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FEBRUARY 23, 1999 MINUTESCITY COUNCIL L. ity of Vir ii--1_i1:3,c I-1 "WORLD'S LARGEST RESORT CITY" MAYOR 51EYERA E OBERNDORF At Large VI( L MAYOR WILLIAM D SESSOMS JR At Large LINWOOD 0 BRANCH III District 6 Beach MARGARET L EURE District ! Centerville WILLIAM W HARRISON JR District 5 I ynnliaven HAROLD HEISCHOBER At Large BARBARA M HENLEY District 7 Princess Anne LOUIS R JONES District 4 Bayside REBA S McCLANAN Dtstnct 3 Rose Hall NANCY K PARKER At Large A M (DON) WFEKS District 2 Kempsville JAMES K SPORE City Manager LESLIE L ULLEY City Attorney RUTH HODGES SMITH CMCIAAE City Clerk CITY COUNCIL AGENDA CITY HALL BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH VIRGINIA 23456 9005 PIIONE (757) 427 410? FAX (757) 426 5669 LMAIL CTYCNCL@CITY VIRGINIA BEACH VA US I. CITY COUNCIL BRIEFING A. 23 February 1999 MINORITY BUSINESS COUNCIL Ed Hamm, Chairman - Conference Room - 3:00 PM II CITY MANAGER'S BRIEFINGS - Conference Room - A. FY1999-2000 REAL ESTATE ASSESSMENTS Jerald D. Banagan, Real Estate Assessor B. TELECOMMUNICATIONS RIGHT-OF-WAY USE FEE E. Dean Block, Director, Management Services C. SPORTS MARKETING PLAN James B. Ricketts, Director, Convention and Visitor Development III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION A. B. C. - Conference Room - CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL RECESS TO EXECUTIVE SESSION 3:15 PM 5:00 PM VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: The Reverend James Bennett, Sr. Avalon Church of Christ C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - 09 February 1999 G. AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. H. PUBLIC HEARINGS 1. COMMUNICATION SYSTEM UPGRADE Cay's Emergency Communication System 2. FARMERS' MARKET LEASE Space #10 - Laurie Moser T/A Reflections of the Heart I. ORDINANCES/RESOLUTION 1. Ordinance to AMEND the FY 1998-1999 Capital Budget by APPROPRIATING $6,554,159 to Communication System Upgrades (CIP #3-446) with $3,241,854 being provided through a Lease/Purchase Agreement and the remainder from balances within the DEA, Water, Sewer and Storm Water funds. 2. Ordinance to authorize the City Manager to lease city property, known as Space #10 of the FARMERS' MARKET, to Laurie Moser, T/A Reflections of the Heart, effective 24 February 1999 thru 30 June 2000. 3. Ordinance to APPROPRIATE $450,761 from the General Fund balance to the FY 1998- 1999 Operating Budget of the Department of Information Technology re replacement of existing remittance processor and cashiering systems in the City Treasurer's Office which need repairs and are not Y2K -compliant. 4. Ordinance to APPROPRIATE $15,000 form the Francis Land House Board of Governors Trust Fund to the FY 1998-1999 Francis Land House re operations of the Francis Land House and History Park. 5. Ordinance to ACCEPT and APPROPRIATE a $4,750 Grant from the Virginia Commission for the Arts to the FY 1998-1999 Operating Budget of the Arts and Humanities Commission re supporting local arts programs. 6. Resolution to authorize the City Manager submit application to the Chesapeake Bay Local Assistance Department for a $44,323 Grant to achieve full consistency with Phase II of the Regulations re Comprehensive Plans, continuation of local program implementation and refinement of GIS for local mapping assistance. The City will provide local matching funds; and, should the City subsequently agree to cancel this project, agrees to reimburse the Department for the total amount of expended funds through the notification of cancellation date. 7. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Five Star Limousine, Inc. 8. LICENSE REFUNDS $19,838.44 J. PUBLIC HEARING - PLANNING PLANNING BY CONSENT - To be determined during the Agenda Review Session. 1. Application of ANN H. WHITFIELD, BARBARA S. HUDGINS and JAMES C. BOWEN for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that newly created lots must meet all requirements of the City Zoning Ordinance (CZO) on Sheffield Drive, Lots 4, 5 and 6, Old Donation Estates, Section One (LYNNHAVEN - DISTRICT 5). Recommendation: APPROVAL 2. Application of W. KEITH WOODARD, TRUSTEE, LYNNHAVEN UNITED METHODIST CHURCH for a Conditional Use Permit for a parking lot on the South side of Little Neck Road at the Southern extremity of Harris Road, containing 2.67 acres (LYNNHAVEN - DISTRICT 5). Recommendation: APPROVAL 3 Application of CHRIST EPISCOPAL CHURCH for a Conditional Use Permit for a church (expansion) on the North side of Holland Road, 280 feet more or less East of Buyrn Farm Road (2520 Holland Road), containing 4.707 acres (PRINCESS ANNE - DISTRICT 7). Recommendation: APPROVAL 4. Application of TRITON, PCS for a Conditional Use Permit for wireless communication antennas on existing monopole on the South side of Dam Neck Road, West of Holland Road (3289 Dam Neck Road), containing 3.9 acres (PRINCESS ANNE - DISTRICT 7). Recommendation: APPROVAL 5. Application of TIMOTHY C. McCOY for a Conditional Use Permit for a recreational facility of an outdoor nature at the Southeast Corner of Pacific Avenue and 22' Street, containing 14,026 square feet (BEACH - DISTRICT 6). Recommendation: APPROVAL 6. Applications re the East side of Princess Anne Road South of South Plaza Trail (KEMPSVILLE -DISTRICT 2): a. PRINCESS ANNE TRAIL PARTNERS, L.L.C. , containing 2.737 acres (1). Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business Distnct (2). Conditional Use Permit for gasoline sales and a car wash in conjunction with a convenience store b. RML CORPORATION, containing 10.200 acres (1). Change of Zoning District Classification from R-7.5 Residential District to Conditional A-12 Apartment District Deferred: 09 February 1999 Recommendation: APPROVAL 7. Application of HOME DEPOT U.S.A. for a Change of Zoning District Classification from R -5D Residential Duplex District to Conditional B-2 Community Business District at the Southeast intersection of Princess Anne Road and South Independence Boulevard, containing 232.07 acres (CENTERVILLE - DISTRICT 1). Recommendation: APPROVAL 8. Application of DAVISVILLE PROPERTIES, L.L.C. for Change of Zoning District Classification from R-10 Residential District and B-2 Community Business District to Conditional B-2 Community Business District at the Southwest intersection of First Colonial Road and Republic Road, containing approximately 11.681 acres (BEACH - DISTRICT 6). Recommendation: APPROVAL 1 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 23, 1999 Mayor Meyera E Oberndorf called to order the CITY COUNCIL BRIEFING in the Council Conference Room, City Hall Building, on February 23, 1999, at 3 00 P M Council Members Present Linwood 0 Branch, III, Margaret L Eure, Harold Heischober, BarbaraM Henley, LouisR Jones, RebaS McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, and A M "Don" Weeks Council Members Absent Vice Mayor William D Sessoms, Jr. William W Harrison, Jr [ENTERED 4 53 P M] [ENTERED 3 12 P M i - 2 - CITY COUNCIL BRIEFING MINORITY BUSINESS COUNCIL 3:00 P.M. ITEM # 44631 Edward Hamm, Chair- Minority Business Council, introduced the Members of the Minority Business Council Margaret L. Eure Council Member Helen V. Preti* Vice -Chair Leroy Michael Cloud Butler Sylvia Strickland-Primm * Louisa Strayhorn Shewling Moy Wong Patricia Phillips Director of Finance Staff Liaison Rick Barry Director of Purchasing Staff Liaison *unable to attend Mr Hamm identified the Mission of the Minority Business Council To assist the City in its efforts to increase participation of minority-owned businesses, woman -owned businesses and small businesses in the procurement process and to assure that procurement opportunities are made available to all persons regardless of race, religion, color, sex, national origin or disability GOALS Identify firms who have been awarded City contracts and City agencies involved in projecting the City's image to the public. Encourage City agencies and firms projecting the City's image to fairly reflect Virginia Beach as a City of ethnic and racial diversity when carrying forward the City's business Help achieve and maintain improvement minority business participation levels by prime contractors and subcontractors within Virginia Beach Mr Hamm cited the ACCOMPLISHMENTS of the Minority Business Council: A. "Doing Business with the City of Virginia Beach "Minority Business Conference and Expo. The Minority Business Conference and Expo was held on Wednesday, April 22, 1998 The event was aimed at helping minority, small and female contractors, vendors and suppliers to understand the procurement policies and procedures of the City, and to become more familiar with the City's requirements forgoods and services. The Purchasing Division register new vendors to expand the City's bidder's list while City personnel conducted educational workshops regarding the City's procurement process. 141 individuals attended the Expo, including 84 vendors and 57 staff February 23, 1999 i -3- CITY COUNCIL BRIEFING MINORITY BUSINESS COUNCIL ITEM # 44631 (Continued) B Collaborating with the Human Rights Commission and the Neptune Festival. Nancy Creech and Dan Ryan of the Neptune Festival were invited with the MBC to discuss vendor participation and the impact of the Festival on the City's image A proposal to increase minority representation on the Royal Court was discussed. Subsequently, Mr. Hamm and Mrs Strayhorn met with the Human Rights Commission to discuss point support and mutual concerns for minority participation in the Neptune Festival The most recent Neptune Festival included the selection of more minority princesses than in recent years and a minority Trident, Edward Hamm C Improving minority and small business awards for construction and A & E Services. The MBC requested the City's engineers meet to identify methods of improving minority participation in the construction and A & E procurement process Additionally, members asked that the engineers generate an implementation plan for their suggestions. D Increased the size of MBC from five to seven members E Served as a complaint reviewer. The MBC reviewed a complaint this year The MBC provides the minority community with a place to turn when concerns arise with Virginia Beach business and procurement policy Since inception, the MBC has heard complaints. While no illegal racial discrimination has been reported, the MBC has been able to provide assistance in improving processes and cooperation to avoid the appearance of discrimination or unfair treatment SUMMARY MINORITY AWARDS 94/95 95/96 96/97 97/98 Construction Total awards to minority construction contractors $ 0 $ 349,977 $ 124,423 $ 268,012 Total awards to minority subcontractors $ 6,649,850 2,000 0 0 Total construction contracts awarded $50,416,549 $122,390,212 $ 42,392,916 $ 30,554,966 % of total construction contracts awarded to minority subcontractors/contracts 13% 0 29% 0 29% 0 9% Goods and Services Total minority vendor awards $ 560,630 $ 2,531,402 $ 9,311,589 $ 2,732,554 Total goods/services awards (non - construction) $ 34, 788, 563 $ 38,101, 894 $ 75,133, 097 $ 43, 017, 736 % of total goods/services awards to minorities 1 6% 6 64% 12 39% 6 4% Department of Housing and Neighborhood Preservation Rehab Construction Total awards to minority construction Figures Figures contractors Unavailable Unavailable $ 266,979 $ 166,175 Total construction contracts awarded % of total construction contracts $ 426,982 $ 604,541 awarded to minority subcontractors 63% 27 5% February 23, 1999 1 - 4 - CITY COUNCIL BRIEFING MINORITY BUSINESS COUNCIL ITEM # 44631 (Continued) Regarding measurable impact, minority construction awards increased in 1997-98 from 0.29% to 0.9%. Minority awards for goods and services saw a decline with awards falling from 12.39% to 6.4%. Effective July 1998, a new financial management system was implemented to address Y2K and increase financial management capability At this time, Purchasing staff are working to develop more integrated statistics that will be inform City Council of minority purchasing and payments This has always been recognized as a concern, and the MBC is pleased that steps are in process in this area Mr. Hamm cited the GOALS FOR 1999 Conduct the second Minority Business, with more emphasis on the use of the Internet and other ways to facilitate access to City procurement. Speak at TBA/HRUHCA meetings to increase the awareness of minority subcontractors. Contact local contractors who are sensitive to minority issues and ask for their support. Consider holding a reception for major contractors and minority subcontractors to meet. Increase the number of minority vendors n the City's database for bid requests. The Minority Business Council takes seriously the charge of City Council to be among their Ambassadors to the community, especially the small minority and female business community. Economic Vitality is one of Council 's Destination Points, recognizing that economic prosperity of the City and the region depends on many different elements The Minority Business Council believes that its role in supporting small, minority and female businesses is important to the City's Economic Vitality Creating awareness of this segment as well as education of staff and business, is an investment in the City's future Economic Vitality The MBC is encouraging financial and bonding institutions to support the position of minority/female architects engineers and contractors These entities have not always been able to afford the bonding As a tradition, bidders must have a fair amount of strength concerning bonding. Mr. Hamm advised some of the larger banks have indicated interest in assisting with the problem of bonds and try to encourage the large contractors not to require such a large bond from subcontractors There have been discussions with the City over which projects really need bonding, the amount of the bond actually required and concerning progress payments Mrs Strayhorn advised there have been a number of organizations which the MBC has spoken relative grouping together and attempting to raise a pool of funds to enable these contractors to successfully bid February 23, 1999 1 -5 CI T Y MA NA GER `S BRIEFING FY 1999-2000 REAL ESTATE ASSESSMENTS 3:40 P.M. ITEM # 44632 Jerald D Banagan, Real Estate Assessor advised, on Friday, February26, 1969, the Assessor's Office will mail Notices of Assessment for the Fiscal Year 2000. Only those property owners whose assessment changed will receive an assessment notice Approximately 3% of all properties will receive a decrease in assessment and approximately 74% will receive an increase. The projected FY 2000 assessment of $20,881,404,778 represents a 5.0% increase over the current assessment. Each penny of the tax rate will generate $2,088,000 in revenue for a total tax of $254,753,000 at the current rate of $1.22. The average assessment change for individual properties is approximately +3 66%, however, this figure varies citywide depending on the age, type, quality, classification and location of the property The average assessment change for residential property is +3.38%, and, for commercial/industrial property, the average change is +4.83% Single Family homes increased from $134,400 to $140,800, while townhouses increased from $67,800 to $69,200. Low Rise Condominiums increased 4.9% from $88,300 to $92,700. All types increased approximately $5,000 or 3.9% residences. ALL RESIDENCES 4% Assessed Less Than $ 50,000 21% Assessed Less than $ 75,000 47% Assessed Less than $100,000 78% Assessed Less Than $150,000 90% Assessed Less Than $200,000 94% Assessed Less Than $250,000 98% Assessed Less Than $350,000 New construction for the past 12 months amounted to $344,000,000, which is an increase of 20.9% from the previous year Residential new construction increased by 9.4%, and commercial/industrial new construction increased by 54.8% Residential construction amounted to 67.6% of the total yearly construction, while commercial/industrial represented 32.4%. Growth in land due to rezonings and subdivision amounted to approximately $66,066,000. Total growth in land and buildings amounts to approximately 1.5% of the tax base There was a total of $111,000,000 worth of new commercial construction, however, eight projects comprised 47% of all this new commercial construction GEICO, Hechts - Lynnhaven Mall, Highwoods and Reflections Office Buildings, Marriott's Suites -- Newtown Road, Home Depot, Super K -Mart and Target There have been 1600 to 2000 homes built per year all through the 1990's GROWTH IN LAND 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 $66,066,177 $38,029,862 $74,165,557 $58,820,522 $28,982,724 $12,835,247 $14,730,834 $77,289,421 $35,949,044 $50,072,160 LAND USE VALUES Fiscal Year Agriculture* Forest* 2000 (Proposed) $640 (Proposed with 1 1/2% Risk Added) $395 1999 $730 (Proposed with 1 1/2% Risk Added) $375 1998 $650 (1 1/2% Risk Added) $525 1997 $620 (1 1/2% Risk Added) $430 1996 $600 (1 1/2% Risk Added) $375 1995 (Locally Determined) $590 (1 1/2% Risk Added) $360 1994 $570 $395 1993 5520 $375 1992 $570 $355 1991 (Locally Determined) $650 $355 February 23, 1999 1 -6- CITY MANAGER'S BRIEFING FY 1999-2000 REAL ESTATE ASSESSMENTS ITEM # 44632 (Continued) City Council made a change in the Senior Citizens Program with higher lamats and the freeze There are 1983 individuals under the Exception Program and 128 individuals under the Freeze The average exemption is $907 with the average Freeze being $76. The cost of the program increased from $1,550,000 to $1,810,000 Residential, apartment and agricultural properties comprise 81.4% of the tax base with commercial and industrial properties constituting 18.6% of the tax base. The percentage of the tax base for commercial property increased 0.4% from the current year. February 23, 1999 1 -7- CITY MANAGER'S BRIEFING TELECOMMUNICATIONS RIGHT-OF-WAY USE FEE 4:12 P.M. ITEM # 44633 E. Dean Block, Director - Management Services, advised the purpose of the Briefing is to review the new revenue opportunity of the Telecommunications Rights -of -Way User Fee and request City Council's direction Before the passage of HB 957 by the 1998 Legislature, localities could only obtain compensation for their rights-of-way through the franchise renewal process HB 957 is designed to establish a consistent and equitable charge for use of public rights-of-way by telecommunication providers across the state Since most telecommunication franchise agreements have traditionally been long-term (20 years or more), the opportunity to negotiate a franchise fee does not occur often The typical result for Virginia localities has been no compensation due to the limited leverage localities have when renegotiatingfranchise renewals Telecommunications providers, along with the Virginia Municipal League (VML) and the Virginia Association of Counties (NACO), actively participated in developing the language and eventual compromise solution associated with HB 957. OVERVIEW OF ENABLING LEGISLATION Adopted by the General Assembly in 1998. Compromise between VML, NACO, localities and industry Allows localities to capture value for use of rights-of-way most now receive compensation only from cable. Taps into telecommunications revolution. Localities must adopt fee by March 15 before a given fiscal year. Must give telecommunication providers three months notice. Funding available July 1, 1999. VDOT is responsible for recalculating rate in January prior to a given fiscal year based on a formula in the legislation. Minimum rate is $.50/month/access line. FY2000 RATE = $.50. Legislation requires that the cost be passed on to user. Will be shown as distinct line -item on customer bill. Typical resident will experience a $6 annual increase in phone bill. If City causes new telecommunications facilities to be moved within six years of installation, City pays some/all relocation costs. Not a major issue due to CIP funding. Revenue of approximately $1.5 -MILLION in FY 2000. Ongoing, growth oriented revenue stream. Relative alternative uses of revenue, there are many specific, priority concerns existing: School Technology, Libraries, neighborhood/sustainable community, public safety, aging infrastructure. Some Alternatives. First $750,000 goes into School Technology Fund - remainder to open space acquisition/neighborhood improvements in older areas of the City Other opportunities are emerging based on work of committees/budget process (e.g., some portion goes towards Library Modernization). Council could adopt fee and decide where to direct funding during the upcoming budget process when full range of data is available February 23, 1999 1 -8- CITY MANAGER'S BRIEFING TELECOMMUNICATIONS RIGHT-OF-WAY USE FEE ITEM # 44633 (Continued) Limited research indicates that the City of Norfolk is the only Virginia locality to have a franchise fee for telecommunications with the fee being negotiated over 40 years ago None of the area localities (Newport News, Hampton, Chesapeake, or Portsmouth) have implemented the rights-of-way fee; however, Hampton's City Council may consider whether to adopt the fee in March. The Virginia Municipal League indicates Alexandria, Arlington, Blacksburg, Fairfax, Falls Church, Leesburg, Lynchburg, Pearasburg, Vienna, Vinton, Haymarket and Dumfries have implemented the fee while Culpepper, Richmond and Roanoke are considering implementation of the fee. BY CONSENSUS, a PUBLIC HEARING and Ordinance for the public rights-of-way by providers of local exchange telephone service shall be SCHEDULED for the City Council Session of March 2, 1999 February 23, 1999 1 -9- CITY MANAGER'S BRIEFING SPORTS MARKETING PLAN 4:55 P.M. ITEM # 44634 James B Ricketts, Director - Convention and Visitor Development, advised the opportunities have come forward relative Sports Marketing Mr Ricketts introduced Ron Kuhlman, Director of Sales and Marketing, who advised the groups and individuals traveling for sports -related reasons can be divided into two categories Participatory sports and Non participatory sports An Attractive Market segment Individuals and groups spend $118 -Billion a year on sports -related travel: $63-BILLIONfor adventure travel and fantasy trips $47 -BILLION for family and spectator travel $ 6 -BILLION on team and participant travel $ 2 -BILLION on corporate incentive trips Competition is one the Rise Over the last 10 years, the number of U.S. cities with sports commissions has grown from 10 to 170 In 1987, three cities bid for the U S Olympic Gymnastics trials In 1996, 57 cities bid for the event In 1997, the Amateur Athletic Union experienced a 24% increase in attendance at their individual sport national championships. Girl's participation in AA U basketball has surpassed all other AA U sports. This July, the City anticipates 1,200players at theAA UGirls 14 and Under National Basketball Championship that will be held right here in Virginia Beach. Impact on the Local Community Preliminary results from 1998 survey of the Junior Olympic participants who stayed in Virginia Beach indicated Average party spending $1,642 Average household income $77,015 74.9% would not have visited Hampton Roads if not for the Junior Olympic Games 61 % planned to return within the next two years Virginia Beach's Sports Marketing Activity Host City of the Columbus Day Soccer Tournament -- the largest and most prestigious boys soccer tournament on the east cost Host City for the 1998 X -Trials Host City for Professional Bowlers Association Championship Co -Host City for the AAUJunior Olympic Games Home of the Hampton Roads Mariners Host City for the East Coast Surfing Championship for 37 years Host City for the Shamrock Marathon and Sportsfest for 27 years Host City for the North American Sand Soccer Championships, the Country's largest sand soccer tournament Completed the First Annual IGFA Striped Bass World Championships to promote sport fishing. In 1999, Virginia Beach will play host to 43 amateur and 18 professional sporting events including 15 Mariners home games and the "A" League All Star Game. The number of room nights generated from soccer alone is estimated at 24,000. February 23, 1999 1 -10- CITY MANAGER'S BRIEFING SPORTS MARKETING PLAN ITEM # 44634 (Continued) Launching a dedicated sports marketing effort: Supports Council's desire to make the City a year-round destination. Enhances economic vitality through incremental visitation, awareness of and participation in sporting events. Promotes and markets the excellent quality of life in Virginia Beach through regional and national exposure and positions the City as a quality sports and recreation destination. Reinforces the City's strategy for cultural and recreational opportunities. Increases the utilization of the City's and region's sports facilities. Enhances the diversity of the tourism business. Competition for sport tournaments and events is growing. Provides specific marketing/promotion support for new facilities like the Sportsplex The City currently has a bid for the 2001-2002 or 2003 Cross Country Championships for AA U, which will bring, if successful, 2000 runners into the City the first weekend ofDecember on an already existing course Sports Marketing Roles and Responsibilities Sales and Marketing Expand the current sports marketing base by targeting events and tournaments sanctioned by the A UU, NAIA and NCAA Build synergistic relationships with local amateur organizations (e g Tidewater Striders and HRSC) to co -host events with the City Identify and recruit appropriate local, regional and national sponsors to support the event either financially or with in-kind services Event Management Coordinate activities with event "owner" and local support services Provide logistic support for invited tournaments In planning orattractingfuturesportingevents and activities, thefollowingfactors are considered. Potential to generate room nights, Potential to generate regional and national media exposure for the City, and, compliments the City 's image of a family resort destination Goals and Objectives Creates awareness among site selection decision makers that the Sportsplex, as well as the City, is an ideal location to host their next field sport tournament or event. Leverage our relationships with the AAUto raise the regional and national profile of Virginia Beach as a preferred field sports and event destination February 23, 1999 1 CITY MANAGER'S BRIEFING SPORTS MARKETING PLAN ITEM # 44634 (Continued) Tactics Aggressively pursue tournaments coming up for bid and submit proposals/bid documents for those tournaments that meet the previously defined criteria Create sports events that meet the same criteria. A series of advertisements has been developed that will run in publications targeting people/organizations who are responsible for making tournament/event site selection Execute a direct mail campaign that showcases the Sportsplex and other related facilities targeting collegiate athletic directors, conference commissioners, athletic event planners, and regional offices of National Governing Bodies. Develop vbsports.com section of the City's tourism web site which will feature the Sportsplex and other local sport venues and would allow event planners to email requests for additional information. Generate leads by participating in trade shows that provide networking opportunities and gives the City's sport venues the most national and regional exposure. Create awareness of the City as a sports/recreation destination by staying in touch with newspapers, sports columnists, wire services, and soccer/sports related media. Mr Kuhlman outlined the DESIRED OUTCOMES: First year program goals. $1.2 -MILLION in future bookings $500,000 in media value 60 events at the Sportsplex (including Mariners Games.) ROI for future bookings and media exposure of $12 for each $1 spent February 23, 1999 1 -12- AGENDA REVIEW SESSION 5:30 P.M. ITEM # 44635 17 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Five Star Limousine, Inc. Vice Mayor Sessoms advised this item will be DEFERRED for thirty (30) days ITEM # 44636 ADD-ON Ordinance to TRANSFER funds in the amount of $30,000 from the General Fund Reserve for Contingencies to the FY 1998-99 Operating Budget of the Department of Museums re providing funding to the Contemporary Arts Center for the Chihuly Art of Glass Exhibit; and, request that the Virginia Beach Arts and Humanities Commission consider providing an additional $20, 000 for the event Councilman Harrison requested this Ordinance be ADDED to the Agenda. This Ordinance is sponsored by Mayor Oberndorf Vice Mayor Sessoms and himself ITEM # 44637 BY CONSENSUS, the following items shall compose the CONSENT AGENDA ORDINANCES/RESOLUTION 13 Ordinance to AMEND the FY 1998-1999 Capital Budget by APPROPRIATING $6,554,159 to Communication System Upgrades (CIP #3-446) with $3,241,854 being provided through a Lease/Purchase Agreement and the remainder from balances within the DEA, Water, Sewer and Storm Water funds. 12 Ordinance to authorize the City Manager to lease city property, known as Space #10 of the FARMERS' MARKET, to Laurie Moser, T/A Reflections of the Heart, effective 24 February 1999 thru 30 June 2000. 1.3 Ordinance to APPROPRIATE $450,761 from the General Fund balance to the FY 1998-1999 Operating Budget of the Department of Information Technology re replacement of existing remittance processor and cashiering systems in the City Treasurer's Office which need repairs and are not Y2K - compliant. I4 Ordinance to APPROPRIATE $15,000 from the Francis Land House Board of Governors Trust Fund to the FY 1998-1999 Francis Land House re operations of the Francis Land House and History Park 15 Ordinance to ACCEPT and APPROPRIATE a $4, 750 Grant from the Virginia Commission for the Arts to the FY 1998-1999 Operating Budget of the Arts and Humanities Commission re supporting local arts programs February 23, 1999 1 -13- AGENDA REVIEW SESSION ITEM # 44637 (Continued) 1.6 Resolution to authorize the City Manager submit application to the Chesapeake Bay Local Assistance Department fora $44, 323 Grant to achieve full consistency with Phase II of the Regulations re Comprehensive Plans, continuation of local program implementation and refinement of GIS for local mapping assistance The City will provide local matchingfunds, and, should the City subsequently agree to cancel this project, agrees to reimburse the Department for the total amount of expended funds through the notification of cancellation date 17 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Five Star Limousine, Inc. 18. LICENSE REFUNDS $19,838.44 Item 1.7. will be DEFERRED, BY CONSENT, until the City Council Session of March 23, 1999 February 23, 1999 1 -14- AGENDA REVIEW SESSION ITEM #44638 J 3 Application of CHRIST EPISCOPAL CHURCH for a Conditional Use Permit for a church (expansion) on the North side of Holland Road, 280 feet more or less East of Buyrn Farm Road (2520 Holland Road), containing 4.707 acres (PRINCESS ANNE - DISTRICT 7) Council Lady Henley was advised the expansion involved a modular building ITEM #44639 J 5 Application of TIMOTHY C. McCOY for a Conditional Use Permit for a recreational facility of an outdoor nature at the Southeast Corner of Pacific Avenue and 22nd Street, containing 14,026 square feet (BEACH - DISTRICT 6 Council Lady Eure wished to add verbiage to Condition 3 This item will be discussed during the Formal Session. ITEM #44640 16 Applications re the East side of Princess Anne Road South of South Plaza Trail (KEMPSVILLE -DISTRICT 2) a. PRINCESS ANNE TRAIL PARTNERS, L.L.C. , containing 2.737 acres 1 Change of Zoning District Classification from R-7 5 Residential District to Conditional B-2 Community Business District 2 Conditional Use Permit for gasoline sales and a car wash in conjunction with a convenience store Vice Mayor Sessoms will be ABSTAINING on Princess Anne Trail as family members are involved in the application ITEM #44641 17. Application of HOME DEPOT U.S.A. for a Change of Zoning District Classification from R -5D Residential Duplex District to Conditional B-2 Community Business District at the Southeast intersection of Princess Anne Road and South Independence Boulevard, containing 232.07 acres (CENTERVILLE - DISTRICT 1). ITEM #44642 Councilman Harrison wished to ADD to the Agenda RECONSIDERATION of PRINCESS HOUSE, L.L.C., denied 1/26/99, for a Conditional Use Permit for housing for the aged on the East side of Princess Anne Road, 180 feet North of Baxter Road, containing 5 014 acres. (KEMPSVILLE - DISTRICT 2) ITEM #44643 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA J 1 Application ofANNH. WHITFIELD, BARBARA S. HUDGINS and JAMES C. BOWEN for a Variance to Section 4 4(b) of the Subdivision Ordinance which requires that newly created lots must meet all requirements of the City Zoning Ordinance (CZO) on Sheffield Drive, Lots 4, 5 and 6, Old Donation Estates, Section One (LYNNHAVEN - DISTRICT 5). February 23, 1999 -15 - AGENDA REVIEW SESSION ITEM #44643 (Continued) J2 Application of W. KEITH WOODARD, TRUSTEE, L YNNHA VEN UNITED METHODIST CHURCH for a Conditional Use Permit for a parking lot on the South side of Little Neck Road at the Southern extremity of Harris Road, containing 2 67 acres (LYNNHA VEN - DISTRICT 5) J 3. Application of CHRIST EPISCOPAL CHURCH for a Conditional Use Permit for a church (expansion) on the North side of Holland Road, 280 feet more or less East of Buyrn Farm Road (2520 Holland Road), containing 4.707 acres (PRINCESS ANNE - DISTRICT 7) J 4. Application of TRITON, PCS for a Conditional Use Permit for wireless communication antennas on existing monopole on the South side of Dam Neck Road, West of Holland Road (3289 Dam Neck Road), containing 3 9 acres (PRINCESS ANNE - DISTRICT 7) J 6. Applications re the East side of Princess Anne Road South of South Plaza Trail (KEMPSVILLE -DISTRICT 2) a PRINCESS ANNE TRAIL PARTNERS, L.L.C. , containing 2 737 acres 1. Change of Zoning District Classification from R-7 5 Residential District to Conditional B-2 Community Business District 2 Conditional Use Permit for gasoline sales and a car wash in conjunction with a convenience store b. RML CORPORATION, containing 10.200 acres 3 Change of Zoning District Class! !cation from R-7.5 Residentll District to Conditional A-12 Apartment Dis ict J 8 Application ofDAVISVILLE PROPERTIES, L.L. C. for Change of Zoning District Classification from R-10 Residential District and B-2 Community Business District toConditional B-2 Community Business District at the Southwest intersection of First Colonial Road and Republic Road, containing approximately 11 681 acres (BEACH - DISTRICT 6) Vice Mayor Sessoms will ABSTAIN on Item J.6.a /b February 23, 1999 1 -16- CITY COUNCIL COMENTS 5:37 P.M. ITEM #44644 Council Lady Eure referenced conferring with Patrick Janezack, Zoning Administrator, relative applications involving netting, as in the Application of TIMOTHY C. McCOY for a Conditional Use Permit for a recreational facility of an outdoor nature at the Southeast Corner of Pacific Avenue and 22"d Street, containing 14,026 square feet (BEACH - DISTRICT 6) Council Lady Eure requested applications of this nature be forwarded to the Planning Commission for their consideration of revising the Ordinance so that the netting would have to be repaired or replaced within 30 days This would be beneficial for the enforcement staff. ITEM # 44645 Council Lady Henley complimented the Stewardship Report of the Friends of the Ferry Plantation House, Inc. and distributed a copy to City Council ITEM # 44646 Councilman Jones referenced correspondence from Attorney David Hay concerning the DuPont Circle Condominium petition of the Site Plan Approval A report shall be SCHEDULED for the City Council Session of March 2, 1999 by Assistant City Attorney Willtam Macali ITEM # 44647 Council Lady Parker and Council Lady McClanan referenced the first committee meeting between the Library Board and the City Council to commence formulating ways to finance some of the necessary projects which failed in the 1998 Referendum The basic "bricks and mortar" of the library renovation expansion program is estimated to cost approximately $16 -MILLION If the $16 -MILLION is phased in over a 5- or 6 -year period, this would entail approximately $3 plus -MILLION per year. The Committee is exploring creative methods to save funds, i. a naming a wing of the Library as in the Virginia Marine Science Museum ITEM # 44648 Council Lady Parker referenced the amphitheater noise issue and providing a solution to the residents. The City Manager advised the staff had met with the residents, but are waiting for response from Cellar Door relative the solution. ITEM # 44649 Mayor Oberndorf referenced her Leadership Meeting at the U S. Conference of Mayors last week and will provide information to City Council during NEW BUSINESS. February 23, 1999 1 -17- ITEM # 44650 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, February 23, 1999, at 543 PM Council Members Present: Linwood O. Branch, III, Margaret L Eure, William W Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and A M "Don" Weeks Council Members Absent: None February 23, 1999 -18 - ITEM # 44651 Mayor Meyera E Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose. PERSONNEL MATTERS• Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 21-344 (A) (1) To Wit Boards and Commissions Parks and Recreation Commission Virginia Beach Community Development Corporation Virginia Beach Crime Task Force PUBLICLY -HELD PROPERTY. Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly -held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3) To -Wit: 31st Street Project Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into EXECUTIVE SESSION. Voting 11-0 Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W. Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D Sessoms, Jr. and A M "Don" Weeks Council Members Voting Nay. None Council Members Absent • None February 23, 1999 1 - 19 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 23, 1999 6:25 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 23, 1999, at 6 25 P M Council Members Present • Linwood 0 Branch, III, Margaret L Eure, William W. Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M "Don" Weeks Council Members Absent None INVOCATION• Reverend James Bennett, Sr Avalon Church of Christ PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, disclosed there were no matters on the agenda in which he has a "personal interest'; as defined in the Act, either individually or in his capacity as an officer of Wachovia Bank, with the exception of Item J 6a/b. (Princess Anne Trail Partners, LLC and RML) The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 4, 1999, is hereby made a part of the record February 23, 1999 1 -20- Item VI -E CERTIFICATION OF EXECUTIVE SESSION ITEM # 44652 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council Voting. 11-0 Council Members Voting Aye Linwood O. Branch, III, Margaret L Eure, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor William D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay: None Council Members Absent None February 23, 1999 1 ttnwtuttun CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 44651, Page 18, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. V.,.....---"409, ,1/.......---- uth Hodges Smith, CMC/AAE City Clerk February 23, 1999 1 Item V -F 1 MINUTES -21- ITEM # 44653 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of February 9,1999. Voting. 11-0 Council Members Voting Aye. Linwood O. Branch, III, Margaret L Eure, William W Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay: None Council l Members Absent: None February 23, 1999 1 - 22 - Item VI -G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 44654 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADDED to the AGENDA: Ordinance to TRANSFER funds in the amount of $30,000 from the General Fund Reserve for Contingencies to the FY 1998-99 Operating Budget of the Department of Museums re providing funding to the Contemporary Arts Center for the Chihuly Art of Glass Exhibit; and, request that the Virginia Beach Arts and Humanities Commission consider providing an additional $20,000 for the exhibit Voting: 11-0 Council Members Voting Aye. Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council 1 Members Absent: None February 23, 1999 1 - 23 - Item VI -G.2. PRESENTATION ITEM # 44655 Ron Kuhlman introduced representatives of the Downtown Norfolk Council under whose auspices the Lighted Boat Parade was held as well as representatives involved with Virginia Beach 's participation Mayor Oberndorf presented each with Certificates of Appreciation. Derry Haywood Chairman Lighted Boat Parade Committee Ruby Haynes Kristin Reinhardt Special Events Coordinator Richard Maddox Chairman - Resort Leadership Council Danielle Batdorf Cellar Door Jim and Brenda Scully Cellar Door Lorraine Dunn Chairman Haywood advised this event is the largest lighted boat parade on the East Coast There were over 60 boats involved Mayor Oberndorf led the charge on the boat donated by Richard Maddox The City of Virginia Beach won the Mayor's Cup February 23, 1999 -24 - Item VI -G.3. PRESENTATION ITEM # 44656 The TEEN COUNCIL of Parks and Recreation extended an invitation to the Mayor and City Council for their 1999 VIRGINIA BEACH CANDLELIGHT CEREMONY FOR ABUSED AND NEGLECTED CHILDREN. The ceremony will begin at 5 30 P M on Tuesday, March 23, 1999, in the rotunda of the Municipal Center. Mayor Oberndorf presented each participant with a City Seal memento February 23, 1999 1 - 26 - Item VI -H.1. PUBLIC HEARING ITEM # 44658 Mayor OberndorfDECLARED A PUBLIC HEARING: COMMUNICATION SYSTEM UPGRADE City's Emergency Communication System There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. February 23, 1999 Item VI -H.2. PUBLIC HEARING - 27 - ITEM # 44659 Mayor Oberndorf DECLARED A PUBLIC HEARING: FARMERS' MARKET LEASE Space #10 - Laurie Moser T/A Reflections of the Heart There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. February 23, 1999 1 -28- Item VI -I. ORDINANCES/RESOLUTION ITEM # 44660 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION, Ordinances/Resolution 1, 2, 3, 4, 5, 6, 7 (Deferred 30 days) and 8 . Item J 7 was DEFERRED, BY CONSENT, until the City Council Session of March 23, 1999 Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay: None Council Members Absent None February 23, 1999 1 - 29 - Item VI -I.1. ORDINANCES/RESOLUTION ITEM # 44661 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND the FY 1998-1999 Capital Budget by APPROPRIATING $6,554,159 to Communication System Upgrades (CIP #3-446) with $3,241,854 being provided through aLease/Purchase Agreement and the remainder from balances within the DEA, Water, Sewer and Storm Water funds. Voting 11-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L. Eure, William W. Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay None Council Members Absent • None February 23, 1999 1 AN ORDINANCE TO AMEND THE FY 1998-99 2 CAPITAL BUDGET BY APPROPRIATING AN 3 ADDITIONAL $6,554,159 TO CAPITAL PROJECT 4 #3-446, COMMUNICATION SYSTEM 5 UPGRADES 6 WHEREAS, a reliable voice and data radio communication system is vital to the 7 safety of Virginia Beach citizens and the operations of various City agencies, 8 WHEREAS, the City's existing radio communications system needs to be upgraded 9 to improve coverage, increase capacity, replace old and outdated equipment, and address known 10 Year 2000 problems; 11 WHEREAS, a solution that satisfies the City's requirements of providing the 12 necessary system improvements and increasing the longevity of the system has been presented 13 to the City Council and recommended by the City Manager; and 14 WHEREAS, funding for this upgrading and improvement of the City's voice and data 15 radio communication system is available from balances in the DEA fund, the Water and Sewer 16 fund, and the Stormwater fund, and from the proceeds of a lease purchase agreement. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 1. That the FY 1998-99 Capital Budget is hereby amended by appropriating an 20 additional $6,554,159 to Capital Project #3-446, Communication System Upgrades 21 2. That funding for this new appropriation shall be provided from $3,241,854 in 22 proceeds from a lease purchase agreement, with the remaining $3,312,305 being appropriated 23 from available fund balances in the DEA fund ($2,387,305), the Water and Sewer fund ($850,000), 24 and the Stormwater fund ($75,000). 25 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of 26 Feburary , 1999. 27 This ordinance requires an affirmative vote by a majority of the members of City 28 Council. 29 CA -7266 30 NONCODE\COMMUNI.ORD 31 FEBRUARY 17, 1999 32 R6 Approved as to Legal Sufficiency "tri ---N--' crilz'r 1 -30- Item VI -I.2. ORDINANCES/RESOLUTION ITEM # 44662 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance to authorize the City Manager to lease city property, known as Space #10 of the FARMERS' MARKET, to Laurie Moser, T/A Reflections of the Heart, effective 24 February 1999 thru 30 June 2000 Voting 11-0 (By Consent) Council Members Voting Aye. Linwood 0 Branch, III, Margaret L Eure, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay: None Council Members Absent • None February 23, 1999 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO LEASE CITY PROPERTY KNOWN 3 AS SPACE #10 OF THE FARMER'S MARKET 4 LOCATED IN VIRGINIA BEACH, VIRGINIA, 5 TO LAURIE MOSER, T/A REFLECTIONS OF 6 THE HEART 7 WHEREAS, the City of Virginia Beach has leased spaces in 8 the Farmer's Market located at the intersection of Princess Anne 9 and Dam Neck Roads for twenty-three years; and 10 WHEREAS, Laurie Moser, t/a Reflections of the Heart 11 desires to enter into a lease agreement with the City of Virginia 12 Beach for the lease of space #10 at the Farmer's Market, in order 13 to operate a produce market; and this Lease shall begin on February 14 24, 1999, and expire on June 30, 2000. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 17 That the City Manager is hereby authorized on behalf of 18 the City of Virginia Beach to enter into a lease with Laurie Moser, 19 t/a Reflections of the Heart for space #10 at the Farmer's Market 20 in substantially the form attached hereto. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on the 23rd day of Feburary , 1999. CA -7250 DATA\ORDIN\NONCODE\LEASE.ORD R-1 PREPARED: 1/26/99 APPROVED AS TO CONTENT: i. -,(,d, e APPROVED AS TO LEGAL SUFFICIENCY: • .. 6/L -ret -t ----- Department of La City of Virgirzia Beach FARMERS MARKET LEASE AGREEMENT The Virginia Beach Farmers Market, ("Market"), is owned and operated by the City of Virginia Beach, ("City"), and operates as a division within the Department of Agriculture. The Department of Agriculture is responsible for the management of the Market, and the Department of General Services is responsible for the building and grounds of the Market. The Market is a facility where sellers and buyers come together to purchase agricultural products and complimentary goods in a family-oriented country -rural atmosphere. THIS AGREEMENT OF LEASE, "Lease",is made this 27th day of January 1999, by and between the CITY OF VIRGINIA BEACH, ("City") and Laurie Moser T/A Reflections of the Heart , "Lessee". In consideration of the rent and covenants to be kept and performed by the parties hereto, City, agrees to lease and Lessee agrees to rent, upon the terms and conditions that follow, the Leased Space(s) ("Leased Space"). 1) TERM: The term of this lease shall begin; at 12:01 AM, on the 24th day of February, 1999 and shall terminate at 12:00 PM, on the 30th day of June, 2000. 2) DESCRIPTION OF LEASED SPACE: Leased Spaces are located in buildings 1-7. Spaces in buildings 1-6 extend inward from the boardwalk for a distance of approximately thirty(30)feet and for a length of approximately 40 feet. Leased Space is limited to a maximum of 30' x 80' per Lessee. Your Leased Space number(s) is 10 3) PAYMENTS: Lessee will pay to the City, a Base Rent, applicable Utilities and $30 per month as either Merchant Association Dues or a City Promotional Fee (altogether called "Rental Payment"). Rental Payment is due monthly in cash or by one check made payable to City Treasurer of Virginia Beach. Payment is due on the first day of the month, and must be received no later than noon on the 10th day of each month, except for holidays, in which 1 case the due date will be noon of the next business day ("Due Date"). If Lessee fails to pay the Rental Payment on any Due Date, Lessee must pay a $25 late charge. Payments will reflect figures rounded to the nearest dollar. (a) Rental Payment: Rental Payment is $ 6492.00 annually, which must be paid in monthly installments of $ 541.00 (b) Merchants Association Dues or City Promotional Fees: Lessee will pay $30 per month as either Merchants Association Dues or City Promotional Fees, which are established from time to time by the Farmers Market Merchants Association and by the City. (c) Utilities: (i) The City will provide water and sewerage service. (ii) Except as provided in (iii) and (iv), the City will provide electric service, unless the Lessee has its own account with Virginia Power, in which case, the Lessee agrees to make payments directly to Virginia Power for electric service. (iii) The Lessee will pay $22 monthly for each heater or air conditioner per each enclosed space. This fee applies without regard to the extent of use of the heater(s) or air conditioner(s). (iv) The Lessee will pay $2.50 weekly per unit for the use of additional refrigerators, freezers, chillers, ice machines, ice cream makers, snow -cone machines, beverage dispensers, and other equipment approved by the City. 4) MANAGEMENT TEAM: The Farmers Market Management Team, ("Management Team") consists of: the Manager of the Farmers Market ("Manager"); the Director of the Department of Agriculture ("Director"); the City Manager or designee; the President of the Farmers Market Merchants Association, if the Farmers Market Merchants Association is reestablished, or his/her designee (who is elected annually and must be a Lessee), or, if no Farmers Market Merchants Association has been reestablished, a tenant representative; and a Virginia Beach farmer or producer,(who may not be a Lessee and who is appointed annually by the Director and the Manager). 5) MERCHANTS ASSOCIATION: If or when a Farmers Market Merchants Association is reestablished, Lessee must be a member of the Farmers Market Merchants Association ("Association"). The Association's Executive Committee is composed of the officers elected by the organization and has the authority to call and hold membership meetings, to cause the Association to establish membership dues or other fees, to appoint committees including, a promotion and advertising committee, and such other powers and duties as may be directed by the membership, not inconsistent with the Market Lease Agreement. The dues and fees may be used by the Association Budget Committee to promote and advertise the Market and its activities. 6) MARKET MIX: (a) In order to provide an appropriate "mix" of business establishments this list has been selected by the Management Team. 2 TYPE Restaurant Meat Dairy Seafood' Bakery Specialty Nursery Produce QUANTITY 1 1 1 1 1 7 1 Unlimited (b) The "mix" is subject to change at any time at the sole discretion of the Management Team. (c) Your classification within the Market Mix is: specialty . (d) The Management Team has the authority to solicit prospective Lessees for the Market and assign all Leased Spaces. 7) ITEMS AUTHORIZED FOR SALE: Lessee may sell only the items listed on lines below. Any request to sell additional items must be submitted in writing to the Manager and is subject to the approval of the Director, within his sole discretion. 8) ITEMS AUTHORIZED: (Use attachment if extra space is needed) Handcrafted woodwork, pottery, handcrafted frames, cards, ornaments, Cloth work, Locally made crafts and goods NO FOREIGN made GIFTS or trinkets may be sold. 9) HOURS OF OPERATION: The Leased Space must remain open for business in accordance with the schedules listed below. "Open for Business" means: a) that the Leased Space is staffed by at least one salesperson during business hours; and b) that there must be a sufficient quantity and quality of merchandise, properly displayed. Rental payments will not be reduced because spaces are not open. (a) July, August, September, October, May and June: All Lessees both covered and enclosed must be open no later than 10:00 AM and close no earlier than 5:00 PM, Monday - Saturday. On Sunday Lessees must be open no later than 11:00 AM and close no earlier than 5:00 PM. (i) During the above listed months, Lessees will have the option of being closed one day per week of their choice. Lessees must stay with the day chosen for the lease period, unless a written request to change the day, is submitted to and approved by the Manager. Your day to be closed is (CIRCLE ONE): Monday, Tuesday, Wednesday, Thursday, Friday, Saturday or Sunday. 1 Prior to any sale of seafood, the Lessee must also enter into a separate Seafood Addendum with the City. 3 1 (b) November, December, January, February, March and April: The enclosed and covered Lessees must be open no later than 10:00 AM and close no earlier than 5:00 PM, Monday - Saturday. On Sunday Lessees must be open no later than 11:00 AM and close no earlier than 5:00 PM. (i) During the above listed months, Lessees will have the option of being closed two days per week of their choice. Lessees must stay with the days chosen for the lease period, unless a written request to change the days, is submitted to and approved by the Manager. Your two days to be closed are (CIRCLE TWO): Monday, Tuesday, Wednesday, Thursday, Friday, Saturday or Sunday. (ii) Covered spaces are not required to be open during January, February, March and April. (c) In cases of a bona fide emergency, such as, illness or death in the family, Lessees will be exempt from the Hours of Operation Policy. 10) CONDUCT: (a) Lessee is responsible for the actions of its agents, employees, and staff, as well as any minor children of the lessee, its agents, employees, or staff brought to the Market. Lessee is responsible for ensuring that such persons comply with the provisions of this Agreement. and employees. (b) Any person defacing or destroying City property or committing any other unlawful act(s), will be subject to arrest and prosecution. The restroom facilities, drinking fountains, and public telephones are for the convenience of Lessees and the public. These facilities must be kept clean to the extent possible. (c) Market Office Staff on duty have the authority to have removed from the Market any persons gambling, under the influence of intoxicants, acting in a disorderly manner, or using profane, abusive, or discourteous language while on the Market premises. The only type of gambling permitted is the Virginia State Lottery when permitted by Lessee's individual lease. (d) No alcoholic beverages may be brought onto or consumed on the Market by Lessees or their employees. Lessee may not sell any alcoholic beverages or apply to the Alcoholic Beverage Control Board, or any successor agency, for any license to sell alcoholic beverages. (e) There may not be any sleeping at any time within any Leased Space. No cots, house trailers, camping units or other sleeping accommodations may be set up in any Leased Space. (f) There will be no loitering by the Lessee on the premises, after regular operational hours other than for cleaning, restocking, or other purposes directly related to the business. (g) The Leased Space may not be used for anything other than the specified purpose identified in this Lease. (h) Reselling (Scalping) of tickets to public events is prohibited. (i) Lessee shall comply with such other rules and regulations 4 promulgated by the City and provided by the City to its tenants by hand delivery or by mail. 11) SIGNS: (a) Operational signs: (i) A sign indicating whether the Lessee is open or closed must be displayed on the door of all enclosed spaces at all times. (ii) A rope or chain must be stretched across the front of a l l covered spaces with a "Closed" sign, when the business is closed. (iii) A sign indicating the Lessee's hours of operation must be displayed at all times for both enclosed and covered spaces. (b) Sale signs: Sale signs visible from the exterior of a business space are permitted only if the sign has a surface area of ten square feet or less. Immediately upon completion of the sale, signs must be removed. Signs of a reasonable size indicating the item, price, quantity, etc. are permitted. All signs are subject to the approval of the Manager. 12) SUBLETTING/ASSIGNMENT: The Lessee may not assign or sublet the Leased Space without the prior written consent of the Management Team, and any purported assignment or subletting made without consent is void. If the Lessee desires to assign its lease or sublet its Leased Space, the Lessee is encouraged, but not required, to consider persons on the Market waiting list as prospective Assignees or Sublessee. The Management Team will not withhold its consent to an assignment or sublease solely because the proposed assignee or Sublessee is not on the Market waiting list. Assignees and Subleases must comply with all terms and conditions of this Lease. 13) COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS: This Lease is governed by Virginia law, and all questions arising shall be determined in accordance with such law. The parties agree that any litigation involving this lease shall be filed in the courts of the City of Virginia Beach, Virginia. The Lessee will conduct its business in accordance with all Federal, State, and City laws, ordinances, rules and regulations pertaining to the Market and the business of Lessees and tenants of the Market. The Leased Space may not be used in a manner detrimental to the City. 14) REPAIRS: (a) The Lessee must repair, to the City's satisfaction, any willful, accidental, or other damage caused by Lessees or their agents, employees, or licensees. (b) The Lessee must make immediate repairs or remedy any condition found to be a hazard, upon either written or verbal notice to the Lessee by the City. (c) The Lessee must repair and, if necessary, replace, the heating and air conditioning units, and/or if applicable, the heat pump units servicing the Leased Space. (d) The Lessee must make all electrical repairs within the Leased 5 Space. This includes the repair of existing outlets and the installation of additional outlets. All outlets must be installed by a licensed electrician. The Lessee must replace all light bulbs within the Leased Space. (e) The Lessee is responsible for all general maintenance and plumbing repairs in its Leased Space. (f) The City is responsible for all structural repairs. 15) ALTERATIONS AND ADDITIONS: The Lessee may not make any change to the Leased Space unless an Alteration/Addition Request Form is first submitted to the Manager and is approved in writing. All alterations or additions must be approved by the Manager and City Building and Maintenance Personnel. Unless the parties agree otherwise in writing in the Alteration/Addition Request Form, it is agreed that at the expiration of the term of this Lease, or any extension thereof, all equipment, material, and improvements installed by or on behalf of Lessee will become the property of the City. 16) EVENTS: The Market may hold special events or promotions at the sole discretion of the Director. The Manager may solicit sponsors for special events. Sponsorships may include the receipt of money or other consideration by the City. Food or Drink items may be sold during special events or promotions only by prior written permission of the Manager/Director. 17) INSPECTIONS: There may be unannounced inspections by the Manager and the Departments of Agriculture, General Services, Health, Fire, and Risk Management. The Lessee is responsible for correcting all violations found. 18) INDEMNITY AND INSURANCE: Lessee agrees to protect and hold the City harmless and to indemnify the City, its officers, and employees from any and all claims, demands, suits, actions, judgements, and recoveries for or on account of damage, theft, or injury, including death, to property or person occurring as a result of Lessee's use of the leased property, including loss or injury resulting to Lessee as a result of electrical or equipment failure, or any other cause arising from Lessees use or occupancy of the property except if the cause is the result of sole negligence of City, its agents, servants, or employees. Lessee must maintain in full force and effect, a policy or policies of liability insurance insuring City and its agents, officers and employees against the risks set forth hereinabove. A copy of the policy or policies, or a certificate of insurance evidencing the policy, must be delivered to the Manager. The policy must be a Commercial General Liability Policy, including products coverage with a combined single limit. The limit for Lessees selling prepared food for consumption may not be less than ($1,000,000). For Lessees selling non-food products, or garden produce, the limit may not be less than ($500,000). 19) CLEANLINESS: (a) The Lessee is responsible for keeping leased spaces clean. (b) The City will provide the Lessee with an 85 gallon refuse container ("container"). Rotten or overripe produce must be placed in the container. Lessee will bear all risk or loss of damage for the container. Lessee is responsible for maintaining the container in the same condition as when delivered to Lessee, reasonable wear and tear excepted. 6 (c) Trash collections will be made in the designated areas. (d) No items may be stacked or stored in front of, along the side of, or in back of any Leased Space. (Any items discovered will be removed by the Manager and the City is not responsible for damage.) 20) PARKING: (a) The center parking area of the Center Circle is reserved for customer parking. No produce or other sale items may be displayed in this area at any time. (b) All vehicles making deliveries, including the personal vehicles of Lessees, must park in the space provided at the rear of the Leased Space to which deliveries are being made. (c) No vehicle may park overnight in the Center Circle. (d) No inoperative motor vehicles, as defined by the City Code, may be parked at the Market at any time. Inoperative vehicles will be removed from the Market at the owner's expense. 21) VEHICLES: (a) All vehicles, trailers, etc., regardless of use, brought on the Market by or for the use of the Lessee, must be properly registered and licensed with the Division of Motor Vehicles of the owner's home state, and State licensed and City inspected and certified where applicable. (b) Vehicles operated by the Lessee, its agents and employees, must be driven in a careful and prudent manner and at the posted rate of speed. Directional signs and pavement markings must be followed so as not to endanger the property of another or the life or limb of any person. 22) SAFETY: (a) All Appliances (i.e., portable heaters, fans, refrigerators) must be approved by the Fire Inspector's Office before use. It is the Lessee's responsibility to obtain approval. Any unapproved items will be ordered by the Manager to be removed. (b) The use of flammable materials, such as hay, straw, etc., as a ground cover for any and all types of produce, is prohibited. Further, the general use of hay, straw, etc, as a display support, even though treated with a flame retardant, is also prohibited. Hay or straw in bales may be sold on the truck lot only. 23) FIREARMS: (a) No firearms of any kind are permitted on the Market property except by authorized law enforcement officers. (b) Sales of any type of firearms are prohibited. 24) TERMINATION AND RENEWAL: (a) This Lease will not renew automatically at the conclusion of the term. The City retains the option after the expiration of this lease of 7 extending this lease on a month to month basis. (b) This Lease may be canceled by written notice of either party. To cancel the Lease, a party must submit written notice of intention to terminate the lease, at least thirty (30) days prior to the effective date of the termination. (c) If 20% or more of the Rentable Area of the Farmer's Market is at any time destroyed or damaged(including, without limitation, by smoke and water damage) as a result of fire, the elements, accident, or other casualty, whether or not the Leased Space is affected by such occurrence, then the City may, at its option, terminate this Lease, effective upon 10 days of receipt of written notice of such termination, by hand delivery or by mail, without indemnity or penalty payable or any other recourse by the Lessee. If after such occurrence, if the City has not notified the Lessee of any termination, this Lease shall continue in full force and effect and the rent payable by the Lessee hereunder shall not terminate, be reduced, or abate. Nothing in this section shall require the City to restore or rebuild any of the Farmer's Market or restore, or rebuild or reimburse Lessee for any leasehold improvements, inventory, furniture, chattel, signs, fixtures, contents fixtures or personal property of the Lessee located on, in, under, above, or which serve the Leased Space. 25) MISCELLANEOUS PROVISIONS: (a) Coin operated vending machines are prohibited. (b) Electrical power cords may not be extended from the Leased Space, except during special events or promotions and then only when authorized by the Manager. (c) City is not liable for the Lessee's property. It is the Lessee's responsibility to safeguard its property and that of Lessee's employees or agents. (d) Headings and sub -headings herein are for informational purposes. 26) DEFAULT: Failure to make Rental Payment constitutes an event of default in which case, the City may send a certified letter to Lessee, at the mailing address provided by Lessee. The Letter will state that the Lessee has breached its Lease and that failure to pay all sums owed within five days may cause the City to pursue all appropriate legal remedies. In the event that the Lessee fails to pay the sums owed within five days, the City has the right (in addition to all other rights and remedies provided elsewhere in this lease or by law) to re-enter and take possession of the leased premises, peaceably or by force and to remove, dispose of or withhold any property (including personal property) therein, without liability for damage to and without obligation to store, the property. City may, in lieu of giving written notice by certified mail, give the five day written notice described herein by hand delivery to Lessee. 27) DEFAULT OPTIONS: Upon default in payment of the Rental Payment, the City may, in addition to any other remedy, exercise any or all of the following options: (a) Terminate and cancel the Lease; (b) Revoke any of Lessee's privilege(s); 8 (c) Treat monies previously paid by the Lessee as forfeited; (d) Elect to treat this Lease as remaining in effect and collect all Rental Payments as they come due; (e) Take immediate possession of the premises, without notice. (f) Distrain the goods (including personal property) of the Lessee in accordance with applicable law. (g) Pursue any other legal or equitable remedy provided by law or this lease. 28) VIOLATIONS OF LEASE: The requirements and provisions of paragraphs (28a, 28b, 28c, & 28d) shall not apply in the event of nonpayment of Rental Payment. Nonpayment is grounds for immediate termination of this Lease, revocation of all attendant privileges, and all remedies provided by this Lease or by law. (a) Letter of Caution: In the event of the violation or breach by Lessee or its employees of any of the provisions of this Lease, or of any Federal, State or City law, ordinance, or regulation, including but not limited to, failure of Lessee or his/her employees to abide by all Policies, Rules, and Regulations of the Market, the Manager or Assistant Manager will notify Lessee verbally of the violation and will specify a period of time within which the violation must be remedied. The Lessee's failure to comply within the time specified will result in the Lessee's being given a Letter of Caution by the Manager. All Letters of Caution will specify the nature of the violation, the date on which the Lessee was notified verbally of the violation and the period of time within which the Lessee was directed to correct it. The Letter of Caution may, at the discretion of the Manager, specify one or more privileges of Lessee to be suspended until the violation has been corrected. Any suspension of privileges is effective upon delivery to Lessee of the Letter of Caution. All Letters of Caution will also specify a period of time within which the violation must be corrected in lieu of the imposition of further sanctions. (b) Letter of Violation: In the event the Lessee fails to correct a violation specified in a Letter of Caution within the period of time stated therein, Lessee will be given a Letter of Violation by the Manager. All Letters of Violation will specify the nature of the violation, the period of time within which the Lessee was verbally directed to correct the violation, the date on which a Letter of Caution was delivered to the Lessee, and the period of time within which the Letter of Caution directed that the violation be corrected. All Letters of Violation will specify Lessee's privilege(s) which have been suspended pending correction of the violation, at the discretion of the Manager. All Letters of Violation will also specify the period of time with which the violation must be corrected, and will state that the failure of the Lessee to do so, within the required period of time places the Lessee in default. (c) Noncompliance: Lessee is also in default for noncompliance with a Letter of Violation within the period of time specified therein or in the event of Lessee's having received two (2) Letters of Violation within a period of one (1) year. Lessee may also, at the discretion of the Manager, be given a Letter of Violation in the event of repeated and 9 willful violations of a similar nature by Lessee following verbal notification thereof. The Notice of Default will specify the ground for placing the Lessee in default and the action to be taken as result of the default. (d) Delivery of Letters of Caution and Violation: Letters of Caution and Letters of Violation will be delivered to the Lessee. Notices of Default will be sent via certified mail to the Lessee at its Mailing Address, or if Lessee is available at the Market, a copy may be hand - delivered to the Lessee at the Market. (e) Appeal: The Lessee may appeal the decision of default by noting an appeal, in writing, and mailing the Notice of Appeal by certified mail to the Office of the Manager, 3640 Dam Neck Road, Virginia Beach, VA 23456. The Notice of Appeal must be mailed by 5:00 p.m. on the third day following delivery of a copy of the Notice of default to Lessee, if a copy of the Notice of Default was delivered, or by 5:00 p.m. of the fifth day following mailing of the Notice of Default, if a copy thereof was not delivered to the Lessee. The day on which a Notice of Default was mailed or delivered will not be counted in determining the time limit for noting an appeal. Upon receipt of the Notice of Appeal, the Manager must immediately notify the Director of the appeal and transmit the Notice of Appeal to the Director. Delivery of the Notice of Appeal to the Office of the Manager will not stay the execution of the Notice of Default. (f) Action Following Notice of Appeal: Upon receipt of the Notice of Appeal, the Director will arrange a hearing for the Lessee before the Management Team. Absent good cause, the hearing will be held within seven (7) days of the delivery of the Notice of Appeal to the Market Office. In any event, the hearing will be held as soon as practicable. The Lessee is entitled to present witnesses at the hearing and to ask questions of any witnesses. All questions as to the proper conduct of the hearing are decided by the Director, who also presides at the hearing. At the conclusion of testimony, the members of the Management Team will deliberate in private and either affirm, reverse, or modify the decision set forth in the Notice of Default. The decision of the Management Team must be agreed upon by a majority of the members. The decision of the Management Team must be rendered without undue delay and committed to writing, signed by the Director on behalf of the Management Team, and mailed by certified mail to the Lessee at its Mailing Address. An appeal of the decision of the Management Team must be made within seven (7) days or it is final. 29) CONDUCTING GRIEVANCES: All grievances by the Lessee, except those relating to lease violations, must be presented in writing to the Market Office Staff. If the matter is not resolved by the Manager, it may be appealed: (a) First, to the Director; (b) Second, to the Management Team; and (c) Third, to the City Manager or his/her designee. The Lessee must comply with the decision made by the person or body to whom the matter is presented, unless and until the decision is overruled or modified at the next stage of appeal. Any willful failure to comply with the decision is a violation of the Lease Agreement. The decision of the City Manager or his/her designee is final. 10 30) NON-DISCRIMINATION: During the performance of this contract, the Lessee agrees as follows: The Lessee will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of the Contractor. The Lessee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Lessee, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer. 31) MODIFICATION: The terms of this lease may not be modified absent written consent of the Lessees, the Manager and the Director. An exception to this requirement is the additional rules and regulations promulgated by the City and provided to tenants by hand delivery or by mail. ignature of essee Signature of Lessee l i'il 6/ (//)eiv/)Lf rr &/ U.( Street Address Street Address 1,6r , v City, State, Zip ATTESTATION: APPROVED AS TO CONTENT: e City, State, Zip CITY OF VIRGINIA BEACH, VIRGINIA City Manager/Authorized Designee City Clerk APPROVED AS TO LEGAL FORM: partment of Agri ulture Assistant City i8E/ Attor y STATE OF VIRGINIA if o CITY OF II r nl 0/ , VIRGINIA The foregoing instrument was acknowledged before me this day of -TAA/d /M % ! /}S L4UR,'E A3 SYk-i4 (Name), trading as EPLEC ? oAJS X 4p fr4r- My commission expires: i/eika040 11 Public STATE OF VIRGINIA CITY OF , VIRGINIA The foregoing instrument was acknowledged before me this day of by (Name), trading as Notary Public My commission expires: STATE OF VIRGINIA CITY OF , VIRGINIA The foregoing instrument was acknowledged before me this day of by City Manager/City Manager Designee of the City of Virginia Beach, Virginia on behalf of the City of Virginia Beach, Virginia. Notary Public My commission expires: STATE OF VIRGINIA CITY OF , VIRGINIA The foregoing instrument was acknowledged before me this day of by City Clerk/Deputy City Clerk of the City of Virginia Beach, Virginia on behalf of the City of Virginia Beach, Virginia. My commission expires: Revised: 6/97 DG/LEC/GD/pf 12 Notary Public 1 -31 - Item VI -I.3. ORDINANCES/RESOLUTION ITEM # 44663 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance to APPROPRIATE $450,761 from the General Fund balance to the FY 1998-1999 Operating Budget of the Department oflnformation Technology re replacement of existing remittance processor and cashiering systems in the City Treasurer's Office which need repairs and are not Y2K -compliant. Voting 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L Eure, William W Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay None Council Members Absent: None February 23, 1999 1 AN ORDINANCE TO APPROPRIATE FUNDS IN 2 THE AMOUNT OF $450,761 FROM FUND 3 BALANCE IN THE GENERAL FUND TO THE FY 4 1998-99 OPERATING BUDGET OF THE 5 DEPARTMENT OF INFORMATION TECHNOLOGY 6 FOR THE PURPOSE OF REPLACING EXISTING 7 REMITTANCE PROCESSOR AND CASHIERING 8 SYSTEMS IN THE CITY TREASURER'S OFFICE 9 THAT HAVE INCREASING NEED FOR REPAIRS 10 AND ARE NOT YEAR 2000 COMPLIANT 11 WHEREAS, the City Treasurer's Office processes 12 approximately 2 million bills annually, as well as all revenue 13 invoices for fees and taxes; 14 WHEREAS, in order to process these transactions, the 15 Treasurer's Office relies heavily on its remittance processor and 16 cashiering systems, both of which are 9 years old, frequently in 17 need of repair, and not Year 2000 compliant; 18 WHEREAS, replacing the existing remittance processor and 19 the cashiering system with new equipment will increase 20 accountability by increasing the accuracy with which payments are 21 posted into the accounting system; 22 WHEREAS, this proposed replacement will also increase 23 interest-earning potential on City funds by quickly getting 24 payments posted, and will rapidly update revenue and customer 25 accounts; and 26 WHEREAS, the City has reserved a portion of the General 27 Fund Balance for use by the Information Technology Department in 28 addressing Year 2000 issues, and funds are available to pay for 29 this replacement equipment. 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 That funds in the amount of $450,761 are hereby 33 appropriated from the fund balance in the General Fund to the FY 34 1998-99 Operating Budget of the Department of Information 35 Technology for the purpose of replacing the City Treasurer's 36 existing remittance processor and cashiering systems. 37 Requires an affirmative vote by a majority of the members 38 of City Council. 39 Adopted by the Council of the City of Virginia Beach, February 40 Virginia, on the 23rdday of , 1999. CA -7257 ORDIN\NONCODE\EQUIPMNT.ORD R-2 PREPARED: FEBRUARY 10, 1999 APPROVED AS TO CONTENT: Management Serer es APPROVED AS TO LEGAL SUFFICIENCY. bilititti/144 --C City Attorney 2 -32 - Item VI -I.4. ORDINANCES/RESOLUTION ITEM # 44664 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance to APPROPRIATE $15,000 from the Francis Land House Board of Governors Trust Fund to the FY 1998-1999 Francis Land House re operations of the Francis Land House and History Park Voting 11-0 (By Consent) Council Members Voting Aye• Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and A M "Don" Weeks Council Members Voting Nay None Council Members Absent None. February 23, 1999 1 AN ORDINANCE TO APPROPRIATE FUNDS IN THE 2 AMOUNT OF $15,000 FROM THE FRANCIS LAND HOUSE 3 BOARD OF GOVERNORS TRUST FUND TO THE 4 FY 1998-99 OPERATING BUDGET OF THE FRANCIS 5 LAND HOUSE TO SUPPORT THE OPERATIONS OF THE 6 FRANCIS LAND HOUSE AND HISTORY PARK 7 WHEREAS, the Board of Governors for the Francis Land 8 House exists to advise Francis Land House staff on the policies, 9 programs and exhibits of the House, as well as to solicit donations 10 to support the Francis Land House and the History Park; and 11 WHEREAS, the Board of Governors currently has $15,000 12 available from donations to use in support of the House and the 13 History Park. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 That funds in the amount of $ 15,000 are hereby 17 appropriated from the Francis Land House Board Of Governors Trust 18 Fund to the FY 1998-99 Operating Budget of the Francis Land House 19 for the purpose of supporting the operations of the Francis Land 20 House, its Board of Governors, and the History Park. 21 Requires an affirmative vote by a majority of City Counci lmembers . 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia, on the 23rd day of Feburary , 1999. CA -7256 ORDIN\NONCODE\FLHOUSE.ORD R-1 PREPARED: FEBRUARY 9, 1999 APPROVED AS TO CONTENT: Management Sery APPROVED AS TO LEGAL SUFFICIENCY: City Attorney i - 33 - Item VI -I.5. ORDINANCES/RESOLUTION ITEM # 44665 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance to ACCEPT and APPROPRIATE a $4, 750 Grant from the Virginia Commission for the Arts to the FY1998-1999 Operating Budget of the Arts and Humanities Commission re supporting local arts programs Voting• 11-0 (By Consent) Council Members Voting Aye: Linwood 0 Branch, III, Margaret L. Eure, William W. Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr and A. M "Don" Weeks Council Members Voting Nay None Council Members Absent None. February 23, 1999 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 A GRANT IN THE AMOUNT OF $4,750 FROM 3 THE VIRGINIA COMMISSION FOR THE ARTS 4 TO THE FY 1998-99 OPERATING BUDGET OF 5 THE ARTS AND HUMANITIES COMMISSION FOR 6 THE PURPOSE OF SUPPORTING LOCAL ARTS 7 PROGRAMS 8 WHEREAS, the Virginia Commission for the Arts has awarded 9 the Virginia Beach Arts and Humanities Commission a $4,750 grant to 10 support local arts activities; and 11 WHEREAS, this grant requires a match which is available 12 within the FY 1998-99 Operating Budget for the Arts and Humanities 13 Commission. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 1. That a grant in the amount of $4,750 is hereby 17 accepted from the Virginia Commission for the Arts and appropriated 18 to the FY 1998-99 Operating Budget of the Arts and Humanities 19 Commission for the purpose of providing funding for local arts 20 activities, with the required match to be provided from the 21 existing FY 1998-99 appropriations to the Arts and Humanities 22 Commission. 23 2. That estimated revenue from the State government is 24 hereby increased by $4,750. 25 Requires an affirmative vote by a majority of the members 26 of City Council. 27 Adopted by the Council of the City of Virginia Beach, 28 Virginia, on the 23rd day of Feburary , 1999. CA -7255 DATA\ORDIN\NONCODE\ARTS.ORD R-1 PREPARED: FEBRUARY 2, 1999 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: S Department of Lai Management Sem ices -34 - Item VI -I.6. ORDINANCES/RESOLUTION ITEM # 44666 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution to authorize the City Manager submit application to the Chesapeake Bay Local Assistance Department for a $44,323 Grant to achieve full consistency with Phase II of the Regulations re Comprehensive Plans, continuation of local program implementation and refinement of GIS for local mapping assistance The City will provide local matching funds; and, should the City subsequently agree to cancel this project, agrees to reimburse the Department for the total amount of expended funds through the notification of cancellation date. Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L Eure, William W. Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay: None Council Members Absent None February 23, 1999 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO SUBMIT A GRANT 3 APPLICATION TO THE CHESAPEAKE BAY 4 LOCAL ASSISTANCE DEPARTMENT 5 WHEREAS, the Chesapeake Bay Preservation Act establishes that 6 the Chesapeake Bay Local Assistance Board is responsible for 7 carrying out the purposes and provisions of Title 10.1, Chapter 21, 8 of the Code of Virginia; 9 WHEREAS, the Chesapeake Bay Local Assistance Board has 10 promulgated a Request for Proposals to the Local Assistance 11 Competitive Grants Program; 12 WHEREAS, the Council of the City of Virginia Beach, Virginia, 13 is the duly elected legislative body for the City of Virginia 14 Beach, Virginia, an eligible entity under the Local Assistance 15 Competitive Grants Program; and 16 WHEREAS, in accordance with the Fiscal Year 2000 Competitive 17 Grants Program Request for Proposals, it is required that a 18 Resolution Authorizing the Submission of a Grant Application be 19 received from all localities party to a grant proposal. 20 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That the City Manager is hereby authorized to submit, on 23 behalf of the City of Virginia Beach, an application for a grant in 24 the amount of $44,323 from the Chesapeake Bay Local Assistance 25 Department, and to enter into a grant agreement with the 26 Department, for the purpose of working towards achieving full 27 consistency with Phase II of the Regulations regarding 28 Comprehensive Plans, continuation of local program implementation, 29 and refinement of GIS information for local mapping assistance (the 30 "Project") ; 31 BE IT FURTHER RESOLVED: 32 That if the grant is awarded, the City of Virginia Beach 33 hereby agrees to provide local matching funds in an amount up to 34 the amount of the grant for a total Project cost of $88,645; and 35 BE IT FURTHER RESOLVED: 36 That if the City of Virginia Beach subsequently elects to 37 cancel this project, the City hereby agrees to reimburse the 38 Chesapeake Bay Local Assistance Department for the total amount of 39 the funds expended by the Department through the date the 40 Department is notified of such cancellation. 41 Adopted by the Council of the City of Virginia Beach, Virginia 42 on the 23rd day of February , 1999. 43 APPROVED AS TO CONTENTS: 44 45 46 47 48 1();27 t-f,r-ff Planning Department APPROVED AS TO LEGAL SUFFICIENCY 49 Law Department 1 - 35 - Item VI -L7. ORDINANCES/RESOLUTION ITEM # 44667 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED until the City Council Session of March 23, 1999 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Five Star Limousine, Inc. Voting- 11-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L Eure, William W Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A M "Don" Weeks Council Members Voting Nay: None Council Members Absent None February 23, 1999 1 - 36 - Item VI -I.8. ORDINANCES/RESOLUTION ITEM # 44668 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED: LICENSE REFUNDS $19,838.44 Voting: 11-0 (By Consent) Council Members Voting Aye: Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay: None Council Members Absent None February 23, 1999 FORM NO C A 8 REV 3/88 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE YEAR PAID BASE INTEREST TOTAL MINER ROBERT W JR MODLIN DEBORAH J MORGAN THOMAS J MOSTELLER PAULA S NIXON DENNIS ALFRED NORTHSHORE ELECTRIC INC ONE STAR CORPORATION PAYLESS SHOE SOURCE INC PLAN REVIEW INC PROTAIN HEATING & AIR CONDITIONING QUINTEX MOBILE COMMUNICATIONS REINICK ERIC JASON RICE RAYNOR E ROVER INDUSTRIES RPC INDUSTRIES INC SABO DANTE M SANDUSKY DELANO & FRANCES SAUNDERS JOHNSIE R SCHAAF DEBORAH & JOHNSON RONNA SEATTLE EXPRESSO LTD SERVICEMASTER MGMT SERVICES LP SHEEN & SHINE INC SICKLER BURTON SMART COMPUTERIZED SERV INC SMITH EDWIN J SOTHLAND CORP THE STALLINGS INC SUPERCUTS CORP SHOPS INC This ordinance shall be effective from date of adoption The above abatement(s) totaling City of Virginia Beach on the 1999 01/25/99 50 00 0 00 50 00 1997-1998 AUDIT 8 45 1 03 9 48 1997-1998 AUDIT 45 07 2 11 47 18 1997-1998 AUDIT 13 35 1 00 14 35 1999 01/25/99 40 00 0 00 40 00 1997-1998 AUDIT 10 00 0 75 10 75 1997-1998 AUDIT 103 60 16 40 120 00 1997-1998 AUDIT 1,648 60 150 95 1,799 55 1999 01/27/99 50 00 0 00 50 00 1996-1998 AUDIT 16 00 0 00 16 00 1999 02/02/99 50 00 0 00 50 00 1996-1998 AUDIT 20 00 0 00 20 00 1999 02/01/99 232 62 0 00 232 62 1999 02/02/99 10 00 0 00 10 00 1996-1997 AUDIT 40 00 6 66 46 66 1996-1998 AUDIT 10 00 0 75 10 75 1996-1998 AUDIT 10 00 0 00 10 00 1999 02/01/99 10 00 0 00 10 00 1996-1998 AUDIT 8 97 0 75 9 72 1996-1998 AUDIT 58 44 0 00 58 44 1999 01/22/99 50 00 0 00 50 00 1999 02/02/99 50 00 0 00 50 00 1999 01/19/99 10 00 0 00 10 00 1996-1998 AUDIT 42 00 0 00 42 00 1999 01/19/99 6 25 0 00 6 25 1999 01/27/99 1,000 00 0 00 1,000 00 1996-1998 AUDIT 344 44 0 00 344 44 1999 01/29/99 10 00 0 00 10 00 Certified as to P me Phi ip J ' el am Commissioner of the Revenue Approved as to form e • e L Lilley City Attorney $4,128 19 were approved by the Council of the 23rd day of Feburary ,19 99 Ruth Hodges Smith City Clerk FORM NO C A 8 REV 3/88 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID SUPPORT TERMINAL OPERATING PARTNERS 1999 01/25/99 50 00 0 00 50 00 TALLEY CLAYTON 1999 01/20/99 10 00 0 00 10 00 TAYLOR ANDREW J 1996-1998 AUDIT 3 75 1 00 4 75 TIDEWATER APPLICATOR INC 1999 02/02/99 50 00 0 00 50 00 VIDEO SELECT INC 1999 02/02/99 115 57 0 00 115 57 Commissioner of the Revenue Approved as to form • L:"e Lilley City Attorney This ordinance shall be effective from date of adoption The above abatement(s) totaling $230 32 were approved by the Council of the City of Virginia Beach on the 23rd Ruth Hodges Smith City Clerk day of Feburary ,19 99 FORM NO C A 8 REV 3/88 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE YEAR PAID BASE INTEREST TOTAL APROCOM INC BAYNOR ELI L BJMG CORP GIOVANNIS INC JOHNSON ROBERT A MD KENT HEATHER A LAKE TIMOTHY LEE LAUGHLIN DANIEL F LAWRENCE MOTORS INC LIEU VINCENT V LOWMAN ELECTRICAL CONTRACTOR MCKNIGHT D L MONKS PLACE INC NEESON JAMES A NGUYEN THO VAN O M 0 INCORPORATED OCEAN SHORE MARINE CONST INC OCEANFRONT SNACKS INC OLAES ALEGRIA 0 & JAIME T PARTY CITY OF VA BEACH INC PEZZELLA TINA MICHELLE POOLE DONALD P PORTFOLIO RECOVERY ASSOCIATES PRICE SHAWN W PROVIDENCE CLINIC OF VIRGINIA PURDIN RODNEY L QS & L INC R & K S ENTERPRISES This ordinance shall be effective from date of adoption. The above abatement(s) totaling 1997-1998 AUDIT 555 99 39 73 1999 01/08/88 10 00 0 00 1995-1997 AUDIT 38 85 10 03 1996-1998 AUDIT 566 87 153 87 1996-1998 AUDIT 1,263 25 98 42 1995-1998 AUDIT 36 00 0 00 1995-1998 AUDIT 15 00 0 00 1996-1998 AUDIT 70 00 0 75 1996-1998 AUDIT 557 65 148 03 1995-1998 AUDIT 30 00 0 00 1996-1998 AUDIT 30 00 0 00 1996-1998 AUDIT 256 65 41 10 1997-1998 AUDIT 3 72 0 62 1999 01/09/99 10 00 0 00 1999 01/13/99 10 00 0 00 1996-1998 AUDIT 24 00 0 00 1996-1998 AUDIT 0 00 7 99 1996-1998 AUDIT 48 87 0 00 1996-1998 AUDIT 39 30 10 48 1997 AUDIT 2,129 49 354 77 1995-1998 AUDIT 28 95 0 00 1996-1998 AUDIT 10 00 0 75 1996-1998 AUDIT 480 25 0 24 1996-1998 AUDIT 5 91 0 00 1995-1997 AUDIT 165 60 49 94 1996-1998 AUDIT 193 50 0 00 1996-1997 AUDIT 12 67 0 00 1996-1998 AUDIT 346 48 106 14 Certified as to • vm Philip Kellam Commissioner of the Revenue 595 72 10 00 48 88 720 74 1,361 67 36 00 15 00 70 75 705 68 30 00 30 00 297 75 4 34 10 00 10 00 24 00 7 99 48 87 49 78 2,484 26 28 95 10 75 480 49 591 215 54 193 50 12 67 452 62 Approved as to form (X L i L Lilley City Attorney $7,961 86 were approved by the Council of the City of Virginia Beach on the 23rd day of Feburary ,19 99 Ruth Hodges Smith City Clerk FORM NO CA 8REV 319E AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID SHIRLEY CONSTRUCTION CORP 1996-1998 AUDIT 6,182 98 833 88 7,016 86 STREET COOK INC 1996-1998 AUDIT 14 71 2 64 17 35 THROCKMORTON CAREY E 1996-1998 AUDIT 381 88 56 93 438 81 WEATHERS MASTERS INC 1996-1998 AUDIT 35 05 0 00 35 05 ZEHNDER CAROL H 1999 01/11/99 10 00 0 00 10 00 This ordinance shall be effective from date of adoption The above abatement(s) totaling City of Virginia Beach on the Certified as to p hllipKellam Commissioner of the Revenue Approved as to form. $7,518 07 were approved by the Council of the 23rd day of Feburary ,19 gg Ruth Hodges Smith City Clerk - 37 - Item VI -J PUBLIC HEARING ITEM # 44669 PLANNING Mayor Meyera E Oberndorf DECLARED a PUBLIC HEARING on PLANNING 1 ANN H WHITFIELD, BARBARA S. HUDGINS VARIANCE AND JAMES S BOWEN 2. W KEITH WOODARD, TRUSTEE, LYNNHA VEN UNITED METHODIST CHURCH CONDITIONAL USE PERMIT 3. CHRIST EPISCOPAL CHURCH CONDITIONAL USE PERMIT 4 TRITON, PCS CONDITIONAL USE PERMIT 5 TIMOTHY C McCOY CONDITIONAL USE PERMIT 6 a PRINCESS ANNE TRAIL PARTNERS, L.L.C. CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 6 b RML CORPORATION CONDITIONAL CHANGE OF ZONING 7 HOME DEPOT USA CHANGE OF ZONING 8 DAVISVILLE PROPERTIES, L L C CONDITIONAL CHANGE OF ZONING February 23, 1999 1 Item VI -J. PUBLIC HEARING PLANNING -38- ITEM # 44670 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council APPROVED in one motion Items 1, 2, 3, 4, 6 a/b and 8 of the PLANNING BY CONSENT Voting: 11-0 Council Members Voting Aye Linwood O. Branch, III, Margaret L Eure, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M. "Don" Weeks Council Members Voting Nay: None Council Members Absent. None Vice Mayor Sessoms ABSTAINED on J 6a/b as family members are involved with this application Councilman Harrison ABSTAINED on J.8 as his law firm provides legal services to one of the members of that entity February 23, 1999 i Item VI -J.1 PUBLIC HEARING PLANNING - 39 - ITEM # 44671 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council APPROVED the application of ANN H. WHITFIELD, BARBARA S. HUDGINS and JAMES C. BOWEN for a Variance to Section 4 4(b) of the Subdivision Ordinance which requires that newly created lots must meet all requirements of the City Zoning Ordinance Appeal to Decisions ofAdministrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Ann H Whitfield, Barbar 5 Hudgins and James C Bowen. Property is located on Sheffield Drive on Lots 4, 5 & 6, Old Donation Estates, Section One District 5 - LYNNHAVEN The following conditions shall be required 1. The submitted plat must be revised to provide a minimum 15 foot (15) wide access are for proposed Lot 5A 2. A revised plat must be submitted to the Development Services Center (DSC) for review and recordation. 3 A Declaration of Easement for the private ingress/egress easement must be submitted to the DSC for review and recordation with the final plat 4 Deeds conveying property as shown on the revised plat must be submitted to the DSC for review and recordation with the final plat. Voting: 11-0 (By Consent) Council Members Voting Aye • Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr , Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D Sessoms, Jr and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent • None February 23, 1999 1 Item VI -J 2 PUBLIC HEARING PLANNING - 40 - ITEM # 44672 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, Gay Council ADOPTED the Ordinance upon application of W. KEITH WOODARD, TRUSTEE, LYNNHAVEN UNITED METHODIST CHURCH for a Conditional Use Permit • ORDINANCE UPON APPLICATION OF W KEITH WOODARD, TRUSTEE, LYNNHAVEN UNITED METHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A PARKING LOT R0299 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applicatzon of W Keith Woodard, Trustee, Lynnhaven United Methodist Church for a Conditional Use Permit for a parking lot on certain property located on the south side of Little Neck Road at the southern extremity of Harris Road Sazd parcel contains 2 67 acres more or less. DISTRICT 5 - LYNNHAVEN The following conditions shall be required. 1. The proposed parking lot will be developed in substantial conformance with the site plan presented to the Plannzng Commzssion and Czty Council, and on file in the Department of Plannzng entitled "Conditional use Permit Plan, Lynnhaven United Methodist Church ", dated November 1998. 2 The development must be in keeping with provisions and conditions of the variance granted by the Chesapeake Bay Preservatzon Area Board on May 25, 1997 3 The applicant must submit revised plans whzch depict an acceptable stormwater management strategy as well as a pedestrian access way between the existing sanctuary site and the proposed auxiliary parking facility. This Ordinance shall be effective in accordance with Section 107 0 of the Zoning Ordinance Adopted by the Council of the Czty of Virginia Beach, Virginia, on the Twenty-third of February, Nzneteen Hundred and Ninety -Nine Voting. 11-0 (By Consent) Council Members Voting Aye: Linwood 0 Branch, III, Margaret L. Eure, William W. Harrison, Jr , Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor Willzam D Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Council Members Absent • None February 23, 1999 1 Item VI -J.3 PUBLIC HEARING PLANNING - 41 - ITEM # 44673 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED the Ordinance upon application of CHRIST EPISCOPAL CHURCH for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF CHRIST EPISCOPAL CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH (EXPANSION) RO2992252 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Christ Episcopal Church, Virginia Beach, for a Conditional Use Permit for a church (expansion) on the north side of Holland Road, 280 feet more or less east of Buyrn Farm Road. Said parcel is located at 2520 Holland Road and contains 4.707 acres DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The proposed temporary structure planned for the site must be developed in substantial conformance with the site plan shown to the Planning Commission and City Council, dated July 24, 1998 2 The temporary structure is approved for a period of two (2) years and shall be removed from the property when the two (2) years expires. 3 Ultimately, the site must be developed in substantial conformance with the original plans approved by City Council on November 10, 1997 entitled, "Conditional Use Permit Exhibit for Christ Episcopal Church, " dated May 20, 1997, and the renderings entitled "Christ Church", dated April 23, 1997 4 The landscape buffer depicted on the plan must be developed as a 10 foot (109 wide planting bed extending eighty feet (80) in length along the front portion of the proposed temporary structure A double row of wax myrtle 5'-6' in height, at planting, must be installed in the landscaped area prior to final plan approval The Loblolly Pines and Red Oak trees planned by the applicant may be dispersed along the front portion of the site in the area where the temporary structure is planned This Ordinance shall be effective in accordance with Section 107 (0 of the Zoning Ordinance Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of February, Nineteen Hundred and Ninety -Nine Voting. 11-0 (By Consent) Council Members Voting Aye: Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay None Council Members Absent: None February 23, 1999 1 Item VI -J 4 PUBLIC HEARING PLANNING - 42 - ITEM # 44674 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED the Ordinance upon application of application of TRITON, PCS for a Conditional Use Permit ORDINANCE UPON APPLICATION OF TRITON, PCS FOR A CONDITIONAL USE PERMIT FOR WIRELESS COMMUNICATION ANTENNAS RO2992253 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Triton, PCS for wireless communication antennas on existing monopole on the south side of Dam Neck Road, west of Holland Road Said parcel is located at 3289 Dam Neck Road and contains 3 9 acres DISTRICT 7 - PRINCESS ANNE The following conditions shall be required. 1. The project will be developed substantially in keeping with the site plan entitled "Site Layout Plan, NK -1-066D, Virginia Beach", dated 11-13-98; for Triton P C S Incorporated. 2. The overall height of the tower shall not exceed 120 feet. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of February, Nineteen Hundred and Ninety -Nine Voting. 11-0 (By Consent) Council Members Voting Aye: Linwood 0. Branch, III, Margaret L Eure, William W Harrison, Jr , Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay None Council Members Absent None February 23, 1999 1 Item VI -J 5. PUBLIC HEARING PLANNING Les Watson represented the applicant - 43 - ITEM # 44675 Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council ADOPTED the Ordinance upon application of TIMOTHY C. McCOY for a Conditional Use Permit ORDINANCE UPON APPLICATION OF TIMOTHY C McCOY FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE R02992254 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Timothy C. McCoy for a Conditional Use Permit for a recreational facility of an outdoor nature on certain property located at the southeast corner of Pacific Avenue and 22"d Street Said parcel contains 14,026 square feet. DISTRICT 6 - BEACH The following conditions shall be required 1 The site shall be developed in substantial conformance with the submitted site plan entitled "Schematic Site Plan forBatting Cage located at 22"d Street and Pacific Avenue", dated 2/10/99, which has been exhibited to City Council and is on file with the Planning Department However, the plan must be revised to show the fence on the inside of the landscaping along both street frontages. 2 No freestanding signs shall be permitted, and no signs shall be attached to the fencing. 3 The batting cage framework and netting shall be properly repaired or replaced when necessary within thirty (30) days to maintain the appearance of the site 4. All lighting shall be directed toward the interior of the site 5. The site shall be inspected annually to assess the condition of the landscaping Any dead or dying landscaping shall be replaced. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of February, Nineteen Hundred and Ninety -Nine Voting 10-0 Council Members Voting Aye. Linwood 0. Branch, III, Margaret L. Eure, William W. Harrison, Jr , Harold Heischober, Barbara M Henley, Reba S McClanan, MayorMeyera E Oberndorf, Nancy K Parker, Vice Mayor William D Sessoms, Jr and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: Louis R Jones February 23, 1999 1 - 44 - Item VI -J 6.a PLANNING ITEM # 44676 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED the Ordinances upon application of PRINCESS ANNE TRAIL PARTNERS, L.L C. for a Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF PRINCESS ANNE TRAIL PARTNERS, L L C FORA CONDITIONAL CHANGE OF ZONING FROM R-7.5 to CONDITIONAL B-2 Z02991126 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Princess Anne Trail Partners, L L C , for a Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District on certain property located on the east side of Princess Anne Road beginning at a point 120 feet more or less south of South Plaza Trail The proposed zoning classification change to Conditional B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for planned community with a variety of related uses in accordance with other plan policies Said parcel contains 2 737 acres. KEMPSVILLE - DISTRICT 2 The following condition shall be required. AND, 1 Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record ORDINANCE UPON APPLICATION OF PRINCESS ANNE TRAIL PARTNERS, L L C. FOR A CONDITIONAL USE PERMIT 802992255 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Princess Anne Trail Partners, L L C. for a Conditional Use Permit for gasoline sales and a car wash in conjunction with a convenience store on certain property located on the east side of Princess Anne Road beginning at a point 120 feet more or less south of South Plaza Trail. Said parcel contains 2.737 acres. KEMPSVILLE - DISTRICT 2 This Ordinance shall be effective in accordance with Section 107 (f of the Zoning Ordinance Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of February, Nineteen Hundred and Ninety -Nine Voting 10-0 (By Consent) Council Members Voting Aye. Linwood 0 Branch, III, Margaret L. Eure, William W Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and A. M. "Don" Weeks Council Members Voting Nay None Council Members Abstaining: Vice Mayor William D Sessoms, Jr Council Members Absent None Vice Mayor Sessoms ABSTAINED as family members are involved with this application. February 23, 1999 FORM NO P S 1B City of Virgiriia Beacl-i In Reply Refer To Our File No. DF -98-4786 INTER -OFFICE CORRESPONDENCE TO: Leslie L. Lilley FROM: William M. Macali WO RE: Conditional Zoning Application Princess Anne Trail Partners DATE: February 12, 1999 DEPT: City Attorney DEPT: City Attorney The above -referenced companion conditional zoning application is scheduled to be heard by the City Council on February 23, 1999. I have reviewed the subject conditional zoning agreement, dated August 26, 1998, as revised after the originally -scheduled public hearing date of February 9, 1999, 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. WMM Enclosure PREPARED BY KES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW PRINCESS ANNE TRAIL PARTNERS, LLC , a Virginia Limited Liability Company ZELPHA W JACKSON, THE INTERSECTION HOLDING CORP., a Virginia corporation, ZOLA WILSON, GRACE H MITCHELL, DENNIS LEE HAYNES, DONALD LEE HAYNES, THOMAS LEE HAYNES, JR , LINDA HAYNES DANCE, ANTHONY JEROME HAYNES, TIMOTHY HAYNES, JUNE RIDDICK AND WANDA HAYNES BRACY TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 26th day of August, 1998, by and between PRINCESS ANNE TRAIL PARTNERS, L L C., a Virginia Limited Liability Company, party of the first part, ZELPHA W JACKSON, GRANTOR, party of the second part; THE INTERSTATE HOLDING CORP , a Virginia corporation, GRANTOR, party of the third part, ZOLA WILSON, GRANTOR, party of the fourth part, GRACE H MITCHELL, DENNIS LEE HAYNES, DONALD LEE HAYNES, THOMAS LEE HAYNES, JR , LINDA HAYNES DANCE, ANTHONY JEROME HAYNES, TIMOTHY HAYNES, JUNE RIDDICK and WANDA HAYNES BRACY, GRANTORS, parties of the fifth part, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE, party of the sixth part WITNESSETH_ WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, containing approximately 1 148 acres designated as Parcel One in Exhibit "A" attached hereto and incorporated herein by this reference A portion of Parcel One, containing approximately 0 077 acres, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property" which is more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference, and WHEREAS, the party of the third part is the owner of two (2) parcels of property located in the Kempsville District of the City of Virginia Beach, containing approximately 1 147 acres and 1 166 acres respectively and designated as Parcels Two and Three in Exhibit "A" attached hereto and incorporated herein by this reference Portions of Parcels Two and Three, containing PREPARED BY <ES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW approximately 0 087 acres and 0 031 acres respectively, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property" which is more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference, and WHEREAS, the party of the fourth part is the owner of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, containing approximately 1.510 acres designated as Parcel Four in Exhibit "A" attached hereto and incorporated herein by this reference A portion of Parcel Four, containing approximately 0 538 acres, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property" which is more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference; and WHEREAS, the parties of the fifth part are the owners of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, containing approximately 3 767 acres designated as Parcel Five in Exhibit "A" attached hereto and incorporated herein by this reference A portion of Parcel Five, containing approximately 2 004 acres, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property" which is more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference, and WHEREAS, the party of the first part, being the contract purchaser of the Property containing approximately 2 737 acres, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the GRANTEE so as to change the Zoning Classification of the Property from R-7.5 Residential District to B-2 Community Business District, and WHEREAS, the GRANTEE'S policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the GRANTORS acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the GRANTORS' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally PREPARED BY ES CARNES BOURDON 8 AHERN PC ATTORNEYS AT LAW applicable to land similarly zoned are needed to resolve the situation to which the GRANTORS' rezoning application gives rise; and WHEREAS, the GRANTORS have voluntarily proffered, in writing, in advance of and prior to the public hearing before the GRANTEE, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the GRANTORS, their successors, personal representatives, assigns, Grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTORS, their successors, personal representatives, assigns, Grantees, and other successors in interest or title 1 When the Property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "REZONING AND PRELIMINARY SITE PLAN OF PRINCESS ANNE SQUARE FOR RML CORPORATION", prepared by John E Sirine & Associates, Ltd , dated June 12, 1998, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan") 2 The exterior of the convenience store, canopy for the gasoline pumps, and the car wash depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "Gasoline Sales and Car Wash with Market for Princess Anne Trail Partners, Virginia Beach, Virginia", dated December 10, 1998, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation") PREPARED BY KES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW 3 The freestanding sign depicted on the Site Plan shall be a brick based monument style sign no greater than eight feet (8') in height 4 The building designated on the Site Plan as "Future Commercial" shall have an architectural design substantially similar to that of the convenience store depicted on the Elevation and shall utilize the same type and quality building materials specified in proffer number 5 below Elevations and renderings shall be submitted to the Planning Director for review and approval prior to Site Plan approval for the "Future Commercial" 5 The primary building material used to construct visible exterior surfaces (excluding the roof) of the convenience store and car wash shall be red brick 6 The "Dumpster" as depicted on the Site Plan shall be screened within an enclosure constructed either with red brick columns and wooden fencing the color of which shall match the siding on the convenience store and car wash, or entirely with red brick 7 To create a unified landscape design and appearance, the Grantor will plant and maintain the same type, quantity and quality of street frontage landscaping, as that depicted on the Site Plan, between the existing public sidewalk and the stormwater management basin on the adjacent property, if given the necessary landscaping and maintenance easement. 8 All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property 9 Category IV Landscaping, as described in the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach, will be provided adjacent to the southern and eastern boundaries of the Property 10 The uses which will not be permitted in the building designated "Future Commercial" are a) automobile service stations; b) bulk storage yards and building contractors yards, c) flea markets, d) heliports and helistops, e) mobile home sales, f) storage garages 11 The uses which will not be permitted in place of gasoline sales in conjunction with a convenience store and a car wash are: a) bulk storage yards and building contractors yards; PREPARED BY •CES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW b) flea markets, c) heliports and helistops, d) mobile home sales, e) storage garages 12 Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein The above conditions, having been proffered by the GRANTORS and allowed and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before the GRANTEE which was advertised pursuant to the provisions of Section 15 2-2204 of the Code of Virginia, 1950, as amended Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void The GRANTORS covenant and agree that - (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate, (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the GRANTORS shall petition the governing body for the review thereof prior to instituting proceedings in court, and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the GRANTORS and the GRANTEE PREPARED BY 'KES CARNES BOURDON 8 AHERN PC ATTORNEYS AT LAW PREPARED BY EKES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW WITNESS the following signatures and seals PRINCESS ANNE TRAIL PARTNERS, L L C , a Vtrginia Limited Liability +mpany By. .4rdy Ch stopher Ettel, Manager By 11/cED3- (SEAL) Whitt G Sessoms, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit (SEAL) September The foregoing instrument was acknowledged before me this 14th day of Amglams 1992, by Christopher J Ettel, Manager of Princess Anne Trail Partners, LLC, a Virginia I.iimtea Liability Company My Commission Expires August 31, 2002 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit �i7t7(-6c. Notary Public September The foregoing instrument was acknowledged before me this 14th day of Angtwk, 1998, by Whitt G Sessoms, Manager of Princess Anne Trail Partners, LLC, a Viiginia Limited Liability Company AlVi /I Th -'1 7_(//eja— Notary Public My Commission Expires August 31, 2002 PROFFERS RMLCORP? WITNESS the following signature and seal (SEAL) -----)I 1pha W Jacks STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit The foregoing instrument was acknowledged before me this d0 day of August, 1998. by Zelpha W Jackson, Grantor My Commission Expires /0/0i/11 PROFFERS RMI CORP2 PREPARED BY KES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW -ekiftt.,9_ s4 tAt 44ra„) Notary Public WITNESS the following signature and seal THE INTERSECTION HOLDING CORP., a 14 hid corporation ( I A / / % / By Title f/ceerkez-- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit The foregoing instrument was acknowledged before ine this 00 day of August, 1998, by 6.3/ LL w11/76f-/OR i , evg6, / of The Intersection Holding Corp., , a Vir..ginia corporation, Grantor My Commission Expires /c/J- PROFFERS RMLCORP2 PREPARED BY SYKES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW /010,41.a Notary Public WITNESS the following signature and seal 4-62/4 (41-11-1 (SEAL) Zola Wilson STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 1j e• day of September, 1998, by Zola Wilson, Grantor My Commission Expires. /0 /-71 14 t PROFFERS RM I .CORP2 PREPARED BY YKES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW 10 WITNESS the following signature and seal Pft,oz_, W 7kg--chzi(SEAL) Grace H Mitchell STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit The foregoing instrument was acknowledged before me this 1" day of September, 1998, by Grace H Mitchell, Grantor My Commission Expires PROFFERS RM LCORP2 PREPARED BY KES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW Ra/ecni 11 WITNESS the following signatures and seals yQ `�.e� /r jl r,, ay litee-e-,- hiA4L, Cal - , -1- Dennis ee Haynes by Grace H Mitchell, his attorney-in-fact i) c2-,„,—:-, s /tie e--, Chi --V 417 u, �,�L:, U e -A. t,c• t - -, - -c ce(SEAL) Dennis Lee Haynes by thony J Haynes, his attorney-in-fact (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit The foregoing instrument was acknowledged before me this ` day of September, 1998, by Grace H Mitchell and Anthony J Haynes, attorneys -in -fact for Dennis Lee Haynes, Grantor My Commission Expires 504a0/ PROF ERS RMLCORP2 PREPARED BY ,YKES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW 12 Not WITNESS the following signatures and seals A9G1ilfed STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit cam-✓ — �� (SEAL) Donald Lee Haynes by Grace H Mitchell, lus attorney-in-fact t (SEAL) Donald Lee Haynes by Anthony J Haynes, his attorney-in-fact The foregoing instrument was acknowledged before me this Y' day of September, 1998, by Grace H Mitchell and Anthony J Haynes, attorneys -in -fact for Donald Lee Haynes, Grantor My Commission Expires PROFFERS RMLCORP2 PREPARED BY (KES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW 13 WITNESS the following signatures and seals- a,440,04-..- z 1-1-4111.‘11 Sf ' " / M",ir-4,! 42:) - i......,„_.-94,4„/ (SEAL) Thomas Lee Haynes, Jr by Grace H Mitchell, his attorney-in-fact jC i.(ti�G 0 ck c W--e-c-� , Cr .v 7 r U/ � II �; 6-t-yt-.1 - -g�ri SEAL Thomas Lee Haynes, Jr Haynes, 1 AnthonyJ Ha es, � his attorney-in-fact STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit The foregoing instrument was acknowledged before me this 2day of September, 1998, by Grace H Mitchell and Anthony J Haynes, attorneys -in -fact for Thomas Lee Haynes, Jr , Grantor My Commission Expires PROFFERS RivILCORP2 PREPARED BY 'KES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW /-)7(/9er 14 WITNESS the following signature and seal STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit f (SEAL) Linda Haynes Dance by Grace H Mitchell, her attorney-in-fact 01,..4,c6,_ Ai& AL-, C-e---c-e- Cp-ra.4-s.7 5.1 5 L,uti C e: - c.� - T- (SEAL) Linda Haynes Dance by thony J Haynes, her attorney-in-fact The foregoing instrument was acknowledged before me this ?'day of September, 1998, by Grace H Mitchell and Anthony J Haynes, attorneys -in -fact for Linda Haynes Dance, Grantor My Commission Expires /.,/.71006/ PROFFERS RMLCORP2 PREPARED BY IKES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW 15 WITNESS the following signature and seal 0,„ e„, Anthony Jerome aynes -4,,,,,„. 0 0--, (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit The foregoing instrument was acknowledged before me this%day of September, 1998, by Anthony Jerome Haynes, Grantor My Commission Expires 6,7..) PROFFERS RMLCORP2 PREPARED BY YKES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW 76C2 16 WITNESS the following signatures and seals d., ,- 4 - 7 ia/ k —f;c,2j:/:142_ -rte—e..t Timothy Haynes by Grace H Mitchell, his attorney-in-fact STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit (SEAL) j?,,:. o -4-, - c (SEAL) Timothy Haynes by Anthony J Haynes, his attorney-in-fact The foregoing instrument was acknowledged before me this dayof September, g g g CO p 1998, by Grace H Mitchell and Anthony J Haynes, attorneys -in -fact for Timothy Haynes, Grantor My Commission Expires PROFFERS R MLCORP2 PREPARED BY IKES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW 17 WITNESS the following signature and seal 9"----c- ie.".(ei/e/X . }-1,z‹.<_.1...1 11,y Wil`:A June Riddick by Grace H Mitchell, her attorney-in-fact Ld btu-� :moi -c t (t 4� .) - w, - G c v (SEAL) June Riddick by Anthony aynes, her attorney-in-fact (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit The foregoing instrument was acknowledged before me thiscday of September, 1998, by Grace H Mitchell and Anthony J Haynes, attorneys -in -fact for June Riddick, Grantor My Commission Expires PROFFERS RMLCORP2 PREPARED BY YKES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW -4t .41e Py Notary ugiv, 18 V/. WITNESS the following signature and seal 6/4/1')7k,-c/ ? ;7- (SEAL) Wanda Haynes Bracy by Grace H Mitchell, her attorney-m-fact - (SEAL) Wanda Haynes Bracy by ithony J Haynes, her attorney-in-fact STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit The foregoing instrument was acknowledged before me this`". , day of September, 1998, by Grace H Mitchell and Anthony J Haynes, attorneys -in -fact for Wanda Haynes Bracy, Grantor My Commission Expires PROFFERS RMLCORP2 PREPARED BY KES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW 19 PREPARED BY KES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW EXHIBIT "A" PARCEL ONE All that certain tract, piece or parcel of land, with the improvements thereon and appurtenances thereunto belonging, lying, situate and being in Kempsville Borough, in the City of Virginia Beach, Virginia, and situated on the Eastern side of Princess Anne Road (formerly North Landing Road), and being designated and described as LOT 3=4A. -1R., and LOT 3A -5A., as shown on the plat of subdivision dated the 27"' day of February, 1908, made by Joshua G. Moore, County Surveyor, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3 at pages 236-237, and bounded and described as follows, to -wit: BEGINNING at a point in the dividing line between this property and the property now or formerly belonging to Sancie Griffin, as set forth in the deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 153, at page 62, which point is the dividing line between this property and the property of Sancie Griffin is North 41 degrees 20 minutes 00 seconds East 550 03 feet from the Eastern side of the Right of Way of Princess Anne Road, and from said point of beginning running thence South 51 degrees 30 minutes 00 seconds East 277.90 feet to a point in the dividing line between this property and the property now or formerly Lucy Baker, as set forth in the deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 82, at page 515, thence turning and running along the dividing line between this property and the property now or formerly Lucy Baker, North 41 degrees 22 minutes 10 seconds East 180 00 feet to a point; thence turning and running North 51 degrees 30 minutes 00 seconds West 277.90 feet to a point in the dividing line between this property and the property of Sancie Griffin; thence turning and running along the dividing line between this property and the property of Sancie Griffin, South 41 degrees 20 minutes 00 seconds West 180 00 feet to the point of BEGINNING GPIN NO 1476-60-3794-0000 PARCEL TWO ALL THOSE certain tracts, pieces or parcels of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the Kempsville Borough, in the City of Virginia Beach, Virginia, and situated on the Eastern side of Princess Anne Road (formerly North Landing Road), and being designated and described as. LOT 3 = 4A, - 1R, and LOT 3A = 5A., as shown on the plat of subdivision dated the 27th day of February, 1908, made by Joshua G Moore, County Surveyor, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3 at pages 236 - 237, and bounded and described as follows, to -wit. BEGINNING at a point in the dividing line between this property and the property now or formerly belonging to Sancie Griffin, as set forth in the deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 153, at page 62, which point of beginning is the dividing line between this property and the property of Sancie Griffin is North 41 degrees 20 minutes 20 PREPARED BY KES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW 00 seconds East 730.03 feet from a point now or formerly in the Eastern side of the Right of Way of Princess Anne Road, and from said point of beginning running thence South 51 degrees 30 minutes 00 seconds East 277 90 feet to a point in the dividing line between this property and the property now or formerly Lucy Baker, as set forth in the deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 82, at page 515, thence turning and running along the dividing line between this property and the property now or formerly Lucy Baker, North 41 degrees 22 minutes 10 seconds East 180 00 feet to a point, thence turning and running North 51 degrees 30 minutes 00 seconds West 277 90 feet to a point in the dividing line between this property and the property of Sancie Griffin; thence turning and running along the dividing line between this property and the property of Sancie Griffin, South 41 degrees 20 minutes 00 seconds West 180 00 feet to the point of BEGINNING GPIN NO 1476-60-5805-0000 PARCEL THREE ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the Kempsville Borough, in the City of Virginia Beach, Virginia, and situated on the Eastern side of Princess Anne Road (formerly North Landing Road), and being designated and described as follows LOT 3 = 4A, - 1R, and LOT 3A = 5A , as shown on the plat of subdivision dated the 27th day of February, 1908, made by Joshua G Moore, County Surveyor, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3 at pages 236 - 237, and bounded and described as follows, to -wit BEGINNING at a point in the dividing line between this property and the property now or formerly belonging to Sancie Griffin, as set forth in the deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 153, at page 62, which point of beginning is the dividing line between this property and the property of Sancie Griffin is North 41 degrees 20 minutes 00 seconds East 330 03 feet from a point now or formerly the Eastern side of the Right of Way of Princess Anne Road, and from said point of beginning running thence South 51 degrees 30 minutes 00 seconds East 180.00 feet to a point, thence turning and running North 41 degrees 22 minutes 10 seconds East 105 00 feet to a point, thence turning and running South 51 degrees 30 minutes 00 seconds East 97 90 feet to a point in the dividing line between this property and the property now or formerly Lucy Baker, as set forth in the deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 82, at page 515, thence turning and running along the dividing line between this property and the property now or formerly Lucy Baker, North 41 degrees 22 minutes 10 seconds East 115 00 feet to a point, thence turning and running North 51 degrees 30 minutes 00 seconds West 277 90 feet to a point in the dividing line between this property and the property of Sancie Griffin; thence turning and running along the dividing line between this property and the property of Sancie Griffin, South 41 degrees 20 minutes 00 seconds West 220 00 feet to the point of BEGINNING GPIN NO 1476-60-2661-0000 21 PREPARED BY KES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW 4 PARCEL FOUR All that certain lot or parcel of land containing two (2) acres, situated in said County of Princess Anne, in the State of Virginia, being a part of the tract of land which was conveyed to said Shaw Land and Timber Company by F. M Whitehurst and wife, by their deed dated March 18, 1905, recorded in the County Clerk's Office of Princess Anne County aforesaid in Deed Book No. 75, page 523, and being the Eastern two-fifths of a certain five acre lot designated as lot No. 2-A on a plat of subdivision of the said tract of land made by Joshua G Moore in 1908 and is recorded in the Clerk's Office of the Circuit Court of Princess Anne County, Virginia the said two (2) acre lot hereby conveyed being bounded and described as follows. BEGINNING on the public road at the intersection of the northern line of said road with the eastern line of said lot No. 2-A as shown on said plats, thence running along the eastern line of lot No 2-A North 41 degrees 20 minutes East fourteen hundred and sixty-six and fifty two hundredths (1466.52) feet, thence westwardly fifty-nine and twelve hundredths (59 12) feet more or less, thence South 41 degrees 20 minutes West fourteen hundred and sixty-six and fifty-two hundredths (1466.52) feet, more or less to the public road, thence eastwardly along said public road fifty-nine and twelve hundredths (59 12) feet, more or less to the point of BEGINNING. GPIN NO 1476-60-2739-0000 PARCEL FIVE All that certain lot or parcel of land, with the buildings and improvements thereon, situated in the County of Princess Anne, in the State of Virginia, being a part of the tract of land which was conveyed to said Shaw Land and Timber Company by P M Whitehurst and wife, by their deed dated March 18t, 1905, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, in Deed Book No. 75, page 523, and being lot No 2 and the western three-fifths (3/5) of lot No 2-A on a plat of subdivision of the said tract of land made by Joshua G Moore in 1908 and to be recorded , the said lot of land hereby conveyed being bounded together as one parcel as follows. BEGINNING on the public road at the intersection of the Northern line of said road with the Western line of said lot No 2, as shown on said plat, running thence N 41° 20' E Fourteen Hundred and Ninety feet and Ninety-four Hundredths of a foot (1490 94) to a post at the rear of said property, thence S 47° 20' E. Two Hundred and Thirty-five feet and Twenty-four Hundredths of a foot (235 24) to the line of the property heretofore conveyed by the grantor to Lula R. Wheaton; thence S. 41° 20' W Fourteen Hundred and Sixty-six feet and Fifty-two Hundredths of a foot (1466.52) more or less, to the public road, thence N. 51-'/z W. Two Hundred and Thirty-five feet and Twenty-four Hundredths (235 24) to the point of beginning Said property conveyed containing Eight (8) acres, more or less, except from that 1/2 acre sold to C W Griffin 22 EXCEPTING THEREFROM HOWEVER, that certain parcel of land conveyed by deed of Elizabeth Williams Haynes, et vir, to Rudolph Mackey, et ux, which deed is dated June 27, 1966, and is recorded in the Clerk's Office aforesaid m Deed Book 966, at Page 488 GPIN NO : 1476-61-4266-0000 PREPARED BY 'KES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW 23 EXIT "B" All those certain pieces, parcels and lots of land, in the Kempsville District of the City of Virginia Beach located at the southeast corner of the intersection of Princess Anne Road and South Plaza Trail containing 2 737 acres designated "Commercial Site 1.216 Acres" and "Future Commercial Site 1.521 Acres" on that plat entitled "Rezoning and Preliminary Site Plan of Princess Anne Square For RML Corporation", dated 6/12/98, prepared by John E Sirine and Associates, Ltd., which parcel is more particularly described as. Beginning at a pin on the eastern right-of-way line of Princess Anne Road 210 feet ± south of the centerline of South Plaza Trail and from said Point of Beginning North 34° 33' 30" East, 111 00 feet along the right-of-way boundary of the existing stormwater management basin to a pin, thence North 60° 37' 23" East, 53 36 feet along the right-of-way boundary to a VDOT monument, thence North 30° 03' 42" West, 25 95 feet to a pin, thence North 34° 33' 30" East, 21.91 feet to a pin, thence North 58° 16' 30" West, 41 87 feet to a pin, thence North 30° 03' 42" West, 26 67 feet to a pin, thence North 34° 33' 30" East, 53 35 feet to a pin along the southern right-of-way line of South Plaza Trail; thence following the southern right-of-way line of South Plaza Trail in a northeasterly direction along the arc of a curve having a radius of 1477 39' an arc distance of 204.20 feet to a point, thence turning and running South 35° 00' 26" East, 303.91 feet to a point; thence South 54° 59' 34" West, 203 00 feet to a point, thence South 24° 48' 05" East, 72.23 feet to a point, thence South 65° 11' 55" West, 245 00 feet to a point along the eastern right-of-way line of Princess Anne Road, thence North 24° 48' 05" West along the eastern right-of-way line of Princess Anne Road, 118 09 feet to a pin; thence North 34° 38' 17" East, 28.52 feet to an old pin; thence North 58° 28' 04" West, 33.39 feet to a pin, thence North 27° 09' 32" West, 21 22 feet to the Point of Beginning. PROFFERS RML2 PREPARED BY ES CARNES BOURDON E. AHERN PC ATTORNEYS AT LAW 24 1 - 45 - Item VI -J 6.b. PLANNING ITEM # 44677 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED the Ordinance upon application of RML CORPORATION, for a Conditional Change of Zoning ORDINANCE UPON APPLICATION OF RML CORPORATION FOR A CHANGE OF ZONING FROMR- 7.5 TO CONDITIONAL A-12 Z02991127 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RML Corporation for a Change of Zoning District Classification from R-7 5 Residential District to Conditional A-12 Apartment District on certain property located on the south side of South Plaza Trail beginning at a point 150 feet more or less east of Princess Anne Road. The proposed zoning classification change to Conditional A-12 is for multi family land use at a density no greater than 12 dwelling units per acre The Comprehensive Plan recommends use of this parcel for planned community with a variety of related uses in accordance with other Plan policies Said parcel contains 10.200 acres KEMPSVILLE - DISTRICT 2 The following conditions shall be required: 1 Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record The revised plan makes the following changes • a. The entrance to this residential development was shifted from South Plaza Trail to Brenneman Trail, a proposed 66' right-of- way This access has been coordinated with the future development of the Brenneman Farms property and is superior to the previous submittal b. The number of units has been increased from 78 to 80 and 6 acres have been added to the site for a density of 7 4 units per acre. This density is slightly lower than the previous plan which had a density of 7.6 units per acre. The property being added to the site on the north is part of the Brenneman Farms Planned Unit Development and is currently designated for condominium development. c. The previous plan proffered a brick wall along Princess Anne Road and South Plaza Trail The revised plan also has fencing along Brenneman Trail and the fence has been changed to vinyl with brick columns With the landscaping proposed on the street side of the fence, this will result in an attractive streetscape requiring low maintenance d. The entrance rendering previously proffered has been omitted The rendering is no longer appropriate since the entrance has shifted to Brenneman Trail All of the features shown in the rendering remain on the site plan with the exception of the monument sign. The applicant is now proffering that identification signage will be attached to the proposed wall This Ordinance shall be effective in accordance with Section 107 (I) of the Zoning Ordinance Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of February. Nineteen Hundred and Ninety -Nine February 23, 1999 1 - 46 - Item VI-J.6.b. PLANNING ITEM # 44677 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker and A M "Don" Weeks Council Members Voting Nay. None Council Members Abstaining: Vice Mayor William D Sessoms, Jr Council Members Absent - None Vice Mayor Sessoms ABSTAINED as family members are involved with this application February 23, 1999 FORM NO PS 1B City of Virgirzita Beech In Reply Refer To Our File No. DF -98-4787 INTER -OFFICE CORRESPONDENCE TO: Leslie L. Lilley FROM: William M. Macali Witil RE: Conditional Zoning Application RML Corporation DATE: February 12, 1999 DEPT: City Attorney DEPT: City Attorney The above -referenced companion conditional zoning application is scheduled to be heard by the City Council on February 23, 1999. I have reviewed the subject conditional zoning agreement, dated August 26, 1998, as revised after the originally -scheduled public hearing date of February 9, 1999, 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. WMM Enclosure PREPARED BY ES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW RML CORPORATION, a Virginia corporation, ZELPHA W JACKSON, THE INTERSECTION HOLDING CORP , a Virginia corporation, ZOLA WILSON, GRACE H MITCHELL, DENNIS LEE HAYNES, DONALD LEE HAYNES, THOMAS LEE HAYNES, JR , LINDA HAYNES DANCE, ANTHONY JEROME HAYNES, TIMOTHY HAYNES, JUNE RIDDICK AND WANDA HAYNES BRACY TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 26th day of August, 1998, by and between RML CORPORATION, a Virginia corporation, GRANTOR, party of the first part; ZELPHA W JACKSON, GRANTOR, party of the second part, THE INTERSECTION HOLDING CORP , a Virginia corporation, GRANTOR, party of the third part, ZOLA WILSON, GRANTOR, party of the fourth part, GRACE H. MITCHELL, DENNIS LEE HAYNES, DONALD LEE HAYNES, THOMAS LEE HAYNES, JR , LINDA HAYNES DANCE, ANTHONY JEROME HAYNES, TIMOTHY HAYNES, JUNE RIDDICK and WANDA HAYNES BRACY, GRANTORS, parties of the fifth part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE, party of the sixth part WITNESSETH_ WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, containing approximately 1 148 acres designated as Parcel One in Exhibit "A" attached hereto and incorporated herein by this reference, A portion of Parcel One, containing approximately 1 071 acres, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property" which is more particularly described in Exhibit "C" attached hereto and incorporated herein by this reference, and WHEREAS, the party of the third part is the owner of six (6) parcels of property located in the Kempsville District of the City of Virginia Beach, containing approximately 0 829 acres, 1 147 acres, 1 147 acres, 1 147 acres, 1 076 acres and 1 166 acres respectively and designated as Parcels Two, Three, Four, Five, Six and Seven in Exhibit "A" attached hereto and incorporated herein by this reference Portions of Parcels Three and Seven containing approximately 1 060 acres and 1 135 acres respectively and all of Parcels Two, Four, Five and Six, along with the other pieces and parcels PREPARED BY <ES CARNES BOURDON 8 AHERN PC ATTORNEYS AT LAW described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property" which is more particularly described in Exhibit "C" attached hereto and incorporated herein by this reference, and WHEREAS, the parties of the fourth part are the owners of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, containing approximately 1 510 acres designated as Parcel Eight in Exhibit "A" attached hereto and incorporated herein by this reference A portion of Parcel Eight, containing approximately 0.972 acres, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property" which is more particularly described in Exhibit "C" attached hereto and incorporated herein by this reference, and WHEREAS, the party of the fifth part is the owner of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, containing approximately 3 767 acres designated as Parcel Nine in Exhibit "A" attached hereto and incorporated herein by this reference. A portion of Parcel Nine, containing approximately 1.763 acres, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property" which is more particularly described in Exhibit "C" attached hereto and incorporated herein by this reference; and WHEREAS, the party of the first part is the contract purchaser of the Property containing approximately 10.200 acres and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the GRANTEE so as to change the Zoning Classification of the Property from R-7 5 to A-12, and WHEREAS, the GRANTEE'S policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation, and WHEREAS, the GRANTORS acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the GRANTORS' rezoning application gives rise; and WHEREAS, the GRANTORS have voluntarily proffered, in writing, in advance of and prior to the public hearing before the GRANTEE, as a part of the proposed amendment to the Zoning Map, -2 PREPARED BY YKES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW in addition to the regulations provided for the A-12 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning NOW, THEREFORE, the GRANTORS, for themselves, their successors, personal representatives, assigns, GRANTEE, and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid gm quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTORS, their successors, personal representatives, assigns, GRANTEE, and other successors in interest or title• 1 The "REZONING AND PRELIMINARY SITE PLAN OF PRINCESS ANNE SQUARE FOR RML CORPORATION', prepared by John E Sirine & Associates, Ltd , dated June 12, 1998 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be coordinated design and development of the site as a Residential Condominium in terms of vehicular and pedestrian access and circulation, landscaping and buffering, tree preservation, building location, building orientation, stormwater management facilities as landscape features, and recreational amenities to better foster a sense of community 2 Vehicular Ingress and Egress shall be limited to one (1) entrance from Brenneman Trail which is designated "Proposed 66' R/W" on the Conceptual Site Plan Community identification signage shall be placed on the crescent shaped brick wall depicted at the corner of South Plaza Trail and Brenneman Trail The signage shall be externally illuminated from ground level 3 Those portions of Brenneman Trail ("Proposed 66' R/W") and South Plaza Trail depicted on the Conceptual Site Plan which are not currently public right-of-way must be dedicated to the GRANTEE prior to the party of the first part obtaining final Site Plan approval from the GRANTEE PREPARED BY KES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW 4 All road frontage along South Plaza Trail, Pnncess Anne Road, and Brenneman Trail shall be landscaped and a fence utilizing brick columns shall be constructed adjacent to portions of South Plaza Trail, Princess Anne Road and Brenneman Trail as depicted on the Conceptual Site Plan 5 The architectural design of the residential buildings will be as depicted on the exhibit entitled "TRI-PLEX ELEVATION STUDY", Princess Anne Square by Art Ross Designs dated December 10, 1998, with building exterior coverings of brick and vinyl as designated on the Exhibit entitled "Exterior Covering Delineation, Princess Anne Square", which exhibits have been presented to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning The ends of those two (2) buildings which are closest to Princess Anne Road and those three (3) buildings which are closest to South Plaza Trail shall be primarily brick The colors used may vary from those on the exhibits but all will be earth -tone 6 The total number of living units permitted to be constructed within the Residential Condominium on the Property shall not exceed Eighty (80) 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 The above conditions, having been proffered by the GRANTORS and allowed and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before the GRANTEE which was advertised pursuant to the provisions of Section 15 2-2204 of the Code of Virginia, 1950, as amended Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void The GRANTORS covenant and agree that (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate, (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the GRANTORS shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the GRANTORS and the GRANTEE. PREPARED BY ,IKES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW WITNESS the following signature and seal RML CORPORATION, a Virginia corporation Robert M Letc worth, President (SEAL) STATE OF VIRGINLA CITY OF VIRGINIA BEACH, to -wit The foregoing instrument was acknowledged before me this 14 day of August, 1998, by Robert M Letchworth, President of RMI, Corporation, a Virginia corporation, GRANTOR Notai y Public My Commission Expires i1 CA CK 31 olOO a I'RtOFRS RLMLCORP 1 PREPARED BY KES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW -6 WITNESS the following signature and seal STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit D(SEAL) elpha W Jacl on The foregoing instrument was acknowledged before me this 3v day of August, 1998, by Zelpha W Jackson, Grantor My Commission Expires /0/S//99 PROFTERS RMLCORPI PREPARED BY KES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW ,()2 (2aita) Notary Public WITNESS the following signature and seal THE INTERSTATE HOLDING CORP , a VI %l n t corporation By 446 %4;0. 4444 tial (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit The foregoing instrument was acknowledged before me this 3 0 day of August, 1998, by W r L L / /) 07 H i EHO ' Y--/ , of The Interstate Holding Corp , a corporation, Grantor My Commission Expires. /Q 43 i h7 PROFFERS Ruu.CORPI PREPARED BY YKES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW sK,),,, `,), a id(a,v21),.., Notary Public WITNESS the following signature and seal - . (SEAL) Zola Wilson STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit The foregoing instrument was acknowledged before me this g( day of August, 1998, by Zola Wilson, Grantor My Commission Expires /0 /1 I f Y PROFFERS RMLCORP1 PREPARED BY ,YKES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW WITNESS the following signature and seal ie4c< /' " )i.[ie-`tidf (SEAL) Grace H Mitchell STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit The foregoing instrument was acknowledged before me this 15w1 day of September, 1998, by Grace H Mitchell, Grantor Notary Pu My Commission Expires d-, uo,p,, as aCOD_. PROFFERS RMLCORPI PREPARED BY ?ICES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW - 10 - WITNESS the following signatui e and seal dayx-e-e- )(-7 /1464r-c,i4 Y-77"..da4/44* g , _ (SEAL) Dennis Lie Haynes by Grace H Mitchell, his attorney-in-fact oat 6.7 0,71,....7 (4"6'6" ^ .(SEAL) Dennis Lee Haynes by Antony J Haynes, his aitormy-in-fact STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit• The foregoing instrument was acknowledged before me this 154.t'\ day of September, 1998, by Grace H Mitchell and Anthony J Haynes, attorneys -in -fact for Dennis Lee Haynes, Grantor My Commission Expires PROFFERS RMLCORPI PREPARED BY YKES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW (\hlt7i..8"--)__LA)0470LitP Notary Public.) tixtve._ a- oc - WITNESS the following signature and seal 00„„tiad LeP,,..(:, rsi tyw.,-,,41( /---ke, 14 ii:* -1424,_8( --- 1L ,- - /air} (SEAL) Donald Lerflaynes by Grace H Mitchell, his attorney-in-fact or-efa 44—e-, 6-%7 6-ek-(1,‘,-/ 41( —&--.-: G L►- -6,di (SEAL) Donald Lee Haynes by Anthony J Haynes, his attorney-in-fact STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit. The foregoing instrument was acknowledged before me this ISitn day of September, 1998, by Grace H Mitchell and Anthony J Haynes, attorneys -in -fact for Donald Lee Haynes, Grantor My Commission Expires PROVERS RMLC:ORP 1 PREPARED BY 'KES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW c 1 s Notary Pu , acc _ - 12 - WITNESS the following signature and seal (71,7c4ce- it4 Pi/2dt"/ - •-�,— -� �Li (SEAL) Thomas L Haynes, Jr by Grace H Mitchell, his attorney-in-fact u , - - (SEAL) Thomas Lee Haynes, Jr y Anthony J Haynes, his attorney--in-fact STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit The foregoing instrument was acknowledged before me this 151'' day of September, 1998, by Grace H Mitchell and Anthony J Haynes, attorneys -in -fact for Thomas Lee Haynes, Jr , Grantor. My Commission Expires (4..00, t) PROFFERS RMLCORPI PREPARED BY EKES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW - 13 - WITNESS the following signature and seal e, .-rte 1 7 Vu).Jj/ 4 / 1/4-4,--,, -mac _ A, -;t,' _ (SEAL) Linda Ha s Dance by Grace H Mitchell, STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit. her attorney-in-fact • C tL1,yd-ar - , - od (SEAL) Linda Haynes Dance by Arithony J Haynes, her attorney-in-fact The foregoing instillment was acknowledged before me this tom' day of September, 1998, by Grace H Mitchell and Anthony J Haynes, attorneys -in -fact foi Linda Haynes Dance, Grantor My Commission Expires PROFFERS RMLCORP 1 PREPARED BY KES CARNES BOURDON b AHERN PC ATTORNEYS AT LAW - 14 - Notary Pub Pub WITNESS the following signature and seal Anthony Jerome Haynes STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit. (SEAL) The foregoing instrument was acknowledged before me this \I'l day of September, 1998, by Anthony Jerome Haynes, Grantor Notary Pub My Commission Expires Cilzhrwae a.$ 1 a � PROFFERS RMILCORP1 PREPARED BY (KES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW - 15 - WITNESS the following signature and seal f L',,,,,ii A cy',i 1.7iri``c"t: it Pkgaie ! 44'1-1 ee--(--64,'>-c.v. •�-t� (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit Timothy Ha s by Grace H Mitchell. his attorney-in-fact 4aZr' J—. -cam-. - (SEAL) Timothy Haynes by An ony J Haynes, his attorney -in- fact The foregoing instrument was acknowledged before me this X54 day of September, 1998, by Grace H Mitchell and Anthony J Haynes, attorneys -in -fact for Timothy Haynes, Grantor al--Yjii---dlle°41tr--1- Notary Pi 'c My Commission Expires ,42b� a -$',Q( �- CD PROFI'L• RS RMLCORPI PREPARED BY IKES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW - 16 - WITNESS the following signature and seal 9 A',44(cix_ac At( li'- 1,i , _4,0.2, ti-/ June Riddic y Grace H Mitchell, her attorney-in-fact Li a— -, 'VA eAP-b-,..,—a7 -- (,;., - ric e'4 June Riddick by Anthony J fraynes, her attorney-in-fact STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit• (SEAL) ?Si 142t1S"' (SEAL) The foregoing instrument was acknowledged before me this V' day of September, 1998, by Grace H Mitchell and Anthony J. Haynes, attorneys -in -fact for June Riddick, Grantor My Commission Expires PROFFERS RMLCORP 1 PREPARED BY <ES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW -)laen tp Notary Pu c f,_ ate, ocoa - 17 - WITNESS the following signature and seal at 4 le7)1-C L., 6 cc".27 Tht c ' 01:47 r (L4'u .4=,,, 7‘,6 f- (SEAL) Wanda H3 es Bracy by Grace H Mitchell, her attorney-in-fact OkL I i 6--,- 1-e, 6-&2,-,-,7- GI-, - ed (SEAL) Wanda Haynes Bracy b Anthony J Haynes, her attorney-in-fact STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit. The foregoing instrument was acknowledged before me this 1 day of September, 1998, by Grace H Mitchell and Anthony J Haynes, attorneys -in -fact for Wanda Haynes Bracy, Grantor ehtLriaftktt--- Notary Public My Commission Expires(i- O' , rgoo PROFFERS RMLCORPI PREPARED BY KES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW - 18 - 1 PREPARED BY CES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW EXHIBIT "A" PARCEL ONE All that certain tract, piece or parcel of land, with the improvements thereon and appurtenances thereunto belonging, lying, situate and being in Kempsville Borough, in the City of Virginia Beach, Virginia, and situated on the Eastern side of Princess Anne Road (formerly North Landing Road), and being designated and described as LOT 3=4A. -1R., and LOT 3A -5A , as shown on the plat of subdivision dated the 27th day of February, 1908, made by Joshua G. Moore, County Surveyor, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3 at pages 236-237, and bounded and described as follows, to -wit• BEGINNING at a point in the dividing line between this property and the property now or formerly belonging to Sancie Griffin, as set forth in the deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 153, at page 62, which point is the dividing line between this property and the property of Sancie Griffin is North 41 degrees 20 minutes 00 seconds East 550 03 feet from the Eastern side of the Right of Way of Princess Anne Road, and from said point of beginning running thence South 51 degrees 30 minutes 00 seconds East 277.90 feet to a point in the dividing line between this property and the property now or formerly Lucy Baker, as set forth in the deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 82, at page 515; thence turning and running along the dividing line between this property and the property now or formerly Lucy Baker, North 41 degrees 22 minutes 10 seconds East 180 00 feet to a point; thence turning and running North 51 degrees 30 minutes 00 seconds West 277 90 feet to a point in the dividing line between this property and the property of Sancie Griffin; thence turning and running along the dividing line between this property and the property of Sancie Griffin, South 41 degrees 20 minutes 00 seconds West 180.00 feet to the point of BEGINNING GPIN NO • 1476-60-3794-0000 PARCEL TWO. ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the Kempsville Borough, in the City of Virginia Beach, Virginia, and situated on the Eastern side of Princess Anne Road (formerly North Landing Road), and being designated and described as LOT 3 = 4A, - 1R, and LOT 3A = 5A., as shown on the plat of subdivision dated the 27°' day of February, 1908, made by Joshua G Moore, County Surveyor, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3 at pages 236 - 237, and bounded and described as follows, to -wit: BEGINNING at a point in the dividing line between this property and the property now or formerly belonging to Sancie Griffin, as set forth in the deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 153, at page 62, which point of beginning is the -19- PREPARED BY ES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW dividing line between this property and the property of Sancie Griffin is North 41 degrees 20 minutes 00 seconds East 185 03 feet from a point now or formerly the Eastern side of the Right of Way of Princess Anne Road, and from said point of beginning running thence South 51 degrees 30 minutes 00 seconds East 277 90 feet to a point in the dividing line between this property and the property now or formerly Lucy Baker, as set forth in the deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 82, at page 515; thence turning and running along the dividing line between this property and the property now or formerly Lucy Baker, North 41 degrees 22 minutes 10 seconds East 250 00 feet to a point; thence turning and running North 51 degrees 30 minutes 00 seconds West 97.90 feet to a point; thence turning and running South 41 degrees 22 minutes 10 seconds West 105 00 feet to a point; thence turning and running North 51 degrees 30 minutes 00 seconds West 180 00 feet to the dividing line between this property and the property of Sancie Griffin, thence turning and running along the dividing line between this property and the property now or formerly belonging to Sancie Griffin, South 41 degrees 20 minutes 00 seconds West 145.00 feet to the point of BEGINNING. LESS AND EXCEPT All That certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as "TAKE AREA = 14240.7 SQ FT OR 0 327 AC " as shown on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH, VIRGINIA FROM SARAH FRANCES SMITH SCALE 1' = 50' APRIL 12, 1982 KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA PROJECT NO N - AD - 37 (1) 0165 - 134 - 104 PE - 101, R/W 201 PARCEL NO 38 HOLLY, SPAIN, SUTTON & MARSH, P C ", said plat being duly recorded in the Clerk's Office aforesaid in Deed Book 2221, at Page 1031, to which plat reference is hereby made for a more particular description of said property GPIN NO. 1476-60-2452-0000 PARCEL THREE ALL THOSE certain tracts, pieces or parcels of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the Kempsville Borough, in the City of Virginia Beach, Virginia, and situated on the Eastern side of Princess Anne Road (formerly North Landing Road), and being designated and described as: LOT 3 = 4A, - 1R, and LOT 3A = 5A , as shown on the plat of subdivision dated the 27th day of February, 1908, made by Joshua G Moore, County Surveyor, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3 at pages 236 - 237, and bounded and described as follows, to -wit BEGINNING at a point in the dividing line between this property and the property now or formerly belonging to Sancie Griffin, as set forth in the deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 153, at page 62, which point of beginning is the dividing line between this property and the property of Sancie Griffin is North 41 degrees 20 minutes 00 seconds East 730 03 feet from a point now or formerly in the Eastern side of the Right of Way of -20- PREPARED BY KES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW dividing line between this property and the property of Sancie Griffin is North 41 degrees 20 minutes 00 seconds East 1270 03 feet from a point now or formerly in the Eastern side of the Right of Way of Princess Anne Road, and from said point of beginning running thence South 51 degrees 30 minutes 00 seconds East 277 90 feet to a point in the dividing line between this property and the property now or formerly Lucy Baker, as set forth in the deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 82, at page 515; thence turning and running along the dividing line between this property and the property now or formerly Lucy Baker, North 41 degrees 22 minutes 10 seconds East 180 00 feet to the pipe in the dividing line between this property now or formerly Lemuel Gallup; thence turning and running along the dividing line between this property and the property of Lemuel Gallup, North 47 degrees 20 minutes 00 seconds West 278.52 feet to a point in the dividing line between this property and the property now or formerly Sancie Griffin; thence turning and running along the dividing line between this property of Sancie Griffin, South 41 degrees 20 minutes 00 seconds West 180 00 feet, more or less, to the point of Beginning GPIN NO 1467-61-8320-0000 PARCEL SEVEN: ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the Kempsville Borough, in the City of Virginia Beach, Virginia, and situated on the Eastern side of Princess Anne Road (formerly North Landing Road), and being designated and described as follows: LOT 3 = 4A, - 1R, and LOT 3A = 5A , as shown on the plat of subdivision dated the 27`" day of February, 1908, made by Joshua G Moore, County Surveyor, and duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3 at pages 236 - 237, and bounded and described as follows, to -wit BEGINNING at a point in the dividing line between this property and the property now or formerly belonging to Sancie Griffin, as set forth in the deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 153, at page 62, which point of beginning is the dividing line between this property and the property of Sancie Griffin is North 41 degrees 20 minutes 00 seconds East 330 03 feet from a point now or formerly the Eastern side of the Right of Way of Princess Anne Road, and from said point of beginning running thence South 51 degrees 30 minutes 00 seconds East 180 00 feet to a point, thence turning and running North 41 degrees 22 minutes 10 seconds East 105 00 feet to a point, thence turning and running South 51 degrees 30 minutes 00 seconds East 97 90 feet to a point in the dividing line between this property and the property now or formerly Lucy Baker, as set forth in the deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 82, at page 515, thence turning and running along the dividing line between this property and the property now or formerly Lucy Baker, North 41 degrees 22 minutes 10 seconds East 115 00 feet to a point; thence turning and running North 51 degrees 30 minutes 00 seconds West 277 90 feet to a point in the dividing line between this property and the property of Sancie Griffin, thence turning and running along the dividing line between this property - 23 - PREPARED BY ES CARNES BOURDON & AHERN PC ATTORNEYS AT LAW and the property of Sancie Griffin, South 41 degrees 20 minutes 00 seconds West 220 00 feet to the point of BEGINNING GPIN NO 1476-60-2661-0000 PARCEL EIGHT All that certain lot or parcel of land containing two (2) acres, situated in said County of Princess Anne, in the State of Virginia, being a part of the tract of land which was conveyed to said Shaw Land and Timber Company by F. M Whitehurst and wife, by their deed dated March 18, 1905, recorded in the County Clerk's Office of Princess Anne County aforesaid in Deed Book No 75, page 523, and being the Eastern two-fifths of a certain five acre lot designated as lot No 2-A on a plat of subdivision of the said tract of land made by Joshua G. Moore in 1908 and is recorded in the Clerk's Office of the Circuit Court of Princess Anne County, Virginia the said two (2) acre lot hereby conveyed being bounded and described as follows BEGINNING on the public road at the intersection of the northern line of said road with the eastern line of said lot No. 2-A as shown on said plats, thence running along the eastern line of Lot NO 2-A North 41 degrees 20 minutes East fourteen hundred and sixty-six and fifty two hundredths (1466 52) feet; thence westwardly fifty-nine and twelve hundredths (59 12) feet more or less; thence South 41 degrees 20 minutes West fourteen hundred and sixty-six and fifty-two hundredths (1466 52) feet, more or less to the public road, thence eastwardly along said public road fifty-nine and twelve hundredths (59 12) feet, more or less to the point of BEGINNING GPIN NO : 1476-60-2739-0000 PARCEL NINE: All that certain lot or parcel of land, with the buildings and improvements thereon, situated in the County of Princess Anne, in the State of Virginia, being a part of the tract of land which was conveyed to said Shaw Land and Timber Company by P M. Whitehurst and wife, by their deed dated March 18th, 1905, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, in Deed Book No 75, page 523, and being lot No. 2 and the western three-fifths (3/5) of lot No 2-A on a plat of subdivision of the said tract of land made by Joshua G Moore in 1908 and to be recorded , the said lot of land hereby conveyed being bounded together as one parcel as follows: BEGINNING on the public road at the intersection of the Northern line of said road with the Western line of said lot No 2, as shown on said plat, running thence N. 41° 20' E Fourteen Hundred and Ninety feet and Ninety-four Hundredths of a foot (1490 94) to a post at the rear of said property; thence S 47° 20' E Two Hundred and Thirty-five feet and Twenty-four Hundredths of a foot (235 24) to the line of the property heretofore conveyed by the grantor to Lula R Wheaton, thence S 41° 20' W Fourteen Hundred and Sixty-six feet and Fifty-two Hundredths of a foot (1466 52) more or less, to the public road; thence N 51-1 W Two Hundred and Thirty-five feet and Twenty-four - 24 - Hundredths (235 24) to the point of beginning Said property conveyed containing Eight (8) acres, more or less, except from that 1/2 acre sold to C W Griffin EXCEPTING THEREFROM HOWEVER, that certain parcel of land conveyed by deed of Elizabeth Williams Haynes, et vir, to Rudolph Mackey, et ux, which deed is dated June 27, 1966, and is recorded in the Clerk's Office aforesaid in Deed Book 966, at Page 488. GPIN NO 1476-61-4260-0000 PREPARED BY _S CARNES BOURDON & AHERN PC ATTORNEYS AT LAW - 25 - EXHIBIT "C" All those certain pieces, parcels and lots of land in the Kempsville District of the City of Virginia Beach, located on the south side of South Plaza Trail and east of Princess Anne Road designated "Condominium Site 10.200 Acres" on that plat entitled "Rezoning and Preliminary Site Plan of Princess Anne Square For RML Corporation", dated 6/12/98, prepared by John E Sirine and Associates, Ltd , which parcel is more particularly described as BEGINNING at a pin on the southern right-of-way line of South Plaza Trail 999.34 feet ± east of the centerline of Princess Anne Road and from said Point of Beginning South 53° 37' 11" East, 463.94 feet to an Old Pipe; thence South 35° 07' 43" West, 1243.97 feet to a pin; thence North 57° 57' 05" West, 59 48 feet to a pin on the Eastern right-of-way line of Princess Anne Road; thence following the eastern right-of-way line of Princess Anne Road in a northwesterly direction along the arc of a curve having a radius of 2395.35' an arc distance of 106 25 feet to a pin; thence continuing along the right- of-way line North 24° 48' 05" West, 226 25 feet to a point; thence North 65° 11' 55" East 245 00 feet to a point; thence North 24° 48' 05" West, 72.23 feet to a point, thence North 54° 59' 34" East, 203 00 feet to a point; thence North 35° 00' 26" West, 303 91 feet to a point on the southern right-of- way line of South Plaza Trail; thence following the southern right-of-way line of South Plaza Trail in a northeasterly direction along the arc of a curve having a radius of 1477 39' an arc distance of 555 14 feet to a pin at the Point of Beginning PROFFERS RMLI PREPARED BY .ES CARNES BOURDON 8 AHERN PC ATTORNEYS AT LAW - 26 - - 47 - Item VI -J.7. PUBLIC HEARING ITEM # 44678 PLANNING The following registered to speak in SUPPORT of the application Randy Royal, Engineering Services, Phone 468-6800 Bill Oswell, Architect, Hone Depot - Atlanta, Georgia - Phone (770) 303-1033 Ed Ogletree, Real Estate Manager - Home Depot, Atlanta, Georgia (770) 384-2420 Attorney Donald H Clark, representing the Spence Family Kevin Nielsen, 4860 Cox Road, Glen Allen, Virginia 23060 (804) 915-6008, represented Richfood Holdings, Inc /Farm Fresh Anne Winterheld, Sunbeam Court, requesting access road Pete Gonzales, Sunbeam Court, requesting access road Vickie Herron, 1804 Jaged Rock Drive, Phone 471-9774, representing merchants in Princess One Shopping Center Jay Chang, Owner - China City - Princess One Shopping Center Lawton H. Baker, CPA, 5101 Cleveland Street, Suite 104, Phone • 499-1122, represented Shirley Buckner John Knibb, Development Consultant - Princes One Shopping Center, One Columbus Center In FAVOR of project, but OPPOSED to traffic plan Attorney R. J. Nutter, 4425 Corporation Lane, Phone 418-3200, represented Princess One Shopping Center, proposed extension of Sunstream Parkway The following registered in OPPOSITION: Christy Leon -Hill, 1752 Solar Lane, Phone • 471-6787, presented petitions in OPPOSITION Larry McCauley, 4201 MacArthur Road, Phone • 471-4952 Arthur J. Penner, 2039 White Water Drive, Phone • 471-8464, represented Rock Creek Homes Sandra Lindsey, 1713 Sunbeam Court, Phone Phone 471-4933, Work: 490-9675 Louise Griffith, 1708 Sunshine Walter Clifton, 3920 Sunstream Parkway, Phone 471-6722 Ken Wersching, 3925 Sunstream Parkway A MOTIONwas made by Council Lady Eure, seconded by Councilman Branch to ADOPT an Ordinance upon application of HOME DEPOT U.S.A. for a Change of Zoning ORDINANCE UPON APPLICATION OF HOME DEPOT, USA , INC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R -5D to CONDITIONAL B-2 Ordinance upon application of Home Depot USA., Inc for a Change of Zoning District Classification from R -5D Residential Duplex District to Conditional B-2 Community Business District on certain property located at the southeast intersection ofPrincess Anne Road and South Independence Boulevard The proposed zoning classification change of Conditional B-2 is for commercial land use The Comprehensive Plan recommends use of this parcel for suburban employment use in accordance with other Plan policies. Said parcel contains 23 07 acres DISTRICT 1 - CENTERVILLE. February 23, 1999 Item VI -J.7. PUBLIC HEARING PLANNING -48- ITEM # 44678 (Contiued) Voting 3-7 (MOTION LOST TOA NEGATIVE VOTE) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, and Vice Mayor William D Sessoms, Jr Council Members Voting Nay Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K Parker and A M "Don" Weeks Council Members Abstaining• William W Harrison, Jr. Council Members Absent • None Councilman Harrison ABSTAINED pursuant to Section 2.1-639 14(E), Code of Virginia, he is a partner in the law firm of Willcox & Savage earning an annual income in excess of 10,000, Willcox & Savage represents Fleder & Kaplan, the owners of Princess One Shopping Center, and approval of the application could result in a benefit to the shopping center However, Councilman Harrison does not personally provide representational services to Fleder & Kaplan, and Willcox & Savage does not represent Fleder & Kaplan with respect to this matter Councilman Harrison's letter of February 23, 1999, is hereby made a part of the record. February 23, 1999 WILLIAM W HARRISON, JR COUNCILMAN - LYNNHAVEN BOROUGH (804) 628-5565 City of Virgiriia Beach Mrs Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs Smith. Re• Abstention Pursuant to Sect Pursuant to the Virginia Conflict Virginia, I make the following declaration 2088 THOMAS BISHOP LANE VIRGINIA BEACH VIRGINIA 23454 February 23, 1999 ion 2 1-639 14(E), Code of Virginia of Interests Act, Section 2 1-639.14(E), Code of 1. The transaction for which I am executing this written disclosure is the Council's discussion and vote on the application of Home Depot U S A , Inc., for a change of zoning district classification from R -5D to Conditional B-2 on certain property located at the southeast intersection of Princess Anne Road and S Independence Boulevard 2. The nature of my personal interest is that I am a partner in the law firm of Willcox & Savage earning an annual income in excess of $10,000, Willcox & Savage represents Fleder & Kaplan, the owners of Princess One Shopping Center, and approval of the application could result in a benefit to the shopping center. However, I do not personally provide representational services to Fleder & Kaplan, and Willcox & Savage does not represent Fleder & Kaplan with respect to this matter 1 Mrs. Ruth Hodges Smith -2- February 23, 1999 Re: Abstention Pursuant to Section 2.1-639.14(E), Code of Virginia 3 Although the City Attorney has advised me that this interest does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, he has recommended that I disclose this interest and abstain from participating in this transaction in light of the fact that my law firm has an ongoing attorney-client relationship with Fleder & Kaplan, and Fleder & Kaplan's property could benefit from approval of Home Depot's application. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter Thank you for your assistance and cooperation in this matter. Sincerely, William W. Harrison, Jr Councilmember WWH,Jr./sat Enclosure 1 LESLIE L LILLEY CITY ATTORNEY City of Vir-gir iia Beach In Reply Refer To Our File No OP -582 February 23, 1999 Councilmember William W Harrison, Jr. Municipal Center Virginia Beach, Virginia 23456 Re: Request for Conflict of Interests Act Opinion Dear Councilmember Harrison: MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9004 (757) 427-4531 FAX (757) 426-5687 TDD (757) 427-4305 I am writing in response to your request for an opinion as to whether you may participate in City Council's discussion and vote on the application of Home Depot U.S.A., Inc., for a change of zoning distnct classification from R -5D to Conditional B-2 on certain property located at the southeast intersection of Princess Anne Road and S. Independence Boulevard. SUMMARY CONCLUSION From my review of the Conflict of Interests Act and the information provided by you, I am of the opinion that you do not have a personal interest in the above -referenced application Thus, you may vote on the application without restriction. For your information, I have outlined the disclosure requirements of § 2.1-639.14(G) should you desire to disclose your relationship and vote, I have also set forth the applicable provisions for abstention set forth in § 2 1-639 14(E) should you choose not to vote. And finally, for the reasons set forth herein, I have recommended that you abstain from participation in Council's discussion and vote on the application I base the aforesaid conclusion on the following facts which you have presented Please review and venfy the accuracy of the facts set forth herein as you may only rely upon this opinion if they are correct and complete 1 Councilmember William W. Harrison, Jr. -2- February 23, 1999 Re: Request for Conflict of Interests Act Opinion FACTS PRESENTED Your request for an advisory opinion is generated by Council's discussion and vote on the application of Home Depot U S.A., Inc., for a change of zoning distnct classification from R -5D to Conditional B-2 on certain property located at the southeast intersection of Pnncess Anne Road and S Independence Boulevard You have advised that you are a member of City Council and a partner in the law firm of Willcox & Savage, earning an annual income from each entity that exceeds $10,000. You have further advised that Willcox & Savage represents Messrs. Lawrence Fleder and Armand Kaplan and their families ("Fleder & Kaplan"), the owners of Princess One Shopping Center, that the shopping center is located directly adjacent to the subject property, and that approval of the application could result in a benefit to the shopping center Finally, you have advised that (i) you do not personally provide representational services to Fleder & Kaplan', (n) although Willcox & Savage represents Fleder & Kaplan on a variety of legal matters, it does not represent them with respect to this matter; and (in) neither you nor your law firm represents Home Depot U.S.A., Inc. ISSUE PRESENTED Are you precluded from participating in the Council's discussion and vote on the application of Home Depot U.S.A., Inc. for a change of zoning distnct classification from R -5D to Conditional B-2 on certain property located at the southeast intersection of Princess Anne Road and S. Independence Boulevard? DISCUSSION Application of Law The State and Local Government Conflict of Interests Act (the "Act") is set forth in § 2.1- 639 1 et seq of the Code of Virginia (1950), as amended. The primary focus of the Act is on the personal interests of an officer or employee in the transactions of, and contracts with, the governmental or advisory agency of which he or she is a member The Virginia Beach City Council is a "governmental agency" as defined in the Act. The critical inquiry, therefore, is whether your 'You have advised that you personally represented Fleder & Kaplan over five years ago on a bond matter, but that you have not represented them since then, and do not anticipate representing them in the future In that regard, I previously advised you, in an opinion dated September 9, 1994, that "you would not have a `personal interest in a transaction' involving a business or individual for which you personally provided representational services in the past, as long as you have not been retained by such business or individual with respect to any current or future matter, and it is not reasonably foreseeable that you will be retained by such business or individual in the future " See 86-87 Va AG 14 1 Councilmember William W. Harrison, Jr. -3- February 23, 1999 Re: Request for Conflict of Interests Act Opinion personal interest in Willcox & Savage causes you to have a personal interest in the transaction in question. You have a "personal interest in a transaction" before the Council whenever you represent a business or individual, and the business or individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detnment as a result of Council's action with respect to the transaction In this case, because Fleder & Kaplan owns property which is directly adjacent to the subject property, and because approval of Home Depot's application could result in improved access to Fleder & Kaplan's property, it is clear that Fleder & Kaplan may realize a reasonably foreseeable benefit or detriment as a result of Council's action on the application. However, the Attorney General has opined that "the definition of 'personal interest in a transaction,' when such an interest is based on representation, requires that the officer personally provide the representational services " COI Advisory Opinion No. 9-Al0 (1989). (Emphasis in onginal.) The opinion goes on to provide that "[t]his requirement [is] for personal representation, rather than representation by another member of a firm or business.. " Id (Emphasis in original) Based on the foregoing, you would only be prohibited from participating in a transaction which involves (or effects) a business or individual for which you personally provide representational services This prohibition would extend to any business or individual which you personally represent even if you do not represent the business or individual with respect to the specific transaction under consideration by City Council. This prohibition would not extend, however, to a business or individual represented by another member of Willcox & Savage.' Based on these opinions of the Attorney General, since you do not personally provide representational services to Fleder & Kaplan, it is my opinion that you do not have a personal interest in the transaction before Council within the meaning of the Conflict of Interests Act follows 2See also, COI Advisory Opinion No 6-A26 (1987), wherein the Attorney General opined as The changes in the language of the definition of "personal interest in a transaction" in the 1987 Act reflect an apparent legislative intent to limit the basis of a "personal interest in a transaction" to the personal rather than the vicarious, representation of a business or individual by the officer or employee in question It is my opinion, therefore, based on the definition of "personal interest in a transaction" in § 2.1-639 2 and the specific changes in the language when compared to the parallel definition in the 1983 Act, that, under the 1987 Act, you would not have a personal interest in transactions which may affect a client of your law firm.. as long as you do not personally represent that . [client] " 1 Councilmember William W. Harrison, Jr. -4- February 23, 1999 Re: Request for Conflict of Interests Act Opinion Disclosure Requirements Based on the fact that you do not have a personal interest in the above -referenced application, you are not restricted from participating in Council's discussion and vote on the application Nevertheless, if you are concerned that your participation may create some appearance of impropriety because of your position, there are two options available to you which may diffuse any perception problems that may arise: 1. You may either disclose the facts as presented herein and proceed to vote; or 2. You may abstain from voting and disclose any interest. Should you decide to declare your interest and vote, a proposed disclosure letter which complies with § 2.1-639.14(G) is enclosed for your convenience. You may either make this declaration orally, which is to be recorded in the written minutes of the City Council, or you may file a signed written declaration with the Clerk of the City Council, who shall retain and make this document available for public inspection for a period of five years from the date of recording or receipt * The Conflict of Interests Act deals with the types of influences upon a public officer's judgment which are clearly improper The law does not, however, protect against all appearance of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is unacceptable or which would affect the confidence of the public in the officer's ability to be impartial. I have opined that you may participate in Council's discussion and vote on the application with or without disclosure. However, because Fleder & Kaplan's property could benefit from approval of the application, and because your law firm has an ongoing attorney-client relationship with Fleder & Kaplan, your participation in the transaction, even after disclosure, could create an unacceptable appearance. Therefore, it is my recommendation that to avoid any possible appearance of impropnety, you should disclose your interest in the application and abstain from voting pursuant to § 2.1-639.14(E). A proposed disclosure letter which complies with that section is also enclosed. 1 Councilmember William W. Harrison, Jr. -5- February 23, 1999 Re: Request for Conflict of Interests Act Opinion Please contact me should you desire any additional information. Very truly yours, Leslie L Lille City Attorney LLL/RMB/sat Enclosure 1 - 49 - Item VI -J.8.. PLANNING ITEM # 44679 Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon Application of DAVISVILLE PROPERTIES, L.L.C. for Change of Zoning District ORDINANCE UPON APPLICATION OF DAVISVILLE PROPERTIES, L L C. FORA CHANGE OF ZONING DISTRICT CLASSIFICA TIONFROM R-10 AND B-2 TO CONDITIONAL B-2 Z02991128 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Davisville Properties, L.L C for a Change of Zoning District Classification from R-10 Residential District and B-2 Community Business District to Conditional B-2 Community Business District at the southwest intersection of First Colonial Road and Republic Road. The proposed zoning classification change to Conditional B-2 is for commercial land use The Comprehensive Plan recommends use of this parcel for suburban medium density residential at densities that are compatible with single-family use in accordance with other Plan policies Said parcel contains 11.681 acres more or less. DISTRICT 6 - BEACH The following conditions shall be required 1. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record Voting: 10-0 (By Consent) Council Members Voting Aye Linwood O Branch, III, Margaret L. Eure, Harold Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay: None Council Members Abstaining: William W. Harrison, Jr. Council Members Absent None Councilman Harrison ABSTAINED as his law firm provides legal services to one of the members of the entity February 23, 1999 I City of Virginia BeacF-i In Reply Refer To Our File No DF -4547 INTER -OFFICE CORRESPONDENCE DATE: February 11, 1999 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. Macali DEPT: City Attorney RE: Conditional Zoning Application - Davisville Properties, L.L.C. The above -referenced conditional zoning application is scheduled to be heard by the City Council on February 23, 1998. I have reviewed the subject proffer agreement, dated December 23, 1998, 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. WMM/ Enclosure 1 THIS AGREEMENT, made this 23 day of December, 1998 by and between DAVISVILLE PROPERTIES, L.L.C., a Virginia limited liability company ("Property Owner") (hereinafter collectively referred to as "Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "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 classification of the Grantor's property from R-10 (Residential) and B-2 to conditional B-2 (Commercial) on certain property which contains a total of 11 681 acres, more or less, located in the District #6 -Beach of the City of Virginia Beach, Virginia, more particularly described in the attached Exhibit A (hereinafter the "Property"), and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including retail and commercial purposes, through zoning and other land development legislation, and WHEREAS, Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effect of the change and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise, and WHEREAS, Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 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 Grantor and allowed and accepted by EGDO Revision 12 23 98 1 Prepared by Ellis Gibson Development Group 207 Business Park Dnve, Suite 101 Virginia Beach, Virginia 23462 1 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 Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of Grantee, after a public hearing before 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, Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from 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 makes 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 shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely 1 The Property, when developed, shall be developed substantially in accordance with the Site Plan dated December 23, 1998, by TAF Group, a copy of which is on file at the Department of Planning and was exhibited to the City Council. 2 When the Property is developed, the Grantor shall install landscaping substantially as shown on the Landscape Plan, dated December 23, 1998 Irrigation shall be installed within the landscape buffers along First Colonial Road, Republic Road and the main entrance at First Colonial Road 3 When the Property is developed, the architectural design and exterior building EGDG Revision 12 23 98 2 . Prepared by Ellis Gibson Development Group 207 Business Park Drive, Suite 101 Virginia Beach, Virginia 23462 matenals excluding windows and accent features, of the structures housing the pnncipal uses on the Property shall be substantially compatible with the architectural design features and exterior building matenals reflected on the Rendering dated December 23, 1998, by the TAF Group, a copy of which is on file at the Department of Planning and was exhibited to the City Council This design shall be accomplished by incorporating the following features into the designated buildings on the Property. (a) All exterior walls of buildings C, D, E, F and G fronting First Colonial Road and or Republic Road shall be constructed primarily of two materials (i) brick of a type and color substantially similar to that as shown on the attached rendering, and (ii), EIFS (or materials with; similar exterior appearance) of a type and texture similar to the existing 1800 Republic Road, Virginia Beach, Virginia, Hannaford Grocery Store The front of the buildings shall consist of split face block at the base, approximately six (6) feet of brick material with EIFS (or materials with similar exterior appearance) above the brick and sign band Split face block, in colors complementary to the color of the brick referenced above may be used on all the aforementioned buildings (b) All exterior walls of buildings A, B, H and I shall be constructed primarily of brick, EIFS (or materials with similar exterior appearance) shall be used on the upper portions of the exterior walls 4 Building permit approval for each principal building located on the Property shall occur only after the Planning Director or his or her designee confirms that the conditions contained in Proffer 3 have been incorporated into the building design on that particular building A note specifying the above shall be included in Grantor's site plan 5 When the Property is developed, any exterior mechanical equipment located in areas other than the roof shall be screened by landscaping or solid fencing All rooftop mechanical units visible at grade level shall be screened by parapet walls or a rooftop surround feature. 6 When the Property is developed, any exterior dumpster shall be screened on at least three sides 7 When the Property is developed, any free standing signage shall be monument style with a height not to exceed ten (10) feet for the main shopping center sign and eight (8) feet in height for any other monument sign The sign shall be architecturally compatible with the principal buildings developed on the Property and shall be constructed of high quality, durable materials 8 The following uses shall be excluded from the Property a) automobile service stations, EGDG Revision 12 23 98 3 • Prepared by Ellis Gibson Development Group 207 Business Parts Drive, Suite 101 Virginia Beach, Virginia 23462 b) automobile repair facilities, c) automobile or boat sales, d) storage garages, e) motor vehicle sales, f) truck rental, g) after hour clubs, h) outdoor amusement facilities, i) wholesale and distribution operations, j) bingo halls, and k) flea markets Uses with drive-through services shall be designed so that no drive-through stations shall be located on the portion of the building fronting First Colonial Road 9 When the Property is developed, Grantor shall install and maintain a pedestrian circulation pattern substantially as shown on the Site Plan and shall utilize brick pavers or similar architectural simulated -paver materials where the pedestrian walkways intersect with interior drive aisles, substantially as shown on the Site Plan 10 When the Property is developed, exterior lighting installed within the parking areas on the Property shall be directed downward and inward toward the Property Decorative light poles will be installed within the First Colonial Road entrance and along the main drive aisle from Republic Road 11 Proffers 1 through 10 shall not apply to the structure identified as `Bell -Atlantic Switching Station Building" shown on the Site Plan 12 Further conditions may be required by the Grantee during detailed Site Plan and or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements All references hereinabove to 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 Grantee. The above conditions, having been proffered by the Grantor and allowed and accepted by the GRANTEE, as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance' even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court EGDG Revision 12 23 96 4 Prepared by ! ' Ellis Gibson Development Group! 207 Business Park Drive, Suite 101 j' Virginia Beach, Virginia 234621 i, of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before the GRANTEE which was advertised pursuant to the provisions of Section 15 2-2204 of the Code of Virginia, 1950, as amended Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void The GRANTOR covenant and agree that - (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suite, or proceeding, (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate, (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court, and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the GRANTOR AND GRANTEE EGDG Revision 12 23 96 5 Prepared by Ellis Gibson Development Group 207 Business Park Drive, Surto 101 Virginia Beach, Virginia 23462 1 WITNESS THE FOLLOWING SIGNATURES AND SEALS. DAVISVILLE PROPERTIES, L L C , a Virginia limited liability company By k/ .7 Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: he foregoing instrument was acknowledged before me this ;3 day of D c ¶ ' , 1998, by 111 1v S II'' Dm' iti- , as Manager of Davisville Properties, LLC , a Virginia limited liability company My Commission Expires. d q-7, ir„v 3' , 2 002— EGDG Revision 12 23 98 ' -;"-fit , ,zi-x-1/4----- 6 Noy Public Prepared by Ellis Gibson Development Group 207 Business Park Dnve, Suite 101 Virginia Beach. Virginia 23462 1 EXHIBIT "A" Legal Description of Premises I. That certain piece or parcel of land situate, lying and being in the City of Virginia Beach (formerly Princess Anne County), State of Virginia, and more specifically described as follows. Site "E" consisting of 5.3 acres, more or less on the plat of the property of Harry H Bonney located near Oceana, in the City of Virginia Beach (formerly Princess Anne County), Virginia, dated December 21, 1951, made by W. B Gallup, Surveyor, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia ("Clerk's Office"), in Map Book 29, page 74, together with all that property designated "Baggett Lane" on the plat of property formerly of A W. Baggett located near Oceana in the City of Virginia Beach (formerly Princess Anne County) Virginia, which plat is dated June 30, 1952, made by W. B. Gallup and recorded in the Clerk's Office in Map Book 32, page 21, which said plat is a later plat of the aforementioned site "E " LESS AND EXCEPT those portions of property conveyed to the City of Virginia Beach as recorded in the Clerk's Office in Deed Book 1461, page 612, Map Book 106, page 43, Deed Book 1883, page 484, and Deed Book 3543, page 567 LESS AND EXCEPT that portion of property conveyed to the Commonwealth of Virginia as recorded in the Clerk's Office in Deed Book 588, page 56 II. Those certain lots, pieces or parcels of land, together with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Site Two (2), Site Four (4), and Site Six (6) on the plat entitled, "Property of A W Baggett located near Oceana in the City of Virginia Beach (formerly Princess Anne County), Virginia, Scale 1"=100', dated June 30, 1952, W B Gallup, Surveyor" which plat is duly recorded in the Clerk's Office in Map book 32, page 21, reference to said plat being hereby made for a more particular description of the property. LESS AND EXCEPT that portion of property conveyed to the City of Virginia Beach as recorded in the Clerk's Office in Deed Book 3543, page 567. That certain tract, piece or parcel of land located on the Great Neck Road, near Oceana, in 1 2 Lynnhaven Magisterial District of Virginia Beach (formerly Princess Anne County), Virginia, and more particularly bounded and described as follows Beginning at a pipe on the west side of the Great Neck Road at the dividing line of the property hereby conveyed and other property of the said Roy L Bonney, and running thence south 82 degrees 25 minutes west 900.1 feet to a pipe in a ditch, thence north 18 degrees 31 minutes west along said ditch 205.7 feet to a pipe; thence north 82 degrees 25 minutes east 951.8 feet to a pipe on the said Great Neck Road south 4 degrees 7 minutes east 204.4 feet to a pipe, the point of beginning, and containing 4 42 acres more or less and designated as `B" according to a plat of said property dated November 23, 1937, and made by W B. Gallup, Surveyor, and duly recorded in the Clerk's Office in Map Book 11, page 19 IV. That certain tract, piece of or parcel of land in Lynnhaven Magisterial District of the City of Virginia Beach (formerly Princess Anne County), Virginia, bounded and described as follows Beginning at a point on the western side of Great Neck Road 208 7 feet north of its intersection with the State Highway, commonly known as Laskin Boulevard and running thence south 82 degrees 47 minutes west 881 4 feet to a pin, thence north 2 degrees 21 minutes west 14 feet to a pin, thence north 17 degrees 57 minutes west 93.4 feet to a pipe, thence north 82 degrees 25 minutes east 900 1 feet to a pin on the western side of the Great Neck Road, thence south 40 degrees 7 minutes east 103 7 feet along the western line of Great Neck Road to a pin, the point of the beginning, containing 2 12 acres, more or less, according to a plat of property made by W B Gallup, Surveyor, June 3, 1946. LESS AND EXCEPT that portion of the property conveyed to the City of Virginia Beach, Virginia recorded in the Clerk's Office in Deed Book 1461, page 612 and in Map Book 106, page 43 LESS AND EXCEPT that portion of the property conveyed to the Commonwealth of Virginia by deed recorded in the Clerk's Office in Deed Book 588, page 56 V. That certain lot, piece or parcel of land situate, lying and being in Lynnhaven Borough of the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 14 on the plat entitled, "Property of J R. Flanagan located near Oceana in the City of Virginia Beach (formerly Princess Anne County), Virginia", made by W. B. Gallup, Surveyor, dated May 18, 1948, and duly recorded in the Clerk's Office in Map Book 22, page 77. LESS AND EXCEPT that portion of the property conveyed to the Commonwealth of Virginia as recorded in the Clerk's Office in Deed Book 298, page 571 - 50 - Item VI -K.. APPOINTMENTS ITEM # 44680 BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS PARKS AND RECREATION COMMISSION February 23, 1999 1 -51 - Item VI -K.2. APPOINTMENTS ITEM # 44681 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Sandra .1. Baines unexpired term thru 12/31/2000 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) Voting • 11-0 Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay • None Council Members Absent None February 23, 1999 i - 52 - Item VI -K.3. APPOINTMENTS ITEM # 44682 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED Jeff Bates, Sr. Martha O. Coles Donald R. Denault Brian Matney Danielle O. Miranda Gail Nilsen Kenneth F. Palmer Nancy K. Parker Barbara R. Wills 3 -Year Terms 3/1/99 - 2/28/2002 VIRGINIA BEACH CRIME TASK FORCE Voting 11-0 Council Members Voting Aye. Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay None Council Members Absent None February 23, 1999 1 Item VI -L.1. NEW BUSINESS ADD-ON - 53 - ITEM # 44683 Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to TRANSFER funds in the amount of $30,000 from the General Fund Reserve for Contingencies to the FY 1998-99 Operating Budget of the Department of Museums re providing funding to the Contemporary Arts Center for the Chihuly Art of Glass Exhibit; and, request that the Virginia Beach Arts and Humanities Commission consider providing an additional $20, 000 for the event Voting. 7-4 Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Harold Heischober, Louis R. Jones„ Mayor Meyera E. Oberndorf and Vice Mayor William D Sessoms, Jr Council Members Voting Nay: Barbara M Henley, Reba S. McClanan , Nancy K Parker and A M "Don" Weeks Council Members Absent None February 23, 1999 1 Requested by Mayor Meyera E.Oberndorf, 2 Vice -Mayor William D. Sessoms, Jr, and 3 Councilmember William W. Harrison, Jr. 4 AN ORDINANCE TO TRANSFER FUNDS IN THE 5 AMOUNT OF $30,000 FROM THE GENERAL FUND 6 RESERVE FOR CONTINGENCIES TO THE FY 7 1998-99 OPERATING BUDGET OF THE 8 DEPARTMENT OF MUSEUMS FOR THE PURPOSE OF 9 PROVIDING FUNDING TO THE CONTEMPORARY 10 ARTS CENTER FOR THE CHIHULY ART OF GLASS 11 EXHIBIT AND TO REQUEST THAT THE VIRGINIA 12 BEACH ARTS AND HUMANITIES COMMISSION 13 CONSIDER PROVIDING AN ADDITIONAL $20,000 14 FOR THE EXHIBIT 15 WHEREAS, as a part of the Virginia Waterfront Festival, 16 the Contemporary Arts Center has developed an exhibit of Dale 17 Chihuly's art glass; 18 WHEREAS, the Contemporary Art Center's effort to produce 19 this Chihuly exhibit represents one of the most significant 20 attempts within the City to show the works of an important visual 21 artist; 22 WHEREAS, the cost of producing this exhibit is $50,000, 23 and the Contemporary Arts Center is requesting $30,000 from the 24 City, with the remaining funding to be requested from the Virginia 25 Beach Arts and Humanities Commission; and 26 WHEREAS, there is $30,000 available from the General Fund 27 Reserve for Contingencies for this purpose. 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 1. That funds in the amount of $30,000 are hereby 31 transferred from the General Fund Reserve for Contingencies to the 32 FY 1998-99 Operating Budget of the Department of Museums and 33 Cultural Arts for the purpose of providing funding to the 34 Contemporary Arts Center for the Chihuly Art Glass Exhibit; and 35 2. That the Virginia Beach Arts and Humanities 36 Commission is hereby requested to support this exhibit by providing 37 an additional $20,000 to the Contemporary Arts Center. 38 Adopted by the Council of the City of Virginia Beach, 39 Virginia, on the 23rd day of February, 1999. 40 CA -7271 41 ORDIN/NONCODE/HARRISON.ORD 42 FEBRUARY 19, 1999 43 R2 Approved as to Content: Management Services 2 Approved as to Legal Sufficiency: City Attorney's Office 1 Item VI -L.2. NEW BUSINESS ADD-ON -54- ITEM # 44684 Upon motion by Councilman Harrison, seconded by Councilman Herschober, City Council SCHEDULED RECONSIDERATION on March 23, 1999, of PRINCESS HOUSE, L.L.C., denied 1/26/99, for a Conditional Use Permit for housing for the aged on the East side of Princess Anne Road, 180 feet North of Baxter Road, containing 5 014 acres (KEMPSVILLE - DISTRICT 2) Voting 9-2 Council Members Voting Aye Linwood 0 Branch, III, William W. Harrison, Jr , Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Nancy K Parker, Vice Mayor William D Sessoms, Jr and A. M "Don" Weeks Council Members Voting Nay: Mayor Meyera E. Oberndorf and Margaret L. Eure Council Members Absent None February 23, 1999 1 Item VI -L.3. NEW BUSINESS ADD-ON - 55 - ITEM # 44685 On the March 23, 1999 City Council Session, Council Lady Parker will SPONSOR the residents adjacent to the GTE Amphitheater to speak relative the noise February 23, 1999 - 56 - Item V -N ADJOURNMENT ITEM # 44686 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 10:05 P.M. Beverly 0 Hooks, CMC/AAE Chief Deputy City Clerk -7107e-i4-5zL--- uth Hodges Smith, CMC/AAE City Clerk City of Virginia Beach Virginia Meyera E Oberndorf Mayor February 23, 1999