$2,558,857.53
$4,464,867.53
16. DESCRIPTION OF PROJECT
The purpose of this amendment is
Katrina. These US&R Task Forces
2_ TYPE OF ACTION
0 AWARD
Q AMENDMENT .
5_ EFFECTIVE DATE
See Block 21
6. CONTROL NUMBER
NN00456Y2005T
8. ISSUING/ADMINISTRATION OFFICE
Federal Emergency Management Agency
Financial & Acquisition Management Div
Grants Management Branch
500 C Street, S.W., Room 350
Washington DC 20472
Specialist: Cynthia Perry, 202-646-4640
10 . FEMA PROJECT OFFICER
Wanda Casey, 202-646-4013
13. PAYMENT OFFICE
Federal Emergency Management Agency
Accounting Services Division
Disbursement & Receivables Branch
500 C Street, S.W., Room 723
Washington DC 20472
15. ACCOUNTING & APPROPRIATION DATA
See Continuation Page
to provide funding to the US&R Task Forces that deployed in support of Hurricane.
were requested by the State for assistance in a life-saving mission under E$F-9.
The total amount obligated under this agreement
$4,464,867.53.
All other terms and conditions remain
End of Amendment M015
17. RECIPIENT REQUIREMENT
in effect.
is hereby increased by $1,906,010.00 from $2,558,857.53 to
0 RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUING/ADMIN OFFICE IN BLOCK 8.
0 RECIPIENT 1S NOT REQUIRED TO SIGN THIS DOCUMENT.
18. RECIPIENT (Type name and title)
Grey e. o T,Tt.I iaAle-s-
ti
DATE 21 SIGN URE OF ASSISTANCE OFFICER
REPLACES EL'1ITION OF JULI . WHICH IS OBSOLETE.
20. SI TUBE OF Re
FFIA orm 4805. API 85
19. ASSISTANCE OFFICER (Type name and title)
Sylvia A. Carroll
Assistance Officer
V‘...T/tE(.4}5
CONTINUATION PAGE
A.1 PRICE/COST SCHEDULE
ITEM DESCRIPTION OF QTY UNIT
NO. SUPPLIES/SERVICES PRICE
1
1.00 $1,906,010.00
CA -TF1, CA-TF4, CA-TF7, FL-TF2, IN -TF1,
MA -TF1, MD
FUNDING/REQ NO: 1: $1,906,010.00 NN00456Y2005T
ACCOUNTING AND APPROPRIATION DATA:
ACRN APPROPRIATION
1 2005-06-1604DR-9044- -4101-D NN00456Y2005T P $1,906,010.00
AMOUNT
$1,906,010.00
GRAND TOTAL --- $1,906,010.00
REQUISITION NUMBER AMOUNT
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $250,000 FROM THE FEDERAL EMERGENCY
3 MANAGEMENT AGENCY TO THE FIRE
4 DEPARTMENT'S FY 2005-06 OPERATING BUDGET
5 FOR A DEPLOYMENT RELATED TO HURRICANE
6 OPHELIA
7
8 WHEREAS, the Federal Emergency Management Agency (FEMA)
9 issued an alert order for members of the FEMA Virginia Task -
10 Force 2 Urban Search and Rescue Team for deployment related to
11 Hurricane Ophelia and has approved $250,000 in reimbursement
12 costs for expenses related to the Hurricane Ophelia deployment.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 That $250,000 in federal funds is hereby accepted from the
16 Federal Emergency Management Agency and appropriated to the Fire
17 Department's FY 2005-06 Operating Budget, for costs associated
18 with the deployment of members of the urban search and rescue
19 team, with federal revenue increased accordingly.
20 Accepted by the Council of the City of Virginia Beach,
21 Virginia on the 25th
Approved as to Content:
day of October
Management Services
, 2005.
Approved as to Legal
Sufficiency:
�J Cf YLQ cof (J„
City Attorne}</ s Office
CA9777
H:\PA\GG\OrdRes\FEMA Hurricane Ophelia ORD
R-2
October 12, 2005
FEDERAL EMERGENCY MANAGEMENT AGENCY
ASSISTANCE AWARD/AMENDMENT
1. ASSISTANCE INSTRUMENT
0 COOPERATIVE AGREEMENT ❑ GRANT
3. INSTRUMENT NUMBER
EMW-2003-CA-0111
4. AMENDMENT NUMBER
M016
7. RECIPIENT NAME AND ADDRESS
Virginia Beach Fire Department,
Attn: Mark Piland
Special Operations, Municipal Center
2408 Courthouse Drive, Building #21
Virginia Beach VA 23456-9065
9. RECIPIENT PROJECT MANAGER
Mark Piland, 757-219-2020
11. ASSISTANCE ARRANGEMENT
0 COST REIMBURSEMENT
❑ COST SHARING
❑ FIXED PRICE
❑ OTHER
14. ASSISTANCE AMOUNT
PREVIOUS AMOUNT
12. PAYMENT METHOD
El TREASURY CHECK
REIMBURSEMENT
❑ ADVANCE CHECK
❑ LETTER OF CREDIT
$4,464,867.53
$1,056,010.00
AMOUNT THIS ACTION
TOTAL AMOUNT
$5,520,877.53
16. DESCRIPTION OF PROJECT
2_ TYPE OF ACTION
❑ AWARD 0 AMENDMENT
5. EFFECTIVE DATE
See Block 21
6. CONTROL NUMBER
NN00519Y2005T
8. ISSUING/ADMINISTRATION OFFICE
Federal Emergency Management Agency
Financial & Acquisition Management Div
Grants Management Branch
500 C Street, S.W., Room 334
Washington DC 20472
Specialist: Arlene Ramsey, 202-646-4531
10 . FEMA PROJECT OFFICER
Wanda Casey, 202-646-4013
13 . PAYMENT OFFICE
Federal Emergency Management Agency
Disaster Finance Center
P.O. Box 800
Building 708
Berryville VA 22611-0800
15_ ACCOUNTING & APPROPRIATION DATA
See Continuation Page
This amendment M016, provides funding to VA-TF2 for support to the Hurricane Ophelia response effort.
CFDA No. 97.025 applies.
The total amount hereby obligated is increased by $1,056,010.00 from $4,464,867.53 to $5,520,877.53.
All other terms and conditions remain unchanged and in full force and effect.
END OF AMENDMENT M016.
17. RECIPIENT REQUIREMENT
E] RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUING/ADMIN OFFICE IN BLOCK 8.
❑ RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT.
18. RECIPIENT (Type name and title)
Gr • �,� IS. - trvt, diter
20. SIGH TURE OF RE ,,; IEN j DATE
FEM
orm 4gC2 , AP
/611//0
REPLACES EDITION OF JUL 84,`FP t [CH'BSOLETE.
19. ASSISTANCE OFFICER (Type name and title)
Richard W. Goodman
Assistance Officer
21. SIGNATURE OF ASSISTANCE OFFICER
D TE.
CONTINUATION PAGE
A.1 PRICE/COST SCHEDULE
ITEM i DESCRIPTION OF QTY UNIT UNIT
NO. SUPPLIES/SERVICES PRICE
1
AMOUNT
1.00 $1,056,010.00 $1,056,010.00
Hurricane Ophelia US&R Task Forces and
IST Members
FUNDING/REQ NO: 1: $1,056,0:L0.00 NN00519Y2005T
GRAND TOTAL --- $1,056,010.00
ACCOUNTING AND APPROPRIATION DATA:
ACRN. APPROPRIATION REQUISITION NUMBER AMOUNT
1 2005-06-3254EM-9044- -4101-D NN00519Y2005T P'.• $1,056,010.00
-35 -
Item V -J.5. a g
ORDINANCES ITEM # 54539
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to APPROPRIATE $10,440,838 in FY2004-2005 Virginia
Beach School Reversion Funds to the FY 2005-2006 Schools Operating
Budget and FY 2005-2006 Capital. Improvement Program (CIP):
Operation and maintenance equipment and replacement
vehicles for landscape services
Instructional technology re cyclical replacement and
infrastructure
Bus, service, and fleet vehicle replacements, custodial
equipment and storage
$ 200,000
$2,600,000
$2,321,000
School plant supplies and services $1,032, 716
Human Resources/payroll system replacement $ 800,000
Data management for K-12 Enterprise Grade Book $1,487,122
Ocean Lakes High School addition $2,000,000
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
October 25 , 2005
1 AN ORDINANCE TO APPROPRIATE
2 $10,440,838 IN FY 2004-05 VIRGINIA
3 BEACH SCHOOL REVERSION FUNDS TO
4 THE FY 2005-06 SCHOOLS OPERATING
5 BUDGET AND FY 2005-06 CAPITAL
6 IMPROVEMENT PROGRAM
7
8 WHEREAS, a total amount of $10,440,838 in FY 2004-05
9 Virginia Beach Public School reversion funds are available for
10 appropriation; and
11 WHEREAS, by resolution dated October 4, 2005, the
12 School Board formally requested the City Council to approve the
13 appropriation of school reversion funds to the FY 2005-06
14 Capital Budget and FY 2005-06 School Operating Budget.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
16 CITY OF VIRGINIA BEACH, VIRGINIA„
17 1. That CIP Project # 1-237, "School Human
18 Resources/Payroll System", is hereby re-established;
19 2. That $10,440,838 in school reversion funds are hereby
20 appropriated from the General Fund to the FY 2005-06 Capital
21 Budget and FY 2005-06 School Operating Budget in the amounts and
22 for the purposes set forth below:
23 (a) $200,000 to the Operations and Maintenance
24 Category of the School Operating Budget for equipment and
25 replacement vehicles for School Landscape Services;
26 (b) $2,600,000 to the School Instructional Technology
27 Fund of the School Operating Budget to fund the cyclical
28 replacement of instructional technology infrastructure and
29 equipment;
30 (c) $2,321,000 to CIP #1-011, "Equipment and Vehicle
31 Replacement," for school bus replacements and replacement of
32 service and fleet vehicles, custodial equipment, and storage for
33 testing materials;
34 (d) $1,032,716 to CIP #1-211, "Operating Budget
35 Support," for school plant supplies and services;
36 (e) $800,000 to CIP #1-237, "School Human
37 Resources/Payroll System," for Phase II of the Human Resources
38 Payroll System;
39 (g) $1,487,122 to CIP # 1-195, "Student Data
40 Management System" for K-12 Enterprise Grade Book;
41 (h) $2,000,000 to OI.P # 1-020, "Ocean Lakes High
42 School Addition," to replace funds transferred to the Schools
43 Operating Budget by ordinance dated October 11, 2005.
44 3. That estimated revenue from use of the FY 2004-05 Fund
45 Balance of the General Fund is increased by $10,440,838.
46 Adopted by the Council of the City of Virginia Beach,
47 Virginia on the 25th day of October
, 2005.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
laryv ?,
Management Services City Attorney'sOffice
CA9764
H:\PA\GG\OrdRes\Schools Reversion Funds ORD
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October 12, 2005
♦/i�
IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
School. Board Agenda Item
Subject: Resolution Regarding FY 2004/05 Reversion Funds Item Number: 12C
Section: Action Date: October 4, 2005
Cabinet Member: Mrs. Victoria L. Lewis
Prepared by: Mrs. Victoria L. Lewis
Presenter(s): Mrs. Victoria L. Lewis, Chief Financial Officer
Recommendation:
It is recommended that the School Board approve the recommended uses of the projected reversion.
Background Summary:
Source:
FY 2005-06 Unaudited Financial Statement
Budget Impact:
Strategic Plan Reference:
Y.17
IRGINIA BEACH CITY PUBLIC SCHOOLS
SCHOOL BOARD
Daniel D. Edwards
Chairman
District 1 - Centerville
1513 Beachview Drive
VA Beach, VA 23464
495-3551 (h) • 717-0259 (cell)
Sandra Smith -Jones
Vice Chairman
District 2 - Kempsville
705 Rock Creek Court
VA Beach, VA 23462
490-8167 (h)
Rita Sweet Bellitto
At -Large
P.O. Box 64909
VA Beach, VA 23467
418-0960 (h)
Jane S. Brooks
District 6 - Beach
721 Hilltop Road
VA Beach, VA 23454
425-1597 (h)
Emma L. "Em" Davis
District 5 - Lynnhaven
1125 Michaelwood Drive
VA Beach, VA 23452
340-8911 (h)
Edward F. Fissinger, Sr.
At -Large
412 Becton Place
VA Beach, VA 23452
486-4567 (h)
Dan R. Lowe
District 4 - Bayside
4617 Red Coat Road
VA Beach, VA 23455
490-3681 (h)
Michael W. Stewart
District 3 - Rose Hall
105 Brentwood Court
VA Beach, VA 23452
498-4303 (h) • 445-4637 (w)
Arthur T. Tate
At -Large
1709 Ladysmith Mews
VA Beach, VA 23455
460-5451 (h)
Carolyn D. Weems
At -Large
1420 Claudia Drive
VA Beach, VA 23455
464-6674 (h)
Lois S. Williams, Ph.D.
District 7 - Princess Anne
2532 Las Corrales Court
VA Beach, VA 23456
816-6107 (cell) • 961-3734 (w)
INTERIM
SUPERINTENDENT
Shelia S. Magula, Ed.D.
2512 George Mason Drive
VA Beach, VA 23456
263-1007
AHEAD OF THE CURVE
RESOLUTION REGARDING FY 2004/05 REVERSION FUNDS
WHEREAS, On September 20, 2005 the School Board was presented with a summary of the un -audited financial statement
for FY 2004/05 realizing $4,614,210 in additional revenue and $5,826,628 in expenditure savings resulting in total reversion
funds of $10,440,838; and
WHEREAS, the Administration recommends the following uses for the $10,440,838 million:
• $ 660,000 to CIP 1-01 1 for the replacement of service and fleet vehicles
• $ 800,000 to CIP 1-237 for Phase II of the HR/PR system
• $1,487,122 to CIP 1-195 for K-12 Enterprise Grade Book
• $ 2,600,000 to Fund 108 Instructional Technology for the instructional technology replacement cycle
• $ 1,032,716 to CIP 1-21 1 for School F'lant
• $ 1,500,000 to CIP 1-011 for bus replacements — funding in the Operating Budget for bus replacements to be used
as a reserve for rising fuel prices
• $2,000,000 to Fund 495, CIP project 1-020 Ocean Lakes High School, concurrent with a $2,000,000 adjustment in
the allocation of the FY 05/06 Revenue Sharing Funds such that FY 05/06 PAYGO is reduced by $2,000,000 in CIP
1-020 Ocean Lakes High School, and Fund 115, School Operating Budget is increased $1,899,641 and Fund 114,
Food Services is increased $100,359. The additional allocation in the operating and food services funds will be used
to increase the health insurance subsidy effective January I, 2006 to $4,430 (currently budgeted at $4,100) in order
to reduce the disparity with the city health insurance subsidy (currently set at $4,585 effective January 1, 2006)
• $ 200,000 to Fund 1 15 School Operating Budget, Operations and Maintenance category for equipment and
replacement vehicles for School Landscape Services
• $ 75,000 to CIP 1-011 for custodial equipment
• $ 86,000 to CIP 1-01 1 for storage for testing materials
now, therefore, be it
RESOLVED: That the Board approves the recommended uses of the FY 2004/05 reversion as presented by the
Administration; and be it further
RESOLVED: That a request be made of City Council to appropriate $7,547,122 of these funds by October I I, 2005 in
order to facilitate the following:
• $ 660,000 to CIP 1-011 for the replacement of service and fleet vehicles
• $ 800,000 to CIP 1-237 for Phase II of the HR/PR system
• $1,487,122 to CIP 1-195 for K -I2 Enterprise Grade Book
• $2,600,000 to Fund 108 Instructional Technology for the instructional technology replacement cycle
• $2,000,000 to Fund 495, CIP project 1-020 Ocean Lakes High School, concurrent with a $2,000,000 adjustment in
the allocation of the FY 05/06 Revenue Sharing Funds such that FY 05/06 PAYGO is reduced by $2,000,000 in CIP
1-020 Ocean Lakes High School, and Fund 115, School Operating Budget is increased $1,899,641 and Fund 114,
Food Services is increased $100,359. The additional allocation in the operating and food services funds will be used
to increase the health insurance subsidy effective January 1, 2006 to $4,430 (currently budgeted at $4,100) in order
to reduce the disparity with the city health insurance subsidy (currently set at $4,585 effective January I, 2006)
RESOLVED: That the remaining $2,893,716 be requested for re -appropriation by City Council as soon thereafter as
possible; and be it further
RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is
directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City
Clerk.
Adopted by the School Board of the City of Virginia Beach this 4th day of October, 2005
SEAL
Atte_, � O(,Q.it trot wo
Dianne P. Alexander, Clerk of the Board
)1,,,OZZwoific/
DanieCRInnE E A TRUE
AND CORRECT COPY
Clerk, School Board of tha
City of Virginia
School Administration Building • 2512 George Mason Drive • P.O. Box 6038 • Virginia Beach, VA 23456-0038
www.vbschools.com
NOTICE OF PUBLIC HEARING
Amendment to the FY 2005-06 Capital Budget:
Supplemental Appropriation of $7,640,838 in School
Reversion Funds to School Capital Projects
On Tuesday, October 25, 2005, the Council of the City of
Virginia Beach, Virginia, will hold a Public Hearing on a
proposed amendment to the FY 2005-2006 Capital Budget.
The amendment proposes a supplemental appropriation of
$7,640,838 in Virginia Beach School Reversion Funds to
the following School capital projects: Equipment and
Vehicle Replacement; School Operating Budget Support;
School Human Resources/Payroll System; Student Data
Management System; and Ocean Lakes High School
Addition. A copy of the proposed ordinance, which details
the amounts of the appropriation for each project, is on file
in the City Clerk's Office.
The Public Hearing will be conducted at 6:00 p.m. in the
Council Chamber on the second floor, City Hall Building,
Municipal Center, Virginia Beach, Virginia. Individuals
desiring to provide oral or written comments may do so by
contacting the City Clerk's office at 427-4303. If you are
physically disabled or visually impaired and need
assistance at this meeting, please call 427-4303. Hearing
impaired, call Virginia Relay at 1-800-828-1120.
Ruth Hodges Smith, MMC
City Clerk
Note:
1. Advertisement to appear in the Beacon on Sunday,
October 16, 2005. Deadline Tuesday, Oct. 11.
-36 -
Item V-J.6a.b.
ORDINANCES ITEM # 54540
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinances to ACCEPT and APPROPRIATE funds from the Virginia
Department of Motor Vehicles (DMV) to the Police Department's FY
2005-2006 Operating Budget:
Conduct lectures re the consequences of driving under the
influence (DUI)
Conduct surveys re seatbelt usage by high school
students
Voting: 11-0 (By Consent)
Council Members Voting Aye:
$ 15,000
$ 12,600
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
October 25 , 2005
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $15,000
2 FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES
3 TO THE POLICE DEPARTMENT'S FY 2005-06
4 OPERATING BUDGET TO CONDUCT LECTURES TO
5 DEMONSTRATE THE CONSEQUENCES OF DRIVING UNDER
6 THE INFLUENCE
7
8
9 WHEREAS, The Police Department has identified $3,750 in
10 matching funds to support this grant.
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13 That $15,000 is hereby accepted from the Virginia Department
14 of Motor Vehicles and appropriated to the Police Department's FY
15 2005-06 Operating Budget to provide funding for lectures
16 demonstrating the consequences of driving under the influence, with
17 state revenue increased accordingly.
18 Adopted by the Council of the City of Virginia Beach,
19 Virginia, on the 25th day of October , 2005.
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
,411/ce h(,/ 6,„
Management Services City Attorney' Office
CA9776
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October 12, 2005
CO
Pierce R. Homer
Secretary of Transportation
Mr. Raymond Eisenberg, Captain
Virginia Beach City
2509 Princess Anne Road
Virginia Beach, VA 23456
Dear Mr. Eisenberg:
ONT/VEALTH of VI/'., GINIA
Office of th.e Governor
P.O. Box 1475
Richmond, Virginia 23218
September 12, 2005
(804) 786-8032
Fax: (804) 786-6683
TTY: (800) 828-1120
Safety has been and will continue to be a high priority in Virginia's overall transportation
system. Governor Mark R. Warner and I are committed to ensuring that safety is the highest priority in
the development of the Commonwealth's multi -modal transportation system.
I am pleased to inform you the highway safety project proposal(s) listed below have been
approved for federal fiscal year 2006 pass-through grant funding.
Project Title Amount Approved
Teen Seat Belt Usage
DUI Education
$12,600
$15,000
The availability of funds under this grant is contingent upon two conditions: (1) the project
manager and the person responsible for the voucher/financial management of your grant must attend a
grantee workshop and (2) the release of federal funds to the Commonwealth. The enclosed
information provides the dates and locations regarding this mandatory training.
The approved project application(s) and the memorandum of conditions from James Bradford,
Jr., DMV Assistant Commissioner of Transportation, will be provided to your project director during
the training session. As the recipient of a FY06 grant award, it is important that you read and follow
this information carefully. If you should have any questions regarding the conditions, please contact
the project monitor assigned to your grant.
I hope that your project will have a positive impact on highway safety for all Virginians.
Thank you for your interest in improving highway safety.
Enclosure
Sincerely,
/5-<:2,t,46 -
Pierce R. Homer
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $12,600
2 FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES
3 TO THE POLICE DEPARTMENT'S FY 2005-06
4 OPERATING BUDGET TO CONDUCT SURVEYS ON
5 SEATBELT USAGE WITHIN HIGH SCHOOLS
6 WHEREAS, The Police Department has identified $3,150 in
7 matching funds to support this grant.
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10 That $12,600 is hereby accepted from the Virginia Department
11 of Motor Vehicles and appropriated to the Police Department's FY
12 2005-06 Operating Budget to provide funding to conduct surveys on
13 seatbelt usage within high schools, with state revenue increased
14 accordingly.
15 Adopted by the Council of the City of Virginia Beach,
16 Virginia, on the 25th day of October , 2005.
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT:
Management Services
CA9775
H:\PA\GG\OrdRes\Teen Seat Belt ORD
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October 14, 2005
APPROVED AS TO LEGAL
SUFFICIENCY:
•
City Attorney's ffice
CO
Pierce R. Horner
Secretary of Transportation
MONWEALTH of VIM GINIA
Mr. Raymond Eisenberg, Captain
Virginia Beach City
2509 Princess Anne Road
Virginia Beach, VA 23456
Dear Mr. Eisenberg:
Office of the Governor
P.O. Box 1475
Richmond, Virginia 23218
September 12, 2005
(804) 786-8032
Fax: (804) 786-6683
TTY: (800) 828-1120
Safety has been and will continue to be a high priority in Virginia's overall transportation
system. Governor Mark R. Warner and I are committed to ensuring that safety is the highest priority in
the development of the Commonwealth's multi -modal transportation system.
I am pleased to inform you the highway safety project proposal(s) listed below have been
approved for federal fiscal year 2006 pass-through grant funding.
Project Title Amount Approved
Teen Seat Belt Usage
DUI Education
$12,600
$15,000
The availability of funds under this grant is contingent upon two conditions: (1) the project
manager and the person responsible for the voucher/financial management of your grant must attend a
grantee workshop and (2) the release of federal funds to the Commonwealth. The enclosed
information provides the dates and locations regarding this mandatory training.
The approved project application(s) and the memorandum of conditions from James Bradford,
Jr., DMV Assistant Commissioner of Transportation, will be provided to your project director during
the training session. As the recipient of a FY06 grant award, it is important that you read and follow
this information carefully. If you should have any questions regarding the conditions, please contact
the project monitor assigned to your grant.
I hope that your project will have a positive impact on highway safety for all Virginians.
Thank you for your interest in improving highway safety.
Enclosure
Sincerely,
ffio-c4t
Pierce R. Homer
- 37 -
Item V -J.7.
ORDINANCES ITEM # 54541
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED:
Ordinance to TRANSFER $500, 000 from FY 2005-2006 Operating
Budget Reserve for Contingencies to establish a dedicated reserve for
BRAC -related expenses and services.
Voting: 10-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard
A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
October 25 , 2005
1 AN ORDINANCE TO TRANSFER $500,000 WITHIN
2 THE FY 2005-06 OPERATING BUDGET TO
3 ESTABLISH A RESERVE FOR BRAC -RELATED
4 EXPENSES
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That $500,000 is hereby transferred from within the FY
8 2005-06 Operating Budget Reserve for Contingencies to establish a
9 dedicated Reserve for Contingencies—BRAC-Related Expenses, for
10 legal and other professional services, media and public relations
11 expenses, printing, postage, and other related expenses and
12 services, as needed.
13 Adopted by the Council, of the City of Virginia Beach,
14 Virginia, on the 25 day of October , 2005.
Requires an affirmative vote by a majority of the members of City
Council.
Approved As to Content:
Management Services
CA9779
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October 14, 2005
Approved As To Legal
Sufficiency:
City Attorney' Office
- 38 -
Item V -K.
PLANNING ITEM #54542
1. AICUZ, noise, traffic and JLUS
2. PASTOR GAVINO BERNALES
3. RONALD E. MODLINGER, M.D.
4.S&J,L.L.C.
a. AMEND and REORDAIN CZO
Section 221.1 and ADD new
Article 18 re discretionary development
applications
b. AMEND and REORDAIN Airport
Noise and Attenuation and Safety
Ordinances re sound attenuation and
disclosures
c. AMEND Official Zoning Map to
incorporate the NAS Oceana - NALF
Fentress Interfacility Traffic Area
d. AMEND the Comprehensive Plan to
incorporate the NAS Oceana - NALF
Fentress Interfacility Traffic Area Map
e. AMEND the Comprehensive Plan by
revising Chapters 1, 2, 3, 5, 9, the
Appendix, and the Princess Anne
Corridor Plan to incorporate provisions
AICUZ, JLUS and the AICUZ Overlay
CONDITIONAL USE PERMIT
MODIFICATION OF CONDITIONS re
revision of design (approved 8/24/04)
CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
5. DEEP BLUE MARINE, L.L.C. CONDITIONAL USE PERMIT
October 25 , 2005
- 39 -
Item V -K.
PLANNING ITEM # 54543
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE
MOTION Items 1,2 and 3 of the PLANNING BY CONSENT AGENDA.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
October 25 , 2005
Item V -K.1.
PLANNING
The following registered to speak:
- 40 -
ITEM # 54544
Linwood Branch, President - Virginia Beach Motel/Hotel Association, 720 Windwood Drive,
Phone: 422-0256, expressed concern re the redevelopment strategy for the Oceanfront not being a part
of this proposal. Under this Ordinance, hotels are an incompatible use from 34`" Street to the Cavalier
Hotel as well as the area surrounding the Convention Center. Over thirty (30) redevelopment
projects are "on hold" in the Resort area. A successful resort industry will require a mix of
retail, restaurant and hotel development, which is currently not practical with the current zoning. Only
a portion of the JLUS recommendations are being considered.
The Honorable Owen Pickett, spoke in SUPPORT and advised these ordinances are another step in the
direction of implementing the Joint Land Use Plan (JI. US). Chesapeake and Norfolk are moving ahead with
similar changes
THom Prevette, Chairman - Virginia Beach Division of the Hampton Roads Chamber of Commerce, Vice
President of Government Affairs for Cox Communication, Phone: 222-8496, spoke in SUPPORT
Admiral Fred Metz, 805 Circuit Court, Phone: 481-3248, served on the Joint Land Use Task Force, spoke
in SUPPORT
David Gracie, 2532 South Adventure, Trail, Phone: 486-8341, requested DEFERRAL until the
Virginia Beach Citizen BRAC Committee report is completed.
Dr. Christopher Hooper, 2916 Gaines Landing, Phone: 496-3411, Dentist, Executive Committee - Tidewater
Dental Association, spoke in SUPPORT of the Ordinances and Oceana
Sam Reid, 1533 Virginia Beach Boulevard, Phone: 437-5648, President - Oceana Garden Coalition
Civic League, requested DEFERRAL until completion of the Virginia Beach Citizen BRAC Committee
and Economic Consultant reports
Stephen R. Davis, Vice President - Virginia Beach Visions and Chair of the JLUS Task Force and now
member of the Citizen BRAC Committee, requested DEFERRAL until completion of the Citizen BRAC
Committee report and Economic Study
Jimmy Capps, 940 Cardinal Road, Phone: 428-4099, hotel owner in the Resort Area, spoke in support
of the Resort Area as a year `round destination area with the opportunity to develop the 19' and 31'
Street Corridor. Mr. Capps requested DEFERRAL until completion of the Citizen BRAC Committee
report and Economic Study.
Tom Snyder, 222 Central Park Avenue, Suite 1700, represented the Taylor Group (Linda Chapel and
Barbara Creech), owners of approximately 1,000 acres of land located west and south of Oceana
Naval Air Station. Mr. Snyder participated as a stakeholder in the JLUS process. Mr. Snyder requested
DEFERRAL until completion of the Citizen BRAC Committee report and Economic Study
Tim Faulkner, 1026 Spotswood Avenue, Norfolk, Phone: 626-0220, property manager, advised 50%
of the tenants are military related with 25%from Oceana. Mr. Faulker urged adoption of the Ordinances
October 25 , 2005
- 41 -
Item V -K.1.
PLANNING ITEM # 54544 (Continued)
Ray Breeden, 1433 North Bayshore Drive, Phone: 422-1666, represented the Breeden Companies of
Virginia Beach and spoke in SUPPORT of adoption of the Ordinances
Alan Kent Little, 1634 Cutty Sark Road, Phone: 496-0448, represented the City of Oceana Coalition
(a coalition of businesses in Virginia Beach comprising professional, medical, real estate, construction,
retail - 10,000 employees and approximately $1 -BILLION of the tax base), spoke of SUPPORT. Oceana
represents 17% of the jobs in the City.
Hu Odom, 4506 Oceana Front Avenue, Phone: 491-4362, operates Golden Corrals in Virginia Beach
and Hampton Roads, spoke in SUPPORT In 2006, the three (3) Virginia Beach Golden Corrals will
have approximately $15 -MILLION in sales and generate over $800, 000 in food and beverage taxes
for this City. During the Summer of 2006, the restaurants will employ approximately 450 in addition
to the 22 office personnel in Kempsville
Jim Arnhold, 1612 Centerville Turnpike, Phone: 621-8868, owner of a local development construction
business for the past thirty (30) years, life-long resident of Virginia Beach. Mr. Arnhold requested
DEFERRAL until completion of the Citizen BRAC Committee report and Economic Study.
Captain Patrick Lorge, Commanding Officer - Naval Air Station Oceana, spoke in SUPPORT and
requested ADOPTION of the Ordinance
Janice Roller, 2444 East Chester Drive, Phone: 486-2854, spoke on behalf of the residents
of Cheltenham Square as per request of Joe Ferrara. Ms. Roller registered in OPPOSITION
and requested DEFERRAL until completion of the Citizen BRAC Committee report and Economic Study.
The BRAC mandated plan does not have to be in place until March 2006.
Jerry Chaplain, 913 Virginia Beach Boulevard, Phone: 428-6302, property owner at the Resort strip,
registered in OPPOSITION. Citizens have a right to develop their property. The safety of our young
pilots and the citizens are the most important. Eminent domain should not be considered
Joseph Arnhold, 1077 Frazee Lane, Phone: 749-4805, resident since 1981, spoke in OPPOSITION.
More than 50,000 residents live within the 70 decibel or higher noise level. Pilots cannot even train
properly because of restricted access
Attorney R. E. Bourdon, Phone; 499-8971, advised he is not OPPOSED to Oceana's continued presence
in the City. Attorney Bourdon requested DEFERRAL for further discussion and refinement and continued
public information gathering. Approximately $1/4 -MILLION was expended to build a Convention Center
on 191h Street and is now considered an incompatible land use. Redevelopment of the Resort is essential to
the success of the new Convention Center
Bob Horton, 3288 Page Avenue #309, Phone: 685-5064, spoke in OPPOSITION, concerned re encroachment
by the Navy on the quality of life. Mr. Horton advised Oceana only represents 5% of the employment in the
City of Virginia Beach. Mr. Horton spoke to nine Mayor's (or their representatives) throughout the United
States and researched various Military closures and their economic results
Bill Lee, 3521 Indian River Road, Phone: 427-6404, spoke in OPPOSITION. Amendment 5 of the Bill
of Rights allows private property owners the economic viable use of their property. Mr. Lee requested
DENIAL or DEFERRAL
October 25 . 2005
-42 -
Item V -K.1.
PLANNING ITEM # 54544 (Continued)
Bill Gambrell, 6304 Atlantic Avenue, registered in OPPOSITION. Oceana is a vital component of our
City . He requested DEFERRAL until completion of the Citizen BRAC Committee report and Economic
Study
Don Smith, 208 77th Street, life long resident and business owner, requested DEFERRAL until completion
of the Citizen BRAC Committee report and Economic Study.
Attorney R..J. Nutter, 222 Central Park Avenue #2002, Phone: 687-7500, represented hotel owners on 33'd
34th, 35th, 36th, 37" and 39`" Street. This is the area where the 70 decibel noise area intersects with the
Oceanfront and particularly the east side of Atlantic Avenue. These businesses jointly have over 3,000
employees. Attorney Nutter requested DEFERRAL until completion of the Citizen BRAC Committee report
and Economic Study
Mike Barrett, 212 72nd Street, member of the earlier AICUZ Task Force and now newly appointed Citizen
BRAC Committee. The Navy will continue to oppose any development above 65 decibel. There are
approximately 95,000 citizens residing in 25,000 homes valued at approximately $3.5 -BILLION who
reside in the noise zones. Mr. Barrett registered in OPPOSITION and requested DEFERRAL until
completion of the Citizen BRAC Committee report and Economic Study
A MOTION was made by Councilman Dyer, seconded by Councilman Wood, to ADOPT Ordinances re
AICUZ, noise, traffic and JLUS:
a. AMEND andREORDAINthe CZOREPEALINGSection 221.1
and ADD a new Article 18 to establish City Council Policy re
discretionary development applications and sound attenuation
requirements in buildings and structures in certain AICUZ
b. AMEND and REORDAIN the Airport Noise Attenuation and
Safety Ordinance (City Code Appendix I), re sound attenuation
requirements in certain buildings and structures and required
disclosures in residential real estate transactions
c. AMEND the Official Zoning Map to designate and incorporate
the NAS Oceana — NALF Fentress Interfacility Traffic Area
d. AMEND the Comprehensive Plan to incorporate the NAS
Oceana — NALF Fentress Interfacility Traffic Area Map
e. AMEND the Comprehensive Plan by revising Chapters 1, 2, 3,
5, 9, the Appendix, and the Princess Anne Corridor Plan to
incorporate provisions of AICUZ, JLUS, and the AICUZ
Overlay Ordinance
October 25 , 2005
Item V -K.1.
PLANNING
Upon motion
City Council
Voting:
- 43 -
ITEM # 54544 (Continued)
by Vice Mayor Jones, seconded by Councilman Maddox, City Council DEFERRED until the
Session of November 22, 2005:
Ordinances re AICUZ, noise, traffic and JLUS:
a. AMEND andREORDAINthe CZOREPEALINGSection 221.1
and ADD a new Article 18 to establish City Council Policy re
discretionary development applications and sound attenuation
requirements in buildings and structures in certain AICUZ
b. AMEND and REORDAIN the Airport Noise Attenuation and
Safety Ordinance (City Code Appendix 1), re sound attenuation
requirements in certain buildings and structures and required
disclosures in residential real estate transactions
c. AMEND the Official Zoning Map to designate and incorporate
the NAS Oceana — NALF Fentress Interfacility Traffic Area
d. AMEND the Comprehensive Plan to incorporate the NAS
Oceana — NALF Fentress Interfacility Traffic Area Map
e. AMEND the Comprehensive Plan by revising Chapters 1, 2, 3,
5, 9, the Appendix, and the Princess Anne Corridor Plan to
incorporate provisions of AICUZ, JLUS, and the AICUZ
Overlay Ordinance
7-4
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva,
Council Members Voting Nay:
Robert M Dyer, Mayor Meyera E. Oberndorf Rosemary Wilson and
James L. Wood
Council Members Absent:
None
Vice Mayor Louis R. Jones DISCLOSED Pursuant to Section § 2.2-3115 (G) re discussion and vote on the
City's response to the Base Realignment and Closure Commission's (BRAC) Final and Approved
Recommendations regarding Naval Air Station Oceana. Vice Mayor Jones owns property located in the
inter facility traffic area and is a member of the Board of Directors of Resource Bank where he receives
more than $10,000 annually in compensation as a Member of the Board. Resource Bank has extended loans
and lines of credit to owners and developers ofproperty located in the Accident Potential Zone Vice Mayor
Jones wished to disclose this interest and advised he was able to participate in this discussion fairly,
objectively and in the public interest. Vice Mayor Jones's letter of October 25, 2005, is hereby made a part
of the record.
October 25 , 2005
LOUIS R. JONES
COUNCILMAN - DISTRICT 4 - BAYSIDE
Mrs. Ruth Hodges Smith, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Smith:
City of Virgiriia 1 beach
October 25, 2005
Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia
PHONE: (757) 583-0177
FAX: (757) 426-5669
Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(G), Code of Virginia, I
make the following declaration:
1. I am executing this written disclosure regarding City Council's discussion and vote
on the City's response to the Base Realignment and Closure Commission ("BRAC")
Final and Approved Recommendations regarding Naval Air Station Oceana.
2. I own property that is located in the inter -facility traffic area.
3. I also am a member of the Board of Directors of Resource Bank and receive more
than $10,000 annually in compensation for serving on the board. Resource Bank has
extended loans and lines of credit to owners and developers of property located in
Accident Potential Zone 1.
4. I am a part of two groups—property owners in the inter -facility traffic area and
financial services providers to owners and developers of property located in Accident
Potential Zone 1—the members of which are affected by the City's response to the
BRAC report.
5. I am able to participate in this discussion fairly, objectively, and in the public interest.
1008 WITCH POINT TRAIL, VIRGINIA BEACH, VA 23455-5645
Mrs. Ruth Hodges Smith -2- October 25, 2005
Re: Disclosure Pursuant to Section 2.2-3115(G), Code of Virginia
Accordingly, I respectfully request that you record this declaration in the official records of
City Council. Thank you for your assistance in this matter.
Sincerely,
Louis R. Jo
Vice Mayor
LRJ/RRI
- 44 -
Item V -K.2.
PLANNING ITEM # 54545
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED the
Ordinance upon application ofPASTOR GAVINO BERNALESfor a Conditional Use Permit for a church.
ORDINANCE UPON APPLICATION OF PASTOR GAVINOBERNALES
FOR A CONDITIONAL USE PERMIT FOR A CHURCH R0100534129
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Pastor Gavino Bernales for a
Conditional Use Permit for a church on property located at 3476
Holland Road, Unit 3458 (GPIN 14867371860000). DISTRICT 3 —
ROSE HALL
The following conditions shall be required:
1. The applicant shall obtain all the necessary permits, inspections,
and approvals from the Fire Department and the Permits and
Inspections Division of the Planning Department before
occupancy of the building. A Certificate of Occupancy for the
use shall be obtained from the Permits and Inspections Division
of the Planning Department.
2. Noise attenuation measures shall be required in accordance with
the November 17, 2005 version of the Virginia Uniform
Statewide Building Code. These measures will be required even
if Permits and Inspections review this use prior to November 17,
2005.
3. Church gatherings shall be limited to Sunday between 2:00 PM
and 5:00 PM, Wednesday from 7: OOPM to 8:00 PM, Thursday
from 7:00 PM to 9:00 PM, Saturday between 7:00 PM and 9:00
PM and the last Friday of each month from 7:00 PM until 9:00
PM.
4. No more than 45 people shall be present at the church during
any gathering.
5. The use shall be administratively reviewed on an annual basis.
This Ordinance shall be effective in accordance with Section 107 () of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of Two Thousand Five
October 25 , 2005
- 45 -
Item V -K.2.
PLANNING ITEM # 54545 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
October 25 , 2005
- 46 -
Item V -K.3.
PLANNING ITEM # 54546
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council MODIFIED
CONDITIONS upon application of RONALD E. MODLINGER, M.D. (Approved August 24, 2004), to
revise the design of the building at 3296 Dam Neck Road
ORDINANCE UPON APPLICATION OF RONALD E. MODLINGER,
M.D. FOR A MODIFICATION OF CONDITIONS FOR AN
APPLICATION APPROVED BY CITY COUNCIL ONAUGUST 24, 2004
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Ronald E. Modlinger, M.D. for a
Modification of Conditions for an application approved by City Council
on August 24, 2004, on property located at 3296 Dam Neck Road (GPIN
14950389940000). The Comprehensive Plan designates this site as
being part of Strategic Growth Area 11 -West Holland Area, suitable for
non-residential uses consistent with the Comprehensive Plan's policies
for this area. The purpose of this modification is to revise the design of
the building. DISTRICT 3 — ROSE HALL
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court and is hereby made a part of the
record.
This Ordinance shall be effective in accordance with Section 107 (9 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of Two Thousand Five
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
October 25 , 2005
In Reply Refer To Our File No. DF -6292
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: October 13, 2005
TO: Leslie L. Lilley,; DEPT: City Attorney
FROM: B. Kay Wilson DEPT: City Attorney
RE: Conditional Zoning Application; Ronald Modlinger
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on October 25, 2005. I have reviewed the subject proffer agreement, dated
July 25, 2005, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ks
Enclosure
cc: Kathleen Hassen
RONALD MODLINGER
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 25th day of July, 2005, by and between Ronald Modlinger,
party of the fist part, and THE CITY OF VIRGINIA BEACH, a municipal cooperation of the
Commonwealth of Virginia, Grantee, party of the second part.
WITNESSETH:
WHEREAS, the party of the first part is the owner of certain parcel of property located in
District 3, Rosa Hall, Virginia, containing approximately 1.95 acres, more or less, which is more
particularly described in Exhibit "A" attached hereto and incorporated herein by this reference.
Said parcel is herein referred to as the "Property", and
WHEREAS, the party of the first part, being the owner of the Property has initiated as
conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition
addressed to the Grantee so as to change the Zoning Classification of the Property from R -5D
Residential District to Conditional 0-1 Office District and Conditional R -5D Residential District,
d
WHEREAS, the Grantee's policy is to provide only for the orderly development of land for
various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
development of various types of used conflict and that in order to permit differing types of used on
and in the area of Property and at the same time to recognize the effects of change that will be
created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the
Property for the protection of the
G -PIN: 14950308994000
G-P1N: 14951400150000
community that are not generally applicable to land similarly zoned are needed to resolve the
situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to
the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map
with respect to the Property, the following reasonable conditions related to the physical
development, operation, and use or the Property to be adopted as a part of said amendment to the
Zoning Map relative and applicable to the Property, which has a reasonable relation to the
rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns,
grantees, and other successors in title or :interest, voluntarily and without any requirement by of
exaction from the Grantee or its governing body and without any element of compulsion or quid
pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes
the following declaration of conditions and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and hereby covenants and agrees that
this declaration shall constitute covenants running with the Property, which shall be binding
upon the Property and upon all parties and persons claiming under or through the Grantor, its
successors, personal, representatives, assigns, grantees, and other successors in interest or title:
1. When the Property is developed, is shall be developed substantially as shown on
the exhibit entitled "Conceptual Site Layout of Ronald Modlinger, prepared by Burkhart Thomas
Reed Architecture Interior Designs, PC, dated 5/28/04.
2. When the Property is developed, the landscaping design shall be developed
substantially as shown on the exhibit entitled "Conceptual Landscape Design of Ronald
Modlinger, prepared by Kathleen Zeren Landscape Design.
3. The architectural design of the office building on the Site Plan will be developed
as depicted on the exhibit entitled Conceptual Building Design, dated 7/1/05 (pages 1 & 2),
which has been exhibited to the Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning.
4. All outdoor lighting shall be shielded, deflected, shaded and focused to direct
I light down onto premises and away from adjoining property.
5. At such time that the parcel to be zoned Conditional R -5D (GPIN 1495-14-0015-
0000) develops, access to such site as well as the parcel to be zoned Conditional 0-1 (GPIN
1495-03-8994-0000) shall be from the existing curb cut associated with the Conditional R -5D
parcel. Futhermore, the existing curb cut to the parcel zoned Conditional 0-1 shall at that time
be removed and a no ingress egress easement shall be platted along the Dam Neck Road
frontage.
6. Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City codes by all cognizant City agencies and
departments to meet all applicable City code requirements.
All references hereinabove to 0-1 Office and R -5D Residential and to the requirements
and regulations applicable thereto refer to Comprehensive Zoning Ordinance and Subdivision
Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this
Agreement by the City Council, which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and accepted by
the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and
effect until a subsequent amendment changes the zoning of the Property and specifically repeals
such conditions. Such conditions shall continue in full force and effect until a subsequent
amendment changes the zoning of the Property and specifically repeals such conditions. Such
conditions shall continue despite a subsequent amendment to the zoning Ordinance even if the
subsequent amendment is part of a comprehensive implementation of a new or substantially
revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of
Virginia Beach, Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by the Grantee in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing
body of the Grantee, after a public hearing before the grantee which was advertised pursuant to
the provision of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as conclusive evidence of such consent,
and if not so recorded, said instrument shall be void.
The Grantor covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and
(b) to bring legal action or suit to insure compliance with such conditions, including mandatory
or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, The Grantor shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may be
made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, indexed in the names of the grantor
and the Grantee.
WITNESS the following signatures and seals:
GRANTOR:
Ronald Modlinger
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
Ronald Modli
The foregoing instrument was acknowledged before me this 'S' -day of July, 2005, by
Ronald Modlinger.
My Commission expires: 3
Notary
ublic
Exhibit "A"
PARCEL TWO:
ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City
of Virginia Beach, Virginia and being designated "Lillie G. Miller to Theodore
Morings, .95 ac," as shown upon that certain plat entitled, "Landtown-Princess
Anne Co., VA." dated June 13, 1962, and made by W.B, Gallup, County
Surveyor, which said plat is duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Deed Book 56, page 41.
PARCEL ONE:
ALL THAT certain lot, piece or parcel of land, with its appurtenances, situate in the City
of Virginia Beach, Virginia, and described as "Theodore Morings" as shown on that
certain plat entitled "Property of Theodore Morings at Landtown-in-Princess AnneCo.,
VA", dated March 10, 1956, made by W.B. Gallup, County Surveyor, and duly recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed
Book 446, page 318, containing two (2) acres, more or less, and fronting two hundred
(200) feet on the western side of Landtown Road.
- 47 -
Item V -K.4.
PLANNING ITEM # 54547
Attorney R. E. Bourdon, represented the applicant
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council ADOPTED Ordinances
upon Applications of S & J, L.L.C. for a Conditional Change of Zoning and Conditional Use Permit:
ORDINANCE UPON APPLICATION OF S &J, L.L.C. FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO
CONDITIONAL B-4 ZO1051233
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of S & J, L.L.C. for a Change of Zoning
District Classification from B-2 Community Business District to
Conditional B-4 Mixed Use District with a Shore Drive Overlay District
on property located at 3762 Shore Drive (GPINs 14893879190000;
14893960430000;14893950710000). The Comprehensive Plan
designates this site as being of the Primary Residential Area -Shore Drive
Corridor, suitable for appropriately located residential and non-
residential uses consistent with the policies of the Comprehensive Plan.
The purpose ofthis rezoning is to develop 18 multi family dwellings with
2,400 square feet of retail. DISTRICT 4 - BAYSIDE
The following condition shall be required:
AND,
1. An agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court and is hereby made a part of the
record.
ORDINANCE UPON APPLICATION OF S & J, L.L.C. FOR A
CONDITIONAL USE PERMIT FC)R MULTI -FAMILY DWELLINGS
RO100534130
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of S & J, L.L.C. for a Conditional Use
Permit for multi family dwellings on property located at 3762 Shore
Drive (GPINs 14893879190000; 14893960430000;14893950710000)
DISTRICT 4 - BAYSIDE
The following condition shall be required:
1. The building elevations must be revised to show a gable end roof
in lieu of the gambrel style roof
October 25 , 2005
- 48 -
Item V -K.4.
PLANNING ITEM # 54547 (Continued)
These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of Two Thousand Five
Voting: 9-1
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Mayor Meyera E. Oberndorf
Council Members Abstaining:
Vice Mayor Louis R. Jones
Council Members Absent:
None
Vice Mayor Louis R. Jones DISCLOSED and ABSTAINED Pursuant to Conflict of Interests Act § 2.2-3115
(E) re discussion and vote on the acquisition of real property located in APZ1 that is under development and
encroaches upon Naval Air Station Oceana. Vice Mayor Jones is a member of the Board of Directors of
Resource Bank and receives more than $10,000 a annually in compensation for serving on the Board.
Resource Bank has extended a line of credit to Bishard Development Corporation and Alexander Homes,
in partnership to develop property. Bishard Development Corporation owns property in APZ1 that is under
development and encroaches upon Naval Air Station Oceana. Vice Mayor Jones wished to disclose this
interest and abstain from discussion and vote on this item. Vice Mayor Jones's letter of October 11, 2005,
is hereby made a part of the record.
October 25 , 2005
In Reply Refer To Our File No. DF -6228
TO: Leslie L. Lilley
FROM: B. Kay Wilson
RE:
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
• DATE: October 13, 2005
DEPT: City Attorney
DEPT: City Attorney
Conditional Zoning Application; S & J, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on October 25, 2005. I have reviewed the subject proffer agreement, dated
May 31, 2005, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ks
Enclosure
cc: Kathleen Hassen
S 86J, L.L.C., a Virginia limited liability company
JOHN B. GRISWOLD, III and DOROTHY R. GRISWOLD, husband and wife
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 31St day of May, 2005, by and between S 85
J, L.L.C., a Virginia limited liability company, Grantor, party of the first part;
JOHN B. GRISWOLD, III and DOROTHY R. GRISWOLD, husband and wife,
parties of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, Grantee, party of the
third part.
WITNESSETH:
WHEREAS, the party of the second part is the owner of three (3) parcels of
property located in the Bayside District of the City of Virginia Beach, containing
approximately ± .78 Acres which are more particularly described as Parcels 1, 2
and 3 in Exhibit "A" attached hereto and incorporated herein by this reference.
Said parcels are herein together referred to as the "Property"; and
WHEREAS, the party of the first part is the contract purchaser of the
parcels described in Exhibit "A" and has initiated a conditional amendment to the
Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the
Grantee so as to change the Zoning Classification of the Property from B-2
Community Business District to B-4 Resort Commercial District (SD); and
GPIN: 1489-38-7919
1489-39-6043
1489-39-5071
PREPARED BY:
SYI [S. $OURDON.
AIIPRN & LEVY, P.0
PREPARED BY:
SYKES. BOURDON.
AHERN & LEVY. P.C.
WHEREAS, the Grantee's, policy is to provide only for the orderly
development of land for various purposes through zoning and other land
development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the
area of the Property and at the same time to recognize the effects of change, and the
need for various types of uses, certain reasonable conditions governing the use of
the Property for the protection of the community that are not generally applicable to
land similarly zoned are needed to cope with the situation to which the Grantor's
rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the B-
4 Zoning District by the existing overall Zoning Ordinance, the following
reasonable conditions related to the physical development, operation, and use of
the Property to be adopted as a part of said amendment to the Zoning Map
relative and applicable to the Property, which has a reasonable relation to the
rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal
representatives, assigns, grantee, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the Grantee or its
governing body and without any element of compulsion or quid pro quo for
zoning, rezoning, site plan, building permit, or subdivision approval, hereby make
the following declaration of conditions and restrictions which shall restrict and
govern the physical development, operation, and use of the Property and hereby
covenants and agrees that this declaration shall constitute covenants running
with the Property, which shall be binding upon the Property and upon all parties
and persons claiming under or through the Grantor, its successors, personal
representatives, assigns, grantee, and other successors in interest or title:
1. When the Property is developed, in order to achieve a coordinated
design and development of this mixed use site in terms of limited vehicular
access, parking, landscape buffering, and building design, the "CONCEPTUAL
2
PREPARED BY:
Q I SYKES. $OURDON,
OM AIPRN & LEVY. P.C.
SITE LAYOUT AND LANDSCAPE PLAN OF VINTAGE QUAY", dated May 30, 2005,
prepared by MSA, P.C., which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning ("Concept
Plan") shall be substantially adhered to.
2. When the Property is developed, vehicular ingress and egress shall
be via one (1) entrance from Stratford Road.
3. The architectural design of the building depicted on the Concept
Plan will be substantially as depicted on the exhibit entitled "VINTAGE QUAY
Bishard Development Retnauer Design Associates", which has been exhibited to
the Virginia Beach City Council and is on file with the Virginia Beach Department
of Planning ("Elevation"). The principal exterior building materials shall be brick
and synthetic cedar shake siding.
4. There will be no more than eighteen (18) residential units and no
less than 2400 square feet of enclosed commercial space not utilized for
residential purposes, within the building depicted on the Concept Plan. The only
commercial uses permitted in the building are:
a. retail shops;
b. florists, gift shops and stationary stores;
c. business studios, office and clinics; and
d. medical and dental offices and clinics.
5. Further conditions may be required by the Grantee during detailed
Site Plan review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantor and allowed
and accepted by the Grantee as part of the amendment to the Zoning Ordinance,
shall continue in full force and effect until a subsequent amendment changes the
zoning of the Property and specifically repeals such conditions. Such conditions
shall continue despite a subsequent amendment to the Zoning Ordinance even if
the subsequent amendment is part of a comprehensive implementation of a new
or substantially revised Zoning Ordinance until specifically repealed. The
conditions, however, may be repealed, amended, or varied by written instrument
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
3
PREPARED BY:
SYK£S. POURDON.
AII£RN & LEVY. P.C.
Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by
the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section
15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as conclusive evidence of
such consent, and if not so recorded, said instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia,
shall be vested with all necessary authority, on behalf of the governing body of
the City of Virginia Beach, Virginia, to administer and enforce the foregoing
conditions and restrictions, including the authority (a) to order, in writing, that
any noncompliance with such conditions be remedied; and (b) to bring legal
action or suit to insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2) The failure to meet all conditions and restrictions shall constitute
cause to deny the issuance of any of the required building or occupancy permits
as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantor shall petition the governing body for
the review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the
ordinances and the conditions may be made readily available and accessible for
public inspection in the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor
and the Grantee.
WITNESS the following signature and seal:
GRANTOR:
S 86J, L.L.C., a Virginia limited liability company
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
tek (SEAL)
Steven Bishard, Managing Member
The foregoing instrument was acknowledged before me this 1St day of June,
2005, by Steven Bishard, Managing Member of S & J, L.L.C., a Virginia limited
liability company.
My Commission Expires: August 31, 2006
SiB
PREPARED BY:
SYICES. POURDON.
MB AHERN & LEVY, P.0
1Votary Public
WITNESS the following signatures and seals:
GRANTOR:
Joh4 B. Griswold, III
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit::
The foregoing instrument was acknowledged before me this (.:) day of
June, 2005, by John B. Griswold, III and Dorothy R. Griswold, husband and wife.
Notary Public
My Commission Expires:
aurval- 3i) o--oos-
PREPARED BY:
317 SYKES. BOURDON.
SIB AHERN & LEVY. P.C.
PREPARED BY:
MB SYK£S. BOURDON,
TYII AHERN & LEVY. P.C.
EXHIBIT "A"
PARCEL 1:
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements
thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being
known, numbered and designated as Lot 7, in Block 33, as shown on that certain
plat entitled "Plat of Ocean Park, Section B", which said plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map
Book 5, at Page 137.
GPIN: 1489-39-7919
PARCEL 2:
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements
thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being
known, numbered and designated as Lot 6, in Block 33, as shown on that certain
plat entitled, "Plat of Ocean Park, Section B", which said plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map
Book 5, at Page 137.
GPIN: 1489-39-6043
PARCEL 3:
ALL THOSE certain lots, pieces or parcels of land, with the buildings and
improvements thereon, lying, situate and being in the City of Virginia Beach,
Virginia, and being known, numbered and designated as Lots 4, 5, 8 and 9, in
Block 33, as shown on that certain plat entitled "Plat of Ocean Park, Section B",
which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, in Map Book 5, at Page 137.
GPIN: 1489-39-5071
CONDITIONALREZONE/S&J/VINTAGEQUAY/PROFFER5
REV.7/29/05
7
Item V -K.5.
PLANNING ITEM # 54548 (Continued)
3. There shall be no parking or displaying of boats for any reason
within the City right-of-way, on any grassed area or beyond the
limits of the designated display area depicted on the plan
entitled, "Planting Plan and Exhibit, Deep Blue Marine Sales &
Service, L.L.C., " prepared by WPL, Landscape Architects,
Surveyors, & Civil Engineers.
4. There shall be no parking or displaying of boats on the asphalt
on the west side of the structure identified as "Showroom, " on
the plan entitled, "Planting Plan and Exhibit, Deep Blue Marine
Sales & Service, L.L.C.," prepared by WPL, Landscape
Architects, Surveyors, & Civil Engineers.
5. A Lighting Plan shall be suomitted to the Development Services
Center for review and approval prior to the approval of the final
site plan.
6. Any freestanding sign shall be monument in style and shall be in
substantial conformance with the sign detail depicted on the plan
entitled, `Planting Plan and Exhibit, Deep Blue Marine Sales &
Service, L.L.C., " prepared by WPL, Landscape Architects,
Surveyors, & Civil Engineers. The existing sign face currently
used at the applicant's existing location of 3304 Shore Drive,
may be utilized for this site provided the sign face meets all
applicable Zoning Ordinance requirements. The sign height shall
be limited to six (6) feet.
7. The hours and days of operation shall be limited to 9:00 am to
5: 00 pm, Monday through Saturday. The showroom may be open
Monday through Saturday, 9:00 a.m. to 6:00 p.m.
8. All boat and engine service and repair work shall be performed
indoors.
9. Outdoor storage of inoperable boats, engines or repair parts
shall not be permitted.
10. The sidewalk shall be extended to the eastern property line
fronting on Shore Drive.
11.
:pp, oval, n IITSC '
, In -order to minimize noise
eminating from the buildings, the applicant will be required to
insulate the sides and rear walls of the buildings facing
residential properties.
October 25 , 2005
- 51 -
Item V -K.5.
PLANNING ITEM # 54548 (Continued)
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of Two Thousand Five
Voting: 10-1
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Mayor Meyera E. Oberndorf
Council Members Absent:
None
October 25 , 2005
- 2 -
Item V -L.1.
APPOINTMENTS ITEM # 54549
BY CONSENSUS, City Council RESCHEDULED:
BEACHES AND WATERWAYS COMMISSION
GOVERNANCE COMMITTEE FOR HISTORIC SITES
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
WETLANDS BOARD (Alternates)
October 25 , 2005
- 53 -
Item V -O.
ADJOURNMENT ITEM # 54550
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:24 P.M.
Beverly O. Hooks, CMC
Chief Deputy City Clerk
'uth Hodges Smith, MMC Meyera E. Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia
October 25 , 2005