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HomeMy WebLinkAboutDECEMBER 13, 2005 AGENDA , CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MA YOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -Di"trict 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LIUEY CiTY CLERK - RUTH HODGES SMITH, MMC 13 December 2005 I. CITY COUNCIL BRIEFING - Conference Room - 1:00PM A. MINORITY BUSINESS COUNCIL ANNUAL REPORT Louisa Strayhorn, Chair II. CITY MANAGER'S BRIEFING A. PUBLIC SAFETY COMPENSATION PLAN Susan Walston, Chief of Staff III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS v. INFORMAL SESSION - Conference Room - 3:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL c. RECESS TO CLOSED SESSION CITY HALL BUILDING 240i COURTHOUSE DRiVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E- MAlL: Ctycncl@vbgov.com VI. 6:00 PM FORMAL SESSION J. K. - Council Chamber - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCA TION: Reverend Ervin M. Scott Pastor, The First Lynnhaven Baptist Church c. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCil.., E. CERTIFICA TION OF CLOSED SESSION F. MINUTES 1. JNFORMAL and FORMAL SESSIONS December 6, 2005 G. AGENDA FOR FORMAL SESSION H. CITIZEN BRAC COMMITTEE REPORT Phillip Shucet, Chair I. PUBLIC COMMENT 1. BRAC/JLUS Elements CONSENT AGENDA ORDINANCES 1. Ordinances to AMEND the City Code: a. AMEND § § 2-121, 2-122 and 1-123 re the Deferred Compensation Plan and Board Membership (deferred on November 22,2005) b. Deferred Compensation Investment Policy (deferred on November 22,2005) c. AMEND Chapter 21 re traffic regulations; REPEAL the entirety thereof, incorporate certain provisions of Title 46.2, Code of Virginia; and, REORDAIN certain other provisions. L. 2. 3. 4. PLANNIN G 1. Ordinance to AUTHORIZE the assignment of the Agreement of Purchase and Sale for and the acquisition of real property in the amount of $5,000,000 from OBFP, Inc., re the Virginia Aquarium's Animal Care Annex. Ordinances to AUTHORIZE temporary encroachments into the City's rights-of-way: a. MARY K. and MICHAEL L. SIZEMORE at 2401 Whaler Court re replacement of a fence (deferred on August 9, 2005) (DISTRICT 5 - L YNNHA VEN) b. SANDRA CHALMERS MCLAUGHLIN at 109 82nd Street re maintenance of a fence (DISTRICT 5 - L YNNHA VEN) c. MICHAEL T. and JENNIFER LYNCH at the rear of 2345 Bayville Road on Lake Joyce re construction of two piers, existing dock and riprap. (DISTRICT 5 - L YNNHA VEN) Ordinances to ACCEPT and APPROPRIATE: a. $1,0 I 0,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2005-2006 Operating Budget re a deployment related to Hurricane Wilma. b. $100,000 from the U.S. Department of Homeland Security (DHS) - Buffer Zone Protection Program, to the Police Department's FY 2005-2006 Operating Budget re equipment to effectively combat terrorism. c. $167,482 to the FY 2005-2006 Operating Budget of the Tourism Advertising Program Fund (TAP) for marketing related activities. Application of OCEANA DEVELOPMENT, L.L.C. for a Change of Zoning District Classification from R-I0 to Conditional 1-1 re a light industrial park for office/warehouse uses, (DISTRICT 6 - BEACH) RECOMMENDATION: 2. APPROV AL Application of VIRGINIA SEAGULL TRAVEL BUS, INC. for a Conditional Use Permit re bus terminal at 313 and 329 Kellam Road, (DISTRICT 4 - BA YSIDE) RECOMMENDATION: 3. APPRO V AL Application of OMNIPOINT COMMUNICATIONS dba T -MOBILE for a Modification of their PDH Plan re a communications tower at 3097 Magic Hollow Boulevard. (DISTRICT 6 - BEACH) RECOMMENDATION: APPROV AL M. APPO INTMENTS BEACHES and W ATERW A YS COMMISSION GOVERNANCE COMMITTEE FOR HISTORIC SITES HISTORICAL REVIEW BOARD JNVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA PERSONNEL BOARD (Alternates) RESORT ADVISORY COMMISSION (RAC) SHORE DRIVE ADVISORY COMMITTEE VIRGJNIA BEACH COMMUNITY DEVELOPMENT CORPORAITON (VBCDC) N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** Agenda 12/13/2005gw www.vbgov.com I. CITY COUNCIL BRIEFING - Conference Room - 2:00PM A. MJNORITY BUSJNESS COUNCil.., ANNUAL REPORT Louisa Strayhorn, Chair ll. CITY MANAGER'S BRIEFING A. PUBLIC SAFETY COMPENSATION PLAN Susan Walston, Chief of Staff III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS v. INFORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL c. RECESS TO CLOSED SESSION - Conference Room - 4:00 PM iRtsnlutinu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affinnative vote recorded here and in accordance with the provisions of The Virginia Freedom oflnfonnation Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in confonnity 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. - Council Chamber - 6:00PM VI. FORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCA TION: Reverend Ervin M. Scott Pastor, The First Lynnhaven Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCil.., E. CERTIFICA TION OF CLOSED SESSION F. MINUTES 1. JNFORMAL and FORMAL SESSIONS December 6, 2005 G. AGENDA FOR FORMAL SESSION H. CITIZEN BRAC COMMITTEE REPORT Phillip Shucet, Chair I. PUBLIC COMMENT 1. BRAC/JLUS Elements J. K. CONSENT AGENDA ORDINANCES 1. Ordinances to AMEND the City Code: a. AMEND § § 2-121, 2-122 and 1-123 re the Deferred Compensation Plan and Board Membership (deferred on November 22,2005) b. Deferred Compensation Investment Policy (deferred on November 22,2005) c. AMEND Chapter 21 re traffic regulations by REPEALING the entirety thereof, incorporating certain provisions of Title 46.2, Code of Virginia, and REORDAINING certain other provisions. 2. Ordinance to AUTHORIZE the assignment of the Agreement of Purchase and Sale for and the acquisition of real property in the amount of $5,000,000 from OBFP, Inc., re the Virginia Aquarium's Animal Care Annex. 3. Ordinances to AUTHORIZE temporary encroachments into the City's rights-of-way: a. MARY K. and MICHAEL L. SIZEMORE at 2401 Whaler Court re replacement of a fence (deferred on August 9,2005) (DISTRICT 5 - L YNNHA VEN) b. SANDRA CHALMERS MCLAUGHLIN at 109 82nd Street re maintenance of a fence (DISTRICT 5 - L YNNHA VEN) c. MICHAEL T. and JENNIFER LYNCH at the rear of2345 Bayville Road on Lake Joyce re construction of two piers, existing dock and riprap. (DISTRICT 5 - L YNNHA VEN) 4. Ordinances to ACCEPT and APPROPRIATE: a. $1,010,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2005 - 2006 Operating Budget re a deployment related to Hurricane Wilma. b. $100,000 from the u.S. Department of Homeland Security (DHS) - Buffer Zone Protection Program, to the Police Department's FY 2005-2006 Operating Budget re equipment to effectively combat terrorism. c. $167,482 to the FY 2005-2006 Operating Budget of the Tourism Advertising Program Fund (TAP) for marketing related activities. - 15 - AGENDA RE VIE W SESSION 3:23 P.M. ITEM # 54619 1.3. Ordinances to AMEND City Code: a. §§ 7-1, 7-65, 7-66, 7-67 and 7-68 re regulation of golf carts and utility vehicles b. § 6-114 re restrictions launching, landing, parking or stationing recreational vessels in certain areas c Deferred Compensation Plan (i.) AMEND §§ 2-121, 2-122 and 1-123 re the Deferred Compensation Plan and Board Membership (ii) Resolution to provide a Deferred Compensation Investment Policy Councilman Wood referenced Item 1.3.a be DEFERRED INDEFINITELY, as per request of Councilman Reeve. The City Attorney requested all Council Members contact him relative their concerns of this Code Amendment, as he might be able to address their concerns prior to the item being scheduled for a City Council Session. Council Lady McClanan requested Item 1.3.c. (i) (ii) be DEFERRED INDEFINITELY, as she wished to discuss with City Council members the method of appointing additional members to the Deferred Compensation Board. ITEM # 54620 1.6. Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. Rouse Drive by ROUSE l, LLC to install and maintain PVC conduit for telephone and computer lines b. Diamond Springs Road by R. M. CLARKE, L.L. C. to install and maintain conduit for network cables Jim Lawson, Real Estate, advised the telephone and computer lines would be placed underground. ITEM # 54621 BY CONSENSUS, the following shall compose the CONSENT AGENDA: RESOL UTIONS/ORDINANCES 1.1, Resolution PROVIDING for the issuance and sale of General Obligation Public Improvement Bonds, heretofore authorized, in the maximum amount of $80,000,000 for various public facilities and general improvements. November 22, 2005 r ~'" '(~Jt.I..' ."- "";~ g/ 't. . -. \'i) (ëi{, .>, C.",-:r.- ;;j "", . f,; ~~"'00y<"~.tf5' \.~,:.:r '" '-. CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance to Amend the City Code Regarding the Deferred Compensation Plan and Board Membership and a Resolution to Adopt a Deferred Compensation Investment Policy MEETING DATE: December 13, 2005 . Background: The City Council established a Deferred Compensation Plan (the "Plan") for City employees in 1981. The plan originally included three (3) funds from which employees could choose to place contributions from their salaries. The record keeper at that time was Stanley Clarke & Associates. Since 1999, the record keeper has been Great West Retirement Services. The Plan has been modified to include the Sheriffs employees as well as School employees. The aggregate of the City, Sheriff, and School plans currently totals $113 million in assets and includes 17 fund choices. The Plan assets are held in trust in accordance with federal law. The City Code establishes a Deferred Compensation Board (the "Board") to supervise, administer, and implement the Plan. This matter was deferred by City Council on November 22, 2005. . Considerations: In accordance with current fiduciary responsibilities and practices, the Board has adopted a formal Investment Policy for the Plan currently offered to the City, Sheriff, and School employees. The Investment Policy adopted by the Board and recommended for adoption by City Council establishes performance standards based on financial composites and ratings, expands investment options to include major asset classes, and establishes a Fund Complex Corporate Rating, In addition, the Investment Policy empowers the Board to review and amend the Investment Policy when recommended by the record keeper or in accordance with state and federal laws. The City Council is currently required to approve all changes to the Plan as well as confirm City Manager appointments to the Board. The proposed revisions to the City Code require the City Council to adopt an Investment Policy and authorize the Board to make plan changes in accordance with state and federal law as well as the Investment Policy. In addition, the proposed ordinance appoints the Finance Director, Human Resources Director, Payroll Administrator, and Employee Relations Manager to the Deferred Compensation Board, and enables the City Manager to appoint up to three additional members. The proposed Investment Policy is attached. . Public Information: Provided as part of the normal City Council agenda process. . Alternatives: Make no City Code changes, but instead bring every plan adjustment to City Council as well as confirmation of each member of the Board whenever changes are made. . Recommendations: Adopt the attached Ordinance and Resolution. . Attachments: Ordinance, Resolution and Investment Policy Recommended Action: Approval of Ordinance Submitting DepartmentlAgency: Finance City Manage~\ \~ . ð-ß ~ 1 2 3 AN ORDINANCE TO AMEND THE CITY CODE REGARDING THE DEFERRED COMPENSATION PLAN AND BOARD MEMBERSHIP 4 SECTIONS AMENDED: §§ 2-121, 2-122, AND 2-123. 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 That Sections 2-121, 2-122, and 2-123 of the City Code are 8 hereby amended and reordained, to read as follows: 9 2-121. Plan Established. 10 Pursuant to the Government Employees Deferred Compensation 11 Act, section 51-111.67:14 et seq. of the Code of Virginia, 1950, as 12 amended, the city hereby adopts and establishes a plan of deferred 13 compensation for its employees dated the twenty-third day of March, 14 1981. The purpose of the plan shall be to provide for the deferral 15 compensation to the participants. The plan shall exist in of 16 addition to all other retirement, pension or other benefit systems 17 available participants, supersede, make and shall the not to 18 inoperative benefits other provided by reduce any or any 19 retirement, pension or benefit program established by law. 20 of the city is hereby the employer, behalf On manager 21 authorized and directed to execute and deliver the plan to the plan 22 administrator. The plan shall contain such terms and amendments as 23 the city council may from time to time approve. The City Council 24 shall adopt a deferred compensation investment policy. The City 25 Council shall review the investment policy no less than every two 1 26 years. 27 2-122. Board-Established. 28 There is hereby created deferred compensation board, a 29 consisting of city employees, to be ~ppointed by the city ffi~n~ger 30 ~nd to be confirmed by the city council ~nd to oervTe ~t their 31 ple~oure. City The Council hereby appoints the Director of 32 Finance, the Director of Human Resources, the Employee Relations 33 and the Payroll Administrator to the board. Manager, The City 34 Manager may appoint up to three (3) additional board members from 35 the deferred compensation plan participants. The board members 36 appointed by the City Manager shall serve terms of three years from 37 the date of appointment. Notwithstanding the previous sentence, all 38 members of the deferred compensation board shall serve at the 39 pleasure of the City Council. The terms of the members of the 40 deferred compensation board shall be limited by not the 41 restrictions of City Code § 2-3. 42 2-123. Same- Powers. 43 The deferred compensation board is hereby granted the power to 44 do all things by of supervision, administration and way 45 implementation of a plan of deferred compensation, including but 46 not limited to the power to contract with private corporations or 47 institutions for service in connection therewith; however, nothing 48 contained in this section shall be construed to authorize the 49 deferred compensation board to act beyond the limits of the plan. 2 50 The deferred compensation administer board shall the 51 investment policy in accordance with the terms of the investment 52 policy and prudent fiduciary standards. The deferred compensation 53 board shall have the authority to add and delete funds from the 54 investment policy in accordance with the investment policy adopted 55 by City Council. 56 COMMENT 57 58 59 60 61 62 63 64 The ordinance provides that the City Council will adopt a deferred compensation investment policy and will review the policy at least every two years. The ordinance also provides for the appointment of four deferred compensation board members by title rather than by name and grants the City Manager the authority to appoint up to three (3) additional board members. The ordinance clarifies that members of this board are not subject to the term limits established by City Code § 2-3. Finally, the ordinance requires the deferred compensation board to administer the investment policy and gives the board the authority to add and delete funds in accordance with the investment policy adopted by City Council. 65 Adopted by the City Council of the City of Virginia Beach, 66 Virginia, on this day of , 2005. APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: Gi&lMW& [~fJJJJ k " Department of Finance lamù (I :!f^. Cíty Attorne 's Õffice CA-9799 H:\PA\GG\OrdRes\Proposed\Deferred Comp ORD R-2 November 10, 2005 3 1 2 A RESOLUTION APPROVING A DEFERREED COMPENSATION INVESTMENT POLICY 3 WHEREAS, the City of Virginia Beach established a plan of 4 deferred compensation for its employees on March 23, 1981; and 5 the purpose WHEREAS, of the plan is to provide for the 6 deferral of compensation to the participants of the plan; and 7 in the City's WHEREAS, assets deferred compensation plan 8 total $113 million; and 9 WHEREAS, it is important that these assets be invested in 10 accordance with fiduciary responsibilities current and 11 practices; and 12 the deferred WHEREAS, compensation board has recommended 13 the adoption of formal Policy which Investment establishes a 14 performance standards based on financial composites and ratings, 15 expands investment options to include maj or asset classes, and 16 establishes a Fund Complex Corporate Rating. 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 That the accompanying City Virginia of Beach Deferred 20 Compensation Plan Investment Policy Statement is hereby adopted. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia on the day of November, 2005. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~iÍ1~ULÚQj~ Department of Finance " )d)~ ¿ (JifVA City Attorney's Offlce CA9799 H:\PA\GG\OrdRes\Oeferred Camp RES R-2 November 10, 2005 CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN INVESTMENT POLICY STATEMENT PURPOSE: This Investment Policy Statement ("Policy Statement") sets forth the goals and objectives of the investment options available under the City of Virginia Beach Deferred Compensation Plan (the "Plan"). The purpose of this Policy Statement is to guide the Plan Board of Directors (the "Board") in effectively supervising, monitoring, and managing the investment options available under the Plan. This Policy Statement is designed to allow for sufficient flexibility in the management oversight process, while also setting forth reasonable parameters to promote the exercise of reasonable prudence and care with respect to the investment options available under the Plan. This Policy Statement provides a framework for the selection of investment options, a procedure for the ongoing evaluation of the investment options available under the Plan, and guidelines for terminating and replacing any available investment option(s). BACKGROUND: The Plan was established by City of Virginia Beach code Ord. No. 1156, §§ 1--3, adopted March 23, 1981, Division 2.5, §§ 2-121--2-123,* and is administered by the Board and is intended to qualify as a Section 457 defined contribution plan. The Plan is intended to provide eligible employees with a means to save monies on a tax-advantaged basis in order to assist the employee in reaching his/her retirement goals. The Plan allows each eligible employee to direct how contributions made to his or her Plan account are invested among a diverse menu of investment options selected by the Board. The Board shall choose which investment options shall be available under the Plan and shall monitor the investment options' compliance with this Policy Statement. The Board and the Recordkeeper do not provide investment advice to any participant or assist any participant in deciding how to allocate contributions to the participants' plan accounts. No fiduciary shall be responsible for any financial loss that may be incurred by any participant because of the participant's investment direction or because of any action taken in accordance with the participant's investment direction. INVESTMENT OPTION SELECTION: The Board recognizes that there is investment risk inherent in all investment options. Furthermore, the Board recognizes that individual participants each have their own level of risk tolerance. The Board shall, therefore, select a broad array of investment options providing different levels of risk and historical return. To this end, the Board shall select investment options based upon the following criteria: *Now found under Va. Code § 51.1-600 et seq. City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05 Original adoption: June 2, 1999 Revision: October 31, 2005 CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN INVESTMENT POLICY STATEMENT 1. Selected investment options shall represent the major asset classes. For purposes of this Policy Statement, the following major asset classes will be used, at a minimum, as defined by Morningstar@ (an independent fund evaluation company): a. International: Foreign Stock; b. u.S. Small-Cap Equity; c. u.S. Mid-Cap Equity; d. u.S. Large-Cap Equity (active and passive management); e. Balanced! Asset allocation funds; and f. Fixed Income/Stable Value. g. Bond mutual fund - government or corporate, domestic or international, active or passive management. 2. From funds in the domestic equity asset classes identified above in 1 (b), 1 (c) and 1 (d), the Board will attempt to choose investment options with contrasting stock selection styles. The Board will attempt to choose investment options that tend to purchase both "value" stocks (stocks that are purchased because the fund manager believes the stock is under valued) and!or "growth" stocks (stocks of companies who have shown accelerated earnings). 3. The Board shall select investment options based upon administrative, pricing, historical performance, management style, and other mutually agreeable criteria in cooperation with the Plan's recordkeeper. 4. The expense ratio of the investment options must be competitive with other investment options with similar objectives as measured by the applicable Morningstar@ Category average and one other rating agency. The Board will consider higher expense ratios, however, for funds that have proven to outperform other funds (net of fees) with similar objectives on a long-term basis. 5. Wherever practicable, the Board will choose investment options that are offered by companies that have a reputation as being among the industry's leaders. 6. The selected investment options shall have at least three years of investment history. Furthermore, the Board will attempt to choose investment options where the investment manager exhibits style (i.e. growth, or value, large cap or small cap) consistency over at least a three-year period. Lastly, the specific fund manager shall have managed the fund for at least two years. In accordance with the above criteria, the Board shall choose investment options that have consistently outperformed their peer groups on both a total return and risk-adjusted basis. City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05 Original adoption: June 2, 1999 Revision: October 31, 2005 2 CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN INVESTMENT POLICY STATEMENT INVESTMENT OPTION PERFORMANCE STANDARDS: The Board shall review each of the selected investment options at least annually to evaluate the investment option's performance. The Board may utilize a consultant and/or recordkeeper to assist in the evaluation process. The investment option review shall be objective, fair and shall incorporate statistical analysis provided by an independent third party. The Board shall utilize the following performance benchmarks: 1. Actively Managed Funds: Each Fund shall be benchmarked against its respective peer group as determined by the Morningstar@ Category. The Morningstar@ Category identifies funds based on their actual investment styles as measured by the underlying portfolio holdings over the trailing 36-month period. . Return Composite: The Return Composite measures the fund's performance relative to its peer group on a net-of-fee basis. It is calculated by taking the equally weighted average of the 3, 5 and 10 year return percentiles. . Sharpe Composite: The Sharpe Composite measures the fund's risk-adjusted performance relative to its peer group. It is calculated by taking the equally weighted average of the 3 and 5 year Sharpe percentiles. . Overall Composite: The average of the Return Composite and the Sharpe Composite determines the Overall Composite where an Overall Composite above the 66.67% percentile is considered above benchmark. . Morningstar@ Ratings: The Morningstar@ Rating is a quantitative measure of risk- adjusted returns. This rating shows how well a fund has balanced risk and return relative to other funds in the same Morningstar@ Category. The Momingstar@ Rating is calculated over a 3, 5 and 10 year time period on a 1 through 5 scale. A 3, 4 or 5 rating is considered above benchmark, while a 1 or 2 rating is considered "Below Benchmark." . Overall Rating: The below matrix combines the Overall Composite with the Morningstar@ Rating to determine if a fund is Above Benchmark, Neutral or Below Benchmark for the most recent quarter-end time period. Overall Composite Morningstar@ Overall Rating Rating > 66.67% AND 3, 4 or 5 Above Benchmark >= 50.0% AND 3, 4 or 5 Neutral Rating < 50.0% OR lor 2 Below Benchmark City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05 Original adoption: June 2, 1999 Revision: October 31, 2005 3 CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN INVESTMENT POLICY STATEMENT . Long- Term Rolling Analysis To assess the long-term consistency of fund performance, the previous 12 quarters are examined based on the accumulated Overall Ratings: Consecutive Quarters Quarters Below out of Long-Term Rolling Below Benchmark trailinf! 12 AnaIvsis < 4 Quarters AND <7 Pass >= 4 Quarters OR >= 7 Quarters Fail 2. Passively Managed Variable Funds (Index Funds): The Index Fund will track its respective index within a 25 basis point range, gross-of-fees, as measured on an annual basis. This tracking-error range shall be adjusted upward for International and Extended US Market Index funds. 3. Fixed Income Fund (Stable Value Fund): The Fixed Income Fund shall continue to provide participants with book value accounting and allow participants to make transfers without restriction. The Fixed Income Fund's issuer shall be rated among the top three ratings of at least two ofthe rating services (S&P, Moody's, Duff & Phelps, Best's). The Board recognizes that Investment Manager's performance can move in cycles over time and that investment option performance will not always be superior. As such, the Board will generally monitor selected investment option performance on a periodic basis, but not less frequently than annually. The Board will give fund managers sufficient time to remedy any underperformance before the investment option is deleted from the available investment option array available under the Plan. While the primary analysis of the investment option will be quantitative, the Board reserves the right to make decisions regarding the investment option based upon other criteria that it believes will be in the best interest of the Plan and the participants. Within the guidelines set forth above, the Board will evaluate investment options with the assistance of the consultant or Recordkeeper. Investment options that do not perform at or above their respective benchmark will be subject to the Plans' policies regarding underperforming investment options. UNDERPERFORMING INVESTMENT OPTIONS: The Board shall take the following steps in the event that an investment option is rated "Below Benchmark" for the current quarter or that "Fail" the Long-Term Rating criterion: City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05 Original adoption: June 2, 1999 Revision: October 31, 2005 4 CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN INVESTMENT POLICY STATEMENT 1. If the Board determines that an investment option is rated Below Benchmark for the current quarter, then the investment option shall be placed on a "watch list." While an investment option is on "watch," no action will be taken to terminate and replace the investment option. The fund manager will be infonned, and additional information will be gathered as to why the investment option is under performing. The Board may invite the fund manager to meet and explain the investment option's performance. 2. Should an investment option that was on the "watch list" subsequently exceed its benchmarks, it will be taken off the "watch list" and the investment option will again be in "good standing." If the investment option's performance continues "Below Benchmark" for four consecutive quarters or seven out of the trailing twelve, then the investment option has "Failed" the Long-Term Rating. The Board may notify participants of the failure and the investment option that failed its benchmarks may be closed to new contributions. Additionally, the Board may choose to select a new investment option in the same asset class. The Board, in its discretion, may also choose to terminate the investment option that failed its benchmarks and transfer its assets or designate an existing or new investment option to receive the assets from the investment option that failed its benchmarks. To the extent practical, these investment option deletions will only occur once per calendar year. OTHER CONSIDERATIONS: The Board, in its discretion, may conduct informal reviews and evaluations of an investment option at any time. The Board may place an investment option under formal review, or immediately terminate an investment option for any reason, including, but not limited to, the following: I. The investment option has changed managers, or such a change appears imminent; 2. The investment option has had a significant change in ownership or control; 3. The investment option has changed its investment mandate or has experienced style drift, departing from the investment objectives or parameters in its prospectus; 4. The investment option has experienced substantial portfolio turnover; 5. The investment option has violated a SEC rule or regulation; 6. The investment option has experienced difficulty in transacting trades, fund transfers, or pricing; 7. The investment option has experienced other changes or problems in its procedures, operations, investing, reporting, or lack of employee participation, which in the Board's view, has or could detract from the objectives of the Plan; or 8. Any other circumstance regarding the investment option that the Board determines is in conflict with this Policy Statement. 9. Recognizing that retaining a fund or fund complex that has been involved in a scandal process may be detrimental to the marketing of the Plan to participants City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05 Original adoption: June 2, 1999 Revision: October 31, 2005 5 CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN INVESTMENT POLICY STATEMENT this criteria allows the Board to delete funds or entire fund complexes depending on their involvement in a scandal or regulatory violation. The Board shall establish a rating for each mutual fund complex offered in the Plan to be called the Fund Complex Corporate Rating. Levels Red, Yellow, and Green will be determined. These ratings will be incorporated in the Fund Performance Report. The Fund Complex Corporate Ratings will be determined periodically. i. Red Fund Complex Corporate Rating - A fund complex or any of its respective funds may be placed on the Red Fund Complex Corporate Rating and may be terminated or disqualified from participating in the Plan if that fund complex is determined by a court or appropriate regulatory agency or the fund complex admits to having allowed regulatory violations or corporate infractions in its funds by its employees (officers or portfolio managers) of the complex. The occurrence of such activity indicates a lack of supervision or control at the fund complex level. In such event, depending on the severity of the violation or infraction, the Board may determine the fund(s) shall be terminated even if such activity was not found to have occurred in a fund used by the Plan but elsewhere in the fund complex. If the decision is to terminate the fund or the fund complex for this issue, the Board will use its best efforts to continue to monitor the fund or fund complex, which may include meetings with the fund complex. Because of the ongoing monitoring, the Board may determine at any time in the future that the fund complex has addressed the abuses and may remove the fund complex from the Red Rating making the fund complex eligible for consideration for inclusion in the Plan. If removed from the Red Rating the fund complex shall be re-rated. ii. Yellow Fund Complex Corporate Rating - A fund or fund complex will be put on the Yellow Fund Complex Corporate Rating watch list if the fund complex is charged by a court or appropriate regulatory agency or admits to regulatory violations or corporate infractions in its funds. While a fund is on the watch list, no action shall be taken to terminate or replace the fund. The Board, however, will use its best efforts to periodically monitor the fund or fund complex to determine its appropriateness for inclusion in the Plan. Such monitoring may include meetings with the fund complex to determine if the fund should continue on the watch list as a Yellow Rating or should be re-rated. iii. Green Fund Complex Corporate Rating - A fund or fund complex that has not been implicated in any regulatory violations of infractions nor has admitted to committing such activities. City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05 Original adoption: June 2, 1999 Revision: October 31,2005 6 CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN INVESTMENT POLICY STATEMENT Definitions . Balanced Fund -- A fund that invests its assets in a combination of asset classes including money market, bonds, preferred stock, and common stock with the intention to provide both growth and income. Also known as an asset allocation fund. Bond -- A debt investment with which the investor loans money to an entity (company or government) that borrows the funds for a defined period oftime at a specified interest rate. . . Equity - Stock or other security representing an ownership interest. . Fixed Income Security -- An investment that provides a return in the form of fixed periodic payments and eventual return of principle at maturity. . Fund -- A security such as a closed or open end registered investment company (i.e., a mutual fund) or other commingled or pooled funds consisting of a portfolio of assets, including Equities, Bonds or other securities in which each holder participates in the gain or loss of the entire portfolio. . Growth Stock - Stock in a company whose earnings are expected to grow at an above average rate relative to the market. International Fund - A Fund that can invest in the Stock bonds or other securities of companies located anywhere outside the u.S. . Lan!e-Cap Stock - Stock issued by companies with a market capitalization over $5 billion. . . Mid-Cap Stock -- Stock issued by companies with a market capitalization of between $1 billion and $5 billion. . Record Keeper Third Party Administrator providing primary services of: 1. Trustee/Custodial Services - Take custody of all plan assets, maintain complete trust accounting records, and provide monthly trust reconciliation statements. 2. Investment Funds SelectionlRetention - Provide advice and counseling to City Department of Finance and Plan Investment Committee on performance reviews of existing funds, recommendations on design of menu of funds, and advice and information on initial selection, retention or replacement of existing funds, and periodic (i.e., quarterly) ongoing monitoring of Plan funds against array of industry benchmarks and performance targets. City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05 Original adoption: June 2, 1999 Revision: October 31,2005 7 CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN INVESTMENT POLICY STATEMENT 3. Participant Services - Provide adequate administrative support to provide plan information on an individual and group basis. 4. Administrative Services - Provide the City with quarterly consolidated account statements; investment performance summaries; assistance with negotiating reduction or elimination of certain fund expenses; and notification, updates, interpretation, and research of Section 457 plan issues. Management systems necessary for the administration of the Plan and accurate financial accounting shall be maintained. Meetings with the City as required to review the Plan's status, resolve problems, and discuss relevant issues. 5. Education Services - At various locations, provide educational seminars on a variety of investment and financial planning topics. Produce and distribute newsletters, with materials suited for a broad spectrum of investment expertise. 6. Hardship Services - Provide explanation and information to participants requesting application for a hardship withdrawal; begin immediate research of each received request; obtain supporting documentation; and prepare a written recommendation to the City for either denying or approving the request. . Small Cap Stock -- Stock issued by companies with a market capitalization less than $1 billion. . Stable Value Fund -- A Fund that invests in bonds and other fixed income securities with a goal of protecting the stability of the principal. . Value Stock - A stock in a company that tends to trade at a lower price relative to its fundamentals (i.e., dividend, earnings, sales, etc) and thus is considered undervalued. Common characteristics of such stocks include high dividend yield, low price-to-book ratio and low price-to-eamings ratio. POLICY STATEMENT: This Policy Statement has been formulated by the Board based on consideration of a wide range of policies, and describes the prudent investment process that the Board deems most appropriate for the Plan. The Board shall review this Policy Statement at least annually. The Board may amend this Policy Statement, as it deems advisable ftom time to time. City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05 Original adoption: June 2, 1999 Revision: October 31,2005 8 CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN INVESTMENT POLICY STATEMENT AGREEMENT: This Policy Statement was adopted by the Board on October 31,2005, supersedes any previously negotiated Investment Policy Statements, and shall remain in force until amended or revoked. Signed ~fa i V (; ( [JÇjU ~ ([J(ltd^tIL 3 (:).oðJ- / Board Chairperson Date City of Virginia Beach Deferred Compensation Plan Investment Policy 10/05 Original adoption: June 2, I999 Revision: October 31, 2005 9 ~ ""., . .,,1 "1;:';.~vc;.¡r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Chapter 21 of the City Code Pertaining to Traffic Regulations by Repealing the Entirety Thereof, Incorporating Certain Provisions of Title 46.2 of the Code of Virginia, and Reordaining Certain Other Provisions MEETING DATE: December 13, 2005 . Background: Each year City Council must amend Chapter 21 of the City Code ("Motor Vehicle and Traffic Code") to reflect changes made to the Code of Virginia by the General Assembly. Every day Virginia Beach's court clerks must make mandatory reports to the Supreme Court regarding the types of violations tried that day. Because the Supreme Court can only accept the report utilizing references to the Code of Virginia, the Clerks must convert all the City Code provisions contained on summonses and warrants to the corresponding Code of Virginia provisions. Code of Virginia § 46.2- 1313 allows the City to incorporate the state traffic code provisions by reference. . Considerations: Incorporating the state traffic code into the City Code by reference will negate the need for Council to amend Chapter 21 of the City Code each July 1 st when all the new and amended Code of Virginia provisions passed by the General Assembly go into effect. Incorporation not only adopts all current state traffic codes as the City's own, but it also provides for the automatic adoption of all future traffic code amendments and additions. Additionally, incorporating the state traffic code by reference will streamline the court clerks' required daily reporting to the Virginia Supreme Court. The City will continue to receive all fines collected by the courts in cases in which a City law enforcement officer issued the summons or requested the warrant. The only provision of Chapter 21 that is being entirely eliminated from the City Code is current City Code § 21-361 ("It shall be unlawful and a Class 1 misdemeanor for any person to stand any wagon or other vehicle on the track of any railroad which will hinder or endanger a moving train."). Because the City no longer has active railroads, this section is no longer necessary. In order to allow the Police Department time to incorporate these changes into its computer software systems and its officer training materials and courses, the effective date of this ordinance will be March 1, 2006. . Public Information: This ordinance will be advertised in the same manner as other Council agenda items. . Recommendations: Approval of ordinance. . Attachments: Ordinance and letter from the Court. Recommended Action: Approval Submitting Department/Agency: City Attorney's Office fZ~ City Manager~ \t- ,'43~ CHAPTER 16 Housing and Building Maintenance Code Article VII: Storage of Vehicles Old Section# 21-377 21-378 New Chapter Location 16-40 16-41 CHAPTER 21 Motor Vehicle and Traffic Code Article I: Incorporation of Title 46.2 of the Virginia Code; Local Authority Old Section# n/a 21-1 21-12 21-3 New Section# 21-1 21-2 21-3 21-4 21-5 - 21-199. Reserved Article II: Vehicle Operation Division 1. Generally Old Section# 21-256 21-259 New Section# 21-200 21-201 21-202 - 21-219. Reserved Division 2. Traffic Signs, Signals and Markings Old Section# 21-297 21-456 New Section# 21-220 21-221 21-222 - 21-229. Reserved Division 3. Speeding Old Section# 21-321.2 New Section# 21-230 21-231 -- 21-239. Reserved Division 4. Driving While Under Influence of Alcohol and/or Drugs Old Section# 21-344 New Section# 21-240 21-241 - 21-249. Reserved Division 5. Operation of Motorcycles, Minibikes, etc. Old Section# 21-441 a,c,d,e 21-444 21-32 21-33 New Section# 21-250 21-251 21-252 21-253 21-254 - 21-299. Reserved Article III: Stopping, Standing and Parking Division 1. Generally Old Section# 21-363 21-374.1 21-356 (b&c only) 21-364 21-365 21-366 21-368 21-370 21-372 21-373 21-374 21-384 New Section# 21-300 21-301 21-302 21-303 21-304 21-305 21-306 21-307 21-308 21-309 21-310 21-311 21-312 - 21-319. Reserved Division 2. Parking Meters Old Section# 21-394 21-395 21-396 21-397 21-398 21-399 New Section# 21-320 21-321 21-322 21-323 21-324 21-325 21-400 21-401 21-402 21-403 21-405 21-406 21-407 21-326 21-327 21-328 21-329 21-330 21-331 21-332 21-333 - 21-349. Reserved Division 3. Residential Parking Permits Old Section# 21-440.1 21-440.2 21-440.3 21-440.4 21-440.5 21-440.6 21-440.7 21-440.8 21-440.9 21-440.10 21-440.11 New Section# 21-350 21-351 21-352 21-353 21-354 21-355 21-356 21-357 21-358 21-359 21-360 21-361 - 21-399. Reserved Article IV: Use of Tow Truck Service to Enforce Parking Restrictions on Private Property Old Section# 21-419 21-420 21-421 21-422 21-423 21-424 21-425 21-426 21-427 21-428 21-429 New Section# 21-400 21-401 21-402 21-403 21-404 21-405 21-406 21-407 21-408 21-409 21-410 21-411 - 21-499. Reserved Article V: Vehicle Size, Weight & Load Old Section# 21-204 21-205 21-207.1 21-211 New Section# 21-500 21-501 21-502 21-503 21-504 - 21-599. Reserved CHAPTER 23 Offenses - Miscellaneous Old Section# 21-456 New Chapter Location 23-7.4 CHAPTER 33 Streets and Sidewalks Article I: In General Old Section# 21-30 New Chapter Location 33-9.1 CHAPTER 35 Taxation Article XV: Local Vehicle License Old Section# 21-71 21-71.1 21- 72 21- 73 21-74 21-75 21-75.1 21-76 21- 77 21- 79 21-85 21-86 New Chapter Location 35-275 35-276 35-277 35-278 35-279 35-280 35-281 35-282 35-283 35-284 35-285 35-286 FROM: May 25, 2005 Kathy Roundtree 1\ ^ ~ Michael Davy, Court Administrator I V \n./ ~T Incorporating State Traffic Code into City Code DATE: TO: SUBJECT: This is to confirm that the Courts support moving forward to incorporate the State traffic code into the City code. This will expedite the data entry processing of traffic tickets and simplify and improve the reporting of convictions to the Department of Motor Vehicles. igi S ith, Chief Deputy Clerk Criminal Department Circuit Court Clerk's Office OJ-" ~ L ra Dabbene, Traffic Division Manager General District Court 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AN ORDINANCE TO AMEND CHAPTER 21 OF THE CITY CODE PERTAINING TO TRAFFIC REGULATIONS BY REPEALING THE ENTIRETY THEREOF, INCORPORATING CERTAIN PROVISIONS OF TITLE 46.2 OF THE CODE OF VIRGINIA, AND REORDAINING CERTAIN OTHER PROVISIONS SECTIONS REPEALED: §§ 21-1 thr. 34, 21-46 thr. 56, 21-71 thr. 77, 21-79, 21-85 thr. 86, 21-101 thr. 111, 21-113 thr. 130, 21-141 thr. 160, 21-176 thr. 179, 21-191 thr. 207.4, 21- 209 thr. 211, 21-226 thr. 260, 21-271 thr. 276, 21-278 thr. 281, 21-294 thr. 300, 21-311 thr. 324, 21-336 thr. 337, 21-338.1 thr. 341.1, 21-341.3 thr. 344, 21-356 thr. 386, 21- 394 thr. 395, 21-396 thr. 403, 21-405 thr. 407,21-419 thr. 429, 21-440.1 thr. 444, 21- 456 thr. 468, 21-481 thr. 485, 21-496 thr. 502 SECTIONS REORDAINED: §§ 21-1 thr. 4, 21-200 thr. 201, 21-220 thr. 221, 21-230, 21-240, 21- 250 thr. 253, 21-300 thr. 311, 21-320 thr. 332, 21-350 thr. 360, 21-400 thr. 410, 21-500 thr. 503, SECTIONS ADDED: §§ 16-40 thr. 16-41, 23-7.4, 33-9.1, 35-275 thr. 286 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 31 That Chapter 21 of the City Code is hereby repealed and 32 reordained, and that Chapters 16, 23, 33, and 35 are hereby amended 33 and reordained, to read as follows: 1 47 48 49 50 51 52 53 54 55 56 34 CHAPTER 16 35 HOUSING AND BUILDING MAINTENANCE CODE 36 ARTICLE VI. Storage of Vehicles 37 38 Sec. 16-40. Open storage of inoperable vehicles on residential, commercial or agricultural property. 39 (a) It shall be unlawful whether as owner, tenant, occupant, 40 lessee or otherwise, for any person, firm or corporation to keep, 41 except within a fully enclosed building or structure or otherwise 42 shielded screened from view, zoned for any property or on 43 residential, commercial or agricultural purposes, any vehicle, 44 which is inoperable. As used in this Section, notwithstanding any 45 other provisions of the law, general or special, "shielded or 46 screened from view" means not visible by someone standing at ground level from outside of the property on which the subject vehicle is located. The placing, draping or securing of a tarpaulin or other nonrigid cover, over and around an inoperable vehicle shall not be sufficient to comply with the requirements of this Section. (b) As used in this Section, an "inoperable vehicle," shall mean any motor vehicle, trailer or semitrailer, as defined in Code of Virginia, section 46.2-100: (1) Which is not in operating condition; or (2) Which for a period of sixty (60) days or longer has been partially or totally disassembled by the removal of tires and 2 69 70 71 72 73 74 75 76 77 78 79 80 57 wheels, the engine or other essential parts required for 58 operation of the vehicle; or 59 (3) On which there are displayed neither valid license plates 60 nor a valid inspection decal. 61 (c) Any person violating any provision of this Section shall 62 be given a notice that the keeping of such inoperable vehicle 63 constitutes a violation which must be abated within seven (7) days 64 from the date of such notice. The notice shall (1) reasonably 65 describe the subject inoperable vehicle; (2) state that any owner 66 of such inoperable vehicle or any owner of property upon which such 67 inoperable vehicle is located may appeal the decision that the 68 vehicle is in violation of this Section by a written notice of appeal with the Code Enforcement Administrator of the Department of Housing and Neighborhood Preservation within seven (7) days from the date of the notice; (3) state that failure to comply with the requirements of this Section may result in the removal and disposal of the vehicle; and (4) state that such removal and disposal shall be at the expense of the owner of such inoperable vehicle or the owner of the property upon which such vehicle is located. ( d) Service of the notice provided for in subsection (c) shall be by first-class mail, personal delivery or posting in a conspicuous place. The owner shall, for purposes of this Section, be defined as the owner of the inoperable vehicle, or if the owner of the inoperable vehicle cannot be ascertained or readily located, 3 98 99 100 101 102 103 104 81 the owner of the property. The Code Enforcement Administrator and 82 inspectors of the of Housing Department and Neighborhood 83 Preservation are hereby authorized to deliver or post such notices. 84 (e) Failure of any person to place such inoperable vehicle 85 into a fully enclosed structure, to screen or shield such vehicle 86 from view as set forth in subsection (a) above, or to remove such 87 vehicle, or render such vehicle operable within the time prescribed 88 in subsection (c) above shall constitute a Class 3 misdemeanor. In 89 addition any penal ties imposed hereunder, to code enforcement 90 administrator or his designee may institute legal action to enjoin 91 the continuing violation and may request that the Chief of Police 92 or his designee remove and dispose of such inoperable vehicle as 93 provided in subsections 16-41(c)--(h). 94 Should the cost of removal and disposal exceed the proceeds of 95 sale as outlined in subsection (e) above, the additional cost of 96 any such removal and disposal shall be chargeable to the owner of 97 the inoperable vehicle or of the property and may be collected by the city and levies taxes collected; and as every cost are authorized by this section with which the owner of the property has been assessed shall constitute a lien against the property from which the inoperable vehicle was removed, the lien to continue until actual payment of such costs has been made to the City. (f) The owner or his agent may, at any time from the date of removal, up to and including the twentieth day of storage, claim 4 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 such vehicle upon payment charges. (g) of towing, preservation and storage The provisions of this Section shall not apply to any business duly licensed to deal in the buying, selling, storing or disassembling of motor vehicles, trailers or semitrailers, or the temporary storage of motor vehicles, or semitrailers trailers awai ting repairs, which is or any motor vehicle, trailer or semitrailer designed used primarily for agricultural or or horticultural purposes and which is kept upon a farm or other property principally used for such purposes. (h) Any owner of an inoperable vehicle or owner of property upon which such vehicle is located aggrieved of a decision made pursuant to this Section may appeal such decision as set forth in subsection (c) above. The Code Enforcement Administrator or his designee shall schedule a hearing of such appeal on a date not later than ten (10) business days after the filing of the appeal; provided, however, that such hearing may, at the discretion of the Code Enforcement Administrator or his designee, be rescheduled for good cause shown. Enforcement proceedings otherwise permitted under this Section shall be stayed during the pendency of such appeal. Sec. 16-41. (a) Removal, storage and sale of certain unattended vehicles--Generally. Any law may enforcement officer have removed for safekeeping any motor vehicle, trailer, semitrailer or part or 5 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 combination thereof if: ( 1) It is left unattended or has been involved in an accident on a public highway or other public property and impedes the flow of traffic; (2 ) (3) It is illegally parked; It is left unattended for more than ten (10) days either on public on private without property the property or permission of the property owner, lessor or occupant; (4 ) is a immobilized It public highway by weather on conditions or other emergency situation; (5) It is left abandoned on a public highway or other public property. For the purposes shall be of this section, it presumed that a vehicle or part thereof is abandoned if (a) it lacks either a current license plate, or a current county, city or town license decal, or a valid state safety inspection decal; and (b) it has been in a specific location for four (4) days without being moved. ( 6) It is designated for removal by the Code Enforcement Administrator as provided by § 16-40(e). (b) No vehicle shall be moved from private property under the provisions of subsection (a) (3) of this section without the written request of the owner, lessee or occupant thereof. Further, the person at whose request a motor vehicle, trailer or semitrailer is removed from privately owned property pursuant to this section 6 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 shall indemnify the city against any loss or expense incurred by reason of the removal, sto~age or sale. (c) Each removal under this shall be Section or § 16-40 reported immediately to the Chief of Police, who shall give notice to the owner of the motor vehicle, trailer or semitrailer and to the department of motor vehicles as promptly as possible. The owner of vehicle, or trailer such semitrailer, before obtaining possession thereof, shall pay to the city all reasonable costs incidental to the removal, storage and locating the owner of the vehicle, trailer or semitrailer. Should such owner fail or refuse to pay the costs or should the identity or whereabouts of such owner be unknown and unascertainable, after a diligent search has been made and after notice to him at his last known address and to the holder of any lien of record in the office of the Department of Motor Vehicles in Virginia against the motor vehicle, trailer or semitrailer, the Chief of Police may, after holding the motor vehicle, trailer or semitrailer twenty (20) days and after due notice of sale, dispose of the same at public sale and the proceeds from the sale shall be forwarded by the Chief of Police to the City Treasurer. (d) If no claim has been made by the owner for the proceeds of a sale under this Section, the remaining funds may be deposited to the general fund or any special fund of the City. Any such owner shall be entitled to apply to the city within three (3) years from 7 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 the date of such sale, and if timely application is made therefor, the City shall pay the same to the owner, without interest or other charges. No claim shall be made nor shall any suit, action or proceeding be instituted for the recovery of such funds after three (3) years from the date of such sale. (e) Notwithstanding the foregoing provisions, any abandoned vehicle which is inoperable fair value is and whose market determined to be less than the cost of its restoration to an operable condition, may be disposed of to a demolisher, without title and without notification procedures, by the city or by the person on whose property or in whose possession the vehicle is found. demolisher, on The taking the inoperable custody of abandoned vehicle shall notify the department as provided by Code of Virginia, § 46.2-1205. ( f) in personal found unattended Any property any or abandoned vehicle, trailer semitrailer be sold motor or may incident to the sale of such vehicle pursuant to this Section. (g) In enforcing this Section the police department shall not utilize any tow truck service which is not in full compliance with the requirements of Article IV of Chapter 21. (h) The Chief of Police is authorized to adopt, with the approval of the City Manager, additional requirements for towing services related to the safety and convenience of persons whose vehicles are towed in accordance with this Section. 8 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 CHAPTER 21 MOTOR VEHICLE AND TRAFFIC CODE ARTICLE I. INCORPORATION OF TITLE 46.2 OF THE VIRGINIA CODE; LOCAL AUTHORITY Sec. 21-1. Adoption of Title 46.2 of the state law. (a) Pursuant to the authority of § 46.2-1313 of the Code of Virginia, 1950, as amended, all of the provisions and requirements of the laws of the State contained in Title 46.2 of the Code of Virginia, as amended, and pursuant to § 1-220 of the Code of Virginia as amended in the future, except those provisions and requirements the violation of which constitutes a felony, and except those provisions and requirements which, by their very nature, can not have application to or within the City, are hereby adopted and incorporated in this Chapter by reference and made applicable within the City. Such provisions and requirements are hereby adopted and made a part of this Chapter as fully as though set forth at length herein, and it shall be unlawful for any person within the City to violate or fail, neglect or refuse to comply with any provision of the Code of Virginia, which is adopted by this Section; provided, that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under the Code of Virginia. 9 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 (b) Any change to any Section of this Article resulting from a future amendment to a state law that is adopted and incorporated by reference shall become effective at the same time the amended state law becomes effective. (c) All definitions of words and phrases contained in the State law hereby adopted shall apply to such words and phrases, when in to the this used Chapter, unless clearly indicated contrary. Reference to "highways of the state" contained in such provisions and requirements hereby adopted shall be deemed to refer to the streets, highways and other public ways within the City. Sec. 21-2. Title. The provisions of this Chapter shall be known as the "Motor Vehicle and Traffic Code of the City of Virginia Beach, Virginia" and may be so cited. Sec. 21-3. General powers of City Manager relative to traffic. (a) The City Manager shall have final authority over the management and direction of all vehicular and pedestrian traffic in the City and of the parking and routing of vehicles in the interest of the public safety, comfort and convenience, not inconsistent with the provisions of this Chapter and Title 46.2 of the Code of Virginia. appropriate He signs be erected and to may cause maintained, designating residence and business districts, school, hospital and safety highways and interurban railway zones, crossings, turns at intersections, traffic lanes and such other 10 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 signs as may be necessary to carry out the provisions of this chapter. shall traffic by means of have power to regulate He traffic officers or semaphores or other signaling devices on any portion of the highway where traffic is heavy or continuous or where, in his judgment, conditions may require. He may adopt any such regulations, not inconsistent with the provisions of this Chapter, as he shall deem advisable and necessary, and repeal, amend or modify any such regulation; provided, however, that such regulations shall not be deemed to be violated if, at the time of the alleged violation, any sign or designation required under the terms of this Chapter is missing, effaced, mutilated or defaced, so that an ordinary observant person, under the same circumstances, would apprised aware be of existence of such of the not or regulations. (b) Notwithstanding the provisions of subsection (a), the City Manager shall not implement any program or regulation which requires the payment of a fee to park in any public lot within or adjacent to the Municipal Center absent specific authorization from City Council. Sec. 21-4. for Compliance violations. with chapter; general penalty It shall be unlawful for any person to violate or refuse, fail or neglect to comply with any of the provisions of this Chapter. Unless otherwise specifically provided, a violation of this Chapter 11 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 shall constitute a traffic infraction punishable by a fine of not more than two hundred fifty dollars ($250.00). Secs. 21-5 - 21-199. Reserved. ARTICLE II. VEHICLE OPERATION. DIVISION 1. GENERALLY. Sec. 21-200. Blocking intersections or marked crosswalks. No operator of a vehicle shall enter an intersection or a marked crosswalk, unless there is sufficient space beyond such intersection or crosswalk, in the direction in which such vehicle is proceeding, to accommodate the vehicle without obstructing the passage of any other vehicles or pedestrians, notwithstanding traffic-control signal indication to proceed. Sec. 21-201. Cruising. (a) The City of Virginia Beach hereby finds and declares that the unregulated practice of cruising on Atlantic Avenue in the resort substantial congestion, vehicular traffic creates area including extended periods of gridlock; interferes with the smooth and orderly flow of both vehicular and pedestrian traffic; unduly interferes with the ability of police, fire, and rescue vehicles to respond to calls for assistance; and thereby endangers the health, safety and welfare of the City's citizens and visitors. By adoption of this Section, it is the intent of the City to regulate cruising on Atlantic Avenue in the resort area and thereby to alleviate the problems associated therewith. 12 297 298 (b) The following words and phrases shall, for purposes of this Section, have the meanings respectively ascribed thereto: 299 (i) Cruising or to cruise shall mean to operate a motor 300 301 302 303 304 305 306 307 308 vehicle or low-speed vehicle, or as a custodian thereof, to permit its operation, past a traffic-control point two (2 ) times in the same direction within any three-hour period. (ii) Custodian shall mean any person who is the owner of a motor vehicle or low-speed vehicle, has custody or thereof, and who is riding therein (or thereon) at the time of its operation. (iii)Enforcement period shall mean the period from May 1 to 309 310 311 September 30, inclusive, between the hours of 2:00 p.m. and 4:00 a.m., inclusive. (iv) Restricted area shall mean Atlantic Avenue from and 312 313 314 (v) 315 316 317 including the Rudee Inlet Loop to and including 31st Street. Resort area shall mean the area, from and including, the sidewalk the side Pacific Avenue of west to the on Atlantic Ocean between Rudee Inlet and 42nd Street. (vi) Traffic-control point shall mean the location of any sign 318 319 320 indicating that cruising is prohibited, or any point designated by the chief of police or his duly authorized designee which is located between any such signs. 13 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 (c) It shall be unlawful for any person to cruise in the restricted area during the enforcement period. A violation of this subsection shall constitute traffic infraction, and each a successive trip past a traffic-control point after a violation has occurred shall constitute a separate violation. (d) Signs indicating that cruising is prohibited shall be posted at periodic intervals immediately adjacent to the restricted area. Such signs shall state substantially as follows: NO CRUISING 2 P.M. TO 4 A.M. UNLAWFUL TO PASS THIS POINT 2 TIMES IN 3-HOUR PERIOD (e) The provisions of this Section shall not be applicable to the operator of a police, fire or rescue vehicle in the conduct of official duties, the operator of a common carrier, or the operator of any motor vehicle or low-speed vehicle when such motor vehicle or low-speed vehicle is being operated for business purposes. Sees. 21-202 - 21-219. Reserved. DIVISION 2. TRAFFIC SIGNS, SIGNALS AND MARKINGS. Sec. 21-220. Activation of traffic control signals department and rescue squad members. fire by Members of any fire department or any rescue squad, when on duty, activate electric traffic-control signals when such may control signals are specifically authorized by the State Highway and Transportation Commissioner or the City Manager. 14 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 Sec. 21-221. Duty to obey traffic signs and signals and orders of police officers. Pedestrians shall obey signs and signals erected on highways or streets for the direction and control of travel and traffic and they shall obey the orders of police officers engaged in directing travel and traffic on the highways and streets. Violations of this section shall be punished by a fine not exceeding two hundred dollars ($200.00) for each offense. Secs. 222 - 229. Reserved. DIVISION 3. SPEEDING. Sec. 21-230. Traffic calming via maximum speed limits in certain residential districts; penalty. Pursuant to § 46.2-878.2 of the Code of Virginia, any person who operates a motor vehicle in excess of the maximum speed limit established for any portion of the following highways located wi thin the designated neighborhoods, on or after the effective date, shall be guilty of a traffic infraction punishable by a prepayable fine of two hundred dollars ($200.00), in addition to other penalties provided by law. No portion of the fine shall be suspended unless the court orders twenty (20) hours of community service. (1) J Garden: Norwich Avenue; Taj 0 Avenue; Fairlawn L & Avenue; Dulcie Avenue. (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton Road; Old Kempsville Road. 15 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 (3) Lake Shores: Jack Frost Road; Lake Shores Road. (4) Little Neck: Harris Road. (5) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; Smith Farm Road. ( 6) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. (7 ) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Bayville Road; Baylake Road; Rampart Avenue; Lookout Road; Sandy Bay Drive. (8 ) Country Haven: Stewart Drive. ( 9) Fairfield: Lord Dunmore Drive. (10) Bellamy Manor: Homestead Drive. (11) Church Point: Church Point Place; Church Point Road; Timber Ridge Drive. (12) Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery Drive. (13) Bayville Park: Greenwell Road (From Shore Drive to First Court Road) . (14) Milburn Manor: Davis Street. (15) Lake James: Lake James Drive. (16) Larkspur: Edwin Princess to Drive Road from Anne Independence Blvd. Effective as of April 6, 2004: 16 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 (1 ) Croatan: Croat an Road. (2 ) Birdneck Point: Cardinal Road. Effective as of April 5,2005: (1) Thoroughgood: Thoroughgood Drive. (2) Hermitage Road. Secs. 21-231 - 239. Reserved. DIVISION 4. DRIVING WHILE UNDER INFLUENCE OF ALCOHOL OR DRUGS. Sec. 21-240. Reimbursement for expenses incurred from emergency responses. (a) Any person convicted of violating any of the following provisions of the Code of Virginia, or any similar ordinance in the City liable civil action Code, shall be in for a separate reasonable expenses incurred by the City of Virginia Beach or by any volunteer rescue squad, or both, when providing a appropriate emergency response to any accident or incident related to such violation. (1 ) The provisions of Code of Virginia §§ 18.2-51.4, 18.2-266 or 29.1-783, motor vehicle, operation when such of engine, train or watercraft while so impaired is the proximate cause of the accident or incident; (2 ) The provisions of Article 7 (section 46.2-852 et seq.) of Chapter 8 of Title 46.2 relating to reckless driving, when such reckless driving is the proximate cause of the accident or incident; 17 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 (3) The provisions of Article (§ 46.2-300 et seq.) of 1 Chapter 3 of Title 46.2 relating to driving without a license or driving with a suspended or revoked license; and (4 ) The provisions of Code of Virginia § 46.2-894 relating to improperly leaving the scene of an accident. (b) Personal liabili ty under this Section reasonable for expenses of an appropriate emergency response shall not exceed one thousand dollars ($1,000.00) in the aggregate for a particular accident or incident. In determining the "reasonable expenses"a flat fee of two hundred and fifty dollars ($250.00) may be billed, or a minute-by-minute accounting of the actual cost incurred may be billed. includes (c) As used in this Section, "appropriate emergency response" all of providing law-enforcement, fire-fighting, cost rescue and emergency medical services. (d) The provisions of this Section shall not preempt or limit any remedy available to the Commonwealth, the City of Virginia Beach, or to any volunteer rescue squad to recover the reasonable expenses of an emergency response to an accident or incident not involving impaired driving operation of a vehicle or other conduct as set forth herein. 18 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 DIVISION 5. OPERATION OF MOTORCYCLES, MINIBIKES, ETC. Sec. 21-250. Opera tion on pri va te property; compliance registration and licensing requirements. with (a) It shall be unlawful for any person to operate or permit to be operated any motorcycle, minibike, trail bike, motor scooter or other form of two (2) or more wheeled transportation propelled by an internal combustion engine, upon the private property of another, unless the operator of said vehicle has in his possession written authorization from the property owner or his agent. (b) The of privately owned desiring owner any property enforcement upon his property of any provision of this Section shall notify the Chief of Police or his authorized designee. (c) When any police officer arrests a person and charges him wi th a violation of this such officer may seize the Section, vehicle involved and deliver the same to the Chief of Police or his authorized designee, and the vehicle shall be held until the charge is disposed of by the court having jurisdiction; provided, that seizure shall not be made of any 'vehicle operated on private property, unless the owner of such property has complied with the requirements of subsection (b) above. In disposing of the charge, the court shall order the vehicle returned to its owner, except that, when any person has been convicted of a second or subsequent violation of this Section, the judge may order such vehicle held by the Chief of Police or his authorized designee for a period not to exceed ninety (90) days. 19 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 (d) The provisions of this Section shall apply not to emergency vehicles, government vehicles or to persons driving upon such property with the written consent of the owner or person in lawful possession of such property or to the property owner or his family, employees, agents or lessees. Sec. 21-251. Unreasonable loud, disturbing, operation of motorcycle. noise etc. , from It shall be unlawful and a Class 4 misdemeanor for any person, in operating motorcycle within City, to create the a in the operation thereof any unreasonably loud, disturbing or unnecessary noise. In operating a motorcycle, the following acts, among others, are declared unreasonably loud, disturbing to create unnecessary noise violation this Section, but in of enumeration shall not be deemed to be exclusive: and such (1) The use of a motorcycle so out of repair as to cause thereby loud and unnecessary grating, grinding, rattling or any of such noises, or any other unnecessary noise. (2) The practice of unnecessarily racing the motor of a motorcycle while standing or moving, thereby causing unnecessary noise from such motor. (3 ) The practice of unnecessarily retarding the spark to the motor and thereby causing unnecessary, loud and explosive noise from such motor. (4 ) In starting a motorcycle from a standing position the practice gaining unnecessarily quickly of speed 20 and 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 thereby causing unnecessary and loud noise from the motor. (5) The practice of coming to an unreasonably quick stop with a motorcycle and thereby causing unnecessary grinding of brakes and screeching of tires, or either of such noises. Sec. 21-252. Boarding or alighting from moving vehicles. No person shall board or alight from any vehicle while such vehicle is in motion. Sec. 21-253. Riding on portion of vehicle not intended for passengers; persons under sixteen prohibited from riding in cargo areas of pickup trucks. (a) No person shall ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to any employee engaged in the necessary discharge of a duty or to persons riding within truck bodies in space intended for merchandise; provided, however, no person under sixteen (16) years of age shall be transported in the rear cargo area of any pickup truck on any highway in this City. (b) provisions to this Section shall apply of The not transportation of persons in the bed of any pickup truck being operated (i) as part of an organized parade authorized by the state department of transportation or the City or (ii) on or across a highway from one field or parcel of land to another field or parcel of land in connection with farming operations. 21 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 Secs. 21-254 - 21-299. Reserved. ARTICLE III. STOPPING, STANDING AND PARKING. DIVISION 1. GENERALLY Sec. 21-300. General authority of director of public works as to parking. (a) Notwithstanding this Chapter, the provisions of any Director Public authorized, when in his is hereby of Works judgement it is in the public interest so to do, to set apart on any of the streets of the city spaces for loading and unloading merchandise, bus stops and other places in which no general parking shall be permitted, and he is further authorized to set aside spaces in parking limited or time further which shall be prohibited. Such action shall not be effective, unless signs or other markings are present, within or near such spaces, so as to apprise an ordinarily observant person of such parking prohibitions or regulations. It shall be unlawful for any person to fail to comply with the requirements of signs or other markings. (b) This Section shall not be construed to authorize the Director Public Works designate parking meter of to zones or taxicab stands. Sec. 21-301. Appointees to enforce parking regulations. The City appoint city is authorized hereby Manager to personnel and/or personnel serving under contract with the City to enforce the provisions of §§ 21-303 through 21-310 of the City Code 22 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 in addition to the regular police officers of the City. Such personnel shall wear a uniform as prescribed by the City Manager. Nothing shall preclude the City Manager from appointing personnel under this Section who may also have been appointed under § 21-328 of the City Code. Sec. 21-302. Stopping or parking on highways generally. (a) Except when actually loading or unloading merchandise, as permitted in this Chapter, no vehicle shall be stopped except close to and parallel to the right-hand edge of the curb or roadway, except that a vehicle may be stopped close to and parallel to the left-hand curb or edge of the roadway on one-way streets or may be parked at an angle, where permitted. (b) Except when actually loading or unloading merchandise, as permitted in this Chapter, no vehicle shall be stopped except close to and parallel to the right-hand edge of the curb or roadway, except that a vehicle may be stopped close to and parallel to the left-hand curb or edge of the roadway on one-way streets or may be parked at an angle, where permitted. Sec. 21-303. prohibitions; penalties for General parking violation. (a) No person shall park a vehicle, except when necessary to avoid traffic in compliance the with conflict with other or directions of a police officer or traffic-control device, in any of the following places: (1 ) Within fifteen (15) feet of a fire hydrant. 23 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 (2 ) (3) (4 ) Within any designated fire lane. At place block fire department to any so as any connection. Within fifteen (15) feet of the driveway entrance to any fire station and, on the side of a street opposite the entrance to any fire station, within seventy-five (75) feet of the entrance, when properly signposted. (5 ) Within fifteen (15) feet of the entrance to a building housing rescue squad equipment or ambulances, provided such buildings are plainly designated. ( 6) (7 ) In front of a public or private driveway. Within an intersection. (b) avoid (8 ) On the roadway side of any vehicle parked at the edge or curb of a street (double parking). ( 9) Upon any bridge or other elevated structure upon a street the directions of a police officer or traffic-control device, in any of or highway or within a tunnel. (10) On the left-hand side of roadway of a two-way street. (11) At any place so as to impede or render dangerous the use of any street or highway. No person shall park a vehicle, except when necessary to conflict traffic in with with or compliance other the following places: (1 ) On a sidewalk. 24 587 (2 ) a 588 (3 ) 589 590 591 592 593 594 ( 4 ) 595 596 597 (5 ) 598 599 600 601 (6 ) 602 603 (7 ) 604 605 (8 ) 606 607 ( 9) 608 609 610 On a crosswalk. Within (20 ) of crosswalk an at feet twenty intersection; provided, however, that where there is no crosswalk at an intersection, no person shall so park a vehicle within twenty (20) feet from the intersection of curb lines or, if none, then within fifteen (15) feet of the intersection of property lines. Within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway. Between a safety zone and the adjacent curb or within thirty of points curb immediately (30) on the feet opposite the ends of a safety zone, unless a different length is indicated by official signs or markings. Within fifty (50) feet of the nearest rail of a railroad grade crossing. Alongside opposite excavation or street or any obstruction, when such parking would obstruct traffic. At any place where official signs prohibit, reserve or restrict parking. In a residential or apartment district (area), if such vehicle is a commercial vehicle in excess of twenty (20) feet in length and/or seven feet in height. This (7 ) restriction shall not apply to commercial vehicles parked 25 611 612 613 614 615 616 617 618 619 620 621 622 while engaged in the normal conduct of business or in the delivery provision services in a goods of or or residential or apartment district (area). (10) At any place so as to prevent the use of a curb ramp located on public property or on privately owned property open to the public. (11) At any place, angle parked or perpendicular to a curb, unless street markings permit. (12) On highway City parking lot, street any or or any displaying sign lettering indicating that the a or vehicle is offered for sale or rent. (c) No person shall park on any street or highway, or on any 623 City parking lot, any vehicle which fails to display one (1) or 624 more of the following: 625 626 627 628 629 630 631 632 633 634 (1 ) (2 ) (d) A valid state vehicle safety inspection decal. Valid and current state license plates. (1) When a notice or citation is attached to a vehicle of found parked in violation any provision of this Section, the owner of the vehicle may, within fourteen (14) calendar days thereafter, pay to the City Treasurer, in satisfaction of such violation, a penalty of thirty- five dollars ($35.00), for a violation of any provision of subsection or twenty (a) (c), (a) (2) , except or dollars ($20.00) for a violation of any provision of 26 l' - - - 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 subsection (2 ) (e) subsection (b), for each hour or fraction thereof during which such vehicle was unlawfully parked. Such payment shall constitute a plea of guilty of the violation in question. If such payment is not postmarked or received by the City Treasurer within fourteen (14) calendar days after issuance of such notice or citation, the penalty shall be seventy dollars ($70.00) for a violation of any provision of subsection of this section, (a) or (c) except (a) (2), and forty dollars ($40.00) for a violation of any provision of subsection (b) of this Section. For violations of subsection (a) (2), the penalty shall be fifty dollars ($50.00) if paid to the City Treasurer within fourteen (14) days after the notice or citation is issued, and if payment is not postmarked or received by the City after within fourteen (14 ) days Treasurer issuance of the notice or citation, the penalty shall be one hundred dollars ($100.00). The failure of any owner to make payment in accord with (d) above or present the notice or citation for a violation of this Section at an office of the City Treasurer for certification to the General District Court, within thirty (30) days, shall render such owner subject to a fine of not more than ($50.00) in addition to the penalty prescribed by fifty dollars subsection (d). 27 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 Sec. 21-304. Parking or stopping for certain purposes prohibited. (a) It shall be unlawful for any person to park or place any automobile, truck, trailer or other vehicle upon or in any street, alley or parkway for the purpose of selling or offering the same for sale or rent. No sign or lettering shall be attached or placed upon any automobile, truck, trailer or other vehicle parked in or upon any public street, alley or parkway in the City indicating that such vehicle is offered for sale or for rent. (b) It shall be unlawful for any person to stop a vehicle at any time upon a highway for the purpose of advertising any article of any kind, or to display thereupon advertisements of any article or advertisement for the sale of the vehicle itself. Sec. 21-305. Washing or greasing vehicle on highway or sidewalk. No person shall, for compensation, wash, polish or grease a vehicle upon a highway or sidewalk, nor shall the owner of a vehicle permit greased, for polished it be washed, to or compensation, upon a highway or sidewalk. Sec. 21-306. Backing to curb. No vehicle shall be backed to a curb, except during the time actually engaged in loading or unloading merchandise therefrom. Sec. 21-307. Parking vehicle without current state license. It shall be unlawful for any person to park any vehicle having no current state license on any highway within the City. 28 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 Sec. 21-308. Parking in street sweeping zones. It shall be unlawful for any person to park any vehicle in a "no parking" designated for sweeping during the zone street respective hours as noted. It shall also be unlawful for any person to park any vehicle in a zone scheduled for street sweeping when proper notification given City through the by the has been placement of a notice on the windshield of vehicles located in the sweeping zone. The City has the right to remove any vehicle located within these zones during the designated times of street sweeping. Sec. 21-309. Manner of using loading zones. Where a loading or unloading zone has been set apart by the Director of Public Works in accordance with applicable provisions of this Chapter, the following regulations shall apply with respect to the use of such areas: (1 ) No person shall stop, stand or park a vehicle for any purpose or length of time, other than for the expeditious unloading delivery pickup and loading of and or materials, in any place marked as a curb loading zone during hours when the provisions applicable to such zones are in effect. All delivery vehicles, other than regular delivery using loading zones shall be such trucks, identified by the owner's or company's name, in letters three (3) inches high on both sides of the vehicle. 29 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 (2) The driver of a passenger vehicle may stop temporarily in a space marked as a curb loading zone for the purpose of, and while engaged in, loading unloading actually or passengers bundles, such stopping not does or when interfere with any vehicle used for the transportation of materials which is waiting to enter or is about to enter such loading space. Sec. 21-310. Manner of using bus stops and taxicab stands. Where a bus stop has been set apart by the Director of Public Works in accordance with the applicable provisions of this Chapter or where a taxicab stand has been designated in accordance with Section 36-78 of this Code, the following regulations shall apply as to the use thereof: No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand, where such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of, and while actually engaged in, the expeditious loading or unloading of passengers, when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone. Sec. 21-311. Contest of parking citations. Any person who shall desire to contest a parking citation shall present the citation at any office of the City Treasurer, who 30 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 shall certify it on an appropriate form to the General District Court. Secs. 21-312 - 21-319. Reserved. DIVISION 2. PARKING METERS Sec. 21-320. Installation, maintenance, required signals, etc. The City Manager shall have the authority to provide for the installation or placing of parking meters within the City and the regulation, control, operation and use thereof in accordance with the provisions of this Division and shall maintain such meters in good working condition. Such parking meters shall be placed upon the curbing spaces immediately adjacent individual parking to designated as provided in this Division. Each parking meter shall be placed or set in such a manner as to show or display a signal that the parking space assigned to it is or is not legally in use and to display, upon deposit of the proper coin of the United States of America therein, a signal indicating legal parking time for the time allotted for such coin for the part of the street upon which such meter is placed. Each meter shall be so arranged that, upon the expiration of such parking limit, or the portion thereof for which the necessary coin or coins have been deposited, it will indicate, by mechanical operation and proper signal, that the lawful parking period has expired. 31 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 America in the parking meter adjacent thereto, and such space may then be lawfully occupied by such vehicle during the period of parking time calculated on the basis of seventy-five cents ($0.75) per hour, not to exceed, however, the maximum time prescribed by § 21-423. If such vehicle shall remain in such parking space beyond the period of parking time calculated on the basis of seventy-five cents ($0.75) per hour, the parking meter shall display a sign or signal showing illegal parking, in which event, the vehicle parked in such parking space shall be considered as parked overtime and beyond the period of legal parking time. (b) Notwithstanding the provisions of subsection (a) above, the City Manager or his designee may issue a parking permit to any citizen of the City who is sixty-five (65) years of age or older, which will allow the permittee to park in metered spaces in the area commonly known as Rudee Inlet Loop Wayside without depositing a coin or coins. (c) It shall be unlawful for any person to cause, allow, permit or suffer any vehicle to be parked overtime or beyond the period of legal parking time established for any parking space provided for in this division. It shall likewise be unlawful for any person to permit a vehicle to remain or to be parked in any parking space adjacent to any parking meter installed pursuant to the provisions of this Division while such meter is displaying a signal indicating that the vehicle occupying such parking space has 33 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 already been parked beyond the period of time prescribed for such parking space. Sec. 21-323. Parking for more than three hours in metered space; exemption for senior citizens. Notwithstanding any other provisions of this Division, and whether or not coins have been deposited in a parking meter, no person shall park a vehicle in any parking space in a parking meter zone established by this Division for longer than three (3) hours at anyone time. shall not apply to any The three-hour limit citizen of the City who is sixty-five (65) years of age or older who is parked in a metered space in the area commonly known as Rudee Inlet Wayside Loop and who has been issued and displays a permit obtained under the provisions of § 21-322(b). Sec. 21-324. Hours and dates during which Division is applicable. (a) The provisions of this Division shall apply to parking twenty-four (24) hours per day in all areas, every day including federal and state legal holidays and Sundays from April first to October first of each calendar year. (b) Pursuant to § 21-320, the City Manager shall have the authority to designate specific areas in which the hours and/or dates that the provisions of this Division is applicable are different from the hours and/or dates set forth in subsection (a), provided that any such area is clearly identified by signs, curb markings or other means. 34 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 Sec. 21-325. Use of metered space without deposit for loading, unloading, etc. Operators of delivery vehicles may use, without deposit, any parking meter space referred to in this Division during the actual loading and unloading of such delivery vehicles. of Operators passenger vehicles, commercial private, without or may use, deposit, such a parking meter space for the purpose of promptly receiving or discharging any passenger. Sec. 21-326. Establishment of loading zones, bus stops, etc., in meter zones. The Director of Public Works may set apart, within the parking meter zones established by this Division, spaces for loading zones, bus stops and other places in which no parking by the general public shall be permitted; provided, however, that taxicab stands within such parking meter zones shall be designated as provided in § 36-78 of this Code. Sec. 21-327. Purpose of required deposits. The coins required to be deposited in parking meters, as provided in this Division, are hereby levied and assessed as fees to provide for the proper regulation and control of traffic on the public and the of supervision, to cover cost the streets inspection, installation, operation, maintenance, control and use of the parking meter spaces and regulating the parking of vehicles in the parking meter zones established by this division. 35 847 848 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 Sec. 21-328. Appointment of persons to enforce Division. The City Manager is authorized to appoint ci ty personnel and/or personnel serving under contract with the City to enforce the provisions of this Division, except § 21-331, in addition to the regular police officers of the City. Such personnel shall wear a uniform as prescribed by the City Manager. Sec. 21-329. Duty of enforcing officers or persons reference to violations of Division. with Each police officer or other person charged with the duty of enforcing this Division shall take the number of any parking meter at which any vehicle is parked in violation of this Division, the tag number of such vehicle and the length of time during which such vehicle is parked in violation of any provision of this Division and report the same to the police department and make proper complaint touching such violation. Each such officer shall attach to the vehicle in question a notice to the owner thereof that such vehicle has been parked in violation of a provision of the parking meter regulations and instructing such owner when and where to report with reference to such violation. Sec. 21-330. Prepayment of penalty for parking in metered spaces in violation of Division. (a) When a notice is attached to a vehicle pursuant to § 21- 329, the owner of the vehicle may, within fourteen (14) calendar days thereafter, pay to the City Treasurer, in satisfaction of the violation for which the notice was given, a penalty of twelve 36 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 dollars ($12.00) for each hour or fraction thereof during which such vehicle occupied a parking meter space illegally. Such payment shall constitute a plea of guilty to the violation in question. If such payment is not postmarked or received by the City Treasurer within fourteen (14) calendar days after receipt of such notice, the penalty for each hour or fraction thereof during which such vehicle occupied a parking meter space illegally shall be twenty- four dollars ($24.00). (b) The failure of any owner to make payment in accord with subsection (a) above or present the citation or notice of violation at any office of the City Treasurer for certification to the General District Court, within thirty (30) days shall render such owner subject to a fine of not more than fifty dollars ($50.00) in addition to the penalty set forth in subsection (a). Sec. 21-331. Injuring, defacing, etc., meters. It shall be unlawful and a Class 1 misdemeanor for any person to deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter installed pursuant to this Division. Sec. 21-332. Division does not affect other provisions as to traffic or parking. Nothing in this Division shall alter or affect any other provision of this Code or ordinance, rule or regulation of the City relating to traffic or parking on any street, alley, lane or 37 896 897 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 highway wi thin the City, other than those included wi thin the parking meter zones established by this Division. Sees. 21-333 - 21-349. Reserved. DIVISION 3. RESIDENTIAL PARKING PERMITS Sec. 21-350. Objectives. This Division is adopted in order to reduce nighttime traffic congestion in public streets within residential neighborhoods; to reduce hazardous traffic conditions during nighttime hours in residential neighborhoods caused by the use of such streets for vehicular parking by persons attempting to avoid the use of nearby city meter-regulated parking; residents of to protect neighborhoods unreasonable noise and disturbance from such during nighttime protect such residents from unreasonable hours; to burdens in gaining access to their residences; and to protect and preserve the good order, convenience and character peace, of residential neighborhoods located in close proximity to co~ercial areas of the City. Sec. 21-351. Definitions. As used in this Division: (a) Motor vehicle shall have the meaning set forth in § 46.2- 100 the Code, and shall also include mopeds and of State motorcycles, as defined therein. 38 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 (b) Residence shall single-family dwelling mean a or a dwelling unit, as defined in § 111 of the City Zoning Ordinance [Appendix A] . (c) Residential area shall mean an area designated on the zoning map of the City as a residential zoning district or an area containing primarily abutted by residences streets or other noncommercial uses, including, but not limited to, schools, parks and churches. Sec. 21-352. Designation of residential permit parking areas. The City Manager or his designee is hereby authorized to designate as residential permit parking areas street blocks within any residential areas, or part thereof, which is located within one-half mile of a city meter-regulated parking area. Sec. 21-353. Parking restrictions. (a) In any area designated as a residential permit parking area, it shall be unlawful for any person to park or otherwise leave unattended all-terrain vehicle, bicycle, any electric personal assistive mobility device, electric power-assisted bicycle, electric-powered wheeled device, gas-powered wheeled device, low-speed vehicle, moped or similar wheeled device on the street. (b) In any area designated as a residential permit parking area, it shall be unlawful for any person to park any motor vehicle on the street between the hours of 8:00 p.m. and 6:00 a.m. unless 39 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 there is affixed to the driver's side exterior surface of the windshield such motor vehicle valid residential parking of a permit; provided, that the provisions of this Section however, shall not apply to emergency or governmental vehicles, to delivery or service vehicles while engaged in such delivery or service, or to vehicles displaying a valid guest pass plainly visible from the exterior of the vehicle. Sec. 21-354. Permits generally. (a) Following the designation of a residential permit parking area by the City Manager or his designee, the City Treasurer shall issue annual residential parking permits for the area so designated. One (1) permit shall be issued, upon application and payment of prescribed if applicable, for each motor the fee, vehicle owned by residing within the a person on a street residential permit parking street within a area, or on a residential area that is contiguous to the residential permit parking area as specified in subsection (b). (b) An applicant for a permit shall present his motor vehicle registration and operator's license with the application. No permit shall be issued in the event either the registration or operator's license shows an address not within a designated residential permit parking area, unless the applicant demonstrates to the satisfaction of the City Treasurer that he is, in fact, a resident of such area, or that he is a resident of a residential area which is contiguous 40 966 967 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 to designated residential permi t parking and in which a area neither off-street nor nonmeter-regulated on-street parking is available. Any applicant who is a resident of such a contiguous residential area shall, upon receipt of a permit issued hereunder, be permitted to park in the designated residential permit parking area. Registered residential parking permit holders may obtain annual or temporary guest passes by applying to either the city treasurer's office or the city's parking systems management office. Temporary guest passes shall be issued and validated for up to seventy-two (72) hours. (c) Annual business parking permits shall be issued by the city treasurer's office or the city's parking systems management office to businesses licensed to operate in city meter-regulated parking areas. The number of permits issued to a single business shall be limited to the maximum number of employees required to work after 8:00 p.m. or, in the case of a lodging facility, the number of rooms within such lodging facility that do not have on- site parking, whichever is greater. (d) Permits issued pursuant to subsection (a) shall not be transferable, and may be revoked in the event the City Treasurer determines that the owner of the vehicle for which a permit has been issued no longer resides in the residential permit parking area. Upon written notification of such revocation, the holder of the permit shall surrender such permit to the City Treasurer. The 41 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 willful failure to surrender such permit shall be punishable by a fine in the amount of twenty-five dollars ($25.00). (e) Permits issued pursuant to subsection (c) shall be transferable, and may be revoked in the event the City Treasurer's office determines that the number of permits exceeds the allowable number according to the criteria set forth in subsection (c). (f) A replacement permit shall be issued upon proof of loss, theft damage original permit, the and payment of of the or replacement fee prescribed in § 21-359. Sec. 21-355. Signs. Following the designation of a residential permit parking area, the traffic engineer shall cause to be posted in appropriate locations within such area signs indicating the restrictions set forth in § 21-353. Sec. 21-356. Unauthorized use or display of permit. It shall be unlawful for any person to use or display, or to allow to be used or displayed, a permit issued under this Division upon any vehicle other than the vehicle for which the permit was issued. Sec. 21-357. Obtaining permit by false pretenses. It shall be unlawful for any person falsely to represent himself as eligible for a permit under this division or to furnish any false information in, or in conjunction with, an application for a residential parking permit. 42 21-358. Penalties for restrictions. of residential parking violation 1014 Sec. 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 (a) When a notice or citation is attached to a vehicle parked in violation of § 21-353, the owner may wi thin fourteen (14 ) calendar thereafter, the City in days pay to Treasurer, satisfaction of such violation, a penalty of thirty-five dollars ($35.00). If such payment is not postmarked or received by the City Treasurer within fourteen (14) calendar days after receipt of such notice or citation, the penalty therefore shall be seventy dollars ($70.00). Additionally, any vehicle parked in violation of § 21-353 may be towed at the direction of a law enforcement officer. (b) The failure of any owner to make payment in accordance with subsection (a) above or to present the notice or citation for a violation of § 21-353 at an office of the City Treasurer for certification to the General District Court within thirty (30) days shall render such owner subject to a fine of not more than fifty dollars ($50.00) in addition to the penalty set forth in subsection (a) above. (c) A violation of §§ 21-356 or 21-357 shall be punishable by a fine in an amount not to exceed one hundred dollars ($100.00). Sec. 21-359. Fees. Fees required under this Division shall be as follows: (a) For an annual residential parking permit, no fee for the first two permi ts issued for a single residence, and five (2 ) dollars ($5.00) for each additional permit. 43 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 (b) annual business parking permit, dollars ten For an ($10.00) each for the first five (5) permits issued, and twenty dollars ($20.00) for each additional permit. (c) For a replacement business parking permit, twenty dollars ($20.00). (d) For an annual or replacement guest permit, two dollars ($2.00) . (e) For a temporary guest permit, no fee. Sec. 21-360. Appointees to enforce parking regulations. The City Manager shall be authorized to appoint city personnel and/or personnel serving under contract with the City, in addition to regular police officers of the city, to enforce the provisions of this Division. Such personnel shall, while performing their duties pursuant to this Division, wear a uniform prescribed by the City Manager. Sees. 21-361 - 21-399. Reserved. ARTICLE IV. USE OF TOW TRUCK SERVICE TO ENFORCE PARKING RESTRICTIONS ON PRIVATE PROPERTY Sec. 21-400. Definitions. Unless a different meaning is required by the context, the following terms, as used in this Division, shall have the meaning hereinafter respectively ascribed to them: Custodian means any person who is in possession and control of a vehicle whether or not such person is the registered owner of the 44 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 vehicle. A person who is in possession of the ignition key to a vehicle, and who is also in possession of a valid driver's license, shall be deemed to be the "custodian" of such vehicle. Decal-controlled parking area means a parking area in which parking is limited to vehicles on which a decal, sign, placard or similar authorization issued by the owner, lessee or agent of the parking area is conspicuously displayed. Operator means any person operating a tow truck for a tow truck service. Tow truck service means a person engaged in any business which provides the services of one or more tow trucks for hire or use to tow, transport or move motor vehicles on or from public streets or on or from private property by way of public streets. Tow truck service storage yard means any property, including the premises of any service station, upon which vehicles are stored that have been towed from privately owned lots or property at the request of the owner, lessee or agent of such lot or property and without the consent of the owner of the vehicle towed. Sec. 21-401. Applicability of Division. The provisions this shall apply only to tow Division of services which tow vehicles on or from privately owned lots or property, at the request of the owner of such lot or property and without the consent of the owner of the vehicle towed. 45 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 Sec. 21-402. Violations of Division. (a) It shall be unlawful for any person to violate or refuse, fail or neglect to comply with any of the provisions of this Division. Each day that a continuing violation of the provisions of any Section of this Division occurs shall constitute a separate violation. (b) Any person violating any provision of this Division shall be guilty of a Class 1 misdemeanor. Sec. 21-403. Signs required on property. (a) Each owner of private property having parking facilities accessible to the public, and offering parking to its customers, clientele, residents, lessees or guests, who intends to enforce parking restrictions by the use of a tow truck service, shall post, at each point of ingress and egress to the parking area, clearly legible signs, visible and unobstructed day and night upon entering the parking area, that contains the following wording and sets forth the hours of enforcement: PRIVATE PARKING NAME OF BUSINESS RESIDENTS/CUSTOMERS/CLIENTELE/ LESSEES/GUESTS ONLY TOWING ENFORCED HOURS OF ENFORCEMENT 46 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 Unauthorized cars towed at owner's expense: $ day or night. Call (telephone number of truck service) for tow location and information concerning return of car if towed. With respect to retail establishments, this sign shall also contain the wording "WHILE ON THE PREMISES" following the wording ONLY." Finally, this sign or an "CUSTOMERS accompanying sign shall indicate whether the parking area is decal-controlled and shall contain the name and telephone number of any contracted towing service. (b) The signs required by this Section shall be at least thirty-six (36) inches in width and thirty (30) inches in height. Lettering for the capitalized words shall be at least three (3) inches in height and, for all other lines, at least one and one- half ( 1 1/2) The face of the sign shall be inches in height. composed of an engineering grade reflectorized sheeting or like material. The name of the business may be on a separate sign, but must be adjacent to the primary sign containing the information required by this Section. The provisions of subsection (a) above shall be applicable to any parking area located on private property including parking houses, condominiums and of apartment areas nonprofit organizations. (c) In addition to the provisions of subsections (a) and (b) above, if towing is enforced twenty-four (24) hours a day, the sign or signs required by this section shall include the wording "TOWING 47 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 ENFORCED TWENTY-FOUR (OR 24) HOURS A DAY" in letters at least three (3) inches in height. In the alternative, an accompanying sign containing this wording in letters of the same height may be placed adjacent to each sign required by subsection (a) above. (d) Vehicles may be towed from designated fire lanes approved by the fire department on private parking areas open to the public on which are posted signs as required by subsection (a) above, provided that such fire lanes are properly marked, including the posting of above grade signs stating FIRE LANE-TOWING ENFORCED. (e) shall unlawful truck service or for tow be It any operator to tow or otherwise move a vehicle from any privately owned land property within City, such land or unless the or property is properly signed in accordance with this Section. Sec. 21-404. Business license requirements; tow trucks. identification of (a) No tow truck service or operator shall remove any vehicle from public or private the truck service property unless tow possesses valid license issued in with accordance a business Chapter 18 of this Code. (b) All tow trucks operated by a tow truck service shall display the name, address and telephone number of the owner thereof on both sides of the tow truck on permanently mounted signs or painted directly on the body of the truck in reflectorized letters large enough to be readily legible, but in no case less than two (2) inches in height. It shall be unlawful to operate a tow truck 48 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 displaying an incorrect name or address, or a telephone number which is incorrect or not in service. Sec. 21-405. Release of vehicle to owner or custodian prior to towing. (a) If the owner or custodian of any vehicle not authorized to be parked in a private parking area returns after a tow truck service has arrived but before the vehicle has been towed from the private parking area, he may reclaim the vehicle whether or not it is fully hooked up to the tow truck, and it shall be unlawful for the tow truck service or operator to refuse to release the vehicle. However, if the vehicle has been hooked up, or is in the process of being hooked up, the tow truck operator may charge a drop fee not to exceed twenty-five dollars ($25.00) before releasing the vehicle or discontinuing the towing process. The process of hooking up shall be defined as (i) the removal and/or unreeling of any towing equipment from the tow truck after the truck is positioned to effect the tow, whether or not the equipment has been attached to the vehicle, or (ii) the lowering of a hydraulically-operated lift in preparation for loading the vehicle. (b) If the owner or custodian is unable or refuses to pay the fee set forth in subsection (a) above, the vehicle may be towed and the truck service may charge its basic for tow. the fee tow Whenever a vehicle is towed under these circumstances, the tow truck shall permit custodian remove to the operator owner or personal items from the vehicle prior to the tow. 49 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 (c) No tow truck operator shall request payment of the fee set forth in subsection (a) above or tow any vehicle thereafter if the charge is not paid unless he shall first provide to the owner or custodian of the vehicle a copy of this section. The tow truck operator, upon receiving such payment, shall provide to the owner or custodian a legible receipt containing the name of the towing service, the date, time and place of vehicle release, and the name of the tow truck operator. A copy of the receipt shall be retained by the tow truck service for a period of one (1) year and shall be made available for inspection by City police or the Commissioner of the Revenue during the normal business hours of the tow truck service. (d) Notwi thstanding any provision of this Section to the contrary, if a police officer determines that a vehicle is needed as evidence in a criminal matter, or concludes that, based upon surrounding circumstances, the failure to release a vehicle is likely to result in a disturbance of the public peace and good order, officer may order vehicle without release of the such immediate payment by the owner or custodian thereof of the fee set forth in subsection provided, that nothing (a) above; however, herein shall preclude a tow truck service or operator from civilly pursuing payment of such fee at a later date from the owner or custodian of the vehicle, or from the owner, lessee or agent of the parking area. 50 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 Sec. 21-406. Police to be notified of removal of vehicle. (a) At the time of removal of any vehicle by a tow truck service operator, or no later than thirty (30) minutes thereafter, the police dispatcher shall be notified of such removal, specifying the location of the storage yard to which the vehicle will be towed and the telephone number which the owner should call to reclaim the vehicle. The police dispatcher shall be given the license number and state of issuance of the license and, if known, the vehicle identification number and the make, model, and year of the vehicle towed or to be towed. (b) If notified by the dispatcher or any law enforcement officer that the vehicle is subject to seizure by law enforcement authorities for evidentiary purposes, the tow truck operator or towing service forthwi th relinquish the vehicle shall to such authorities and shall not be entitled to recover any costs or fees. Sec. 21-407. Charges for towing and storage of vehicle; receipt required. (a) No tow truck service or operator operating within the City shall, at any time, charge a basic towing fee greater than the fees set forth below: Gross weight of vehicle Maximum fee 11,000 pounds or less $ 85.00 11,001 pounds or more 285.00 51 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 The basic fee shall be inclusive of any additional towing services such as the use of a dolly. This subsection shall apply only when a vehicle is moved or towed without the prior consent and agreement of the owner or custodian of the vehicle. (b) No tow truck service or operator shall assess any charges for storage for the initial twenty-four (24) hours, nor charge more than dollars ($20.00) twenty-four-hour period twenty per thereafter, for any vehicle with a gross weight of 11,000 pounds or less removed from private property without the consent of the owner or custodian of the vehicle, whether such tow originates in this City or any other jurisdiction. For vehicles with a gross weight of more than 11,000 pounds, a storage fee not to exceed twenty dollars ($20.00) per twenty-four-hour period may be assessed after the first caused yard by (24) hours. Delays twenty-four storage personnel shall not be included when computing storage charges. (c) If any vehicle is not redeemed within seven days (7 ) after it is towed, the tow truck service shall be entitled to recover an additional fee, not to exceed fifty dollars ($50.00), as payment for the cost of any search conducted to determine the registered owner and lien holder, if any, of the vehicle. (d) No tow truck service or operator shall charge any fee for mileage, or any other fee in addition to the basic towing fee set forth in subsection (a) above. 52 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 (e) A monetary receipt for each and every fee collected must be given to those persons whose vehicles have been towed by a tow truck service, or released after hook up, upon release of the vehicle. The information on the receipt must be clearly legible and include the time, date and place of the tow, the name of the tow truck operator who made the tow, and the name of the tow truck service for which said operator works. The receipt must also list the amount of money paid for the release of the vehicle, any additional charges incurred in the tow, and the reason for said additional charges. The following shall be printed conspicuously on every receipt: Virginia City 21-407(f) Code § "NOTICE: Beach requires the tow company to offer you a Survey and Comment Form with this receipt." A copy of the receipt must be retained by the tow truck service for a period of one (1) year and shall be made available for inspection by city police or the Commissioner of the Revenue during normal business hours of the tow truck service owner. (f) form, developed by Towing the and A comment survey Advisory Board, shall be offered to those persons whose vehicles have been towed by a tow truck service, or released after hookup, upon release of the vehicle. 53 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 Sec. 21-408. Requirements for storage yard. (a) At the storage yard of each tow truck service, there shall be a sign prominently displayed specifying tow and storage rates. (b) If an attendant is not on duty twenty-four (24) hours a day, seven (7) days a week, to return vehicles upon the payment of towing and storage charges, the sign provided for in subsection (a) hereof shall also contain a telephone number where the owner, manager or attendant of the tow truck service storage yard may be reached at any time so that a towed vehicle may be reclaimed by its owner in a minimum amount of time, not to exceed two (2) hours. (c) Each truck service yard shall provide tow storage reasonable security and protection for all vehicles towed, whether such originates in City other jurisdiction, this tow or any including illumination during of the area hours of storage darkness, and including a fence enclosing the storage yard if an attendant or security guard is not on duty twenty-four (24) hours a day, seven (7) days a week. ( d) During the hours of darkness, the operator shall provide an area sufficiently illuminated to enable an owner to inspect a vehicle prior to removing it from the storage yard. (e) It shall be unlawful to operate any tow truck service storage yard or to deposit, impound or store any towed vehicle therein, unless said yard is in full compliance with the sign, 54 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 1316 security and lighting requirements of this Section and with all applicable zoning regulations, licensing requirements and permits, established by this Code. Sec. 21-409. Tow truck service operator's log. use Tow trucks service operators shall, within thirty (30) minutes of vehicle hook up, complete a record of the make, model, year and vehicle identification if of the vehicle, its number, known, license number and state of issuance, the time, date and place of removal, the name of the tow truck operator who made the tow and, for each entry of tow, the signature of the owner of the private lot, or his representative, requesting and authorizing the tow shall be required. A letter of authorization from the owner of the private lot or his representative, when carried in the tow truck making shall sufficient this be to meet the tow, latter requirement. Such record shall be retained by the tow truck service for less than (1 ) and shall be available not one year, for inspection by City police during normal business hours of the tow truck service owner, including any time that a vehicle is being impounded or reclaimed. Failure to keep and retain such a record, or omitting to make a true and complete entry for each vehicle towed, or failure to surrender such record to any police officer upon request shall be unlawful. 55 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 Sec. 21-410. Miscellaneous prohibited acts by tow truck service or operator. Except when acting as an agent in the legal repossession of a vehicle, it shall be unlawful for any tow truck service or operator to: (1) Tow or otherwise move a vehicle from any area or portion of a public street without either the consent of the owner or custodian of the vehicle or authorization from a police officer or other designated official of the City. (2) Block the movement of or tow or otherwise move a vehicle from any private road, driveway or any other privately owned land property wi thin City without the or the consent of the owner or custodian thereof, unless: (i) The vehicle is parked in a designated parking space of decal-controlled parking and is not a area displaying a decal or other form of authorization issued the lessee of such by owner, or agent parking area; (ii) The vehicle is parked in a designated parking space of a non-decal-controlled parking area during any period the business(es) serviced the by when parking is (are) open, and the tow truck operator obtains the written consent of the owner, lessee or agent of such parking area prior to towing the vehicle; or 56 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 (iii) The vehicle is parked in a non-decal-controlled parking during period the area any when business (es) serviced by the parking area is (are) closed, and towing is enforced twenty four (24 ) hours a day by such business(es); or (iv) The vehicle is parked on any portion of a parking area in such manner as to block ingress or egress to the parking block access to to a area, or dumpster or properly marked service or delivery area, or is otherwise parked in a portion of the parking area that is not specifically designated, by lines, curbs or similar markings, as an area for the parking of vehicles. No vehicle shall be towed pursuant to subsections (i) (ii) , (iii), or (iv) unless there is a written contract between the tow truck service and the owner, lessee or agent of the parking area to remove all unauthorized vehicles from the parking area, the tow truck operator has a copy of such contract in his or her possession, and the owner, lessee or agent has complied with all of the signage requirements set forth in § 21-403. (3) Tow or otherwise move a vehicle from any private road or or 1364 1365 driveway, from any other privately owned land or property wi thin the City to a place out of the City 57 1366 1367 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 wi thout the consent of the owner or custodian of the vehicle; provided that, after a period of not less than twenty-four (24) hours following the initial towing of a vehicle, as recorded in the police dispatcher's log, any such vehicle may be moved to a storage area located outside of the City, with prior notification to approval of the police department. Notwithstanding the above, if a tow truck service or operator owns or leases a storage area located outside of the City, and such storage area is closer to the location from which a vehicle is towed than the closest in-city storage area owned or leased by the tow truck service or operator, such vehicle may be initially towed to the storage area and located outside of the City, provided the tow truck service or operator is authorized to do business in both cities, fee greater than that charges a not fee authorized in Virginia Beach and invoices the tow in Virginia Beach. (4 ) Block any vehicle, other than when on the property of the tow truck service, to prevent the movement thereof by its owner or custodian who has appeared prior to the vehicle being hooked up and desires to move the vehicle. (5) Wai t for employment by standing or parking on public property. 58 1390 ( 6) 1391 1392 (7 ) not 1393 1394 1395 ( 8 ) 1396 1397 1398 1399 1400 1401 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 Drive a tow truck or wrecker along any street to solicit towing. Tow or otherwise move a vehicle from any place in the city utilizing a wrecker tow truck which or insured as required by § 18-55.1 of this Code. Provide information police dispatcher to false any concerning any vehicle towed. ( 9) Require the owner of any towed vehicle to wait for a period exceeding two (2) hours for release of a vehicle. Any delay over two (2) hours caused by failure to monitor or respond to calls placed to the operator's designated telephone number shall constitute a violation of this Section. (10) Move any vehicle to any intermediate place of storage, or to any location other than to the registered secure is storage yard of a tow truck service, unless specifically requested by the owner or custodian of said vehicle. (11) During initial twenty-four (24 ) after hours the vehicle towed by any owner and request is upon custodian currently licensed vehicle, deny of a prevent to said vehicle for purpose whether or not the owner or the access removing personal items, the or or of custodian is then able to reclaim the vehicle. After the initial twenty-four (24) hours has expired and upon the 59 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 1428 1429 1430 1431 1432 1433 1434 1435 1436 1437 request by any owner or custodian of a currently licensed vehicle, no tow truck service or operator shall refuse to allow such owner or custodian access to such vehicle once per day between the hours of 8:00 a.m. and 5:00 p.m. (12) Assess any charge or fee in excess of, or in addition to, the charges and fees authorized by this Division. (13) Fail to provide a monetary receipt, for each and every fee collected, containing the notice provision outlined in § 21-407(e). (14) Fail to make the survey and comment form developed by the Towing Advisory Board available when the vehicle is retrieved. Sees. 21-411 - 21-499. Reserved. ARTICLE V. VEHICLE SIZE, WEIGHT AND LOAD. Sec. 21-500. Temporary reduction of weight limit. (a) The City Manager may make, promulgate and enforce rules and regulations decreasing the weight limits prescribed in sections 46.2-1122 through 46.2-1127 of the Code of Virginia, for a total period not to exceed ninety (90) days in any calendar year, when an engineering discloses operation vehicles over of that study highways or streets under the jurisdiction of the City, by reason of deterioration or rain, snow or other climatic conditions, will seriously damage such highways or streets unless such weights are reduced. 60 1438 1439 1440 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1457 1458 1459 1460 1461 1462 (b) In all instances where the limits for weight have been reduced by the City Manager pursuant to this Section, signs stating the weight permitted on such highway or street shall be erected at each end of the section of highway or street affected and no such reduced limits shall be effective until such signs have been posted. (c) It shall be unlawful for any person to operate a vehicle or combination of vehicles over or upon any highway, street or section thereof when the weight exceeds the maximum posted by authority of the City manager pursuant to this Section. (d) Any person convicted of a violation of any provision of this Section shall be punished by a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00), or be confined in jail for not less than one day nor more than six (6) months, both, and the vehicle combination vehicles or or of involved in such violation may be held upon an order of the court until all fines and costs have been satisfied. Sec. 21-501. Special pe~its for oversize and overweight vehicles general.l.y. (a) The City Manager may, in his discretion, upon application in writing and good cause being shown therefore, issue a special permit in writing authorizing the applicant to operate or move a vehicle upon the highways of the City of a size or weight exceeding the maximum specified this Article. otherwise Except in as specifically provided, every such permit may designate the route to 61 1463 1464 1465 1466 1467 1468 1469 1470 1471 1472 1473 1474 1475 1476 1477 1478 1479 1480 1481 1482 1483 1484 1485 1486 be traversed and contain any other requirements or conditions deemed necessary by the City Manager. For permits other than those specified in subsections (b), (c) and (d), the following processing fees shall be charged: (1) Annual (blanket) permit. . . $300.00 (2 ) Restricted equipment. . . 75.00 (3) Single trip permit. . . 75.00 (b) Special permits to operate or move a vehicle upon the highways of the City of a weight exceeding the maximum specified in this Article shall be granted without cost where the vehicle is hauling or carrying containerized cargo in a sealed, seagoing container bound to or from a Virginia seaport and has been or will be transported by marine shipment, provided the single axle weight does not exceed twenty thousand (20,000) pounds, the tandem axle weight does not exceed thirty-four thousand (34,000) pounds and the gross weight does not exceed eighty thousand (80,000) pounds, and provided the contents of such seagoing container are not changed from the time it is loaded by the consignor or his agents to the time it is delivered to the consignee or his agents. Cargo moving in vehicles conforming to specifications shown in this subsection but exceeding axle and gross weight limitations shown in this subsection shall be considered irreducible and eligible for permits under regulations of the Highway and Transportation State Commission. The requirement of this paragraph that the container be 62 1487 1488 1489 1490 1491 1492 1493 1494 1495 1496 1497 1498 1499 1500 1501 1502 1503 1504 1505 1506 1507 1508 1509 1510 bound to or from a Virginia seaport need not be met if the cargo in the container (i) is destined for a seaport outside Virginia and (ii) in part of that consists of farm products wholly grown Virginia separated from the larger part of the Commonwealth by the Chesapeake Bay. (c) The City Manager upon application in writing made by the owner or operator of three-axle vehicles used exclusively for the mixing in project or for site transit of at concrete or a transporting necessary components in a compartmentalized vehicle to produce concrete immediately upon arrival at the project site, and having a gross weight not exceeding sixty thousand (60,000) pounds, a single axle weight not exceeding twenty thousand (20,000) pounds, and a tandem axle weight not exceeding forty thousand (40,000) pounds, shall issue to such owner or operator, wi thout cost, a permit in writing authorizing the operation of such vehicles upon the City. issued permit shall be highways of the No such authorizing in this operation vehicles enumerated the of the subsection for a distance of more than twenty-five (25) miles from a bat ching plant; however, the said permit shall not designate the route to be traversed nor contain restrictions or conditions not applicable to other vehicles in their general use of the highways. (d) The City Manager, upon application in writing made by the owner or operator of three-axle passenger buses, consisting of two (2) sections joined together by an articulated j oint with the 63 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 1521 1522 1523 1524 1525 1526 1527 1528 1529 1530 1531 1532 1533 1534 trailer being equipped with a mechanically steered rear axle, and having a gross weight not exceeding sixty thousand (60,000) pounds, a single axle weight not exceeding twenty-five thousand (25,000) pounds and a width not to exceed one hundred two (102) inches, shall issue to such owner or operator, without cost, a permit in writing authorizing operation vehicles upon the the of such highways. (e) No permit issued under this Section providing for a single axle weight in excess of twenty thousand (20,000) pounds or for a tandem axle weight in excess of thirty-four thousand (34,000) pounds shall be issued to include travel on the federal interstate system of highways. (f) Each vehicle, when loaded according to the provisions of a permit issued under this Section, shall be operated at a reduced speed. The reduced speed limit shall be ten (10) miles per hour slower than the legal limit in fifty-five (55), forty-five (45) and thirty-five (35) miles per hour speed limit zones. (g) Every permit issued under this Section shall be carried in the vehicle to which it refers and shall be open to inspection by any officer and it shall be a misdemeanor for any person to violate any of the terms or conditions of such special permit. Sec. 21-502. Penalty for violation of weight limits. Any person violating any weight limits as provided in this Chapter permit issued either by the Department of or any 64 1535 1536 1537 1538 1539 1540 1541 1542 1543 1544 1545 1546 1547 1548 1549 1550 1551 1552 1553 1554 Transportation or by the City pursuant to this Article shall be subject to a civil penalty of twenty-five dollars ($25.00) and a processing ($20.00) in addition to fee of twenty dollars any liquidated damages and weighing fees imposed by this Article. Upon collection by the Department or by the court, the civil penalty shall be forwarded to the City Treasurer, to be allocated to the fund appropriated for the construction and maintenance of City highways; and the processing be paid to fee shall the state treasury to be used to meet the expenses of the Department of Motor Vehicles. The penal ties, damages and fees specified in this Article shall be in addition to any other liability which may be legally fixed against the owner, operator or other person charged with the weight violation for damage to a highway or bridge attributable to such weight violation. Sec. 21-503. Reduction of noise from loads. No vehicle shall be loaded with materials likely to create loud noises by striking together, without using every reasonable effort to deaden the noise. Sees. 21-504 - 21-599. Reserved. 65 1555 1556 1557 1558 1559 1560 1561 1562 1563 1564 1565 1566 1567 1568 1569 1570 1571 1572 1573 1574 CHAPTER 23 OFFENSES - MISCELLANEOUS Sec. 23-7.4. Duty to obey traffic signs and signals and orders of police officers. Pedestrians shall obey signs and signals erected on highways or streets for the direction and control of travel and traffic and they shall obey the orders of police officers engaged in directing travel and traffic on the highways and streets. Violations of this section shall be punished by a fine not exceeding two hundred dollars ($200.00) for each offense. CHAPTER 33 STREETS AND SIDEWALKS Sec. 33-9.1. Pe~its for parades and processions. No procession or parade, excepting the forces of the United States Army or Navy, the military forces of the state, the forces of the police fire and city departments of the and funeral processions, shall occupy, march or proceed along any street or highway in the City, except in accordance with a permit issued by the city manager and such other regulations as are set forth in Chapter 21 which may apply. 66 1575 1576 1577 1578 1579 1580 1581 1582 1583 1584 1585 1586 1587 1588 1589 1590 1591 1592 1593 1594 1595 1596 1597 CHAPTER 35 TAXATION ARTICLE XV. LOCAL VEHICLE LICENSE. Sec. 35-275. Local vehicle license term; definition. (a) After the transition period described in this Article, the license motor vehicles, trailers and for the for term semitrailers required by this Article shall be one (1) year, which shall correspond to the identical period for the state vehicle registration for that vehicle, trailer or semitrailer. Every local vehicle license term shall begin at the time when the vehicle, trailer or semitrailer is registered by the State Department of Motor Vehicles, expire time and shall the the at state same registration expires, which is the last day of the twelfth month next succeeding the date of registration, as provided by Code of Virginia § 46.2-646. Every local vehicle license, unless otherwise provided, shall be renewed annually on application by the owner and by payment of the fees required by law, with the renewal to take effect first day of the month succeeding the date of on the expiration. If the State Department of Motor Vehicles offers a quarterly or multi-year registration option and if the vehicle owner chooses this option, then the local vehicle license term shall match the term chosen by the owner for the state vehicle registration, with the annual fee prorated as necessary. 67 1598 1599 1600 1601 1602 1603 1604 1605 1606 1607 1608 1609 1610 1611 1612 1613 1614 1615 1616 1617 1618 1619 1620 1621 (b) As used in this Article, "local vehicle license" shall mean the license authorized by Code of Virginia § 46.2-752 to be required for motor vehicles, trailers and semitrailers. (c) Notwithstanding the provisions of subsection (a), if the State Department of Motor Vehicles offers a permanent registration option and if the vehicle owner chooses this option, then the term of the local vehicle license for this vehicle shall correspond to the period for which the state registration is valid, subject to payment of the fee established in § 35-280 of this Article. No further fee shall be required as long as the title for the vehicle remains vested in the owner. Furthermore, no fee shall be charged for any vehicle permanently licensed by the state prior to January 1, 2003. Sec. 35-276. Applicability of Article. The requirements of this Article shall be applicable to any motor vehicle, trailer or semitrailer normally garaged, stored or parked in this City. If it cannot be determined where any vehicle is normally garaged, stored or parked, or if the owner of any vehicle is a student attending an institution of higher education, then the requirements of this Article shall be applicable if the owner of such vehicle is domiciled in this City. Sec. 35-277. General procedure. (a) Pursuant to a contractual arrangement with the City, the State Department of Motor Vehicles shall collect the local vehicle 68 1622 1623 1624 1625 1626 1627 1628 1629 1630 1631 1632 1633 1634 1635 1636 1637 1638 1639 1640 1641 1642 1643 1644 license fees required by this article, or portions thereof, for the City, as authorized by Code of Virginia, § 46.2-756. Local vehicle license fees shall be collected at the same time state vehicle registration fees are remitted. (b) No vehicle shall be subject to a local vehicle license tax or fee in more than one (1) jurisdiction for the same time period. (c) The following shall govern situations in which a vehicle acquires situs in the City after a local vehicle license has been issued by jurisdiction participate the in that does not a department of motor vehicles' local vehicle registration program: ( 1) registration expires before the local If the state vehicle license, then a prorated portion of the local license fee, giving credit for the months paid in the other non-participating jurisdiction, shall be due when the state registration is renewed; and (2 ) If the state registration expires after the local vehicle license, no local vehicle license fee shall be charged for the time period between the expiration of the local vehicle license issued by the non-participating locality and the expiration of the state registration. (d) Proration not be vehicle license shall of the fee required when a vehicle acquires situs in the City after a local 69 1645 1646 1647 1648 1649 1650 1651 1652 1653 1654 1655 1656 1657 1658 1659 1660 1661 1662 1663 1664 1665 1666 1667 1668 vehicle license for this vehicle has been purchased through the Department of Motor Vehicles' local vehicle registration program. Sec. 35-278. Exemptions. (a) No person shall be required to pay the local vehicle license fee prescribed by this Article on any vehicle for which a registration certificate and license is not required by Code of Virginia, Title 46.2, on any vehicle specifically exempt under the provisions of Code of Virginia, § 46.2-755, or on any vehicle owned solely by a person in active military service, who is in the City solely by reason of military orders and who has a legal residence in a state other than Virginia. (b) Upon presentation to the Commissioner of the Revenue of proof the vehicle under this Section, the is exempted that commissioner of the revenue shall notify the State Department of motor vehicles that no fee is required for such vehicle; provided, however, that military personnel from this section who exempt register a vehicle in Virginia for the first time must initially report this status to the Department of Motor Vehicles. The form of this proof shall be a military leave and earnings statement current within ninety (90) days. (c) In the event that the status of the owner of the vehicle changes so as to no longer qualify the vehicle for the exemption provided herein, the owner shall notify the Commissioner of the Revenue within ten (10) days of the date of such change in status, 70 1669 1670 1671 1672 1673 1674 1675 1676 1677 1678 1679 1680 1681 1682 1683 1684 1685 1686 1687 1688 1689 1690 1691 and shall comply with all other provisions of this Article. The Commissioner of the Revenue shall notify the State Department of Motor Vehicles of each such change in status. Sec. 35-279. Application. The local vehicle license application shall be combined with the state vehicle registration application in a form satisfactory to the City Manager and the State Department of Motor Vehicles. Each local vehicle license shall paid to the State be fee Department of Motor Vehicles at the same time as the state vehicle registration fee is collected, as authorized by Code of Virginia, § 46.2-756. Sec. 35-280. License requirement; imposition of fee. (a) There is hereby imposed a requirement for a local vehicle license, for the terms as established by this Article, on motor vehicles, trailers and semitrailers, regularly kept in the City and used upon public roadways of the City. The amount of the fee for this license shall be as set forth in the following subsections of this Section, and shall be due annually at the same time the state registration is specifically provided for obtained, unless otherwise. valid registration, issued by State the A vehicle Department of Motor Vehicles after April 21, 2003, shall, as necessary, document compliance with the local vehicle license requirements imposed by this ordinance and serve as a license. 71 1692 1693 1694 1695 1696 1697 1698 1699 1700 1701 1702 1703 1704 1705 1706 1707 1708 1709 1710 1711 1712 1713 1714 1715 (b) The license fee on a motor vehicle, designed and used for of which is self-propelled or the transportation except as designed passengers, for self-propulsion, shall be, otherwise specifically provided in this Section, imposed in accordance with the following schedule: ( 1) Motor vehicles weighing four thousand (4,000) (2 ) pounds or less, and pickup trucks with a gross weight of four thousand (4,000) pounds or less . . . . . . . . . . . . . . . . . . . . . . . $25.00 Motor vehicles weighing than four more thousand (4,000) pounds, and pickup trucks with a gross weight from four thousand and one (4,001) pounds to seven thousand five hundred (7,500)pounds................ $30.00 (3 ) Motorcycle.................. $23.00 (4 ) Antique motor vehicles licensed permanently pursuant to Code of Virginia, 46.2-730 § (motorcycles or cars). . . . . . . . . . . . . $13.50 (5) Any motor vehicle, trailer or semitrailer upon which well-drilling machinery is attached and which is permanently used solely for transporting such machinery and any specialized mobile equipment as defined by Code of Virginia, § 46.2-700 . . . . . . . $15.00 72 1716 1717 1718 1719 1720 1721 1722 1723 1724 1725 1726 1727 1728 1729 1730 1731 (c) (1) Unless otherwise specified in this Article, the license fees for trailers and semitrailers not designed and used for the transportation of passengers on the highways in the commonwealth shall be as follows: Registered Gross Annual Fee Permanent Fee Weight 0-1,500 lbs. $ 7.50 $ 52.00 1,501-4,000 $18.00 $ 52.00 4,001 lbs and above $25.50 $ 52.00 (2) The license fee for each trailer or semitrailer designed for use as living quarters for human beings shall be twenty-five dollars ($25.00). (3) The license fee for all trailers designed exclusively to transport boats or horses shall be seven dollars and fifty cents ($7.50). (d) There is hereby imposed a license fee, to be paid by the owner, upon each motor vehicle not designed and used for the transportation of passengers, whether operated under lease or not. The amount of the license fee shall be determined by the gross weight of the vehicle or combination of vehicles of which it is a part, when loaded the maximum capacity which it is for to 73 1732 registered 1733 schedule: 1734 Pounds and licensed by the state, according to the following Fee 1735 4,000 or less . 1736 4,001--16,000 . 1737 16,001--17,000 1738 17,001--18,000 . . . 1739 18,001--19,000 . . . 1740 19,001--20,000 . . . 1741 20,001--21,000 . . . 1742 21,001--22,000 1743 22,001--23,000 . . . 1744 23,001--24,000 1745 24,001--25,000 . . . 1746 25,001--26,000 1747 26,001--27,000 . . . 1748 27,001--28,000 1749 28,001--29,000 . . . 1750 29,001--30,000 1751 30,001--31,000 . . . 1752 31,001--32,000 1753 32,001--33,000 . . . 1754 33,001--34,000 . . . 1755 34,001--35,000 . . . $24.00 29.00 30.80 32.10 33.40 34.70 36.00 37.30 38.60 39.90 41. 20 42.50 43.80 45.10 46.40 47.70 49.00 50.30 51. 60 52.90 54.20 74 1756 35,001--36,000 . . . 55.50 1757 36,001--37,000 . . . 56.80 1758 37,001--38,000 . . 58.10 1759 38,001--39,000 . . . 59.40 1760 39,001--40,000 . . . 60.70 1761 40,001--41,000 . . . 62.00 1762 41,001--42,000 . . 63.30 1763 42,001--43,000 . . . 64.60 1764 43,001--44,000 . 65.90 1765 44,001--45,000 . . 67.20 1766 45,001--46,000 . . 68.50 1767 46,001--47,000 . . . 69.80 1768 47,001--48,000 . 71.10 1769 48,001--49,000 . . . 72.40 1770 49,001--50,000 . . . 73.70 1771 50,001--51,000 . . . 75.00 1772 51,001--52,000 . . 76.30 1773 52,001--53,000 . . . 77.60 1774 53,001--54,000 . . . 78.90 1775 54,001--55,000 . 80.20 1776 55,001--56,000 . . . 81.50 1777 56,001--56,800 . . . 82.80 1778 56,801 & over . . . 85.00 75 1779 1780 1781 1782 1783 1784 1785 1786 1787 1788 1789 1790 1791 1792 1793 1794 1795 1796 1797 1798 1799 1800 1801 1802 (e) In the case of a combination of a truck or tractor truck and a trailer or semitrailer, each vehicle constituting a part of such combination shall be registered as a separate vehicle, and a separate local vehicle license fee shall be imposed thereon, but, for the purpose of determining the gross weight group into which any such vehicle falls pursuant to subsection (d) of this Section, the combination of vehicles of which such vehicle constitutes a part shall be considered a unit, and the aggregate gross weight of the entire combination shall determine such gross weight group. In determining the fee to be paid for the local license for a truck or tractor truck constituting a part of such combination, the fee shall be assessed on the total gross weight of the combination when loaded to the maximum capacity for which it is registered and licensed. However, there shall be no deduction from this fee for the local vehicle license fee of the trailer or semitrailer in the combination. Sec. 35-281. Transition period, billing and schedule. (a) A transition as wi th prorated license fees, period, authorized by Code of Virginia, § 46.2-752, will be necessary to adjust to a system in which the term of each local vehicle license conforms to state registration renewal periods. The transition period shall cover the time from January 1, 2003, through June 30, 2005; administered the transition billing by the shall be Department of Motor Vehicles during 2003. 76 1803 1804 1805 1806 1807 1808 1809 1810 1811 1812 1813 1814 1815 1816 1817 1818 1819 1820 1821 1822 1823 1824 1825 1826 1827 (b) The transition billing shall modify the local vehicle license term from the twelve-month period to correspond to the date that the state registration period for that vehicle expires. During this period, the local vehicle license fee amount shall equal one- twelfth of the annual fee required for that vehicle, trailer or semitrailer, multiplied by the number of months from January 1, 2003 until the state registration for the vehicle must be renewed; this determination the day preceding shall made be on implementation of local vehicle licensing through the department of motor vehicles. Sec. 35-282. Proration of fee. If proration is necessary in any case, a license fee equal to one-twelfth of all fees required for that vehicle, trailer or semitrailer, multiplied by the number of months for which a local registration fee is owed within the state registration period, shall be collected. The fee shall be computed to the nearest cent. Sec. 35-283. Payment of personal property taxes and local vehicle license fees prerequisite to state licensing; duties of City Treasurer. (a) Code Virginia, § 46.2-752 (J), Pursuant to of Commissioner of the State Department of Motor Vehicles shall not issue or renew any state vehicle registration of any applicant therefor who the vehicle fees license owes Ci ty any local delinquent personal property tax. Before being issued any state vehicle registration or renewal of such license or registration by 77 the the or 1828 1829 1830 1831 1832 1833 1834 1835 1836 1837 1838 1839 1840 1841 1842 1843 1844 1845 1846 the Commissioner of the State Department of Motor Vehicles, the applicant must first pay all such local vehicle license fees and delinquent personal and satisfactory property taxes present evidence that all such local vehicle license fees and delinquent personal property taxes have been paid in full. (b) The Treasurer shall have the duty of transmitting all necessary information about unpaid delinquent personal property taxes to the State Department of Motor Vehicles required to ensure that no license is issued to any person with delinquent personal property taxes. If a license is denied by the Department of Motor Vehicles due to unpaid personal property taxes, the Treasurer shall update records of the Department of Motor Vehicles after such taxes have been paid or exonerated by the Commissioner of the Revenue. Sec. 35-284. Vehicle license at no charge for members of volunteer fire companies or rescue squads, auxiliary police officers, volunteer police chaplains, auxiliary deputy sheriffs, disabled veterans and survi ving spouses of disabled veterans. For members of the various volunteer fire companies and rescue squads in the City, auxiliary police officers serving the City, volunteer police chaplains of the City, auxiliary deputy sheriffs serving disabled Code of exempted by City, the veterans as Virginia, § 46.2-756(B) there shall be no charge for local vehicle licenses, in accord with the following provisions: (1 ) No license fee shall be charged for one (1) vehicle owned by each active member of the various volunteer fire companies and 78 1847 1848 1849 1850 1851 1852 1853 1854 1855 1856 1857 1858 1859 1860 1861 1862 1863 1864 1865 1866 1867 1868 1869 1870 rescue squads, each active auxiliary police officer, each active volunteer police chaplain, each active auxiliary deputy and sheriff, and each such volunteer who, although presently inactive, has completed ten (10) or more years of active service in the City. Such persons shall submit a letter to the Commissioner of the Revenue from the Chief of his fire company or rescue squad or, in the of auxiliary police officers volunteer police and case chaplains, from the Chief of Police, or in the case of auxiliary deputy sheriffs, from the Sheriff, stating that he is an active member of the company or squad or is an active auxiliary police officer, volunteer police chaplain or auxiliary deputy sheriff, or that, if inactive, he has completed ten (10 ) or more years of active service. The preceding exemption from the license fee shall apply to active members of volunteer fire companies and rescue squads, and each active auxiliary police officer, volunteer police chaplain and auxiliary deputy sheriff, regardless of whether the volunteer owns or leases the vehicle for which the exemption is requested. (2 ) Each such volunteer fire company or rescue squad member, auxiliary police officer, volunteer police chaplain and auxiliary deputy sheriff shall, at the time the license fee is exempted, agree to notify the Commissioner of the Revenue, if and when such volunteer becomes inactive prior to completing ten (10) or more years of active service. 79 1871 1872 1873 1874 1875 1876 1877 1878 1879 1880 1881 1882 1883 1884 1885 1886 1887 1888 1889 1890 1891 1892 1893 1894 (3) The Chief of each volunteer fire company and rescue squad, the Chief of Police, and the Sheriff shall submit to the Commissioner the and length active of of the Revenue names volunteer service of members, auxiliary police officers and police chaplains and auxiliary deputy sheriffs who become inactive. ( 4 ) No local vehicle license fee shall be charged for one (1) motor vehicle owned and personally used by any disabled veteran and each surviving spouse of a disabled veteran exempted from paying an annual registration fee by Code of Virginia, § 46.2-739(B). Sec. 35-285. Disposition of taxes generally. All local vehicle license fees collected under this Article by the State Department of Motor Vehicles shall be deposited into a fiduciary account and held in trust for the City. Each month, such fees shall be delivered to the City Treasurer, who shall credit such fees to the general fund of the City. Sec. 35-286. Refund for unused portion of license fee. Any person who has paid a current license fee, and who moved out of state, or who disposes of the vehicle for which it was paid or otherwise surrenders its registration, may inform the State Department of Motor Vehicles, and request a refund for the unused portion of the license fee paid under this Article. The State Department of Motor Vehicles applicant a the shall refund to prorated portion, in six-month increments, of the local vehicle license fee, if application for the refund is made when six (6) or 80 L____.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Approve and Authorize the Assignment of the Agreement of Purchase and Sale for and the Acquisition of a 38+/- Acre Parcel of Real Property for $5,000,000 from OBFP, Inc., a Virginia corporation, for location of the Virginia Aquarium's Animal Care Annex MEETING DATE: December 13, 2005 . Background: The City's Virginia Aquarium & Marine Science Center (the "Aquarium") and the Virginia Aquarium & Marine Science Foundation, Inc., (the "Foundation") have been working for several years to identify a site for a new Animal Care Annex. The Animal Care Annex is the Aquarium's operational support facility that includes animal holding for exhibits and outreach programs, and the marine animal stranding center. In the past year, the City conducted an assessment of five potential sites for the location of the new Annex. One of the five sites, a 38 +/- acre parcel owned by OBFP, Inc., has been identified as an ideal location for the Annex. The site lies across Owls Creek from the Aquarium's Marsh Pavilion and north of the Ocean Breeze and Motor World entertainment complexes. Approximately 24 acres of the site are located adjacent to Owls Creek. Of the remaining acreage, 8.5 acres are adjacent to Birdneck Road, and 6+ acres encompass a narrow strip north of the Ocean Breeze and Motor World parking areas. The property to the north of the site is owned by the Navy. There are several reasons why this site is so desirable for the City and the Aquarium. First, the site's proximity to the Aquarium and availability of saltwater access are very advantageous to the needs of the Aquarium. The site is directly adjacent to Owls Creek and is within sight range of the Aquarium's Marsh Pavilion and outdoor trails. Second, acquisition of this site will place all of the remaining undeveloped land adjacent to the Aquarium and Owls Creek in the hands of the City. Commercial development of this land could have a negative impact on the Aquarium experience and the Owls Creek watershed. Acquiring this parcel of land will be invaluable as a site for the new Annex and for the Aquarium as it moves to develop a master plan for its campus and expand its nature trails, exhibits, and facilities. The Foundation has contracted with OBFP, Inc. for the purchase of the 38+/- acre parcel for a total purchase price of $5,000,000. The contract is assignable and is contingent upon a satisfactory due diligence investigation. The Annex building project is included in the current Capital Improvement Program (CIP 3-292) and the budget includes $1,500,000 for site acquisition. The $3,500,000 balance will be paid from the Open Space fund (CIP-4-004), with the proviso that if any of the property purchased with Open Space funds is subsequently sold and/or used for purposes other than Open Space, the Open Space fund will be reimbursed accordingly. . Considerations: Purchase of the site provides the necessary property to allow future relocation from inadequate leased facilities presently being used. . Public Information: Advertisement of Council agenda. . Alternatives: Do not acquire the property and continue to use leased space. . Recommendations: Adopt the ordinance authorizing the City Manager or his designee to execute an Assignment Agreement and for the purchase the 38+/- acre parcel of real property from OBFP, Inc., and take all appropriate actions with respect thereto. . Attachments: Ordinance. Location Map. Summary of Terms. Recommended Action: Approval Submitting Department/Agency: Museums & Cultural Arts~ City Manager: ~)c... ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO APPROVE AND AUTHORIZE THE ASSIGNMENT OF THE AGREEMENT OF PURCHASE AND SALE FOR AND THE ACQUISITION OF A 38+/- ACRE PARCEL OF REAL PROPERTY FOR $5,000,000 FROM OBFP, INC. , A VIRGINIA CORPORATION, FOR LOCATION OF THE VIRGINIA AQUARIUM ANIMAL CARE ANNEX WHEREAS, a 38+/- acre parcel of real property located adjacent 15 to the Virginia Aquarium and Marine Science Center (the "Aquarium") 16 and Owls Creek has been identified as a prime site for the location 17 of the Aquarium's Animal Care Annex due to the site's proximity to 18 the Aquarium and the availability of saltwater access to Owls 19 Creek; 20 WHEREAS, OBFP, Virginia owns the corporation, Inc. , a 21 identified 38+/- acre site (the "Property"); 22 WHEREAS, the Virginia Aquarium & Marine Science Foundation, 23 Inc., a Virginia corporation (the "Foundation"), or its assigns, 24 has contracted to purchase the Property from OBFP by a certain 25 Agreement of and 12, (the 2005 Sale dated October Purchase 26 "Agreement") ; 27 WHEREAS, the Foundation is willing to assign to the City of 28 Virginia Beach (the "City") its rights under the Agreement for 29 purchase of the Property; 30 WHEREAS, the City Council of the City of Virginia Beach, 31 Virginia (the "City Council"), is of the opinion that the 32 assignment of the Agreement and the acquisition of the Property 33 pursuant to the Agreement would be in the best interest of the 34 City; 35 WHEREAS, funding for this acquisition is available and has 36 been appropriated in CIP 3-292 Animal Care Annex and CIP 4-004 37 Open Space Fund. 38 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 39 BEACH, VIRGINIA: 40 That City approves Council authorizes the and the 1. 41 assignment f or and the of the Agreement of Purchase and Sale 42 Acquisition 38+/- acre of real property (the parcel of a 43 "Property") for $5,000,000 from OBFP, Inc., a Virginia corporation, 44 by purchase pursuant to § 15.2-1800 of the Code of Virginia, 1950, 45 as amended, which Property is shown on Exhibit A attached hereto. 46 That the City Manager or his designee is authorized to 2. 47 execute, on behalf of the City of Virginia Beach, an Assignment of 48 Agreement of Purchase and Sale for the Property in accordance with 49 the Summary of Terms attached hereto as Exhibit B. 50 That funds for the acquisition of the Property have been 3. 51 appropriated as follows: 52 $1,500,000 from CIP 3-292 Animal Care Annex 53 $3,500,000 from CIP 4-004 Open Space Fund 54 That for any portion of the Property purchased with Open 4. 55 Space funds, if subsequently sold and/or used for purposes other 56 than Open Space, the Open Space Fund will be reimbursed accordingly. 5. That the City Manager or his designee lS further 57 58 59 authorized documents that may be necessary or all to execute 60 appropriate in connection with the assignment and purchase of the 61 Property, so long as such documents are consistent with the terms 62 contained in the Agreement, as assigned, are documents typically 63 executed and delivered in connection with real estate transactions 64 of this nature and are acceptable to the City Manager and the City 65 Attorney. 66 67 Adopted by the Council of the City of Virginia Beach, Virginia, on 68 the day of , 2005. APPROVED AS TO CONTENT ~Æ.~ Mus ms & Cultural Arts APPROVED AS TO LEGAL SUFFICIENCY ~;tJCAd La partment CA-9712 F:\Data\ATY\OID\REAL ESTATE\Assorted Projects\Virginia Aquarium - Animal Care Annex\assignment and acquisition ordinance.animal care annex.doc R-l PREPARED: November 30, 2005 £"H\ßIT A \ \ / / l./ / J -- LOCATION MAP PROPERTY OF OBFP, INC. GPIN 2416-67-8078 SCALE: 1" = 600' PREPARED BY PM' ENG. DRAFT, 22-NOV-2005 EXtt"BIT 1> SUMMARY OF TERMS OF AGREEMENT OF PURCHASE AND SALE AND ASSIGNMENT OF AGREEMENT OF PURCHASE AND SALE VIRGINIA AQUARIUM AND MARINE SCIENCE FOUNDATION, INC., or its Assigns FROM OBFP, INc. GPIN 2416-67-8078 PURCHASER: Virginia Aquarium and Marine Science Foundations, Inc., or its assigns (City of Virginia Beach) DEPOSIT: $1,000.00, to be applied to the purchase price CLOSING: 90 day due diligence period, closing 30 days after due diligence assuming contingencies met SIZE: 38.64 :t Acres DESCRIPTION: Parcel 3, Beach District, Eastern Shore Subdivision PURCHASE PRICE: $5,000,000.00 CONTINGENCIES: 90 day due diligence period, expires January 10, 2006 ASSIGNMENT: Contingent upon the appropriation of funds for the purchase of the property REAL ESTATE COMISSIONS: None F:\Oata\A TY\OIO\REAL EST A TE\Assorted ProjectsWirginia Aquarium - Animal Care Annex\Summary of Terms.doc - 26- Item V-I.4 0 RDINANCESIRESOL UTI 0 N ITEM # 54274 Upon motion by Councilman Reeve, seconded by Councilman Wood, City Council DEFERRED INDEFINITEL Y: Ordinance to AUTHORIZE a temporary encroachment into the City's right- of way for MARY K. and MICHAELL. SIZEMORE at 2401 Whaler Court re replacement of a fence (DISTRICT 5 - LYNNHA V£N) Voting: 9-0 (By Consent) Council Members Voting Aye: Harry £, Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Rosemary Wilson August 9, 2005 ,. .' ---- ---- 'is! I 'is! 'is! 'i1! t::l iß ia, ~ ~ ~ ~ ~ ~ 9. ~ I I ~ ~ ~ r-> ;;;;¡ IS! ~ IS! OCt.A~ \ l f£NC£ - - - - - - - - \ ---Q-" \ . \ '\ \ - ~-' \ ( - ~j \-~ ----' \\ - .1 LOCATION MAP SHOWING PROPERTY OF MARY K. SIZEMORE AND MICHAEL LOUIS SIZEMORE FOR A FENCE ENCROACHMENT AT 2401 WHALER COURT GPIN 1590-28-1848 SCALE: 1" = 1 00' PREPARED BY P.W. ENG. CADD 11-18-04 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment to allow an existing 4-foot high ornamental aluminum fence, which replaced a deteriorated wood fence of similar size at 2401 Whaler Court, property of Mary K. Sizemore and Michael L. Sizemore. MEETING DATE: December 13,2005 . Background: Mr. and Mrs. Sizemore have requested permission to encroach into a portion of the City's right of way known as Ocean Shore Avenue, formerly known as Ocean Avenue. The purpose of this encroachment, approximately 2 feet into the right of way, for a distance of approximately 30 feet, is to allow an existing 4-foot fence, which was installed to replace a deteriorated wood fence that was constructed approximately 15 years ago. This encroachment request was deferred by City Council at its formal session on August 9, 2005. . Considerations: Staff has reviewed the requested encroachment and recommended approval of same. . Public Information: Advertisement of City Council Agenda. . Alternatives: Approve the encroachment as requested, deny the encroachment, or add conditions as desired by Council . Recommendations: Staff recommends approval of this encroachment subject to the applicant complying with conditions set forth in the agreement. Authorize City Manager to sign agreement. . Attachments: Ordinance, Location Map, Agreement, Plat and Pictures Recommended Action: Approve lYe 3 q/iJ I 2 3 4 5 6 7 8 9 10 11 12 13 14 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY KNOWN AS OCEAN SHORE AVENUE, FORMERLY KNOWN AS OCEAN AVENUE, LOCATED AT 2401 WHALER COURT BY MARY K. SIZEMORE AND MICHAEL L. SIZEMORE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Mary K. Sizemore and Michael L. Sizemore desire to maintain a 4- 15 foot fence, encroaching approximately two feet for a distance of approximately thirty feet 16 into the City's right-of-way located at 2401 Whaler Court. 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's right-of-way subject to such terms and conditions as Council may prescribe. 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Mary K. Sizemore and 24 Michael L. Sizemore, their heirs, assigns and successors in title are authorized to 25 construct and maintain a temporary encroachment for a fence in the City's right-of-way 26 as shown on the map entitled: "PHYSICAL SURVEY OF LOT 1, BLOCK C 27 CHESAPEAKE BAY SHORES, SECTION III, RESUBDIVISION OF LOTS 'R', is', iT' AND A PORTION OF '0' AMENDED MAP - PROPERTY OF L YNNHAVEN BEACH 28 29 AND PARK CO. 2401 WHALER COURT, VIRGINIA BEACH, VA FOR SOLLIE W, 30 KELLIHAN & PATRICIA L. KELLIHAN" a copy of which is on file in the Department of 31 Public Works and to which reference is made for a more particular description; and 32 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 33 subject to those terms, conditions and criteria contained in the Agreement between the 34 City of Virginia Beach and Mary K. Sizemore and Michael L. Sizemore (the 35 "Agreement"), which is attached hereto and incorporated by reference; and 36 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 37 is hereby authorized to execute the Agreement; and 38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 39 time as Mary K. Sizemore and Michael L. Sizemore and the City Manager or his 40 authorized designee execute the Agreement. 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 42 day of ,2005. 43 44 ~PPROVED AS TO CONTENTS 45 'i:::illIDéS C. àf~ M.. 46 SIGNATURE roo R~I Fctãt DEPARTMENT 47 48 49 50 51 52 53 54 55 56 57 APPROVED AS TO LEGAL SUFFICIENCY AND FORM CA- 9351 PRjPAREQ: 7mO5 F; DataIATY Ordin NONOODE PW ORDIN CA9351 Sizemore.doc PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(c) (3) THIS AGREEMENT, made this 19th day. of October , 2004, by and , . between the CITY OF, VIRGJNIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and MARY K. SIZEMORE AND MICHAEL L. SIZEMORE, THEIR 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 1, Block C, Section 3, Chesapeake Bay Shores" as shown on plat entitled, "PLAT SHOWING CHESAPEAKE BAY SHORES SECTION III RESUBDIVISION OF LOTS R, S, T AND A PORTION OF Q AMENDED MAP - PROPERTY OF L YNNHA VEN BEACH AND PARK CO L YNNHA VEN BOROUGH VIRGJNIA BEACH VIRGINIA SCALE: 1" 40 OCTOBER 21 1977" on a plat recorded in Map Book 124 at Page 51, in the Clerk's Office of the Circuit Court in the City of Virginia Beach, Virginia, and being further designated and described as 2401 Whaler Court, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 4-foot fence encroaching approximately two feet into the City's right-of-way, for a distance of approximately thirty feet, "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 right of way, formerly known as Ocean Avenue and now known as Ocean Shore A venue "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPJN 1590-20-1848-0000 1 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 DolhE ($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 Encroaehr,\çnt will be constructed and maintained in accordance with the laws of the Commonwealth \'irginia and the City of Virginia Beach, and in accordance with the City's specifications and ~:ppI<jval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area <13 shown on that certain plat entitled: "PHYSICAL SURVEY OF LOT I, BLOCK C CHESAPEAKE BAY SHORES, SECTION In RESUBDIVISION OF LOTS 'R', 'S', 'T' AND A PORTION OF 'Q' AMENDED MAP - PROPERTY OF L YNNHA VEN BEAC:H AND PARK CO. 2401 WHALER COURT, VIRGJNIA BEACFL. VA. FOR SOLLIE W. KELLIHAN & PATRICIA I., KELLIHAN" a copy of which is attached hereto as Exhibit \' A \ and to whièh reference is made for a more particular description It is further expressly understood and agreed that the Temporary l'neroachment herein authorized terminates upon notice by the City to the Grantee, and that wit} I, ¡ dlirty (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 expen"es of such removal. It is further expressly understood and agreed that the Grantee shaH ~r\iJ;mnify and hold harmless the City, its agents and employees, trom and against all claIms, Ü;:¡m;:ges, losses and expenses including reasonable attorney's fees in case it shall be necessary [{) 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 Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 3 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, Mary K. Sizemore and Michael L. Sizemore, the said Grantee has caused this Agreement to be executed by hislher/their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGJNIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk 4 --þ1~ K ~ Mary K. izemore *-¡rl,f..A t"~~ Michael L. Sfl'emore STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , CITY MANAGER! AUTHORIZED , 2004, by DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGJNIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGJNIA BEACH. Notary Public My Commission Expires: 5 In the ~(Branch of Service) of the United States. I, Sho.ùC\ ))e.n~ \ ~ , a commission~d officer of the U5~ (Branch of Service) of the United States with the rank of E..n~'Cjn of Bo\~\'CT\C)rc. , MG("y\o.~\ (home address of commissioned officer), do certify that t-\¡<"ý r.. S17~ mD("e , whose name is signed to the writing ab~)Ve, bearing date on the \C\~ day of Oc.t-obe..<' ,2004, and who, or whose consort, is a c.. I' á.e..~ of the United States and whose address is ~4(}\ w.~\ Þ< c..+. , \J'("~m'\o.B(.8aLh , "\«"~""~c. , has acknowledged the same before me. Given under my hand this Iq+'" day of O<...-\cbe;( ,2004. ~L~'l:D .. Notary Public In the ~-.) 'f (Branch of Service) of the United States. I, S~ùn ~ c:.{ì'("\ 15 , a commissioned officer of the U S.J. (Branch of Service) of the United tates with the rank of E.,",g~~n of 8cL\*\n-.~{ ~ , . .M<\t1(\o.~ (home address of commissioned officer), do certify that j~l ad.S\'Z.e..t'1"1c('t' , whose name is signed to the writing above, bearing date on the ~ dayofOc.tcbe..r' ,2004, and who, or whose consort, is a c..\+I'Z..~r-. of the United States and whose address isól~C)' Whl\~~C...:\- , "\'-~Yn\c. Deacl-'I , v""-3""\e,¡ , has acknowledged the same before me. Given under my hand this \C\+'" day of ac_:~-aber , 2004. þhr- £ ~ Notary Public APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFIECIENCY AND FORM ~tffJì[ ~ (I ¿i.(I,II)~(;;/\ . 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CHESAPEAKE BAY SHORES SECTION m RESUBDIVISION OF LOTS'R STAND A PORTION 0' 0 AMENDED MAP - PROPERTY OF LYNNHAVEN BEACH AND PARK CO LYNNHAVEN BOROUGH VIRGINIA BEACH viRGINIA --_""""'" />,10"- 1,/f7'l 1_<:>1'1"'- .,¿f' ~ ""'" """""""$""""'" =","Py 7:4<4T rNE ~ $V/$/CW ...~ Ir ...--...'" ew ""., -"'41 """'............ n> """" "'_UC""",,<I _<»VL.,4r"""'~ ~IL"'r/- r>1 nv" ,su6DIYU/ON "'" .""""'" ...... /'" """"-""'Na<Y .4,."'-"0"- SCALE " 40 ....... . OCTO.E' 21 "77 _"I'D CHBW1U1IO a_ARD ADILI". I"" ......... .......... "", -¡ C'ï 'Zlt( .h' z... 0"" WfJ<"ð ... ~ <.:~ ~ DD "~:~:D. DD > ":S::í". ".~::.,~~¡; ~~f;" .~~o....",o ... '.. ....r . '" SECTION Ff'/E 8.6'A",. ----1 <"~ "'~\"" ",+0'- L=; "'. :~::~ -! "...»~. ""0 ":"'ì . . " ..1M' r : HA /IIIPSHIRE LANE "01 LAKE EOWA.D HORTH ."'" A ",,'.0 ,.u' .. ,., VIRG'H,. , ..,CI.!tJ:."""" C""'C",,"fV,,,.._. ~';':.""::_"... d.,. . "".::;~ SUBDIViSION OF LAKE EDWARD NORTH SECTION FIVE .ArSIOE .OROU.H - VIRG'H.. .EACH V/RØlN.. SCOI",OO Au,... "" ".." .....""..., " ",,"'... 5URmOR' ",..... ,:,~~,~~:'.~:~~T:,;::~,~ ,.. .. Of Of" ~-w- -= C.." "0 " r.." A,.. C.- .m'. rOt.S.'d",....," "'... - -------- 1 ~._-- ---:f' / '>7. 2 4. -. '" ( k- o"<"¡,, I .l~pl W HAL E: Ie CO u..R r City of Virgir1ia Beach LESLIE L. LILLEY CITY ATTORNEY ~~... I~-V'?Ä / ~r\ ~AiIG"'9"" .. ) '1N3 f ~ ./ :1 { ~S:I ðr;;// MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9004 (757) 427-4531 FAX (757) 426-5687 TOO (757) 427-4305 August 9, 2005 The Honorable Meyera E. Obemdorf, Mayor Members of City Council Municipal Center Virginia Beach, V A 23456 Re: Agenda for August 9, 2005 - Encroachment/Whaler Court - Agenda Item 1.4 Dear Mayor Obemdorf and Members of Council: As I advised you, an injunction action has been filed by property owners at 2411 Ketch Court regarding encroachments and the city easement between adjoining property owners, on Ketch Court and Whaler Court. Item 1.4 on your agenda is an encroachment request initiated by another property owner on Whaler Court.' While the two matters are unrelated, I recommend that you defer the encroachment request on your agenda today so that the issues common to both matters can be resolved in a consistent manner. Thank you for your consideration. Very truly yours, LLL:lh c: James K. Spore, City Manager Charlie M. Meyer, Chief Operating Officer I9tth Hodges Smith, City Clerk vDean Block, Public Works Director _?\ (\ (¿ LOCATION MAP ENCROACHMENT REQUEST FOR A WOOD FENCE SAN DRA C. MClAUGH LI N GPIN 2419-69-0568 MCLAUGHLlN.DGN M.j.S. PREPARED BY PM' ENG. CADD DEPT. FEB. 22, 2005 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Temporary Encroachment request in the City's right of way known as 82nd Street from Sandra Chalmers McLaughlin (AIKIA Sandra C. McLaughlin and Sandra Frances Chalmers McLaughlin). MEETING DATE: December 13, 2005 . Background: Sandra Chalmers McLaughlin (A/KIA Sandra C. McLaughlin and Sandra Frances Chalmers McLaughlin) requests permission for a temporary encroachment to maintain a fence 10' into the City's right of way located at 82nd. The fence was located 11' into the right of way when Mrs. McLaughlin purchased the property in 1996. In 2004 a new fence was built to replace the old fence that was in disrepair from age and damage done by Hurricane Isabel. The current location of the fence is a traffic hazard. In order to correct the traffic hazard, the City and Mrs. McLaughlin agreed that she will need to remove Tof the fence out of the right of way and apply for an encroachment to maintain the fence as shown in Exhibit "A". . Considerations: City Staff has reviewed the requested temporary encroachment and has recommended approval of same, subject to certain conditions outlined in the agreement. . Public Information: Advertisement of City Council Agenda. . Alternatives: Approve the encroachment as presented, deny the temporary encroachment, or add conditions as desired by Council. . Recommendations: Approve the request subject to the terms and conditions of the agreement. . Attachments: Ordinance, Agreement, Plat, Location Map and Pictures. Recommended Action: Approval of the ordinance ~ Submitting Depa entlAgency': Public Works/Real Estate. City Manager: +-- X:\Projects\Encroachments\Applicants\McLaughlin, Sandra 82nd Street - RB\Agenda.Frm.doc PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(c) (3) THIS AGREEMENT, made this 20th day of July , 2005 by and between the CITY OF VIRGJNIA BEACH, VIRGJNIA, a municipal corporation, Grantor, "City", and SANDRA CHALMERS MCLAUGHLIN (NKJA SANDRA C. MCLAUGHLIN AND SANDRA FRANCES CHALMERS MCLAUGHLIN), HER 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 10, Block 11, as shown on that certain plat entitled: "PLAN OF LOTS SITUATE IN PRINCESS ANNE CO., VA. LAID OUT BY CAPE HENRY SYNDICATE" and recorded in Map Book 7, Page 79 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and being further designated and described as 109 82nd Street, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing fence, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach 10' into a portion of an existing City right of way known as 82nd Street. "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPJN: NO GPIN ASSIGNED TO RIGHT OF WAY 2419-69-0568 NOW, THEREFORE, for and in consideration ofthe 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 cloth 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: "PHYSICAL SURVEY OF LOT 10, BLOCK 11 CAPE HENRY SECTION-D L YNNHA VEN BOROUGH, VIRGINIA BEACH, VIRGINIA FOR BRUCE C. McLAUGHLIN AND SANDRA C. McLAUGHLJN," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 2 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee 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 3 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, Sandra Chalmers McLaughlin (AIK/A Sandra C. McLaughlin and Sandra Frances Chalmers McLaughlin), the said Grantee has caused this Agreement to be executed by hislher/their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk ~11 VI k L k\-~ '<he ~C\ ~ "-- andra Chalmers McLaughlin (AIK/ A Sandra C. McLaughlin and Sandra Frances Chalmers McLaughlin) 4 STATE OF VIRGINIA CITY OF VIRGJNIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by DESIGNEE OF THE CITY MANAGER. , CITY MANAGER/AUTHORIZED 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. Notary Public My Commission Expires: STATE OF VIRGINIf>"f\(,;,,";~ PY\~ CITY/~ OF ~ f-o-wit: ~~" The foregoing instrument was acknowledged before me this day of '~2005, by Sandra Chalmers McLaughlin (AIK/A Sandra C. Mclaughlin and Sandra Frances Chalmers McLaughlin). My Commission Expires: ,3- 3/-C)(Q Notary Public APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFIC)ENCY AND FORM ~ 9 tJJ1tJIM \ \ C Jú "',J1i n}~ £. " . (" 'aO5C¡;.,. v SIGNATURE Pill Kud Es i~ ai¡ DEPARTMENT 5 X:\Projects\Encroachments\Applicants\McLaughlin, Sandra 82nd Street - RB\Agreement EncroachmentFrm.doc 6 " - Exhibit "A" BENCH MARK. INC, BEGINNING POINT OF DEVELOPMENT FLOOD DATA THIS PROPERTY APPEARS TO FALL INSIDE FLOOD ZONE AS SHOWN ON F.E,~.A, FLOOO MAP COMMUNITY NUMBER PANEL NUMBER 00100 , DATED 8118192 LJ ï::: ~ ~ f::! ~ 315~JI lL I PIN{FI -2 I .z 'flNif} 50' ð' WOOD fENCE .!Q. R. tI .ð- ~ CI C> C> ¡" <0 2.4' ~ I,D' ENCR, WOOD l¡l,NOING &. S TE:PS ~ C \0 '<:( 2 II2-S-F "'09 : : "t , , I-') ,..", 8,9' ~ 10'/ ~ " NINETEENTH STREET (PLA T) 82ND STRE:E:T {FInD, WE ACKNCMLECGE AND ACCEPr ALL E'J\SEJYlENrS RESTRICI'rONS AND ENCROAŒMENrs ON THIS SURVEY. PHYSICAL SURVEY OF LOT 10, BLOCK 1/ CAPE HENRY SECT/ON-D - L YNNHA YEN BOROUGH, YIRGINP~~ß.& ~F;?fl in FOR , BRUCE C, McLAUGHLIN AND SANDRA C McLAUGHLIN fí/ 17/96 Bruce C. HcLaughlin 6/ ¡ 7/96 BENCH MARK ôtGr~~I~G POlffT b¡jFI'1~v" n"VV"T - SCAli: ._--~~~--_.. D ATE, -. JUNf.iLi22IL - f>ROJ ~jO, '.2Q.:OJOii DPlIWN PY nil '. ..' CII £S/'IP£/'I /(£ 8/'1 Y LAKE JOYCE 1570-90-1127 BAWlllE.DGN M.).S. PREPARED BY P;W ENG. CADD DEPT. AUG. 30,2005 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachments requested into city property known as Lake Joyce located at the rear of 2345 Bayville Road, from the adjacent property owner, Michael T. Lynch and Jennifer Lynch. MEETING DATE: December 13, 2005 . Background: Mr. and Mrs. Lynch request permission to construct and/or maintain temporary encroachments for a proposed 5' x 26' wood pier, a 5' x 26' wood pier with a 10' x 16' L-head platform and an existing dock and riprap into a portion of the city property known as Lake Joyce located at the rear of 2345 Bayville Road. . Considerations: City Staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the agreement. . Public Information: Advertisement of City Council Agenda. . Alternatives: Approve the encroachments as requested, deny the encroachments, or add conditions as desired by Council. . Recommendations: Approve the request subject to the terms and conditions of the agreement. . Attachments: Ordinance, Location Map, Agreement, Plat and Pictures Recommended Action: Approve Submitting :~p~nLgency: Public Works~ ~ City Manag~~ K/fr 1 2 3 4 5 6 7 8 9 10 II 12 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY KNOWN AS LAKE JOYCE BY MICHAEL T. LYNCH AND JENNIFER LYNCH, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Michael T. Lynch and Jennifer Lynch desire to construct and 13 maintain a 5-foot by 26-foot pier and a 5-foot by 26-foot pier with a 10-foot by 16-foot L- 14 head platform and maintain existing riprap and an existing dock within the City's 15 property known as Lake Joyce and located at the rear of 2345 Bayville Road. 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's property subject to such terms and conditions as Council may prescribe. 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Michael T. Lynch and 23 Jennifer Lynch, their heirs, assigns and successors in title are authorized to construct 24 and maintain a temporary encroachment for a 5-foot by 26-foot pier, a temporary 25 encroachment for a 5-foot by 26-foot pier with a 10-foot by 16-foot L-head platform and 26 a temporary encroachment to maintain existing riprap and an existing dock in the City's 27 property as shown on the map marked Exhibit "A" and entitled: "PLAN VIEW FOR M.T. 28 LYNCH 2345 BAYVILLE RD. VA BEACH, VA 23455", dated March 23, 2005 and 29 revised June 21, 2005, a copy of which is on file in the Department of Public Works and 30 to which reference is made for a more particular description; and 31 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 32 subject to those terms, conditions and criteria contained in the Agreement between the 33 City of Virginia Beach and Michael T. Lynch and Jennifer Lynch (the "Agreement"), 34 which is attached hereto and incorporated by reference; and 35 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 36 is hereby authorized to execute the Agreement; and 37 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 38 time as Michael T. Lynch and Jennifer Lynch and the City Manager or his authorized 39 designee execute the Agreement. 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 41 day of 2005. 42 43 44 45 PROVED AS TO CONTENTS ¿ç C. WJ~t NATURE PtD REd E6+ck DEPARTMENT 46 47 48 49 50 51 52 53 54 55 56 APPROVED AS TO LEGAL SUFFICIENCY AND FORM fjjflaflr ~ CiTY A ORNEY CA-9696 PREPARED: 11/16/05 F:\Data\ATY\OID\REAL ESTATE\Encroachments\PW Ordinances\CA9696 Lynch.doc PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58,1-81l(c) (4) THIS AGREEMENT, made this 13th day of October , 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and MICHAEL T. LYNCH AND JENNIFER LYNCH, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNE SSE TH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 15" as shown on that plat entitled, "SUBDIVISION NQ 2 OF BAY LAKE PJNES PRINCESS ANNE CO., VA. AND RE-SUBDIVISION OF PARCEL "c" OF SUBDIVISION NQ I - BA YLAKE PINES SCALE-l"=1O0' DEC. ,1954" and being further designated and described as 2345 Bayville Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain one 5' x 26' finger pier and one 5'x 26' finger pier with a 10' x 16' platform, and to maintain existing rip rap and an existing dock "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 Joyce "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 1570-90-1127 1 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 Encroac1unent 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: "PLAN VIEW FOR M.T. LYNCH 2345 BA YVILLE RD. VA BEACH, VA 23455", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from The Encroachment Area in the event of an emergency or public necessity. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The 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 2 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 ofthe Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and constructi on 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 ITom the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way pennit, 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 3 the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. 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, Michael T. Lynch and Jennifer Lynch the said Grantee has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager! Authorized Designee of the City Manager 4 (SEAL) ATTEST: City Clerk ~( <1' ~L (~.M::::;~c1- 1 nnifer ch . STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 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 VIRGJNIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 5 STATE OF ''If"C{ \r\\'ò CITy¡eOillUY OF\} If'C\\rÚð. ße~, to-wit: The foregoing instrument was acknowledged before me this \ 3~ day of ~b-u- ,2005, by Michael T. Lynch. My Commission Expires: ~~ '5\ \ 'Z.O<:::l2.. li~ICIAL SEAL--) ~THOF"} LYNN M HARVe,Y-HARDfNG " CITY OF VIRGIN ~ My CommlS8lor " July 31, 2- """¡".,,-,,-------- STATE OF V L'rS:V'\~'t, CITY/COUNT¥ OFV I~MI"""" (1xCI C--Y\ , to-wit: The foregoing instrument was acknowledged before me this l2:> \:/Lk b~ , 2005, by Jennifer Lynch. My Commission ExPires~ ~ \ Ój APPROVED AS TO CONTENTS (---, SIGN:l::~ e. èJè~~ PV~ f:t4) E~\-fjl DEP ARTMENT APPROVED AS TO CONTENTS SIGNATURE DEP ARTMENT day of ~ ~Lr\ Notary Public APPROVED AS TO LEGAL SUFFICIENCY AND FORM 6 ~^f() ~OSE:: /(:'{"-f.';:,~:;5 OA TlIt-I : Hi 1-/..1 .,:^'./ ~DJACE:NT PRùPERT'( 0 IoINE R:;; , . '3)CIT'f~ C 1) Fe'Ll.J 0'" v4 B.;K ! 2) CJ1.pMWELÌ.- E X ~II BiT A't () A..M ' ---- z},APo r: ~'. t ~ 11 -ë , ... ~ ~ - A LJ... AG.L-£SS ï¡j g E. "),H~.IJ Y A IZ.Þ - E~vÌf""'~l'oJr A:ND M ",-eCl.J,.,u. '. ..' :.'~': ",~' ':~ :'::.-'~I'. ':..:. :'.:::-: " : J f 'J~ y'; ";' ':. . ; lé'.J '"X,:..'; ~: ~~~.. 0.' '"' ('0' ¡r¡W J ~ ~ B/!r)lVJlLE RO. ~- . PLAN VIEW ~ #'J1,¡-' \-~N GoH . -:2 1>4- S- SAv Y I L IJZ JU> , VA eëÞGH j VA 'L1~S " .' ' 2345 Bayvillc Road Jennifer and Michael Lynch " . SII\1ILAR LNCROACIIMI:NTS ALONG LAKL JO\Tf~ ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $1,010,000 from the Federal Emergency Management Agency to the Fire Department's FY 2005-06 Operating Budget for a Deployment Related to Hurricane Wilma MEETING DATE: December 13, 2005 . Background: The City of Virginia Beach is the sponsoring agency for Virginia Task Force 2, FEMA Urban Search and Rescue Team ("VA-TF2"). The Fire Department serves as the administrator of VA-TF2. VA-TF2 was activated on October 20, 2005 to assist in the recovery efforts related to Hurricane Wilma. VA-TF2 demobilized on October 26th and returned home. Upon activation and deployment, the Federal Emergency Management Agency ("FEMA") provides funding to reimburse participants for equipment, supplies and overtime supporting the event. . Considerations: As the sponsoring agency, the City of Virginia Beach is responsible for administrative and fiscal management of VA-TF2 and its assets. Consistent with previous deployments, FEMA had authorized the reimbursement of all eligible expenses related to activation, mobilization, deployment and demobilization ofVA-TF2. . Public Information: Public information will be handled through the normal Council agenda process. . Recommendations: Accept and appropriate $1,010,000 to reimburse expenses of VA-TF2 for Hurricane Wilma deployment. . Attachments: Ordinance FEMA Assistance Award Documents (3) Recommended Action: Approve Ordinance Submitting Department/Agency: Fire Department City Manager: ~ ¡¿ . ~kJ"¿ Lùð u.s. Department of Homeland Security 500 C Street, SW Washington, DC 20472 Æ~~ . FEMA October 28, 2005 Virginia Beach Fire Department Virginia Urban Search & Rescue Task Force 2 Attn: Vance Cooper 513 Viking Drive, Suite 9 Virginia Beach, VA 23452- 7322 Ref: EMW -2003-CA-O111 Dear Mr. Reeves: Enclosed are two (2) copies of Amendment MO19, issued against Cooperative Agreement EMW-2003-CA-0111, for your review and signature. Amendment MO19 is issued for Type III Activation in support of Hurricane Wilma recovery efforts. Please sign, or have an authorized official sign, and return one (1) copy ofthe Cooperative Agreement to the address below by an overnight carrier: Federal Emergency Management Agency/DHS Financial & Acquisition Management Division Grants Management Branch 500 C Street, SW, Room 334 Washington, DC 20472 Attn: Marilynn Grim The other copy ofthe agreement should be maintained in your files. Should you have any questions concerning this award, please contact me at (202) 646-3459 or via email at marilynn.grim@dhs.gov. Sincerely, , iY\ ~ çJt A"v"'J Marilynn Grim Assistance Officer Enclosures www,fema.gov .¡¡ FEDERAL EMERGENCY MANAGENIENT AGENCY ASSISTANCE AWARD/AMENDMENT 2. TYPE OF ACTION D AWARD 0 AMENDMENT 5. EFFECTIVE DATE 16. CONTROL NUMBER See Block 21 NNOO112Y2006T 8. ISSUING/ADMINISTRATION OFFICE J. ASSISTANCE INSTRUMENT 0 COOPERATIVE AGREEMENT 0 GRANT 3. INSTRUMENT NUMBER 14. AMENDMENT NUMBER EMW-2003-CA-0111 MO19 7. RECIPIENT NAME AND ADDRESS Virginia Beach Fire Department Attn: Vance cooper Viriginia Task Force 2 513 Viking Drive Suite 9 virginia Beach VA 23452-7322 Federal Emergency Management Agency F~nancial & Acquisition Management Div Grants Management Branch 500 C Street, S.W., Room 350 washington DC 20472 Specialist: Marilynn Grim (202) 646-3459 9. RECIPIENT PROJECT MANAGER Vance Cooper (757) 431-4160 11. ASSISTANCE ARRANGEMENT 112. PAYMENT METHOD ~ COST REIMBURSEMENT 0 TREASURY CHECK D COST SHARING REIMBURSEMENT D FIXED PRICE 0 ADVANCE CHECK D OTHER 0 LETTER OF CREDIT 14. ASSISTANCE AMOUNT 10. FEMA PROJECT OFFICER Wanda Casey, 202-646-4013 13. PAYMENT OFFICE Federal Emergency Management Agency Accounting Services Division D~sbursement & Receivables Branch 500 C Street, S.W., Room 723 washington DC 20472 15. ACCOUNTING & APPROPRIATION DATA PREVIOUS AMOUNT $6,912,877.53 See continuation Page AMOUNT THIS ACTION $1,010,000.00 TOTAL AMOUNT $7,922,877.53 16. DESCRIPTION OF PROJECT Amendment MO19 provides funding for reimbursement of operational expenditures in support of Hurricane Wilma recovery efforts. CFDA No. 97.025 applies. The total amount obligated is hereby increased by $1,010,000.00 from $6,912,877.53 to $7,922,877.53. All other terms and conditions remain unchanged and in full force and effect. END OF AMENDMENT MO19. 17. RECIPIENT REQUIREMENT 0 RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENTTO THE ISSUING/ADMIN OFFICE IN BLOCK 8. 0 RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT. 18. RECIPIENT (Type name and title) 19. ASSISTANCE OFFICER (Type name and title) Richard Goodman Assistance Officer CONTINUATION PAGE A.I PRICE/COST SCHEDULE ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT NO. SUPPLIES/SERVICES PRICE 0001 1. 00 Lot $1,010,000.00 $1,010,000.00 Amendment provides funding to VA-TF 2 for support to the Hurricane Wilma recovery efforts. FUNDING/REQ NO: 1: $1,010,000.00 NNOOl12Y2006T GRAND TOTAL - - - $1,010,000.00 ------------------ ------------------ ACCOUNTING AND APPROPRIATION DATA: ACRN APPROPRIATION REQUISITION NUMBER AMOUNT 12006-06-1609DR-9044- -4101-D NNOO1l2Y2006T P $1,010,000.00 1 2 3 4 5 6 AN ORDINANCE TO ACCEPT AND APPROPRIATE $1,010,000 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE FIRE DEPARTMENT'S FY 2005-06 OPERATING BUDGET FOR A DEPLOYMENT RELATED TO HURRICANE WILMA 7 the Federal Agency (FEMA) WHEREAS, Emergency Management 8 issued an alert order for members of the FEMA Virginia Task- 9 Force 2 Urban Search and Rescue Team for deployment related to 10 Hurricane Wilma $1,010,000 and has in reimbursement approved 11 costs for expenses related to the Hurricane Wilma deployment. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 That $1,010,000 is hereby accepted from in federal funds 15 the Federal Emergency Management Agency and appropriated to the 16 Fire costs Department's 2005-06 Operating FY Budget, for 17 associated with the deployment of members of the Virginia Task 18 2 Urban Force Search and with federal Rescue Team, revenue 19 increased accordingly. 20 Adopted by the Council City of the of Virginia Beach, 21 Virginia on the day of , 2005. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~~r~ J fl.UW- a ~ City Attorney's Office CA9820 H:\PA\GG\OrdRes\FEMA Hurricane Wilma ORD R-2 December 1, 2005 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $100,000 from the U.S. Department of Homeland Security - Buffer Zone Protection Program to the Police Department's FY 2005-06 Operating Budget for the Purchase of Equipment to Effectively Combat Terrorism MEETING DATE: December 13,2005 . Background: The Buffer Zone Protection Grant is funded by the U.S. Department of Homeland Security to reduce vulnerabilities in areas surrounding critical infrastructure and key resources on a nationwide level. This grant assists state and local law enforcement agencies in acting on potential acts of terrorism. The U. S. Department of Homeland Security awarded the Police Department a Buffer Zone Grant in the amount of $100,000. The grant will be used to purchase equipment needed by the Police Department to effectively combat terrorism and secure our city. The equipment to be purchased includes a bomb suit and helmet, two self-contained breathing apparatuses, a Segway to transport equipment, a Chevy Suburban, and additions to the Police Department's Hazardous Duty Robot. The Suburban will replace the current Bomb Squad vehicle and serve as a command vehicle for the Bomb Squad. . Considerations: These funds will be used to purchase equipment that can be used to protect our city against a terrorist attack. The equipment will allow the Police Department to respond effectively to situations involving explosive devices. The City is not required to provide a match for this grant. . Public Information: Public information will be provided through the normal Council agenda process. . Recommendations: It is recommended that Council accept and appropriate the grant award of $100,000. . Attachments: Ordinance, Award Letter, and Memo Recommended Action: Approval nI Submitting DepamnentlAgency: Police Department '5? ~ ':J\ City Manager: ~ ¥--. ~~ PO-46B AST Rev: 03/04 DEPARTMENT OF POLICE City of Virginia Beach MEMORANDUM Date: To: Via: From: Sub: October 25, 2005 Lt. D.H. Hewes Sgt. M.A. lito MPO D.O. Noha BZPP Grant Item Descriptions for Management Services Lt - below are descriptions of items, which have been proposed for purchase with BZPP grant funds. These items, as approved by the Department of Homeland Security, are intended for use by the Bomb Squad to support the Buffer Zone Protection Plans as developed and implemented. 1- Chevy Suburban. This full size Sport Utility Vehicle will serve as a command vehicle for the Bomb Squad supervisor. It will house all equipment necessary to respond to a secondary or simultaneous incident and will serve as a primary response vehicle. Additionally, this vehicle will be specifically outfitted to support the SWAT team by providing explosive breaching capability. 2- Haz-Probe from Wolstenholme Areo-Med Inc. This piece of equipment is an attachment to the existing WM MR-5 Hazardous Duty Robot manufactured by the same company. Its purpose is to gain access into areas where non-destructive visual inspection is required or desired. This highly technical component consists of an automatic drill mechanism and a fully programmable fiber optic video- scope, which integrates directly with the robot. Should the Bomb Squad be faced with an actual large vehicle bomb, the Haz-Probe would provide an effective means of confirming the vehicles' contents. Proper diagnostic examination is possible through visual inspection allowing for more effective render safe procedures. 3- MedEng EOD-9 Bomb Suit and Helmet. The EOD-9 is the most advanced blast protection suit available. A Bomb Technician approaching a suspected improvised explosive device (lED) would wear this suit for protection from blast over-pressure, shrapnel and fragmentation should an inadvertent detonation occur. The EOD-9 is capable of integrating with respiratory protection in the form of an SCBA, Millennium Gas Mask or PAPR in the event of a Chemical, Biological or Radiological explosive device. 4- L VB Disrupter with electric hitch & bracket. The Large Vehicle Bomb (L VB) Disrupter is an explosive tool designed to render safe an improvised explosive device contained in or made from a vehicle. It is intended to be deployed by the MR-5 Hazardous Duty Robot by means of a trailer, which holds three 55-gallon explosive laden plastic water containers. The electric hitch and bracket allow the 1 L VB disrupter to be positioned by the robot then remotely disconnected and left in place. 5- Survivair Self Contained Breathing Apparatus (SCBA). Two of these respiratory protective devices will allow both the primary and secondary Bomb Technicians to effectively deal with an improvised explosive device which may contain chemical, biological or radiological material. An SCBA may be required as proper PPE. Currently VBPD Bomb Technicians are required to rely on the availability of SCBA's from the VB Fire Department. 6- Segway Human Transporter (HT) i180 with saddlebags. A fully protected Bomb Technician wearing an EOD-8 or 9 bomb suit is tasked with walking a minimum of 300 feet while carrying x-ray system components and a disrupter on approach to an lED. This distance, carrying this amount of equipment in a bomb suit is physically taxing on the body and quickly promotes dehydration and fatigue. The Segway HT would allow the Bomb Technician a vehicular method of traveling the distance with the required equipment safely stored onboard thus avoiding fatigue and rendering the Bomb Technician more capable of performing his task safely. The Segway HT has been tested and approved for use by the FBI's Hazardous Devices School. 7 - Wireless Adapter for RTR-4 X-ray System by SAIC. The existing digital x-ray system currently in use by the Bomb Squad is a Real Time Radioscope (RTR-4) manufactured by SAIC. In its current configuration, the x-ray imager is tethered to the CPU by a maximum of 100 meters of cable. This cable limits the effective range of use and is an encumbrance and trip hazard for the Bomb Technician who is tasked with approaching an lED. The cable is often caught on the corners of buildings, doorways and other items creating a hindrance for the Bomb Technician. Eliminating the cable through the use of a Wireless Adapter manufactured by SAIC provides a measure of safety and convenience to the fully protected Bomb Technician as well as increasing the effective distance the RTR- 4 may be used. 8- Chemical Detector Mount & Cable from WM for MR-5 Robot. This item has been acquired from WM Robots by other means and will not be purchased. 2 FROM: NOU-29-2aa5 12:Ø5 ~ FAX NO. :7574265011 SECUR [r( MFt-lAG81ENT Nov. 292005 12:02PM P2 96920810 P.01 IF\ ~ COMMONWEALTH of VIRGINIA MICHAEL M. CU~! Slete O~rdi".1I:>r Departm.~r¡J (if Emerg~nr::y Managemenr 1*1 Ttode CoI"I! Rid'Imof'd. "'1911118 2323&3'113 180') Yl.esoo (11)0) f7~Z411 FA ( (1IG4) 697-65011 WWW.vaemllrgør1Cf.com ~AN¡¡r L.. OL¡MI;NTS Copul'! CoordInator JAM~ W. KeCI< Depuly Coordlnall)r October 11, 2005 Mr. James K. Spore City Manager Vu-ginia. Beach City 2401 CPW'thouse Dtive Virginia :Beach. VA 23445 Dear Mt. Spore: . . The Virginia Department of Emergency Mana.eem.~t (VDEM) is pleued to announce the allocation of the 2004/2005 State Homeland Security Buffer Zone Ptotcction Program (BZPP). CFDA 97.078. a grant program. issued ¡'y Deparbnent of Homeland Security (DHS). Your community bas been. alloc.a1ed a total of $100,000 Ut\der this BZPP grant progœu. These funds ~'ÌU be transfeued ~ the Virginia Beach City's account Mthin the neXt 10 days. This flmcUng mUSt be used acCOtding to the requirements sl'ecified by the BlP? progrilm and nHS Your community has be~ participating in the BZPP proceu for the put &w monW in conjuncuon with Commonwealth representmives from the Virginia Department of Transportation (VDOT) on me site(s) that had been identified through preYÌoua cvahJa1Ìons as "Critical In:fìaøÚ11otute." Cotnp1ianc~ with the rules and conditions set forth by DHS is n1andatOry. Under the azpp gtæ1t award¡ subgramc:es can only spe:m the awarded fimds on the predatermined authorized work and equipment that was mutually agreed upon between your .representative and the VDOT planning personnel. This BZPP initiativç ~ administered in othet w~ys in the past but now comes under the Homeland Security/Office o!Domestic P:epa:ed!less umbrella. A1taçhcd is a. copy ot'the Vulnera.bUíty Reduction Pur;hasjng Pl!n (VRPP) that gives you infotmaûon on the sitc(s) and the loc;al govenu:nent contact person who has been working with VDOT personnel on this project. Pl~se insure that they are contat1cd. and made awl'!l'e of the receipt of these funds so they can begin the necessary work tbat has "oeen agreed upon for the additional protection this program provides to the ViIginia Besch. "Wòrki.t¡g trJ Pmtect People. Property ¡md OUI' Cflmmll1!trle;" 1 2 3 4 5 6 AN ORDINANCE TO ACCEPT AND APPROPRIATE $100,000 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY - BUFFER ZONE PROTECTION PROGRAM TO THE POLICE DEPARTMENT'S FY 2005-06 OPERATING BUDGET FOR THE PURCHASE OF EQUIPMENT TO EFFECTIVELY COMBAT TERRORISM 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 That $100,000 is hereby accepted from the U.S. Department of 10 Homeland Security and appropriated to the Police Department's FY 11 2005-06 Operating with federal increased Budget, revenue 12 accordingly. 13 Adopted the Council City Virginia Beach, of the of by 14 Virginia, on the day of , 2005. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY B ~Ù,~ , Management Services . ~ro U~ City Attorney' Offlce CA9822 H:\PA\GG\OrdRes\Buffer Zone - Homeland Security ORD November 30, 2005 R-l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $167,482 to the FY 2005-06 Operating Budget of the Tourism Advertising Program Fund for Marketing Related Activities MEETING DATE: December 13, 2005 . Background: In July 1996, the City Council of Virginia Beach established the Tourism Advertising Program ("TAP") Special Revenue Fund. City Council dedicated to the TAP Special Revenue Fund revenues from one cent of the transient lodging tax, one-half cent of the restaurant meal tax, and a flat tax of one dollar for each night of lodging in the City. These revenues support the City's advertising and marketing program and related activities, including the operation of the Visitor Information Center, in an effort to promote and increase tourist visitation to the City. . Considerations: At the close of FY 2004-05, the TAP Special Revenue Fund had an unappropriated fund balance of $167,482. The fund balance resulted from: 1) positive revenue performance over and above projections, 2) appropriation balances from advertising, the TAP Special Revenue Fund Reserve for Contingencies, and the Visitor Information Center in FY 2004-05, and 3) accumulated interest in the fund earmarked specifically for capital improvements at the Visitor Information Center. The Convention and Visitors Bureau is seeking appropriation of these funds to support FY 2005-06 advertising initiatives. . Public Information: Public information will be handled through the normal Council agenda process. . Recommendations: Appropriate $167,482 to the City's Tourist Advertising Program Special Revenue Fund. . Attachments: Ordinance Recommended Action: Approve Ordinance Submitting Department/Agency: Convention and Visitor Bureau '¥ City Manager: ~ 'l.< ~~ 1 2 3 4 AN ORDINANCE TO APPROPRIATE $167,482 TO THE FY 2005-06 OPERATING BUDGET OF THE TOURISM ADVERTISING PROGRAM SPECIAL REVENUE FUND FOR MARKETING RELATED ACTIVITIES 5 WHEREAS, $167,482 of additional revenues have accumulated to 6 the fund balance of the Tourism Advertising Program Special Revenue 7 Fund and should be appropriated to fund advertising and marketing 8 activities. 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 That $167,482 is hereby appropriated from fund balance in the 12 Tourism Advertising Program Special Revenue Fund to the FY 2005-06 13 Operating Budget of the Tourism Advertising Program Special Revenue 14 Fund for advertising and marketing activities, with local revenue 15 increased accordingly. 16 Adopted by the Council of the City of Virginia Beach, 17 Virginia, on the day of , 2005. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J3~Q_J ,kuc~ City Attorney's Offlce CA9821 H:\PA\GG\OrdRes\TAP Funding True-Up ORD (2) R-3 November 30, 2005 L. PLANNIN G 1. Application of OCEANA DEVELOPMENT, L.L.C. for a Change of Zoning District Classification from R-I0 to Conditional 1-1 re a light industrial park for office/warehouse uses. (DISTRICT 6 - BEACH) RECOMMEND A TION: APPROV AL 2. Application of VIRGINIA SEAGULL TRAVEL BUS, INC. for a Conditional Use Permit re bus terminal at 313 and 329 Kellam Road. (DISTRICT 4 - BA YSIDE) RECOMMENDATION: APPRO V AL 3. Application of OMNIPOINT COMMUNICATIONS dba T -MOBILE for a Modification of their PDH Plan re a communications tower at 3097 Magic Hollow Boulevard. (DISTRICT 6 - BEACH) RECOMMENDATION: APPRO V AL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in tile Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, December 1.3, 2005, at 6:00 p.m. The fol- lowing applications will be heard: DISTRICT 7 - PRINCESS ANNE Christian Chapel Assembly of God Application: Condi- tional Use Permit for a church at 2751 Salem Road (GPINs 14834859920000; 14835900590000; 14835901080000; 14835992570000). DISTRICT 6 - BEACH Oceana Development, L.L.C. Application: Change of Zoning District Classification from R-10 Residential to Conditional 1-1 Light Industrial located at Pòtters Road and Viking Drive (GPIN 14976170180000). The Com- prehensive Plan designates this site as being part of Strategic Growth Area 9 - West Oceana Area, suitable for low intensity industrial uses that conform to AICUZ pro- visions. The purpose of this rezoning is to develop a light industrial park for office/warehouse uses. Omnipoint Communications dba T-Mobile Application: Modification of PDH Plan for a communications tower at 3097 Magic Hollow Boulevard. (GPIN 14962112560000). The Comprehensive Plan desig- : nates tllis site as being part of the Primary Residential . Area, suitable for appropriately located suburban resi- dential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of this modification to the plan is to allow construction of a communication tower, DISTRICT 4 - SA YSIDE Virginia Seagull Travel Bus, Inc. Application: Çondi- tienal Use Permi~ for a passenger transportation termi- nal (bus) at 313 and 329 Kellam Road (GPIN 14772650500000; 14772546940000; 14772567630000). All interested citizens are invited to attend. /J / /7--. -- l~- Ruth Hodges Smith, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in tile. Department of Planning. For information call 427-4621. 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. The Planning Commission Agenda is available through the City's Internet Home Page at htt~:/ /www.vbgov.com/Dlannine:commission Beacon Nov. 27 & Dec. 4, 2005 14?f).~1 hq CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Oceana Development, LLC. - Change of Zoning District Classification MEETING DATE: December 13, 2005 . Background: An Ordinance upon Application of Oceana Development, L.L.C. for a ChanQe of ZoninQ District Classification from R-10 Residential District to Conditional 1-1 Light Industrial District on property located approximately 400 feet south of Potters Road and 550 feet east of Viking Drive (GPIN 14976170180000). The Comprehensive Plan designates this site as being part of Strategic Growth Area 9 - West Oceana Area, suitable for low intensity industrial uses that conform to AICUZ provisions. The purpose of this rezoning is to develop a light industrial park for office/warehouse uses. DISTRICT 6 - BEACH . Considerations: The applicant proposes to rezone the existing R-10 property to Conditional 1-1 to accommodate the expansion of the adjacent industrial park. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The property is adjacent to and will be connected with an already well-established industrial park to the south. The applicant has provided required buffers for the wetlands and adjacent residential as well as a family owned cemetery. The applicant has also been made aware of another neglected cemetery of some historic significance. The applicant understands that the property is encumbered by a restrictive easement owned by the U.S. Navy that limits the uses in the proposed industrial park. When the property is subdivided and a parcel is sold, the purchaser shall receive notice of the Navy Restrictions. The proposed 1-1 Industrial zoning is more appropriate for this property that is within Accident Potential Zones 1 & 2 and a greater than 75 db Ldn noise zone surrounding NAS Oceana than the current R- 10 Residential zoning. Planning Commission placed this item on the consent agenda because it is a natural extension of the industrial park and the rezoning is in keeping with AICUZ guidelines. . Recommendations: Oceana Development, LLC. Page 2 of 2 The Planning Commission passed a motion by a recorded vote of 10-0 to approve the request as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage~ l. Òß6'M. ~-? ~ OCEANA DEVELOPMENT, L.L.C. Agenda Item # 14 November 9, 2005 Public Hearing Staff Planner: Karen Prochilo REQUEST: Chanqe of Zoninq District Classification from R-10 Residential District to Conditional 1-1 Light Industrial District. ADDRESS I DESCRIPTION: Property located approximately 400 feet south of Potters Road and 550 feet east of Viking Drive. GPIN: 14976170180000 COUNCIL ELECTION DISTRICT: 6-BEACH SITE SIZE: 54.89 acres SUMMARY OF REQUEST The applicant proposes to rezone the existing R-10 property to Conditional 1-1 to accommodate the expansion of an existing industrial park. EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND USE AND ZONING: North: South: East: LAND USE AND ZONING INFORMATION . Two single-family homes one with a family cemetery and across a drainage easement is Brookgreen Commons single- family homes / 1-1 Light Industrial District, AG-1 Agricultural District and R5D Residential District. London Bridge Industrial Park /1-1 Light Industrial District Nottingham Estates and undeveloped land / R-15 and R-10 Residential Districts . . OCEANA DEVELQPMENT, Agenda Item P West: . Undeveloped land and a cemetery owned by City of Virginia Beach / R-1 0 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: There are wetlands along the eastern perimeter of this site. A majority of the site has mature tree stands. There are two cemeteries bordering this property, one of which has a historic significance. AICUZ: The site is in Accident Potential Zones 1 & 2 and an AICUZ of greater than 75 dB ldn surrounding NAS Oceana. The property is encumbered by a restrictive easement owned by the U.S. Navy. The Navy has provided information pertaining to the development of this site under the easement and it is included at the end of this report. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Central Drive in the vicinity of this application is a two lane collector. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Central Drive 13,377 ADT 1 11,000 ADT 1 (level of Existing land Use Z- (April 2005) Service "E") 830 ADT* Proposed land Use 3 - 2,098 ADT Average Dally Tnps 2 as defined by existing residential zoning 3 as defined by proposed industrial zoning * This property is currently undeveloped. The estimate is based on 27.6 acres times 30.09 trips / acre for R-10 zoning. Note: the developable acreage for R-10 may be larger, but for comparison the acreage was set to match the acreage of the proposed usable 1-1 zoning. WATER and SEWER: Water and sanitary sewer do not front the property, but they may be extended through the neighboring parcel for connection purposes provided hydraulic analysis supports the potential demand and sanitary sewer and pump station analysis for Pump Station #520 show that proposed flows can be accommodated. Any construction plans submitted for this site will not be approved until the utilities for the neighboring site have been installed and released by Public Utilities Inspections. STORMWATER: The referenced subdivision must develop a storm water management plan for water quantity and quality in accordance with the Public Works Specifications and Standards. The storm water management plan shall provide protection from detrimentally impacting all downstream receiving storm drain systems. Provide adequate storm water discharge outfalls and identify adequate offsite receiving drainage systems. Public easements will be dedicated for all offsite receiving storm water conveyance systems. Property needs to be reviewed to determine the limits of jurisdictional wetlands. OCEANA DEVEL~PMENT, Agenda Ita p SCHOOLS: Not applicable COMPREHENSIVE PLAN The Comprehensive Plan recognizes this area as being within the Strategic Growth Area 9. Low intensity industrial uses that conform to AICUZ provisions are suitable for the southern and eastern part of this Strategic Growth Area. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers. The proffers are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The property is adjacent to and will be connected with an already well-established industrial park to the south. The applicant has provided required buffers for the wetlands and adjacent residential as well as a family owned cemetery. The applicant has also been made aware of another neglected cemetery of some historic significance. The applicant understands that the property is encumbered by a restrictive easement owned by the U.S. Navy that limits the uses in the proposed industrial park. When the property is subdivided and a parcel is sold the purchaser shall receive notice of the Navy Restrictions. The proposed 1-1 Industrial zoning is more appropriate for this property that is within Accident Potential Zones 1 & 2 and a greater than 75 db Ldn noise zone surrounding NAS Ocean a than the current R-10 Residential zoning. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§1 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When developed, the Property shall be developed in substantial accordance with the "Preliminary Subdivision Plan of London Bridge Industrial Park" dated March 30, 2005, prepared by NDI, LLC, Basgier and Associates Division, a copy of which is on file with the Planning Department and has been exhibited to the City Council (the "Conceptual Plan"). Grantor reserves the right to change the location of the storm water facilities shown on the Conceptual Plan, as necessary to accommodate its future subdivision or development of the Property. PROFFER 2: Grantor shall maintain a buffer of existing vegetation at least one hundred feet (100') in width between the Property and the adjacent residential development known as Nottingham Estates, in substantial accordance with the buffer shown on the Conceptual Plan. Grantor reserves the right to apply for a reduction in the amount of wetlands shown on the Conceptual Plan, in accordance with applicable federal, state and local environmental laws; provided, however, that (i) no such reduction shall result in a buffer of less than one OCEANA DEVELQEMENT, Agenda Ite hundred feet (100') in width between the Property and the adjacent residential development known as Nottingham Estates, and (ii) for all other areas of the Property adjacent to property zoned for residential purposes, Grantor shall either maintain a buffer of existing vegetation or install a landscape buffer at least twenty feet (20').. PROFFER 3: Grantor shall maintain a buffer of existing vegetation of at least twenty feet (20') around the cemetery located on the adjacent Property shown as "Now or formerly William C. White (W.B. 24, P. 359) (0.8. 148, P.141)". PROFFER 4: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated June 1, 2005, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet a/l applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. OCEANA DEVELOPMENT, LLC. Agenda Item # 14 . Page 4 AERIAL OF SITE LOCA,]:IÐN< OCEANA DEVELQPMENT, L(! .C. Agenda Ite 14 ..' !II- ~- '" J t r Ii' , , .' , " !$~ ~~ ~t ~~ 11 ",,; , " I .1 "I, \.~ -,. It." }!: f j ¡f ! OCEANA DEVELOPMENT, Agenda Item PROPOSED SITE PLAN Map ~~f [;;7Scale Oceana Development LLC ~~~ I~~'- .//~ ~~~\.~~ ~df fã- :IT b ~v/; N~ßÏ/ ~7 r-A' ',', ~~.~ I~'<? 1t-5¥ ~ {Jb 0 'f1!"~ ~~ ~ .//1// H D 0 ~:!\, '1jJ [j (n "° ~ ~~ \j !VI \J CJ ~ 0 ~ ~II J. () u ~~ -J,~. ~ '0010 ODD ~ ~. h"~':~ /~ / ,1:- ~ ~ ~~~" e;>~~, &1. .,,0 ~,) ( Won"" - .~ ~ )}' 0 D.c:.AoC 0 ~ ~J'i( ~ 1;1 '£>~~~" ~~~~rLI~~¡ /' - I[~? ~ ~ ~~A~~~~ ~QqD J~ '1fI' Irri~ If/}. "'~~~~~~fl. ~n Q ~ 'ìITñf V o:c~ <;>, OUTH~DJŒNhfRJ.'tl ~ n~1 ~ ~ J \ "-~~ ~",c;Jo~l1;;J 0 0 ¡;J Q D UCJ ~;¡,.; ~ ~~~ \ ::í: i.'t--- =.BL'Li.~8 CJ D~ f9l.1ðdA (;Jib ãllLÆEI -¡~ ~~U! ~a~b:J ~1J~WQ~~¡;;:¡aa~ }>l~lnìl l-ß~ ~r-~ ~ j/ L ¡ Q ~D \~, 0 ;= rf ~I -=- ~ ~ R-10 D-I~ ~ Ifti L!r' ~~-I \ ",I"- i¡:¡¡~ r---' Fit I\~I D g; ~------,CJH ~ 0 \ \1 '0",\ \\0 ~:InI:1 LeI II\~\\ -~- 0 °ll lii\ tj \1 /1-1 9. =. L\l[ h'i ~~-=rJ Conditional Zoning Change: from R-1O to Conditional 1- 1 1 08/05/03 Conditional Use Permit - Bulk Storage Granted 2 03/25/03 Conditional Rezoning from 0-2 to 1-1 Granted Conditional Use Permit - Automobile Service Station 3 01/12/93 Conditional RezoninQ from 1-1 to AG-1 Granted 4 05/08/89 Conditional Use Permit Auto Repair Granted 5 01/23/78 Conditional Rezoning from 0-2 to 1-1 Granted ZONING HISTORY APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Ocean a Development, LLC, a Virginia limited liability company 2. List all businesses that have a parent-subsidiary 1 or affiliated business entitl relationship with the applicant: (Attach iist if necessary) D Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from app/icant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Oceana Development, LLC Jerrold L Miller, Manager 2. List all businesses that have a parent-subsidiary1 or affiliated business entity2 relationship with the applicant: (Attach /ist if necessary) I I D Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Conditional Rp2omng Application Page 1"1 0112 Revised 9/112004 z 0 I I !;; U I I ....:r ~ ~ ~ ~ Z 0 N ~ ~ 0 I I f-c I I Q Z 0 u ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but nollimited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Basgier and Associates Division (survey/engineering) routman Sanders LLP (legal services) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares p . voting power of another corporation." See State and local Interests Act, Va. Code § 2.2-3101. 2 "Affìliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (íii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Code § 2.2-3101. ~ Z <=> u CERTIFICATION: I certify that the informati upon receipt of notìfication lie hearing, I am responsible for at least 30 days prior to the s . his package. ,u.t:.. Kt5ñtV L. MiþÆ£ K.E\lIIJ ,.. MAAI\\E:,~A(,. A./Ell Print Name accurate. has been required public hearing OCEANA DEVELQl;tv1ENT, A§lenda Ite . n Prochilo Virginia Beach anning r, Building 2, Drive h. VA 23456.9040 Room 115 ate Contracting Officer at th al Facilit tlantic, has completed a tho)',' review of oning Application and attachments. please contact Mrs. Patty Hankins at Sincerely and very respectfully, 1 Estate Contracting Officer's Review s " TROUTMAN SANDERS LLP A T TOR N E Y 5 , Ct."" """'" '^' A W ~12 C,."" PH' ".,.. >0'" ;000 VtRC>NlA SUCH. VIRGINIA 2J4&l ~"'*"O""""'H,d." "'" TElEÞHONË: r5r.8".¡'"' PACSIMILE 757..>01.75'0 Julfroy A Maynard jelf. maynard@lrovttna"""fltlerncOlr Direct Di81: 757-$ð7.7522 Direct Fax: 757.ß87.152Q October 4, 2005 Via Hand Delivery Mr. Matthew Kurtz Business Line Coordinator Real Estate Services Naval Fàcílities Engineering Command, Mid-Atlantic 9742 Maryland Avenue Norfolk, VA 23511.3095 Re: Property of Ocean a Development, LLC; 5726; SER 33/440 Dear Mr. Kurtz: This fiml represents Oceana Development, LLC ("Oceana Development") with regard to the conditional rezoning application culTently on file with the City öf Virginia Beach Planning Department for property containing 54 acres on Progress Road, in the City of Virginia Beach. We have received a copy of a letter dated July 19, 2005, from Captain T. Keely to Karen ProehiIo, in the City of Virginia Beach Planning Department, which contain:> the review and findings prepared by your office as of July 8, 2005. I wanted to take a moment and explain to you the scope and intentión of the rezoning project, as you requested, As you may be aware, Oceana Development has developed Oceana Industrial Park, which is located adjacent to the subject property. Oceana Development acquired the property to extend Progress Road und subdivide and develop parcels within the larger 54-acre tract, the same as it has done with the adjacent industrial park. r .am enclosing for YOU! review a. revised conceptual plan, which eliminates lot Jines to avoid any implication that Oceana Development has decided on the sizes of the lots to be created from the larger tract. The conclusion from your report dated July 8, ZOO5 indicates that the Navy requires additional inlòmlatioJ') in order to ensure compliance with the easement restrictions purchased by the Navy (the "Navy Restrictions') At thi$ point, however, Oceana Development has not proposed any particular use of the property; it intends to t'ezone the pmperty from residential zoning to I-I, to match the zoning of the adjacent industrial park. Each time my client deveJops or sells one of the properties in the park, it notifies the purchaser of the need to contact your ATLANTA' HONG KONG' LONDON' NEW YORK' NORFOLK' lZALEJGH RICH1I-IOND' "{'YSONS CORNER' VIRGINIA BEACH' \VASHINGTON, D.C. TRODTtvíAN SANDERS LLP ATT YS T AW , Mr. Matthew Kurtz October 4, 2005 Page 2 oftice regarding compliance witi:¡ the proposed use. addition, with each outsale,Oceana Development imposes a set of deed restrictions upon the property, which we believe.are compatible with and are more restrictive than the Navy Restrictions. 1 am enclosing Co.r your review a copy of the restrictions that my client typically uses within the industrial park. In conclusion, Oceana Development is unable at this point to provide information regarding the proposed uses of the property, other than to say they will be industrial uses similar to those previously approved by the Navy within Oceana Industrial Park. Moreover, subsequent purchasers have record notice of the Navy Restrictions and win be advised by Oceana Development to contact the Navy regarding compliance with the Navy Restrictions, prior to the time of development. Thank you for yonr attention to and review of these matters. I would ask you to please call meifyoü have any further questions regarding the project. Very truly yours, Jeffrey A. Maynard Enclosure cc<: Karen.ProchiIo (City ofVir¿,~nia Beach Planning Department) OCEANA Item #14 Oceana Development, LLC. Change of Zoning District Classification 400 feet south of Potters Road and 500 feet east of Viking Drive District 6 Beach November 9,2005 CONSENT William Din: The next item that I have is Item #14. This is Oceana Development, LLc. This is an application to Change the Zoning District Classification from R -10 Residential District to Conditional I-I Light Industrial District on property located approximately 400 feet south of Potters Road and 550 feet east of Viking Drive in the Beach District. Welcome. Jeff Maynard: Good afternoon Mr. Din. My name is Jeff Maynard. I'm the attorney on behalf of the applicant Oceana Development. We have no objections to the conditions that have been proffered. I thank you members of the Commission for putting this on the consent agenda. .=::I. William Din: Thank you Mr. Maynard. Is there any objection to this item being placed on the consent agenda? If not, Mr. Ron Ripley, I believe will explain this issue. Ronald Ripley: This is a natural extension of an industrial park in the Oceana area. It is rezoning from R-10 to Conditional 1-1. It is a proffered application. The staff has done a good job and the applicant working together to come up with a plan that provided buffers to the adjacent neighborhood, Nottingham Estate, as well as buffers around a couple of small old cemeteries that are peripheral of this large piece of land. The one thing that's worthy to note is that this property is in an area that is concerning to the Navy. It's a property that restricted easements have been purchased by and it is a property that is in a APZ1 and is in a greater than 75 dbl, so it is very restricted to what can be built there. The Navy had a concern about whether or not, what particular uses are going to be built in this park. The applicants are agreeable to coming back each time to discuss it with the Navy so it's agreeable with them. So, we recommend that this be put on the consent agenda. William Din: Thank you Ron. I would like to make a motion to approve the following consent agenda item. Item #14 is Oceana Development, LLC., proffered conditions. Dorothy Wood: A motion by Mr. Din and seconded by Mr. Horsley to approve the consent item. AYE 10 NAY 0 ABSO ABSENT 1 ABSENT ANDERSON Item #14 Oceana Development, LLc. Page 2 CRABTREE DIN HORSLEY KA TSIAS KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the Board has approved Item #14 for consent. = CITY OF VIRGINIA BEACH JNTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6224 FROM: DATE: November 30,2005 Leslie L. Lilley l}J DEPT: City Attorney 8. Kay Wilson~ DEPT: City Attorney TO: RE: Conditional Zoning Application; Oceana Development, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 13, 2005. I have reviewed the subject proffer agreement, dated June 1, 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 Prepared By/Return To: Troutmau Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, Virginia 23462 AGREEMENT THIS AGREEMENT is made this 1 5t day of June, 2005, by and among OCEANA DEVELOPMENT. LLC, a Virginia limited liability company ("Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee"). WITNESSETH: WHEREAS, Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the existing zoning classification from R-10 to 1-1 Conditional on certain property which contains approximately 54.889 acres, more or less, located in the Lynnhaven District of the City of Virginia Beach, Virginia, which property is more particularly described in the attached Exhibit A (hereinafter the "Property"); and WHEREAS, Grantor is the current owner of the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use 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 pennit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for 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 1-1 are needed to cope with the situation to which the Grantors' 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 part of the proposed conditional amendment to the GPIN Number 1497-61-7018-0000 Page 1 Zoning Map, in addition to the regulations provided for in the existing 1-1 zoning district by the existing City's Zoning Ordinance ("CZO"), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of Quid pro Quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which Page 2 shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed in substantial accordance with the "Preliminary Subdivision Plan of London Bridge Industrial Park," dated March 30, 2005, prepared by NDI, LLC, Basgier and Associates Division, a copy of which is on file with the Planning Department and has been exhibited to the City Council (the "Conceptual Plan"). Grantor reserves the right to change the location of the stormwater facilities shown on the Conceptual Plan, as necessary to accommodate its future subdivision or development of the Property. 2. Grantor shall maintain a buffer of existing vegetation at least one hundred feet (100') in width between the Property and the adjacent residential development known as Nottingham Estates, in substantial accordance with the buffer shown on the Conceptual Plan. Grantor reserves the right to apply for a reduction in the amount of wetlands shown on the Conceptual Plan, in accordance with applicable federal, state and local environmental laws; provided, however, that (i) no such reduction shall result in a buffer of less than one hundred feet (l00') in width between the Property and the adjacent residential development known as Nottingham Estates, and (ii) for all other areas of the Property adjacent to property zoned for residential purposes, Grantor shall either maintain a buffer of existing vegetation or install a landscape buffer at least twenty feet (20'). 3. Grantor shall maintain a buffer of existing vegetation of at least twenty feet (20') around the cemetery located on the adjacent Property shown as "Now or Formerly William C. Whilte (W.B. 24, P. 359) (D.H. 148, P. 141)". 4. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Page 3 All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name ofthe Grantor and Grantee. This Agreement may be signed in one or more counterparts which, upon execution by all the parties, shall constitute a single agreement. [Separate Signature Page Follows] Page 4 IN WITNESS WHEREOF, the foregoing Agreement is executed by the parties of the date first written above. COMMONWEALTH OF VIRGJNIA GRANTOR: OCEANA DEVELOPMENT, LLC a Virginia limited liability company By: ~ Kevin L. Maume, Special Manager CITY OF VIRGJNIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ day of June, 2005, by Kevin L. Maume, personally known to me to be a Special Manager of Oceana Development, LLC, a Virginia limited liability company. My Commission Expires:l2.J ~ lID r VB289663v2 IZ/t,- ~ /Notary Public Page 5 Exhibit A All that certain piece parcel or lot situate, lying and being in Lynnhaven Magisterial District, Princess Anne County, Virginia, shown and designated on a certain plat made by W.B. Gallup, County Surveyor, on May 6, 1957, which plat is duly recorded in the Clerk's Office ofthe Circuit Court of the City of Virginia Beach, Virginia, in Map Book 43, at Page 39, the property hereby conveyed being designated as "MERTA McJNTIRE, 61 Ac." on said plat, and is described as follows: BEGINNING at a pin in the edge of the right of way show on said plat, which leads from the public road to the property hereby conveyed, which is marked "pin" and is in the Western side of said right of way, and is the Northern comer of the property hereby conveyed located at or near the Bridge over the creek, and running thence across the right of way South 3 degrees East 398 feet to a point, South 70 degrees 20 minutes East 376 feet to a point, South 53 degrees East 293 feet to a pin, South 5 degrees East 563 feet to a small oak; south 13 degrees West 482 feet to sweet gum, South 18 degrees 20 minutes West 181 feet to sweet gum, South 22 degrees 45 minutes West 523 feet to a pin in the center line of the North ditch binding the right of way leading to the Swamp Public Road; thence turning and running along the center line of the North ditch North 77 degrees 30 minutes West 449 feet to a pin; thence continuing along the center line of the Northern ditch North 77 degrees 30 minutes West 244 feet to a post; thence North 53 degrees 45 minutes West 375 feet to a pipe in a ditch, North 33 degrees 44 minutes West 365 to sweet gum, North 4 degrees East 297 feet to black gum, North 23 degrees West 305.2 feet to a small twin oak; North 2 degrees East 186 feet to a point, North 19 degrees 20 minutes West 368 feet to a point, North 4 degrees 38 minutes East 182 feet to a point in Lynnhaven Creek; North 63 degrees 20 minutes East 310 feet, more or less, to a post; thence turning and running along the edge of the lands of Paul White South 73 degrees East 120 feet to a beech; South 73 degrees East 149.7 feet to a pipe, South 73 degrees 45 minutes East 211 feet to a pipe, South 74 degrees 5 minutes East 135 feet to a pin in the edge of the right of way, North 19 degrees 55 minutes East 12 feet to a pipe, North 19 degrees 55 minutes East 240.8 feet to a pipe, North 24 degrees 43 minutes East 142.4 feet to a pin, North 43 degrees 38 minutes East 134.2 feet to the pin, the place of beginning. Said tract of land containing sixty-one (61) acres, more or less, but is conveyed in gross and not by the acre. Together with all rights of way, rights of drainage, water rights, easements or other rights appertaining to said property. It is distinctly understood that the two graveyards as shown on said plat are not conveyed by this deed, nor are they included in the area of sixty-one (61) acres, and are expressly EXCEPTED from this conveyance. Page 6 It is further distinctly understood that the right-of-way as shown on said plat is only conveyed to the grantee herein insofar as it is to be jointly used by the grantee, his heirs and assigns, along with Paul White, his heirs and assigns. LESS AND EXCEPT those portions of the above-described property conveyed to the City of Virginia Beach, by (i) deed dated August 1, 1975, from Harry Richmond and Viola R. Richmond, his wife, duly recorded in the aforesaid Clerk's Office in Deed Book 1504, at page 310; and (ii) deed dated June 4, 1985, from the Estate of Harry Richmond, acting by Viola Richmond and William P. Connors, the Executors under the Will of Harry Richmond, deceased, and W. Leigh Ansell, Ancillary Administrator of the Estate of Harry Richmond, deceased and Viola Richmond, duly recorded in the aforesaid Clerk's Office in Deed Book 2420, page 1508. IT BEING the same property conveyed to MAUREN P FLOOD, by deed from Peter J. Strassberger, Administrator in Virginia of the Estate of Viola Richmond, and Larry B. Slipow, Ancillary Administrators in Virginia of the Estate of Viola Richmond, dated May 29, 1991, and filed for record May 31, 1991, in Deed Book 2990, page 1855; AND by Deed from William P. Connors, Executor of the Estate of Harry Richmond, and W. Leigh Ansell, Ancillary Administrator in Virginia, of the Estate of Harry Richmond, dated March 9, 1989, and filed for record July 25, 1990, in Deed Book 2926, page 1597; AND by deed from J.M. Powers, unmarried, dated March 26, 1999 and filed for record AprilS, 1999, in Deed Book 4058, page 1958. IT BEJNG the same property conveyed to EDWARD KLIM, by deed from William P. Connors, Executor of the Estate of Harry Richmond, and W. Leigh Ansell, Ancillary Administrator in Virginia, of the Estate of Harry Richmond, dated March 9, 1989, and filed for record July 25, 1990, in Deed Book 2926, page 1605. IT BEJNG the same property conveyed to JUDY CAPOSSELA BOCCANFUSO by deed from William P. Connors, Executor of the Estate of Harry Richmond, and W. Leigh Ansell, Ancillary Administrator in Virginia, ofthe Estate of Harry Richmond, dated March 9, 1989, and filed for record July 25, 1990, in Deed Book 2926, page 1609 and from the Will of Ruth Capossela dated April 17, 1973 and recorded January 11, 1991 in Will Book 78, page 2384. IT BEJNG the same property conveyed to HARRY JAMES CAPOSSELA, by deed from William P. Connors, Executor of the Estate of Harry Richmond, and W. Leigh Ansell, Ancillary Administrator in Virginia, of the Estate of Harry Richmond, dated March 9, 1989, and filed for record July 25, 1990, in Deed Book 2926, page 1611 AND by Will of Ruth Capossela dated April 17, 1973 and recorded January 11, 1991 in Will Book 78, page 2384. IT BEJNG the same property conveyed to JOSEPH H. CAPOSSELA, by deed from Harry J. Capossela and Judith A. Boccanfuso, Co-Trustees of the Will of Ruth V. Capossela, dated May 18, 2004, and filed for record May 28, 2004 as Instrument Number 200405280083554. Page 7 IT BEJNG the same property conveyed to HARRY DONALD RICHMOND, by deed from William P. Connors, Executor of the Estate ofHany Richmond, and W. Leigh Ansell, Ancillary Administrator in Virginia, ofthe Estate ofHany Richmond, dated March 9, 1989, and filed for record July 25, 1990, in Deed Book 2926, page 1621. . Page 8 Map E 6,7 Môp Not to Scôle c: D 000 obiJo VIRGIAlIA- BEA CH -BL~ CUP - Passenger Transportation Terminals (Bus) ~'~, G ,) J ,; .".JY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Virginia Seagull Travel Bus, Inc. - Conditional Use Permit (passenger transportation terminal- bus) MEETING DATE: December 13, 2005 . Background: An Ordinance upon Application of Virginia Seagull Travel Bus, Inc. for a Conditional Use Permit for a passenger transportation terminal (bus) on property located at 313 and 329 Kellam Road (GPIN 14772650500000; 14772546940000; 14772567630000). DISTRICT 4 - BAYSIDE . Considerations: The applicant requests a Conditional Use Permit to allow a passenger transportation terminal at 329 Kellam Road and 313 Kellam Road. The passenger transportation terminal consists of a satellite office for ticket sales and one bus each evening to deliver passengers coming directly from New York City and to pick up passengers bound for New York City. Tickets for the bus may be purchased at the travel service ticket sales area located at 329 Kellam Road or via the Internet. The 58-passenger bus picks up from and delivers passengers to the side parking lot of 313 Kellam located across Broad Street from the travel service ticket sales area. The Planning Commission placed this item on the consent agenda because the designated passenger drop-off / pick up area is in a lighted area, there is only one bus operating once an evening and the operation has minimal impact to its surroundings. The Planning Commission found the request to be an appropriate use for the site. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. The hours of operation for ticket sales are daily from 12:00 P.M. (noon) until 5:00 P.M. and from 11:30 P.M. until the bus departs (approximately 12:30 PM). 2. No more than one bus to stop at this terminal location at the designated time. Virginia Seagull Travel Bus, Inc. Page 2 of 2 3. No storage of buses onsite beyond the designated time for the passenger drop-off / pick up. 4. No passenger transfers or connections onto other buses conducted onsite. 5. No vehicle service repair or maintenance activities to be performed at this site. 6. 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. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 7. The use shall be administratively reviewed on an annual basis. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. ,vþ? Submitting Department/Agency: Planning Department \~ City Manager: ~ t ~U'f'I<t Staff Planner: Karen Prochilo = ~ CD lDI ~. DC if ~ "oc cooc j l.CL~ --VlRGli'ilA----BEAbll-BL UÐ.==- --.-=- VIRGINIA SEAGULL TRAVEL BUS, INC. Agenda Item # 7 November 9, 2005 Public Hearing CUP - Passenger Transportation Terminals (Bus) REQUEST: Conditional Use Permit for a passenger bus transportation terminal. ADDRESS I DESCRIPTION: Properties located at 329 Kellam Road and 313 Kellam Road. GPIN: 14772650500000 14772567630000 14772546940000 COUNCIL ELECTION DISTRICT: 4 - BAYSIDE SITE SIZE: 11,717 square feet 10,133 square feet 75,655 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a passenger transportation terminal at 329 Kellam Road and 313 Kellam Road. The passenger transportation terminal consists of a satellite office for ticket sales and one bus each evening to deliver passengers coming directly from New York City and to pick up passengers bound for New York City. Tickets for the bus may be purchased at the travel service ticket sales area located at 329 Kellam Road or via the Internet. The 58-passenger bus picks up from and delivers passengers to the side parking lot of 313 Kellam, located across Broad Street from the travel service ticket sales area. LAND USE AND ZONING INFORMATION EXISTING LAND USE: At 329 Kellam Road there is a laundry service and day care with parking in front. At 313 Kellam/4816 Virginia Beach Boulevard there is a grocery store with parking along the side and rear. SURROUNDING LAND North: . USE AND ZONING South: AROUND 329 KELLAM . ROAD: East: . West: . Office / B-2 Community Business District 7-11 Convenience Store / B-2 Community Business District Across Kellam Road is Pembroke Square Apartments I A-18 Apartment District Single family dwellings / R7.5 Residential District VIRGINIA SEAGULL SURROUNDING LAND USE AND ZONING AROUND 313 KELLAM ROAD/4816 VIRGINIA BEACH BLVD.: North: . Across Broad Street is a 7-11 Convenience Store / B-2 Community Business District Across Virginia Beach Boulevard is retail / B-3 Business District Across Kellam Road is a multi-story office building and parking / B-3 Business District Across Horace Avenue is a strip shopping center / B-3 Business District South: East: . . West: . NATURAL RESOURCE AND CULTURAL FEATURES: Both sites contain commercial structures with paved parking lots. There are no significant natural resources or cultural features located on the sites. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Pembroke Area Transportation Study is ongoing and long-term recommendations may be included during site plan review. No measurable impact on city services is anticipated with this rezoning. WATER: Not applicable. SEWER: Not applicable. The sewage-holding tank on the bus is disposed of at the bus company's garage in New York. SCHOOLS: Not applicable. FIRE: The fire department has no concerns with this proposal. COMPREHENSIVE PLAN The Comprehensive Plan recognizes the ticket sales office of this passenger transportation terminal as being within a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. VIRGINIA SEAGULL TR~\l:EL8US ~~endaUte Additionally, the Comprehensive Plan recognizes the bus drop-off and pick-up is within Strategic Growth Area #4. This area does consist of many tracts of land that differ in land use type, intensity, character and value. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions provided below. The applicant, Virginia Seagull Travel Bus Inc, a passenger transportation terminal, has been in business since June of 2005. Its operation is located at the same address of a current laundry service and a previous travel service. The designated passenger drop-off / pick up area is on a lighted area. There is one bus operating once an evening at the same time. The operation has minimal impact to its surroundings. CONDITIONS 1. The hours of operation for ticket sales are daily from 12:00 P.M. (noon) until 5:00 P.M. and from 11 :30 P.M. until the bus departs (approximately 12:30 PM). 2. No more than one bus to stop at this terminal location at the designated time. 3. No storage of buses onsite beyond the designated time for the passenger drop-off / pick up. 4. No passenger transfers or connections onto other buses conducted onsite. 5. No vehicle service repair or maintenance activities to be performed at this site. 6. 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. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 7. The use shall be administratively reviewed on an annual basis. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. VIRGINIA SEAGULL AERIAL OF SITE VIRGINIA SEAGULL R£FERE'NC( '. MERID'AN M.B. 45 '-Me LtJT F d ~ H Ø!lW'.1O"' I: 1 au. ft) -----l: ~ . I I I ... I å. ¡I I -It Cf) 110, ,., ldi d :t ... a LOTE LOTI ,.&- so. FT. t1.~4 AQlØ S' DRNNAGE NIO tlnt,l1lrs £A8EMCNr LtJT H . . t~t: . I! . la2' ~ A$PHAI.T PARJ<1NG LOT PROPOSED SITE PLAN (Ticket ßroád StrtJtJ( ~~; '~'--~~;:=~;~ ;:{F-=: .. . .:.~, \.o~ I ~;I \ ø'" ~ -i ¡ i :' I . ~ (') --t " U- 11-", 0, 1 tÒø . a... ... ^..» . ~ u " p~ ~ '>. "'" (.> ~~,j ~ i .J ~ PROPOSED SITE LAYOUT (Bus Drop-Off I VIRGINIA SEAGULL PHOTOGRAPH OF VIRGINIA SEAGULL TR,A.yglBpS, ~g~ndaltE3 PHOTOGRAPH OF Map E 6,7 Map Not to Scale 0 000 o'bbo c ~L~ CUP - Passenger Transportation Terminals (Bus) 01/22/90 09/09/85 Granted Granted ZONING APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete tM following: 1, List the applicant name followed by the names of aU officers, members, trustees, partners, etc. below: (Attach list if necessary) h1C p~t: e- 2. List aU busines s that haves þärent-subsidiary1 or affilìated business entity relationship with the applicant: (Attach líst if necessary) v:,( >\ ì t\ P h ¡l'e/~1 \ i hH: Check here if the appliçaht is NOT a corporation, partnership, firm, business,or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name foHowed by the names of all officers, members, trustees, partners, etc. below: (Attach (ist if necessary) 1',t 2. Ust all QusinessåSthat have a parent-subsidjarl or affiliated business' entity"' relationship with the åpplicant: (Attach list if necessary) I I D Check here if the property owner is NOT a corporation, partnership, firm, business, or other unin.corporated organization. 1 2 & See next page for footnotes Conditional Use Permit .AþpUootion 10 9!ii2üÜ,j Z 0> I « ~ u :, ø.... ~ f-I ~ ~ ø.... ~ ~ p ~ 0> I I H = Z 0> U VIRGINIA SEAGULL ~ I I 3 I I ~ ~ E-t ~ éf ~ ;::::J ~ 0 I I f : Q Z 0 u orSCL ADDITIONAL DISCLOSURES List <ill! known contractors or businesses that have or will provide services With respect to the requested property u&e.includingbut not Umited to the providers of architectural services. re~fe$tate services. financial services, accounting services and legal services: (Attaçh.list if necessary) 1 "Parent-subsidiary relatîonship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation," See State and local Government Conflict of Interests Act, Va, Code § 2.2-3101. :< "Affilîated business entity relationship" means "a relationship, other than parent-subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (Iii) there is shared management or control between the business entítles. Factors that should be considered in determining the existence of an affiliated business entity relatîonship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the b the use of the sa fflces or employees or otherwise share a . , personnel on a regu r basis; or there is otherwise a close working relationship between the entities.. See State and local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contE!ined herein +s true and accurate. luf¡dérstand that, upon receipt of notification (postcard) that the appliçatiQn tlas.been scheduled for public hearing, I.¡¡¡m responsible for obtaining and posting the requited sign on the subject property at least 30 days prior to the scheduled public hearing aCcording to the instructions in this package. fferent than applicant) ûondlUonal Usa Permit Applloatlon Page 10 of 1Q Revised gili2(}t)4 Item #7 Virginia Seagull Travel Bus, Inc. Conditional Use Permit 313 & 329 Kellam Road and 4816 Virginia Beach Boulevard District 4 Bayside November 9,2005 CONSENT William Din: The next item is Item #7. This is Virginia Seagull Travel Bus, Inc. This is an application for a Conditional Use Permit for a passenger transportation bus terminal on property located at 313, 329 Kellam Road and 4816 Virginia Beach Boulevard in the Bayside District. There are seven conditions associated with this item. Is there an applicant? We1come. Kevin Dong: My name is Kevin Dong. I agree with the conditions. William Din: Thank you. Is there any objection to this item being placed on the consent agenda? If not, Mr. Ron Ripley is going to explain this issue. .= Ronald Ripley: Staff had reviewed this and recommended to the Planning Commission approval. The Commission looked at it and also felt that it aught to be consent because it is a use that is in a business zoned district. You pretty much have commercial all the way around it with the exception ofR-7.5 one lot across Broad Street from this proposal. It is two parcels of property. One will be used as a ticket sales and the other will be used as a bus terminal. It's limited to one bus per day. It is anticipated that this bus will arrive late in the evening and depart right after it reloads. So it is a very low use of the property and looking this over and looking at the conditions, the Commission felt that it was appropriate to be put on the consent agenda. It is also an administrative review for annual review that would allow the Planning Department to look and make sure that the applicant is complying with the conditions. So, we recommended that it be put on consent. William Din: Thank you Ron. I would like to make a motion to approve the following consent agenda item. Item #7 is Virginia Seagull Travel Bus, Inc. with seven conditions. Dorothy Wood: A motion by Mr. Din and seconded by Mr. Horsley to approve the consent item. AYE 10 NAY 0 ABSO ABSENT 1 ANDERSON CRABTREE DIN ABSENT AYE AYE Item #7 Virginia Seagull Travel Bus, Inc. Page 2 HORSLEY KA TSIAS KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the Board has approved Items #7 for consent. = CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Omnipoint Communications DBA T -Mobile - Modification of PD-H Plan (communication tower) MEETING DATE: December 13, 2005 . Background: An Ordinance upon Application of Omnipoint Communications dba T-Mobile for a Modification of PDH Plan for a communications tower on property located at 3097 Magic Hollow Boulevard (GPIN 14962112560000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of this modification to the plan is to allow construction of a communication tower. DISTRICT 6 - BEACH . Considerations: The applicant is requesting a Modification to the PDH land Use Plan to allow development of a communication tower at the rear of this site. The tower is proposed at 125 feet in height and will support at least three wireless communications carriers. The tower will be located within the existing paved area, so that no disturbance to the top of bank of the major drainage canal located behind the site will occur. The applicant has met the location criteria for new towers by placing the tower on the edge of a residential area and limiting the height of the tower to 125 feet. The tower will be constructed to support at least three wireless communications carriers. This proposal is in conformance with the Comprehensive Plan's recommendations for this area. The Planning Commission placed this item on the consent agenda because they felt that it was an appropriate site and would benefit the community. The site is in an AICUZ of > 75 dB ldn and Accident Potential Zone 1. The applicant submitted the required aeronautical study and the Navy found the proposed tower to be acceptable. . Recommendations: Omnipoint Communications DBA T-Mobile Page 2 of 2 The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ City Manager: ~ l. ~ ~ OMNIPOINT COMMUNICA TIONS DBA T -MOBILE Agenda Item # 15 November 9, 2005 Public Hearing Staff Planner: Barbara Duke REQUEST: Modification of PDH Plan to allow the construction of a communications tower ADDRESS / DESCRIPTION: Property located at 3097 Magic Hollow Boulevard GPIN: 14962112560000 COUNCIL ELECTION DISTRICT: 6-BEACH SITE SIZE: 22,513 square feet SUMMARY OF REQUEST The applicant is requesting a Modification to the PDH land Use Plan to allow development of a communication tower at the rear of this site. The tower is proposed at 125 feet in height and will support at least three wireless communications carriers. The tower will be located within the existing paved area, so that no disturbance to the top of bank of the major drainage canal located behind the site will occur. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . USE AND ZONING: South: . East: . West: . NATURAL RESOURCE AND CULTURAL FEATURES: Retail shops / B-2 Community Business District Residential dwellings/ PD-H1 Planned Development District Retail/Office / B-2 Community Business District Residential dwellings / A-12 Apartment Districtt The site is developed with a lodge and associated parking. There is a major drainage canal located directly behind the parking area on the site. The drainage canal is part of the Chesapeake Bay Preservation Area OMNIPOINT COMMUNICAT Agenda Ita Resource Protection Area. AICUZ: The site is in an AICUZ of >75 dB ldn and Accident Potential Zone 1 surrounding NAS Oceana. The applicant has submitted an aeronautical study that is required by the FAA. The FAA has determined the tower is not a hazard to air navigation. The applicant has submitted a copy of the study to NAS Oceana. IMPACT ON CITY SYSTEMS PUBLIC WORKS: There is a major drainage canal located behind the subject property. The portion of the parking area where the proposed tower is located is within a public drainage easement. The applicant will need to execute an encroachment agreement through Public Works/Real Estate for the tower. Further conditions/modifications may be required by the encroachment agreement. The encroachment agreement must be accepted by the City and executed prior to detailed site plan approval and construction. COMPREHENSIVE PLAN The Comprehensive Plan recognizes this area as being within the Primary Residential Area. land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Staff recommends approval of this request with the proffers listed below. EVALUATION AND RECOMMENDATION The applicant has met the location criteria for new towers by placing the tower on the edge of a residential area and limiting the height of the tower to 125 feet. The tower will be constructed to support at least three wireless communications carriers. This proposal is in conformance with the Comprehensive Plan's recommendations for this area. PROFFERS . ,,'.. OMNIPOINT COMMUNICAT Agenda Ita PROFFER 1: The Property shall be developed substantially as shown on the exhibit entitled "Site Plan", dated April 29, 2005 and prepared by Atlantic Group, Inc., which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning Department"). PROFFER 2: The proposed communications tower shall be substantially the same as shown on the exhibit entitled "Elevation and Antenna Coax Detail," which has been exhibited to City Council and is on file with the Planning Department. PROFFER 3: The proposed communications tower will not exceed 125' AGL and it will support the antennae array of two (2) additional wireless communications carriers. PROFFER 4: Unless a waiver is granted by the Planning Department, aSIA and OMNIPOINT will conduct or cause to be conducted a radio frequency emissions study ("RF Study"), by a qualified engineer licensed in the Commonwealth of Virginia, to evidence that the proposed communications tower will not interfere with any emergency communications facilities and related equipment owned by the CITY. aSIA and OMNIPOINT hereby agree to provide the RF Study prior to the submission of the final site plan of the proposed development to the Planning Department. aSIA and OMNIPOINT further hereby agree to provide additional RF Studies for any subsequent users. PROFFER 5: In the event that OMNIPOINT's use or any subsequent use by a wireless communications carrier of the proposed communications tower results in any interference with CITY's emergency communications facilities and related equipment, aSIA and OMNIPOINT shall undertake any measures reasonably necessary to correct and eliminate such interference. If the interference cannot be eliminated within a reasonable period of time, not to exceed sixty (60) days, OMNIPOINT and aSIA shall immediately terminate or cause to be terminated the operation of the antennae array causing such interference. PROFFER 6: In the event that the proposed communications tower ceases to be used for a period exceeding twelve (12) consecutive months, aSIA and OMNIPOINT, at their expense, shall remove the tower and all related equipment and in the event that any antennae cease to be used for a period exceeding twelve (12) consecutive months, aSIA and OMNIPOINT, at their expense shall remove such antennae and related equipment. PROFFER 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated July 1, 2005, and found it to be legally sufficient and in acceptable legal form. . . . OMNIPOINT COMMUNICA TlflNS Agenda Ita' NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. OMNIPOINT AERIAL OF SITE LP~~\FION:\.. ",., . OMNIPOINT COMJ\4UNIQAT A~~r\daJte ~ OMNIPOINT I¡m¡;: AN;'~V$ S M«> MIlCH Of' TOWtR - FtJtJNI);,l1QN &t O'!HEJIS. NO EnCTiON OR MODlAC;'l1O11 OF TOWER ""'0 FOUHI>;,1IQf SHIIU. 8f: WDE "'!HOOT N'PROV,,"- Œ ST11tlCl\HlAl. DIGO.EER. : I (P) OMNIPOINT PANEL ANTENNA. .3 SECTORS J ANTENNAS PER SECTOR. AZlldUTH O' 0 120'-0. ~AD CENTER AZIMUTH 1~O' 0 120'-0' "'AD CENTER AZIMUTH 24-0' 0120'-0' RAD CeNtER 'UT~£ ~""RÞ ,-.. '00.: -Ë. --L ,- . (P) 18 (1 5/8.) OOAX : CABLE (INSIDE MONOPOlE) ~ .> In < :z: :z: ~.., «5 ,...<L ZO Õð !i!"" i:;§ :sg """"' ¡:!t>:. tJls ~g "" o~ .- b '::! .. . . (P} 120' HIGH Oi!ONOPOLE TOWER (p} GPS ANTENNA (I') ICE BR10GE~ (~) ~MNIPOINT 8TS EQUIPMENT ,.'","', ~ TOP Of PlATFORI.!; ~~~~.5LEVA TION Q OMNIPOINT COMMUNICAT A~enda Ita PROPOSED TOWER ELEVATION. 1 03/10/92 Modification to Land Use Plan - GRANTED Church 2 REZONING from R-7.S to Cond B-2 GRANTED and CUP for self-storage 3 11/13/01 CUP (Church) GRANTED 11/23/04 CUP (Church) GRANTED 4 08/21/90 CUP (Auto Sales) GRANTED 01/22/91 Street Closure GRANTED ZONING HISTORY RESTATEMENT e names of all officers. members, trustees. SS8fY) .pr nt - Vice President GaiA Tidewater Inc. Jscoma. Treasurer tor aU businesses that have a parent-subsidiary 1 or affitiated business entity2 ationship with the applicant: (Attach list if neœsssfY) OT a corporation, partnership, firm, business, or 'on. 2. ve a parent-subsidiary1 or affiliated business entity2 (Attach list if necessary) r is NOT a corporation, partnership, firm, ed organization. Check here if the property business, or other uninco 1 & 2 See next page for footnotes ~ I . I !;a u tš1 ~ .. I ~ I : , ADDITIONAL DISCLOSURES I Ustal! known contractors or 'm~sse$that haVf:~ orwillprov¡<;Jeservìces with respect I to the requestedpmpertyuse clt.tdìng butnorUmHed totl1e providers~of architectural real estate services, flnanc al~ervices.,accountln9 se.rvices and legal (Attachtl$t if necessary) DISCLOS ESTATEME NT 'Parent~subs!diary ralatio, p" means relationship thatexìsts when one 1X)tpf)r~tlol1 ~rectly or Indirectly owns shares possessing more than 50 percent of.the voting power of anQth~r ç°rÞ°ration.," See Stale and Local Government Conflict of I 1 Interests Act, Va.. Code § 2,2-~101 I I ¡ I .2 "Affiliated t)usÎness entity relatIonshIp" means "a relationship, other than parent-subeidìary relationship, that exists when (i) one business entity has a oontrollfng ownership interest In the other business entity, (Ii) a co owner in one en1lt}i is also a controlHng in the other entity, or (Iii) management or f,;Orllro! betwe bul>iness entities. Factor auld be In det$rmlning thð existence of an affiliated business entity relationship in that the same person or substantially the same person own or the two entitles; v common or commingled funds or assets; the bu share the use of offices or employees or otherwise share activities, resources or persol1nel on a regular basis; or ther'3 is otherwise a close working relationship between the eo£itles," See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. :1'(0": I certify ttlstthelhrormatioo contained herei" ¡strueand~urate, t, upOn receipt.Øf nQtlftCation (poStcard) that theapþlication has been bile hearing, lam r~sponsjb!a for obtaining and posting the required otproperty at least 30 days prior to the scheduled public hearing instructions In this package. ------ -------- -- Print Na:ne !fA~"~:(-' L_- -------------. - --.. - cJ fferenttI":SH) applicant) Print Name OMNIPOINT COMMUNICATIONS Agenda Item Ii 15 , Page 10 Item #15 Omnipoint Communications d/b/a T-Mobile Modification of PDH Plan 3097 Magic Hollow Boulevard District 6 Beach November 9, 2005 CONSENT William Din: My last item is Item #15, which is Omnipoint Communications. This is for T-Mobile. This is an application for a Modification of a PDH Plan for a communications tower on property located at 3097 Magic Hollow Drive in the Beach District. Bill Gambrell: Mr. Din. Madame Chairman. Bill Gambrell representing the applicant. The conditions are proffered so I don't have to say yes we accept the conditions. But I do want to say thank you for being placed on the consent agenda. William Din: Thank you Mr. Gambrell. Is there any objection to this item being placed on the consent agenda? Bob Miller is going to explain this issue. = Robert Miller: This site is located off of Magic Hollow, just off of Lynnhaven Parkway. It is behind the Roma Lodge. The tower is 125 feet. It will be built on the paved area behind the lodge and that way it will not disturb the adjacent canal and bank and so forth. It is in a high decibel area, an AICUZ area, a high noise zone, and also an APZl. The applicant has submitted an aeronautical study to the Navy for their review and approval. We understand that has been accepted. This site is one of those sites where towers are beneficial to the community as a whole and we encourage. We want them to go in locations that are obviously beneficial to the community and to the public. We were therefore agreeable to this location and recommended it for approval. William Din: Thank you Bob. I would like to make a motion to approve the following consent agenda item. Item #15 is Omnipoint Communications d/b/a T-Mobile, which is also proffered. Do I hear a second? Dorothy Wood: A motion by Mr. Din and seconded by Mr. Horsley to approve the consent item. AYE 10 NAY 0 ABSO ABSENT 1 ANDERSON CRABTREE DIN HORSLEY KATSIAS ABSENT AYE AYE AYE AYE Item #15 Omnipoint Communications d/b/a T-Mobile Page 2 KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the Board has approved Item #15 for consent. = .. CITY OF VIRGINIA BEACH JNTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6224 FROM: DATE: November 30,2005 Leslie L. Lilley DEPT: City Attorney B. Kay WiIS~ DEPT: City Attorney TO: RE: Conditional Zoning Application; Omnipoint Communications CAP Operations, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 13, 2005. I have reviewed the subject proffer agreement, dated July 1, 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 DECLARATION OF PROFFERED COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION OF PROFERRED COVENANTS, CONDITIONS AND RESTRICTIONS ("Declaration") effective the 1st day of July, 2005, by and between OSIA OF TIDEWATER. INc., a Virginia corporation, ("OSIA"), a grantor for purposes of indexing, OMNIPOINT COMMUNICATIONS CAP OPERATIONS. LLC. a limited liability company, ("OMNIPOINT"), a grantor for purposes of indexing, and THE CITY OF VIRGINIA BEACH. a municipal corporation of the Commonwealth of Virginia ("CITY"), a grantee for purposes of indexing, provides and states as follows: AGREEMENT: OSIA owns the parcel of real property located in the City of Virginia Beach, Virginia described in Exhibit A, attached hereto and incorporated herein by reference ("Property"); and OMNIPOINT, as lessee of a portion ofthe Property, proposes to develop the Property, and in connection therewith, has filed an application with CITY to amend the current zoning designation on the Property from PD-Hl to incorporate the commercial designations authorized under B-2 (Conditional); and It is the policy of CITY to provide for the orderly development of land for various purposes through zoning and other land development legislation; and OSIA and OMNIPOINT acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed amendment to the PDH Plan, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the proposed amendment gives rise; and OSIA and OMNIPOINT have voluntarily proffered, in writing in advance of and prior to the public hearing before CITY, as part ofthe proposed amendment to the Zoning Map of the City of Virginia Beach, Virginia ("Zoning Map") with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of such amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the proposed amendment and the need for which is generated by the proposed amendment. GPIN: 1496-21-1256-0000 (portion only) & 1496-21-2287-0000 (portion only) Prepared by: LeClair Ryan, A Professional Corporation 999 Waterside Drive, Suite 2525 Norfolk, Virginia 23510 NOW, THEREFORE, OSIA and OMNIPOINT, their successors, assigns, grantees and other successors in title or interest, voluntarily and without any requirement by or exaction from CITY or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, amendment, site plan, building permit, or subdivision approval, hereby make the following declaration of covenants, conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this Declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through OSIA and OMNIPOINT, their successors, assigns, grantees and other successors in interest or title: 1. The Property shall be developed substantially as shown on the exhibit entitled "Site Plan," dated April 29, 2005 and prepared by Atlantis Group, Inc., which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning Department"). 2. The proposed communications tower shall be substantially the same as shown on the exhibit entitled "Elevation and Antenna Coax Detail," which has been exhibited to City Council and is on file with the Planning Department. 3. The proposed communications tower will not exceed 125' AGL and it will support the antennae array of two (2) additional wireless communications carriers. 4. Unless a waiver is granted by the Planning Department, OSIA and OMNIPOINT will conduct or cause to be conducted a radio frequency emissions study ("RF Study"), by a qualified engineer licensed in the Commonwealth of Virginia, to evidence that the proposed communications tower will not interfere with any emergency communications facilities and related equipment owned by CITY. OSIA and OMNIPOINT hereby agree to provide the RF Study prior to the submission of the final site plan of the proposed development to the Planning Department. OSIA and OMNIPOINT further hereby agree to provide additional RF Studies for any subsequent users. 4. In the event that OMNIPOINT's use or any subsequent use by a wireless communications carrier of the proposed communications tower results in any interference with CITY's emergency communications facilities and related equipment, OSIA and OMNIPOINT shall undertake any measures reasonably necessary to correct and eliminate such interference. If the interference cannot be eliminated within a reasonable period of time, not to exceed sixty (60) days, OMNIPOINT and OSIA shall immediately terminate or cause to be terminated the operation of the antennae array causing such interference. 5. In the event that the proposed communications tower ceases to be used for a period exceeding twelve (12) consecutive months, OSIA and OMNIPOINT, at their expense, shall remove the tower and all related equipment and in the event that any antennae 2 cease to be used for a period exceeding twelve (12) consecutive months, OSIA and OMNIPOINT, at their expense, shall remove such antennae and related equipment. 6. Further conditions as may be required by CITY 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. OSIA and OMNIPOINT further covenant and agree that: All references herein to PD-H2 and to B-2 Districts and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance of Virginia Beach, Virginia, in force as of the date of approval of this Declaration by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by OSIA and OMNIPOINT and allowed and accepted by CITY as part of the amendment to the zoning ordinance of the City of Virginia Beach, Virginia, in force as ofthe date this Declaration is approved by the Virginia Beach City Council ("Zoning Ordinance"), shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that such instrument is consented to by CITY in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of CITY, after a public hearing before City Council which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Such ordinance or resolution shall be recorded along with such instrument as conclusive evidence of such consent, and if not so recorded, such instrument shall be void. 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, OSIA and OMNIPOINT shall petition the governing body for the review thereof prior to instituting proceedings in court; and 3 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 ofthe Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of each ofOISA, OMNIPOINT and CITY. WITNESS the following signatures and seal: GRANTORS: aSIA OF TIDEWATER, INC., a Virginia corporation B<fi¡4-1r 1 ~ Its: Date: Cj(¡- 9- '3 -6 S- OMNIPOINT COMMUNICA nONS CAP OPERA nONS, LLC, a limited liability com~ By: - Its:. ~L D;.,: Date: q -£..7"°5 STATE OF ~...J\.L\ Û1Y Œ' \)~\~l4 ~O-\ BEFORE ME, ~ E1f,., ~C on this day personally appeared (Z of~A œ \\ ~ known to me (or prov to me on the oath of ~~',A lJ..~ or through . ) (description of identity card or oth r document) to be the person whose name is subscribed to the foregoing instrument and acknowledged me that he executed the same for the purposes and consideration therein expressed. GWEN UNDER MY HAND AND SEAL OF OFFICE, this~ay of ~, 2005 ~\\\\\\I\lIIIII//f/f1!11h '_1 €,RIN ~A~ ~ ~~""""""""'~ _~~ONw.""'1; ~ My CommissioT~ir. ~-i~',,~~ ~ OC:::r0e4.. .~ ~~\ ~ I šš- ~ : Š ~ " .. i:::: ~ "-- ' ~~"~~I'1üIN\~.~. %~ ,...., ~ 8T A TE OF ff~ -~ \£26 ,~\ BEFORE ME.~{ fr E.:úêlffi , ?n this day personally appeared Yß/ln f~ , TEehnl(dDI~, of(}nn.,tDlY1t(ûVYr>1Ul1lcd-~ðcw~U¿. known to me (or proved to me on the oath off€> 12.=Pn<::: II or through ) (description of identity car~r other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 2. r:¡.. day of ~ ,2005 - ~ Notary Public, State of ~Ia-rd My Commission Expires: cOURTNBY A. EVANS Notary Public Prince George's County,MD, My Commission Expires March 1,2008 Exhibit A Le2al Description of the Property Parcell: 0 ALL THAT certain Jot piece or parcel of land, situate in Princess Anne Borough of the City of Virginia Beach, Virginia, and designated and described as Parcel 2, 0.932 Acre, on one certain SlD"Vey entitled "Survey of Property of Aragona Enterprises, Inc., Princess Anne Borough, Virginia Beach, Virginia Scale: I" -100', March, 1974, Marsh and Bugier, Inc., P. C., Engineers - Surveyors- Planners, 101 North Plaza Trail, Virginia Beach, Virginia", which said survey is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. in Deed Book 1443, at page 171, reference being made thereto for a more particular description. Parcel 2: ALL THAT certain lot and piece of land, situate in Princess Anne Borough of the City of Virginia Beach, Virginia, a designated and described as Holland Swamp Community Drainage Project Easement 0.458 Acre, on one certain survey entitled "Survey of Property of Aragona Enterprises, Inc., Princess Anne Borougb- Virginia Beach, Virginia Scale: lit = 100', March, 1974, Marsh and Basgier, Inc., P. C., Engineers - Surveyors - Planners, 101 N. Plaza Trail, Virginia Beach, Virginia", which said survey is duly of record in the Clerk's Office of the Circuit Court of tile City of Virginia Beach, Virginia, in Deed Book 1443, page 171, reference being made thereto for a morc particular description. IT BEING the same property conveyed to the Grantor herein by deed of O.S.IA. ofTidcwatcr, Inc., a non-profit non-stock Virginia corporation, dated April 15, 1977, and duly recorded in the Clerk's office aforesaid, in Deed Book 1706 at page 395. 6 M. APPO INTMENTS BEACHES and WATERWAYS COMMISSION GOVERNANCE COMMITTEE FOR HISTORIC SITES HISTORICAL REVIEW BOARD JNVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA PERSONNEL BOARD (Alternates) RESORT ADVISORY COMMISSION (RAC) SHORE DRIVE ADVISORY COMMITTEE VIRGJNIA BEACH COMMUNITY DEVELOPMENT CORPORAITON (VBCDC) N. UNFINISHED BUSINESS o. NEW BUSINESS P. 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