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FEBRUARY 8, 2000 MINUTESCity of Virginia Beach "COMMUNITY FOR A LIFEi'IME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Lart~e I TCE MAYOR WTLLIAM D. SESSOMS, JR.. At-Lm:~Ic JOHN A. BAUM, LI.XqUOOD 0. BKd.XWtl, Ill, Dtst.ct 6-Beach ,IL.tR(i.'IRET L. EU~, Dtstrtct l-Contort'tile IYTLLL4M Ir: tL'I~LS'ON, JR., Distrwt YLvnnharcn B..t~A~4 M flENLEI[ District; -Pllnccss ..lnnc LOUIS R. JONES, Otstt~ct 4-B~vstde REB.4 S. McCLqNAN, Dtsmct 3-Rose lfall NANCY K. PA~ER, At-~rgc A.3I. (DONI WEEKS. District 2-Kcmp~'illc .Z4.%IES K. SPt)RE, C~ry Managc~ LESLIE L. LILLEY. City Attor,4v R [ ~TH IfOD(iES-SMITH. City CITY COUNCIL AGENDA C['I'V ILgLL ItUII.I}ING ! 2401 C¢)['F, TIIt~USE DRIVE 'IRGINTA IltiACIL VIRGINIA 23456-~8~5 J'I I( )NE: (Z;71 327-4304 I!MAU.: Ctvcncl,~'city ri~jinia-bctwh.va.n~ February 8, 2000 I. REVIEW OF AGENDA ITEMS - Conference Room - 11:30AM II. CITY COUNCIL COMMENTS III. INFORMAL SESSION 12:00PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION IV. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Mark Scharf Assistant Pastor, Virginia Beach Community Chapel C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION Fo MINUTES INFORMAL & FORMAL SESSIONS February 1, 2000 Go AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during theAgenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. PUBLIC HEARING: 1. TOWN CENTER DEVELOPMENT ORDINANCES Ordinance to APPROPRIATE $1,290,642 from the Sheriff's Revenue Fund to their FY 1999-2000 Operating Budget re equipment purchases, building improvements and contributions to the Sheriff's Supplemental Retirement fund. Ordinance to AUTHORIZE the addition of twenty full-time positions and the TRANSFER of $523,235 within the FY 1999-2000 Operating Budget for the Department of General Services re landscape maintenance for roadways. Ordinance to TRANSFER $70,000 within the FY 1999-2000 Operating Budget of the Department of Housing and Neighborhood Preservation to fund Spirit House, Inc., re acquisition and rehabilitation of a group home for people with serious mental illness. 4. LICENSE REFUNDS: $31,900.03 Jo PLANNING Applications of ARMADA/HOFFLER HOLDING COMPANY: (ROSE HALL- DISTRICT 3): Discontinuance, closure and abandonment of a portion of Cleveland Street beginning at the Eastern boundary of Garrrett Drive, running 550.10 feet in an Easterly direction, 49.99 feet in width and containing 17,496 square feet. Change of Zoning District Classification from B-3 Central Business District to Conditional B-3A Pembroke Central BusinessCore District, containing 18.11 acres more or less, on the following parcels: Parcel 1' Southeast intersection of Virginia Beach Boulevard and Garret Drive. Parcel 2: Southeast intersection of Potomac Street and Independence Boulevard Parcel 3: Southeast intersection of Cleveland Street and Independence Boulevard. Parcel 4: Southeast intersection of Columbus Street and Independence Boulevard. Recommendation: APPROVAL Co Ordinance recommending the Virginia Beach Development Authority execute project documents; and, further authorizing the City Manager and City Attorney, on behalf of the Authority, to proceed with the development of any additional documents necessary to implement the project, known as: THE TOWN CENTER OF VIRGINIA BEACH. Application of JAMES DEMPSEY, CYNTHIA BISHOP HAYES AND MARY G. BATTAGLIA for the discontinuance, closure and abandonment of the Western terminus of Poinciana Drive and adjoining lane as shown on plat entitled, "Proposed Street and Lane Closure, Plat Western Terminus of Poinciana Drive and Adjoining Lane, Cape Henry By The Sea, Plat No. 2 M. B. 32 P.8, containing 11,179 square feet. (LYNNHAVEN - DISTRICT 5). Recomendation: APPROVAl, Applications of DRAGAS ASSOCIATES VI, L.C., on property located on the West side of Salem Road beginning at a point 900 feet more or less South of Lynnhaven Parkway, containing 15,077 acres (CENTERVILLE - DISTRICT 1): Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations re townhouse condominium duplex project bo Change of Zoning District Classification from R-10 Residential District to R-5D Residential Duplex District with a PD-H2 Planned Unit Development District Overlay, containing 15.077 acres Deferred: January 11, 2000 Staff Recommendation: Planning Commission Recommendation: DENIAL APPROVAL Application of STEVEN B. SANDLER, ARTHUR B. SANDLER AND THE ESTATE OF REBA SANDLER, (DECEASED) for a Variance to Section 4.4 (b) which requires all newly created lots meet all requirements of the City Zoning Ordinance (CZO) on the North side of Indian River Road, 260 feet more or less West of Kemps River Drive, re subdivision of office site into two separate parcels. (CENTERVILLE - DISTRICT 1). Recomendation: APPROVAL Application of GALE LEVINE for a Conditional Use Permit for boat storage on the East side of North Great Neck Road, South of Lynnhaven Drive (2100 Marina Shores Drive), containing 12.4146 acres. (LYNNHAVEN - DISTRICT 5). Recomendation: APPROVAL Application of KENNETH A. HALL for a Conditional Use Permit for motor vehicle sales and repair (expansion) at the Northeast corner of Virginia Beach Boulevard and Malibu Drive (3516 Virginia Beach Boulevard), containing 7.371 acres. (LYNNHAVEN - DISTRICT 5). Recomendation: APPROVAL Applications re Change of Zoning District Classifications (BEACH - DISTRICT 6) ao COLLETT PROPERTIES, INC. AND COLLETT CHESAPEAKE PARTNERS, L.L.C. from B-2 Community Business District to Conditional B-2 Community Business District at the Southeast intersection of Virginia Beach Boulevard and Parker Lane, containing 3.481 acres. COLLETT PROPERTIES, INC. from 1-1 Light Industrial District to Conditional B-2 Community Business District on the East side of Parker Lane, beginning 150 feet more or less South of Virginia Beach Boulevard, containing 8.433 acres. Staff Recommendation: Planning Commission Recommendation: DENIAL APPROVAL K0 Lo APPOINTMENTS COMMUNITY SERVICES BOARD (CSB) FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION PLANNING COMMISSION THE PLANNING COUNCIL VIRGINIA BEACH CRIME TASK FORCE WETLANDS BOARD UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 02/03/00SLB AGENDA\02-08-00 www.virginia-beach.va.us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 8, 2000 Mayor Meyera E. Oberndorf called to order the REVIEW OF AGENDA ITEMS in the Council Conference Room, City Hall Building, on Tuesday, February 8, 2000, at l l.'30 A.M. Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, ,Ir., Barbara 34. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Absent: Vice Mayor William D. Sessoms, Jr. Margaret L. Eure [ENTERED: 12:10 P.M. ] [ENTERED: 11:55 A.M.] -2- AGENDA RE VIE Ye' SESSION 11:30 A.M. ITEM # 46214 Ordinance to AUTHORIZE the addition of twenty full-time positions and the TRANSFER of $523,235 within the FY 1999- 2000 Operating Budget for the Department of General Services re landscape maintenance for roadways. Council Lady Henley was pleased with the extensive analysis concerning city provided services for landscape maintenance of primary (divided) roadways and the savings incurred. She regretted it did not include the Southern part of the City, but realized this was a different contract which must be examined. Council Lady Henley suggested coupling this maintenance with another service as street sweeping. She has had many requests from citizens for the city to perform this function. Mayor Oberndorf referenced many comments from civic leagues in Pembroke Meadows, Kempsville and Bayside, who have moved from other sections of the country and are used to having the street sweepers come through and tidying their streets. ITEM # 46215 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES Ordinance to APPROPRIATE $1,290, 642 from the Sheriffs Revenue Fund to their FY 1999-2000 Operating Budget re equipment purchases, building improvements and contributions to the Sheriff's Supplemental Retirement fund. Ordinance to AUTHORIZE the addition of twenty full-time positions and the TRANSFER of $523,235 within the FY 1999- 2000 Operating Budget for the Department of General Services re landscape maintenance for roadways. Ordinance to TRANSFER $70,000 within the FY 1999-2000 Operating Budget of the Department of Housing and Neighborhood Preservation to fund Spirit House, Inc., re acquisition and rehabilitation of a group home for people with serious mental illness. 14. LICENSE REFUNDS: $31,900.03 February 8, 2000 -3- AGENDA RE VIEW SESSION ITEM # 46216 Jla. Applications of ARMADA/HOFFLER HOLDING COMPANY: (ROSE HALL - DISTRICT 3): Discontinuance, closure and abandonment of a portion of Cleveland Street beginning at the Eastern boundary of Garrrett Drive, running 550.10 feet in an Easterly direction, 49. 99feet in width and containing 17,496 square feet. Change of Zoning District Classification from .B-3 Central Business District to Conditional B-3A Pembroke Central BusinessCore District, containing 18.11 acres more or less, on the following parcels : Parcel 1 :Southeast intersection of Virginia Beach Boulevard and Garret Drive. Parcel 2:Southeast intersection of Potomac Street and Independence Boulevard Parcel 3:Southeast intersection of Cleveland Street and Independence Boulevard. Parcel 4: Southeast intersection of Columbus Street and Independence Boulevard. Ordinance recommending the Virginia Beach Development Authority execute project documents; and, further authorizing the City Manager and City Attorney, on behalf of the Authority, to proceed with the development of any additional documents necessary to implement the project, known as: THE TOWN CENTER OF VIRGINIA BEACH. The City Attorney distributed a revised Street Closure Ordinance. The City Manager assumed the applicant would speak relative the zoning issue, as is the ususal protocol, followed by the registered public speakers. The City Manager anticipated an amount of time, at City Council's discretion to review the Development Agreement in detail. This will be moved to the last item on the Agenda. Council Lady McClanan advised she received her contract documents last evening, Monday, February 8, 2000. She wished this portion deferred a week, as she wishes this document be reviewed by her counsel. Councilman Jones inquired relative the review of the development agreement. The City Attorney advised Attorneys Peter Kane and Matthew Nyman, representing Hunton and Williams, would review the entire Development Agreement "paragraph by paragraph" during the Formal Session. Patricia Phillips, Director of Finance, will assist regarding the financial issues. Extra copies would be distributed to citizens in attendance. Council Lady Parker appreciated the fact this document would be reviewed ''point by point" due to the lateness of receipt by City Council. ITEM # 46217 Application of JAMES DEMPSEY, CYNTHIA BISHOP HAYES AND MARY BATTAGLIA for the discontinuance, closure and abandonment of the Western terminus of_Poinciana Drive and adjoining lane as shown on plat entitled, "Proposed Street and Lane Closure, Plat Western Terminus of Poinciana Drive and Adjoining Lane, Cape Henry By The Sea, Plat No. 2 M. B. 32 P. 8, containing 11,179 square feet. (L YNNHA VEN - DISTRICT 5 ). February& 2000 AGENDA RE VIEW SESSION ITEM # 46217 (Continued) Councilman Harrison advised there was a speaker in OPPOSITION at the Planning Commission. Council Lady McClanan advised the proffers do not reflect those concerns Jim Lawson, Real Estate, advised the applicants, are going to prevent parking by individuals who create situations which are unsafe. The applicants are not able to control same at the present time. They will alleviate this by fencing and making this portion a part of their adjacent property. Mr. Lawson is unaware of any plans concerning disturbing the trees. Robert Scott, Director of Planning, advised the Planning Department has not had the benefit of the aforementioned letters. There was one speaker who was opposed because she did not believe it shouM be continued as an access way. Mr. Scott advised Councilman Branch is concerned the conveyed property could not be built upon. The City Council can attach additional and applicable conditions to this application. ITEM # 46218 Applications of DRA GAS ASSOCIATES VI, L.C., on property located on the West side of Salem Road beginning at a point 900 feet more or less South of Lynnhaven Parkway, containing 15,077 acres (CENTERVILLE- DISTRICT 1): a. Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations re townhouse condominium duplex project Change of Zoning District Classification from R-lO Residential District to R-5D Residential Duplex District with a PD-H2 Planned Unit Development District OverlaY, containing 15.077 acres Councilman Baum advised the Planning Commission and staffhave different recommendations, and that the Planning Commission voted only on land use changes. The Planning Commission does not have the authority to consider the floodplain. This item will be discussed during the FORMAL SESSION. ITEM # 46219 Application of STEVEN B. SANDLER, ARTHUR B. SANDLER AND THE ESTATE OF REBA SANDLER, (DECEASED)for a Variance to Section 4.4 (b) which requires all newly created lots meet all requirements of the City Zoning Ordinance (CZO) on the North side of Indian River Road, 260 feet more or less West of Kemps River Drive, re subdivision of office site into two separate parcels . (CENTERVILLE - DISTRICT 1). Council Lady Parker inquired if they were going to have their own separate roadway entrance or a joint entrance and will there be two curb cuts, where only one exists at the present time? Robert Scott, Director of Planning, advised there will be combined access points, because it is a controlled access highway. Council Lady Eure advised the adjacent residents were not in OPPOSITION. ITEM # 46220 J. 5. Application of GALE LEVINE for a Conditional Use Permit. for boat storage on the East side of North Great Neck Road, South of Lynnhaven Drive (2100 Marina Shores Drive), containing 12.4146 acres. (L YNNHA VEN- DISTRICT 5). Councilman Harrison referenced correspondence addressed to Council Lady Eure and he was not aware of any OPPOSITION. February 8, 2000 -5- AGENDA RE VIEW SESSION ITEM # 46221 J. 7. Applications re Change of Zoning District Classifications BEACH- DISTRICT 6) COLLETT PROPERTIES, INC. AND COLLETT CHESAPEAKE PARTNERS, L.L.C. from B-2 Community Business District to Conditional B-2 Community Business District at the Southeast intersection of Virginia Beach Boulevard and Parker Lane, containing 3.481 acres. COLLETT PROPERTIES, INC. from l-1 Light Industrial District to Conditional B-2 Community Business District on the East side of Parker Lane, beginning 150feet more or less South of Virginia Beach Boulevard, containing 8.433 acres. Mayor Oberndorf referenced correspondence of Attorney R. J. Nutter - Mays & Valentine, L.L.P., representing the applicant, has requested DEFERRAL until the City Council Session of February 22, 2000. The reason for the request is to resolve related site plan issues. Given the terms of their numerous real estate contracts, his clients must address this issue prior to rezoning. Stephen White, Planning Department, advised Council Lady Parker, relative the Wetlands and Chesapeake Bay issues. The situation will be improved from its present status. Presently, there is runoff which is going out into the water from this site. ITEM # 46222 BY CONSENSUS, the following items shall compose the PLANNING B Y CONSENT AGENDA. Application of STEVEN B. SANDLER, ARTHUR B. SANDLER AND THE ESTATE_OF REBA SANDLER, (DECEASED)for a Variance to Section 4.4 (b) which requires all newly created lots meet all requirements of the City Zoning Ordinance (CZO) on the North side of Indian River Road, 260 feet more or less West of Kemps River Drive, re subdivision of office site into two separate parcels . (CENTER VILLE - DISTRICT 1). Application of KENNETH A. HALL for a Conditional Use Permit for motor vehicle sales and repair (expansion) at the Northeast corner of Virginia Beach Boulevard and Malibu Drive (3516 Virginia Beach Boulevard), containing 7.371 acres. (L YNNHA VEN - DISTRICT 5). J. 7. Applications re Change of Zoning District Classifications BEACH- DISTRICT 6) COLLETT PROPERTIES, INC. AND COLLETT CHESAPEAKE PARTNERS, L.L.C. from B-2 Communit_¥ Business District to Conditional B-2 Community Business District at the Southeast intersection of Virginia Beach Boulevard and Parker Lane, containing 3.481 acres. COLLETT PROPERTIES, INC. from l-1 Light Industrial District to Conditional B-2 Community Business District on the East side of Parker Lane, beginning 150feet more or less South of Virginia Beach Boulevard, containing 8.433 acres. Item J. 7. will be DEFERRED, BY CONSENT, until the City Council Session of February 22, 2000. February 8, 2000 -6- CITY COUNCIL COMMENTS 12:00 NOON ITEM # 46223 Council Lady Henley shared information relative the City's Open Space review. Council Lady Henley expressed appreciation to the City Staff who is working diligently to expedite a report for the City Council Session of March 28, 2000. Public involvement is a vital component of these open space endeavors. The Focus groups, facilitated by Continental Research Associates, are currently conducting a survey to determine the public's views concerning open space. In addition, a telephone survey is being conducted to gauge citizen interest. This is also under the auspices of Continental Research. Another #nportant component are Public Meetings. There will be a series of eight (8) meetings conducted, one for each voting district and one general meeting. There will be advertisements in The BEACON this week to discuss the telephone survey, and next week to announce the first Public Meeting: Wednesday, February 23, 2000, 7:00 P.M. to 9:00 P.M. (Bayside District). The March 15, 2000, Meeting will involve the Lynnhaven District. There will be three meetings in April, two in May and one in dune. Council Lady Henley urged attendance as this is a vital issue. Available undeveloped land will be identified in each of the voting districts. Although the meetings might focus on a particular voting district in which the meeting is held, all members of the public are urged to attend and participate. ITEM # 46224 Council Lady Henley referenced a news report which might give the wrong impression. Two weeks ago residents and property owners from Sandbridge approached the City and requested that when the City reviews the fire station at Sandbridge, they might also review all the properties at the entrance to Sandbridge. By positioning that fire station, advanced planning in that area might be accomplished. Council Lady Henley referenced meeting with the property owners and inquired if they wished to voluntarily provide any suggestions. Council Lady Henley did not want the impression created that these actions would unduly delay the fire station. There would only be approximately a two-month delay, if any. The building of the Sandbridge Fire Station is a top priority for the City and the Sandbridge community and one which they have emphasized as crucial. Being able to acquire the property in a more cooperative fashion may, in fact, result in a smoother project. Council Lady Henley requested the City Staff provide a brief one paragraph update concerning this item. In the current budget, the City Council included funding for the design of the fire station on the General Booth Corridor. Council Lady Henley would be interested in the progress of that design work. Design funding was also included for the Princess Anne Area Library. February 8, 2000 -7- ITEM# 46225 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 8, 2000, at 12:05 P.M. Council Members Present: dohn A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and A. M. "Don" Weeks Council Members Absent: Vice Mayor William D. Sessoms, Jr. February& 2000 -8- ITEM # 46226 Mayor Meyera E. Oberndorf, entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion , consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). Boards and Commissions: Community Services Board Francis Land House Board of Governors Health Services Advisory Board Human Rights Commission The Planning Council Virginia Beach Crime Task Force Wetlands Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real propertyfor public purpose, or of the disposition of publicly-held real property, for discussion in an open meeting which would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.1-344(A)(3). Central Business District Right-of- Way Acquisition - Lynnhaven Parkway LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, where such consultation or briefing in open meetings would adversely affect the negotiating or litigatingposition of the public body and consultation with legal counsel employed or retained by a public body regarding specific matters requiring the provision of legal advice by such counsel pursuant to Section 2.1-344(A)(7). Central Business District Upon motion by Councilman Branch, seconded by Council Lady Parker, City Council voted to proceed into CLOSED SESSION. Voting: 1 O- 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., 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 Absent: Vice Mayor William D. Sessoms, Jr. February& 2000 -9- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 8, 2000 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 8, 2000, at 2.'00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., 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 Mark Scharf Assistant Pastor, Virginia Beach Community Chapel 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. 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 danuary 4, 2000, is hereby made a part of the record. February8,2000 Item IV-E. - 10- CERTIFICATION OF CLOSED SESSION ITEM # 4622 7 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11- 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William Harrison, Jr., 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& 2000 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 46226, Page 8, and in accordance with the provisions of The Virginia Freedom of lnformation Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. R~h Hodges S~/nith, CMC/AAE City Clerk February 8, 2000 -11- Item IV-F. MINUTES ITEM # 46228 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of February 1, 2000. Voting: ! 1-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., 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 8, 2000 Item IV-G. - 12- ADOPT AGENDA FOR FORMAL SESSION ITEM # 46229 B Y CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION February 8, 2000 Item IV-H. 1. - 13- PUBLIC HEARING ITEM # 46230 TOWN CENTER DEVELOPMENT This PUBLIC HEARING was MOVED to include J.l.a. Applications of Armada/Hoffler Holding Company: (ROSE HALL - DISTRICT 3) under PLANNING. February 8, 2000 - 14- Item IV-I ORDINANCES ITEM # 46231 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION, 1, 2, 3 and 4 of the CONSENT,4GEND,4. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., 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 8, 2000 - 15- Item IV-I. 1. ORDINANCES ITEM # 46232 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to APPROPRIATE $1,290,642from the Sheriff's Revenue Fund to their FY 1999-2000 Operating Budget re equipmentpurchases, building improvements and contributions to the Sheriff's Supplemental Retirement fund Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William ~ Harrison, Jr., 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& 2000 1 2 3 4 5 6 7 10 11 12 13 14 15 16 AN ORDINANCE TO APPROPRIATE $1,290,642 OF EXCESS REVENUES IN THE SHERIFF'S SPECIAL REVENUE FUND TO THE SHERIFF'S FY 1999-00 OPERATING BUDGET FOR THE PURPOSE OF FUNDING ONE TIME MISCELLANEOUS EQUIPMENT PURCHASES, BUILDING IMPROVEMENTS, AND CONTRIBUTIONS TO THE SHERIFF'S SUPPLEMENTAL RETIREMENT FUND. WHEREAS, the Sheriff's Office received $2,640,642 in unanticipated revenues during FY 1999-00, primarily as a result of housing a larger federal inmate population; and WHEREAS, the Sheriff proposes that $1,290,642 of this revenue be appropriated by City Council to provide funds for the following purposes: (1) one-time equipment purchases; (2 various building alterations, additions and improvements, including training facilities; and (3) funds for the Sheriff's Supplemental Retirement Fund. 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $ 1,290,642 are hereby appropriated from the fund balance in the Sheriff's Special Revenue Fund to the Sheriff's FY 2000 Operating Budget for the purposes as outlined below: a. $190,726 to fund miscellaneous one-time equipment items as detailed on Exhibit A, a copy of which is attached hereto and incorporated by reference; b. $400,000 to fund various building alterations, additions and improvements, including training facilities; and c. $699,916 to fund contributions to the Sheriff's Supplemental Retirement Fund. 31 32 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 day of Febr,,ary , 2000. Requires an affirmative vote by a majority of the members of City Council. CA-7597 ORDIN[NONCODE[SHERIFF MID-YEAR.ORD February 1, 2000 R2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Service~~ ~y A~or~y's 2 EXHIBIT A Miscellaneous One Time Requests Trade Show Display 1,300 Sheriffs Auxiliary Training Vacuum Cleaner Multimedia Projector System Laptop Computer Office Furniture Desktop Presenter, Calculator & Lettering System Glock Armorer's Kit 499 6,000 2,000 4,000 69O 210 Courts Six Radios @ $2500.00 Each Construction Project Related Equipment pending Construction and Project Approval- ie., Computers, Network Interface, Printers, Phones and Fax Machine 15,000 22,000 7,700 780 Emergency Response Protective Apparel Replacement of City Pagers Career Development/Seminars 8,064 2,250 3,000 Corrections Office Equipment Copy Machine for the floors/Watch Commanders Five Battery Charges for Guard Shacks Leg Irons, Cuffs & Chains/Guard Shack Hands Free Phone Head Sets 14 Radios (~ $2500.00 Each 1 Laser Printer & 3 Computers Fax Machine & Paper Shredder Staff Gym Equipment Benches for Visitors in Lobby 2,006 1,800 661 445 270 35,000 4,950 4O8 5,000 66O Maintenance Bar Code Software & Tech Support Tennsmith Brake Water Jet Drain Cleaner 4,744 1,199 2,230 Work Force' Annex II Classification Property New Printer Computer & Printer 2 Computers Complete Replacement of Clothes Dryer 1,300 1,600 2,400 4,000 DARE 2 Additional Motor Vehicles 3 Replacement Computers & Laser Printers 3 Additional Computers & Printers 33,000 8,660 6,900 Total requests 190,726 - 16- Item IV-I.Z ORDINANCES ITEM # 46233 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AUTHORIZE the addition of twenty full-time positions and the TRANSFER of $523,235 within the FY 1999-2000 Operating Budget for the Department of General Services re landscape maintenance for roadways. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,, Margaret L. Eure, William W. Harrison, Jr., 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 8, 2000 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE TO AUTHORIZE THE ADDITION OF TWENTY FULL-TIME POSITIONS AND THE TRANSFER OF $523,235 WITHIN THE FY 1999-00 OPERATING BUDGET FOR THE DEPARTMENT OF GENERAL SERVICES TO PROVIDE LANDSCAPE MAINTENANCE FOR ROADWAYS WHEREAS, contracts for landscape maintenance of 156 miles of divided roadways expired in November of 1999, and the lowest bid for the next five-year contract period was $5,603,063, which represents a 29% increase over the previous contract price; WHEREAS, a cost analysis determined that the five-year cost for contractor-provided maintenance services exceeded City- provided services by $1,033,854; WHEREAS, if it provides these services, the Department of General Services will require an additional twenty full-time positions and $28,651 for first-year capital equipment costs; and, WHEREAS, the Department of General Services has an existing $523,235 in appropriations that, if transferred, are available to provide these services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, 1. That twenty full-time positions are hereby authorized to be added to the FY 1999-00 Operating Budget of the General Services Department for the purpose of providing landscape maintenance services for divided roadways in the City. 2. That existing appropriations in the amount of $523,235 within the FY 1999-00 Operating Budget of the General Services Department are hereby transferred to fund the additional twenty positions and related costs of providing landscape maintenance services for the City's divided roadways. 33 -34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 day of February , 2000. CA7595 F: \Data~ATY\Ordin\NONCODE\landscape maintenance, ord R-5 February 1, 2000 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: Management Se~vices~~ity Attorney 2 POLICY REPORT PROPOSED CONVERSION FROM CONTRACT TO CITY PROVIDED SERVICES FOR LANDSCAPE MAINTENANCE OF PRIMARY (DIVIDED) ROADWAYS Backqround During FY 1987-88, to provide an appropriate level of maintenance for new Capital Improvement Roadway Projects, the Landscape Services Division began to contract for landscape maintenance services. This ensured adequate landscape maintenance frequencies without hiring additional City personnel. As the City progressed with its Capital Improvement Program by either building new divided roadways or reconstructing existing roadways to divided roadways, the contracts were expanded. Over one hundred fifty-six (156) miles of divided roadways have been maintained by private contractors this fiscal year as well as twelve and one half (12 ~) miles maintained by the Sheriff's Work Force. All of these roadway contracts expired in November of 1999. The contracts were rebid with the Iow bid coming in at $5,603,063 for the five (5) year contract period. This is an increase of twenty-nine percent (29%) over the previous contract price. Due to the significant increase in costs, a five year cost analysis was completed comparing the cost for private contractors with costs for City staff to provide the same services. The analysis shows that by providing the services in-house the City will realize an estimated five-year savings of $1,033,854 (see Attachment A). Budget Considerations Funds are currently available to award the roadway contracts for the remainder of this fiscal year. To perform these services in-house, an additional $28,651 would be required. This is due to up- front first year capital costs to acquire equipment. However, the Department of General Services can identify existing funds within its budget to absorb this additional cost. Staffin.q/Ecluipment Considerations The primary consideration for performing these services with City personnel is the need to hire twenty (20) full-time employees. While this increases the City work force, these positions are critical to support the proposed in-house program. These employees will provide prompt mowing services and other efficiencies needed for quality service. Another consideration is the initial capital outlay for equipment. However, the need is significantiy reduced by the availability of equipment within the division that can be reassigned to this program (see Attachment A). Organizationally, support will be required from the Department of Finance, Purchasing Division, for the immediate procurement of the remaining equipment as well as support from the Department of Human Resources for the immediate staffing requirements (see Attachment B) needed to commence the first mowing cycle on March 15, 2000. Public Information No special public information procedures are required. The request will be published as part of the City Council Agenda for a public vote. Policy Report - Conversion from Contract to City Provided Services for Landscape Maintenance of Primary (Divided) Roadways Page Two Alternative Courses of Action Provide the landscape maintenance services for divided roadways utilizing City forces. The analysis clearly demonstrates a savings in excess of one million dollars ($1,033,854) over a five-year period. Additional savings are recognized by increased City staff being able to perform maintenance not included in the contracts during the winter months. Provide the landscape maintenance services for divided roadways by awarding the recently bid contracts at a cost substantially higher than use of city forces. The higher cost is approximately $1,033,854 over a five year period. Recommendation The first alternative is recommended. Staff will prepare an Agenda Request form seeking authorization for 20 additional full-time positions and transfer of $523,235 within the Depa.rtment of General Services for Council's consideration on February 8, 2000. Prepared by Edward S. Bames Landscape Services Administrator Reviewed and Approved by David M. Grochmal Director of Department of General Services Walt Kraemer, Actin~ctor Management Services James K. Spore, City Manager .E ~000~0~0 0~00~~0 000000~00 ~000~00 ~00~0~ ~0000000000 00000000000 ~00 O0000 O0 ~000000000 ~ 0~~0~ ~ ~ 0 ~ 0 E< .0 0 · 0 0 E 0~ ATTACHMEMT B PRIMARY ROADWAY LANDSCAPE MAINTENANCE COSTS CONTRACTING FOR SERVICES COMPARED WITH IN-HOUSE PROVIDED SERVICES ADVANTAGES AND DISADVANTAGES FOR IN-HOUSE SERVICES Advantaqes for Providin,q In-House Service--- Significant identified cost savings ($1,033,854) over a five-year period. The division would have available an additional 20 FTEs for certain roadway landscape maintenance activities that would be beyond the scope of the landscape maintenance contracts. The 20 FTEs would be available for approximately 4 months (mid December through mid March) that would permit these additional activities to be addressed. Faster Response to service needs. Disadvanta,qes for Providing In-House Service.,- Because the additional 20 FTEs are permanent positions, the organization would have a long term commitment to these employees. The additional 20 FTEs would have to be authorized which could result in not being able to commence in-house services March 15"'. Increased potential liability. Initial capital outlay start-up costs (contrary to the general desire to reduce the City's fleet). Maintenance program would need to begin March 15, 2000, and there may be difficulty in obtaining necessary vehicles and equipment and hiring and training of employees by that date. -17- Item IVJ.3. ORDINANCES ITEM # 4~234 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER $ 70, 000 within the FY 1999-2000 Operating Budget of the Department of Housing and Neighborhood Preservation to fund Spirit House, Inc., re acquisition and rehabilitation of a group home for people with serious mental illness. I~oting.· 11-0 (By Consen0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William ~. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Pice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 8, 2000 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AN ORDINANCE TO TRANSFER $70,000 WITHIN THE FY 1999-2000 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION TO PROVIDE FUNDING TO SPIRIT HOUSE, INC., FOR THE ACQUISITION AND REHABILITATION OF A GROUP HOME FOR PEOPLE WITH SERIOUS MENTAL ILLNESS WHEREAS, the Federal Home Investment Partnership Program (HOME) provides funding for qualified community-based nonprofit housing groups; WHEREAS, such funding has been accepted and appropriated to the Department of Housing and Neighborhood Preservation, and is available in The Citywide Rehabilitation Bank Loan program in the Federal Housing Assistance Grant Fund; and WHEREAS, Spirit House, Inc., has submitted a grant request to the Department of Housing and Neighborhood Preservation requesting funding for the acquisition and rehabilitation for a group home for people with serious mental illness. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That funds in the amount of $70,000 are hereby transferred within the FY 1999-2000 Operating Budget of the Department of Housing and Neighborhood Preservation for the purpose of providing funding to Spirit House, Inc., for the acquisition and rehabilitation of property to be used as a group home for people with serious mental illness. 2. That the City Manager is hereby authorized to execute a contract with Spirit House, Inc., for such purpose. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 day of February , 2000. 33 34 35 36 CA7598 F:~Data~ATY~OrdinkNONCODE~spirithouse.ord R-5 February 2, 2000 37 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: 39 Management Servlces~~ty_ mttorney, s Office~ 2 Spirit House Capital Budget Proposal Attachment to Agenda Request Uses Amount Acquisition $116,000 Rehabilitation' $ 21,000 Closing Costs/etc. $ 1,000 Reserve $ 18,000 TOTAL $156,000 Sources Amount Grant - Fricano Foundation $ 20,000 Donation - Holy Spirit Parish $18,000 CSB Funds $ 48,000 CDBG Funds $ 70,000 TOTAL $156,000 NAME 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: LICENSE DATE YEAR PAID BASE INTEREST TOTAL ART GALLERY APPAREL INC BRAGE JON MICHAEL C & R ALTERATIONS INC CACTUS CREEK INC C JET CORPORATION G W COLLINS DALLAS KATEC INCORPORATED DATALINE INC DAVIS BOBBY W DIX ASSOCIATES INC DRDEAN A NEWMAN PC FRANTASTIC CONSTRUCTION INC GSHH CONSTRUCTION LP JPW INVESTMENTS LLC M L S INC PENSOUTH REALTY CORP R C I JR INC RUDMAN GARY L TUESDAY TEA'S INC WHITE CEBERT C JR 01/06/00 AUDIT 83.72 0.00 83.72 1999 01/19/00 10.27 0.00 10.27 01107/00 AUDIT 399.29 136.38 535.67 01/14/00 AUDIT 140.27 0.35 140.62 01/14/00 AUDIT 72.07 6.87 78.94 01/11/00 AUDIT 619.89 79.18 699.07 01/10/00 AUDIT 26.37 7.03 33.40 01/10/00 AUDIT 16,196.45 1,349.16 17,545.61 01/12/00 AUDIT 7.40 2.84 10.24 01/13/00 AUDIT 10.00 0.00 10.00 01/06/00 AUDIT 1,015.00 177.55 1,192.55 01/11/00 AUDIT 90.80 12.87 103.67 01/13/00 AUDIT 334.91 0.00 334.91 01107/00 AUDIT 151.72 0.00 151.72 01/07/00 AUDIT 8,538.60 711.27 9,249.87 01/07/00 AUDIT 292.24 31.53 323.77 01/11/00 AUDIT 211.26 32.96 244.22 01/07/00 AUDIT 30.08 7.10 37.18 01/14/00 AUDIT 748.97 60.08 809.05 01/12/00 AUDIT 278.07 27.48 305.55 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the Eighth Ruth Hodges Smith City Clerk $31,900.03 Certified as to e'nt: Phi~il~ · Ke~l~m ' ';" Commissioner of the Revenue Approved a form: -~Eeslie ~.. Lilley City Attorney were approved by the Council of the day of Fehr.~ry ,~"~ 2000 Item IV-J. - 19- ITEM # 46236 PLANNING 1. ARMADA/HOFFLER HOLDING COMPANY STREET CLOSURE CONDITIONAL CHANGE OF ZONING DEVELOPMENTAGREEMENT 2. JAMES DEMPSEY, CYNTHIA BISHOP HAYES AND MARY G. BATTAGLIA STREET CLOSURE 3. DRA GAS ASSOCIATES VI, L.C. VARIANCE CHANGE OF ZONING 4. STEVEN B. SANDLER, ARTHUR B. SANDLER AND THE ESTATE OF REBA SANDLER (DECEASED) VARIANCE 5. GALE LEVINE CONDITIONAL USE PERMIT 6. KENNETHA. HALL CONDITIONAL USE PERMIT 7. COLLETT PROPERTIES, INC. AND COLLETT CHESAPEAKE PARTNERS, L.L.C. COLLETT PROPERTIES, INC. CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING February 8, 2000 Item IV-~. l.a/b. - 21 - PLANNING ITEM # 46238 The following registered in SUPPORT: Attorney R. J. Nutter, II, 4425 Corporation Lane, Suite 420, Phone: 518-3200, represented the applicant Burrell Saunders, Design Engineer, Architect - CMSS Robert Taylor, Chairman of the Virginia Beach Division - Hampton Roads Chamber of Commerce, 601 Nenan Road, Phone: 491-9000. The Board of Directors unanimously voted to endorse the Town Center Development. Edward (Ned) N. Williams, Chairman - Elect, Virginia Beach Division - Hampton Roads Chamber of Commerce, 1321 Laskin Road, Phone: 428-3640 H. Nelson Adcock, Jr., Executive Committee - Hampton Roads Chamber of Commerce, Vice Chair of Governmental Affairs, 2 712 Southern Boulevard #101, Phone: 463-3200 Kim McKinney, Executive Board Member - Virginia Beach Division - Hampton Roads Chamber of Commerce, 125 Independence Boulevard, Phone; 473-3972 Attorney Kevin ~. Cosgrove, Past Chair- Virginia Beach Division - Hampton Roads Chamber of Commerce, 500 East Main Street N., Phone: 640-5342 Gerald Divaris, 1519 Quail Point Road, Partners with Armada Hoffler relative the CBD Project, Phone: 497-2113 Paul Tuork, 3112 Kline Drive, Phone: 486-0880, Architect and General Contractor, previously practicing Architect in Cape Town, South Africa. doe Heckel, 4204 Country Club Circle, Phone: 464-4804 Reverend Mark Olsen, Pastor of Thalia Lynn Baptist Church, 1040 Yardley Landing, Phone: 495-5415 Ronald Hughes, 4792 Kempsville Greens Parkway, Phone; 474-9505 Attorney Sam Meekins, 1 Columbus Center # 11, Phone: 497-6653 John Malbon, President - Virginia Beach Vision, Post Office Box 68051, Sandy Cohen, President - Central Business District, 1 Columbus Center, Suite 600, Phone: 490-7800 Greg Rabchuk, Vice President/General Manager - Alltell, 33 72 Middle Plantation Quay, Phone: 68 7-3201 David S. Redmond, 331 Ferdinand Circle, Phone: 497-6705 M. Connie Domme, 514 Kempsville Greens, Phone: 495-6620 The following registered in OPPOSITION: Mike Arsuaga, 1704 Woodcliff Circle, 18-year resident. Gus Griesekoch, 4211 dolor Way, Phone: 495-2199 Sandy Linkos, President- Citizens Action Coalition, 5225 South Lake Road, Phone: 464-1947 Thomas L. Moore, 1312 Chewink Court, Phone: 437-8702 John Tinkham, 1605 Five Forks Road, Phone: 464-6780 Norman Kahn, 1228 Geranium Crescent, Phone: 427-5021 Walter W. Erb, 1208 Quarter Way, Phone: 497-7451 Al Strazzullo, 3120 Sand Pine Road, Phone: 481-0024, Charles Bowden, 2125 Harbor Lane Val St. Onge, 1239 Captain Adams Court The following registered as UNDECIDED: Ben Krause, 1436 Five Hill Trail, Phone: 490-5614 Correspondence of Robert K. Dean faxed to the Members of City Council dated February 8, 2000, requesting the Development Agreement be DEFERRED and in OPPOSITION to the Conditional Change of Zoning, is hereby made a part of the record. Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council APPROVED, WITH REVISED ORDINANCE for the Street Closure, Ordinances upon application of ARMADA/HOFFLER HOLDING COMPANY discontinuance, closure and abandonment of a portion of Cleveland Street beginning at the Eastern boundary of Garrett Drive and Conditional Change of Zoning: Application of Armada/Hoffler Holding Company for the discontinuance, closure and abandonment of a portion of Cleveland Street beginning at the eastern boundary of Garrett Drive and running in an easterly direction a distance of 550.10 feet. Said parcel is 49. 99 feet in width and contains 17, 496 square feet. ROSE HALL - DISTRICT 3 February 8, 2000 Item IV4.1. a/b - 22 - PLANNING ITEM # 46238 (Continued) The following conditions shall be required: The City Attorney's office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the city shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, "approved by City Council. Copies of the policy are available in the Planning Department. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within 365 days of approval by City Council. If not, the approval will be considered null and void. ORDINANCE UPON APPLICATION OF ARMADA/HOFFLER DEVELOPMENT COMPANY, LLC, FORA CHANGE OF ZONING FROM B-3 TO CONDITIONAL B-3A Z02001156 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Armada/Hoffler Development Company, LLC, for a Change of Zoning District Classification from B-3 Central Business District to ConditionaI B-3A Pembroke Central Business District on the following parcels: Parcel 1.'Southeast intersection of Virginia Beach Boulevard and Garret Drive. Parcel 2.'Southeast intersection of Potomac Street and Independence Boulevard. Parcel 3: Southeast intersection of Cleveland Street and Independence Boulevard. Parcel 4: Southeast intersection of Columbus Street and Independence Boulevard. (GPIN #1477-54-4974, #1477-55-4115, #1477-54-4576, #1477-44-6832, #1477-44-5543, #1477-44-7220, #1477-54-0566, #1477-54-0452, #1477- 54-1442.) The proposed zoning classification change to Conditional B-3A is for mixed-use, pedestrian-oriented, urban activity center land use. The Comprehensive Plan recommends use of this parcel for urban center use in accordance with other Plan polices. Said parcels contains 18.11 ac, res more or less. ROSE HALL - DISTRICT 3 The following condition shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record February 8, 2000 - 23 - Item IV-~. 1. a/b PLANNING ITEM # 46238 (Continued) This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of Februarv, Two Thousand Voting: 9-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IlL Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: A. M. "Don" Weeks Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: None Councilman Harrison ABSTAINED as his law firm provides legal services to Armada Hoffler This item was MOVED TO THE LAST ITEM ON THE PLANNING AGENDA. February 8, 2000 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN FIFTY FOOT (50") RIGHT OF WAY KNOWN AS CLEVELAND STREET MORE PARTICULARLY DESCRIBED AS ALL THAT CERTAIN' PORTION OF CLEVELAND STREET EXTENDING FROM THE EASTERN BOUNDARY LINES OF LOT 28, BLOCK 32, AND LOT 6, BLOCK 40 TO THE EASTERN BOUNDARY LINES OF LOT 42, BLOCK 32, AND LOT 20, BLOCK 40, PLAT OF SUNNYBROOK. WHEREAS, on February 8, 2000, Armada/Hoffler Holding Company, a Virginia corporation, applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before February 8, 2001; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before February 8, 2001: All that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as: "ALL THAT CERTAIN PORTION OF THE FIFTY FOOT (50') RIGHT OF WAY OF CLEVELAND STREET EXTENDING FROM THE EASTERN BOUNDARY LINES EXTENDED OF LOT 28, BLOCK 32, AND LOT 6, BLOCK 40 TO THE EASTERN BOUNDARY LINES EXTENDED OF LOT 42, BLOCK 32, AND LOT 20, BLOCK 40, PLAT OF SUNNYBROOK. AREA OF STREET CLOSURE = 0.41 AC." as shown on that certain exhibit entitled "STREET CLOSURE EXHIBIT FOR THE TOWN CENTER -- PHASE I VIRGINIA BEACH, VA" Scale: 1"=100' DATE: 12/15/99, prepared by MSA, P.C., a copy of which is on file with the Department of Planning. SECTION II ownership The following conditions must be met on or before February 8, 2001: 1. The City Attorney's Office will make the final determination regarding of the underlying fee. GPIN: 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to verify that no other private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no other private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If not, the approval will be considered null and void. 2001, this Council. SECTION III 1. If the preceding conditions are not fulfilled on or before February 8, Ordinance will be deemed null and void without further action by the City 2. If all conditions are met on or before February 8,2001, the date of final closure is the date the street closure ordinance is recorded by the City Attorney; provided, however, this Ordinance shall not be recorded until such time as the City of Virginia Beach Development Authority has acquired title to the underlying fee of the right-of-way proposed for closure as contemplated by the Development Agreement for the project known as "The Town Center of Virginia Beach." SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." Adopted by the Council of the City of Virginia Beach, Virginia, on this 8 day of ~'ohmmry ,2000. APPROVED AS TO LEGAL SUFFICIENCY Law Department CA-7590 01/27/00 F:\Data\ATY\Fonns\Deeds\STCLOSU\WO RKING\ca7590.ord PIONEER TITLE PIONEER TITLE 808 Crestar Building 500 East Main Street Norfolk, VA 23510 (757)623-1996 FAX: 623-1144 November 15, 1999 808 Crestar Building 500 East Main Street Norfolk, VA 23510-2204 (757) 623-1996 Fax 623-1144 Virginia Beach: Suite 303 One Columbus Center Virginia Beach, VA 23462 (757) 671-7413 Fax 671-7540 Thomas C. Kleine, Esquire Mays & Valentine, LLP 4425 Corporation Lane, Suite 420 Virginia Beach, VA 23466 RE: Street closure (Our file no: 7013-29,905) Dear Mr. Kliene: Chesapeake: 524 Albemarle Dr. Chesapeake, VA 23320 (757) 547-9330 Fax 436-3908 Peninsula: Suite B 49 West Queens Way Hampton, VA 23669 (757) 873-6816 Fax 873-6809 North Carolina customers please call: Elizabeth City 335-2498 Manteo 473-1868 Fax 1-800-526-3329 Upon review of the above-referenced file, please be advised that I am of the opinion that title to the following portions of Cleveland Street, upon closure same, will be vested in Sage Properties: from the eastern boundary of Lot 28, Block 32, which lies between the eastern boundary line of Garrett Drive and the western boundary line of Fifth Street, to the said western boundary line of Fifth Street; and from the western boundary line of Lot 13, Block 39 which lies between the western boundary line of Garrett Drive and the eastern boundary line of Independence Boulevard, to the said eastern boundary line of Independence Boulevard; plus, the southern one- half of said Cleveland Street between the eastern boundary of Lot 14, Block 39 and the western boundary of Lot 13, Block 39. Also, I believe that title will be vested, upon closure of Cleveland Street, in Lawyers Title Insurance Corporation in and to those portions of said street as follows: the northern one-half of said street lying between the eastern boundary line of Independence Boulevard and the western boundary line of Garrett Drive (formerly Fourth Street) from the western boundary of Lot 35, Block 31 to the eastern boundary line of Lot 36, Block 3 l, and all of said street from the western boundary line of Lot 15, Block 39 to the western boundary line of Garrett Drive (formerly Fourth Street). JHG/npb enclosures lfyou have any questions, please do not hesitate to contact the undersigned. 18. ARMADAIHOFFLER HOLDING COMPANY (CLEVELAND STREET) January 12, 2000 GENERAL INFORMATIOH Site Location: A portion of Cleveland Street beginning 150 feet east of the eastern boundary of Garrett Drive and running in an easterly direction a distance of 550.10 feet / DISTRICT 3 - ROSE HALL. Request: Street Closure. Staff Planner: Bill Gambrell Purpose: To consolidate the area encompassed within this un-built portion of Cleveland Street with adjoining property. Ultimately it is anticipated that the roadway and consolidated surrounding property will be developed with the Town Center proposal. Site Size: Parcel is 49.99 feet in width and contains 17,496 square feet. LAND USE ZONING AND SITE CHARACTERISTICS Existing Land Use & Zoning: The requested street closure is for an un-built portion of Cleveland Street. The majority of the property surrounding the site is undeveloped, forested land. Property situated southwest is currently developed with an office building and a non-conforming single-family residential dwelling. All of the surrounding property is zoned B-3, Central Business District. Surrounding Land Use and Zoning:Surrounding Land Use and Zoning: North: · Undeveloped land, offices of The Virginian-Pilot newspaper and a Taco Bell restaurant / B-3 Central Business District · Virginia Beach Boulevard · across Virginia Beach Boulevard, Pembroke Mall / B-3 Central Business District PC Agenda, January 12, 2000 Page 18- 1 South' · East: · West: · A non-conforming single family home, offices for a local law firm. Columbus Street across Columbus Street, office buildings and a regional stormwater management facility / B-3 Central Business District Southern Boulevard and a Norfolk Southern right-of- way across Southern Boulevard and the Norfolk Southern right- of-way, retail uses / B-3 Central Business District Undeveloped property, a high-rise office building / B-3 Central Business District Undeveloped property / B-3 Central Business District Zoning History: The attached zoning history map identifies recent land use request in the area. AICUZ: The area is located within the less than 65 Db Ldn District. COMPREHENSIVE PLAIu The Comprehensive Plan recommends the area surrounding the subject site be developed with an attractive, high quality, intensive, pedestrian designed, mixed use town center. PUBLIC SERVICES AND FACILITIE~ Water/Sewer: Initial reviews indicates that there are no public water or sewer facilities within the portion of the right-of-way proposed for closure. If subsequent review reveals any public utility within the roadway, the applicant shall be responsible for proving appropriate easements or shall be responsible for relocating the facilities in a manner satisfactory with the Department of Public Utilities. Fire Protection: Adequate Police Protection: Adequate ,EVALUATION The Viewers have determined that the proposed closure will not result in a public inconvenience, and closure of the right-of-way is recommended for approval subject to the conditions outlined below. PC Agenda, January 12, 2000 Page 18- 2 CONDITIONS The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If not, the approval will be considered null and void. Further conditions may be required during the administration of City Ordinances. PC Agenda, January 12, 2000 Page 18 - 3 · Armada/Hoffler (Cleveland street) PC Agenda, January 12, 2000 - Page 18- 5 il ARMADA/HOFFLER HOLDING COMPANY. Closure - Cleveland Street District 3 - Bose Hall Z NTER-OFF Z CE COI I ESPONOENCE In Reply Refer To Our File No. DF-5059 DATE: January 26, 2000 TO: FROM: RE: Leslie L. Lilley DEPT: William M. Macali [k~J~ DEPT: Conditional Zoning Application Armada/Hoffler Development Company, L.L.C., et als City Attorney City Attorney The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 8, 2000. I have reviewed the subject proffer agreement, dated October 14, 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 AGREEMENT THIS AGREEMENT, made this 14~ day of October, 1999 by and between ARMADA/HOFFLER DEVELOPMENT COMPANY, L.L.C., a Virginia limited liability company ("Annada/Hoffier"), contract purchaser of the property described on Exhibit A attached hereto; ERNEST C. CONSOLVO, trustee of the Ernest Consolvo Revocable Trust dated February 8, 1996 ("Consolvo"), the owner of the property designated as Tract One on. Exhibit A attached hereto; SAGE PROPERTIES (USA), INC., a Virginia corporation ("Sage"), the owner of the property designated as Tract Two on Exhibit A attached hereto; and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia. For purposes of recordation and ease of reference, Annada/Hoffier, Consoivo and Sage are hereinafter referred to collectively as the "Grantors," and the City of Virginia Beach is hereinafter sometimes referred to as the "Grantee." WITNESSETH: WHEREAS, the Grantors have 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 from B-3 to B-3A Conditional on certain property which contains a total of 18.11 acres, more or less, located in the Rose Hall Election District 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 mixed use 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 subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the Prepared by Mays & Valentine, L.L.P. 4425 Corporation Lane, Suite 420 Virginia Beach, VA. 23462 protection of the community that are not generally applicable to land similarly zoned B-3A 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 part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-3A zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Cn'antee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Cmm~ in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Crrantee, after a public hearing before the Crrantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion for zoning, rezoning, site plan, building permit or subdivision approval, ,hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these Proffers 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 the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property shall be developed substantially in accordance with the "Development Agreement" as referenced in the Central Business District Project Memorandum of Understanding - 12/9/99 (the "MOU"), which MOU was approved by the City Council of the City of Virginia Beach on December 14, 1999 and is on file in the office of the Clerk of the City of Virginia Beach. 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. Ali references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute ~ause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceeding.s in court; and (4) the 3 Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. This Agreement may be executed in counterparts or by using counterpart signature pages. [SIGNATURES BEGIN ON FOLLOWING PAGE] 4 SIGNATURE PAGE FOR PROFFER AGREEMENT BY AND BETWEEN ARMADA/HOFFLER DEVELOPMENT COMPANY, LL.C., ET AL. AND THE CITY OF VIRGINIA BEACH, VIRGINIA DATED OCTOBER 14, 1999 WITNESS THE FOLLOWING SIGNATURES AND SEALS. COMMONWEALTH OF VIRGINIA CITY/~I~NTY OF ~~ ARMADA/HOFFLER DEVELOPMENT COMPANY, L.L.C., a Virginia limited liability company By: _~~,~ (SEAL) The foregoing instrument was acknowledged before me this 15~ay of ~c.~. , 1999, by ~ffh o'n u ~. (~J at~ , as manager of Armada/Hoffier Development Company, L.L.C., a Virginil~ limited liability company, on behalf of the limited liability company. My Commission Expires: ,~. ~]_ 6 C~ Notary Public - 24 - Item IV-J. 1. c. PLANNING ITEM # 46239 Attorneys Peter Kane and Matthew Nyman, representing Hunton and Williams, reviewed the entire Development Agreement Patricia Phillips, Director of Finance, assisted regarding the.financial issues. Extra copies were distributed to citizens in attendance. The risk areas have been identified, as well as comfort in the form of bonding: Option Performance Bond, Construction and Payment Performance Bonds, Indemnities, and certain direct action rights in favor of the authority. Section l :Definition of words used in the Agreement are defined in Appendix 1 Section 2: City and Authority Support Agreement Section 3: Acquisition of Project Land (Basically there exists two major parcels of land, which the developer has under contracO 3.1: Initial resubdivision plat to be submitted and approved prior to closing on the Sage and Consolvo land. 3.2: Authority Due Diligence 3.2.1 Authority to have right of access to the land prior to closing for inspection and testing purposes. Developer to provide all reports regarding condition of the land. 3.2.2 Developer to provide environmental reports to the Authority and Developer warrants that no hazardous substances are located on Project Land 3.3.3 Developer to provide title commitments for issuance of an owners' title insurance policy in an amount not less than the purchase price of the Sage and Consolvo land for the Authority and not less than the purchase price of the Phase I land for the Developer. 3.3 Developer to assign Sage and Consolvo acquisition contracts to the Authority to permit the Authority to purchase the Sage and Consolvo lands except for the Phase I land to be purchased by the Developer. 3.4 Acquisition of Land. 3.4.1 Developer and Authority to close on the Sage and Consolvo simultaneously. Closing costs to be equitably allocated between the parties. Deposits previously made by the Developer are credited to the Developer's acquisition of Phase I property. (See Exhibit 3.4.1) 3.4.2 Authority's obligations to close are contingent upon (i) no default by Developer, (ii) construction commitment being satisfactory to Authority, (iii)funding and closing of the construction loan, (iv) Developer entering into the Option Agreement (v) the Option Performance Bond being in full force and effect, (vi) Authority 's due diligence on Sage and Consolvo land being satisfactory to the Authority (vii) the Condo documents being satisfactory to the Authority, (viii) the prior or simultaneous acquisition of the Columbus Center Land by the Developer, (ix) the issuance of pro-forma title policies and agreement of title company to provide title policies, (x) the timely recordation of the initial plat, (xO the Land Use Controls being satisfactory to the Authority, (xiO the form and substance of the environmental insurance to be obtained by the developer being satisfactory to the Authority. February 8, 2000 SIGNATURE PAGE FOR PROFFER AGREEMENT BY AND BETWEEN ARMADA/HOFFLER DEVELOPMENT COMPANY, L.L.C., ET AL. AND THE CITY OF VIRGINIA BEACH, VIRGINIA DATED OCTOBER 14, 1999 WITNESS THE FOLLOWING SIGNATURES AND SEALS. COMMONWEALTH OF VIRGINIA CITY/C-OHNYY OF ARMADA/HOFFLER DEVELOPMENT COMPANY, L.L.C., a Virginia limited liability company By: ~~ .(SEAL) , to-wit: The foregoi~,~ instrument was acknowledged before me this .~..~ay of~, 1999, by ~['~q'h trn ts I~. fD ~ , as manager of Armada/I-loftier Development Company, L.L.C., a Virgini~ limited liability company, on behalf of the limited liability company. My Commission Expires: ,3' ~/- t5 ~ Notary Public 5 SIGNATURE PAGE FOR PROFFER AGREEMENT BY AND BETWEEN ARMADA/HOFFLER DEVELOPMENT COMPANY, L.L.C., ET AL. AND THE CITY OF VIRGINIA BEACH, VIRGINIA DATED OCTOBER 14, 1999 ElS, NEST C. CONSOLVO, trustee of the Ernest Consolvo Revocable Trust dated February 8, 1996 STATE OF _~.,~ ~.~.~ j,a ~ CITY/~~~"~~~~_, to-~t: ~e foregoing i~ent ~ ac~owledged ~fore me ~is ~ ~y o~, 2000, by Ernest C. Co~lvo, ~ ~e of~e Eme~ Co~lvo R~o~ble T~t ~t~ Feb~ 8, 1996. My Commission Expires: 6 SIGNATURE PAGE FOR PROFFER AGREEMENT BY AND BETWEEN ARMADA/HOFFLER DEVELOPMENT COMPANY, L.L.C., ET AL. AND THE CITY OF VIRGINIA BEACH, VIRGINIA DATED OCTOBER 14, 1999 SAGE PROPERTIES (USA), INC., a Virginia corporation By: Robert J. Kigg~ns, Secretary (SEAL) STATE OF OUN ' OF to-wit: KATHLEEN CADDELL DYMES Notary Public, State of New York No. 60-05,10560 Qualllied in We~tche~ter Cou~ OommlWon Explr# Mlroh 30. Zee The foregoing instrument was acknowledged before me this ] t/~ay oft~Elav_, 1999, by Robert J. Kiggins, as secretary of Sage Properties (USA), Inc., a Virginia corporation, on behalf of the corporation. My Commission Expires: 7 EXHIBIT A TRACT ONE ALL THOSE certain lots, pieces or parcels of land, lying, situate and being in Bayside (formerly Kempsville) Magisterial District, City of Virginia Beach, State of Virginia, being known numbered and designated as Lots One, Two, Three, Four, Five and Six (1, 2.3, 4, 5 & 6), in Block Numbered Forty (40), and Lots 23, 24, 25, 26, 27, 28 and 29, Block 40, as shown on that certain plat of Sunny Brook which is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 5, at Page 201. Lots One, Two, Three, Four, Five and Six (1, 2, 3, 4, 5 & 6), in Block Numbered Forty (40) BEING the same property conveyed to Ernest Consolvo Revocable Trust dated February 8, 1996 by deed dated March 22, 1999 from Ernest C. Consolvo and Rita M. Consolvo and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4081, page 142. LOTS 23, 24, 25, 26, 27, 28 and 29, Block 40, BEING the Same property conveyed to Ernest Consolvo Revocable Trust dated February 8, 1996 by deed dated March 22, 1999 from Ernest C. Consolvo and Rita M. Consolvo and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4081, page 140. TRACT TWO ALL THOSE certain lots, pieces or parcels of land situate, lying and being in the City of Virginia Beach, Virginia, together with the buildings and improvements thereon and the rights in and to adjacent closed streets, more particularly described as follows: PARCEL ONE: ALL THOSE certain parcels sit forth on a certain plat of survey titled: "SURVEY OF PROPERTY TO BE ACQUIRED BY COLUMBUS CENTER, INC. AND COLUMBUS CENTER ASSOCIATES (REF. M.B. 110, P. 12)" and designated as follows: "1.793 AC.," "1.426AC.," 2.467AC." and "11.266 AC." LESS AND EXCEPT those parcels conveyed to the City of Virginia Beach, Virginia along Independence Boulevard and Virginia Beach Boulevard by Columbus Center Associates by Certificates of Take recorded in Deed Book 2444, pages 1178, 1183, 1190 and 1195; and by Order confirming recorded in Deed Book 2602, page 1061. LESS AND EXCEPT three parcels conveyed to the City of Virginia Beach, Virginia along Independence Boulevard as conveyed by deed of Columbus Center Associates dated January 18, 1990 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2892 at page 2006 which parcels comprise part of the property acquired for the "Independence Blvd., Phase III Widening project." AND PARCEL TWO: ALL THOSE certain lots, pieces or parcels of land, situate, lying and being in the City of Virginia Beach, Virginia, as shown on the "PLAT OF SUNNYBROOK" duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at page 201, as follows: that portion of the Southern one-half of"POTOMAC STREET" which lies between the extension in a northerly direction of the eastern boundary line of Lot 12 in Block 31 on the PLAT OF SUNNYBROOK and the extension in a northerly direction of the western boundary line of Lot 18 in Block 31 on the PLAT OF SUNNYBROOK; that portion of"POTOMAC STREET" which lies between the eastern boundary line of "FOURTH STREET" (now Garrett Drive) and the extension in a northerly direction of the eastern boundary line of Lot 17 in Block 33 on the PLAT OF SUNNYBROOK; that portion of "CLEVELAND STREET" which lies between an extension in a northerly direction of the eastern boundary line of Lot 2 in Block 39 on the PLAT OF SUNNYBROOK; and the extension in a northerly direction of the western boundary line of Lot 13 in Block 39 on the PLAT OF SUNNYBROOK; that portion of the southern one-half of"CLEVELAND STREET" which lies between the extension in a northerly direction of the eastern boundary line of Lot 12 in Block 39 on the PLAT OF SUNNYBROOK and the extension in a northerly direction of the westem boundary line of Lot 15 in Block 39 on the PLAT OF SUNNYBROOK; that portion of the northern one-half of "POTOMAC STREET" which lies between the eastern right-of-way line of "FOURTH STREET" (now Garrett Drive) and the extension in a southerly direction of the western boundary line of Lot 29 in Block 32 on the PLAT OF SUNNYBROOK; that portion of "CLEVELAND STREET" which lies between the extension in a southerly direction of the western boundary line of Lot 29 in Block 32 on the PLAT OF SUNNBYROOK and the extension in a northerly direction of the western boundary of Lot 18 in Block 41 on the PLAT OF SUNNYBROOK; that portion of"COLUMBUS STREET" which lies between the extension in a northerly direction of the eastern boundary line of Lot 3 in Block 46 on the PLAT OF SUNNYBROOK and the extension in a northerly direction of the western boundary, of Lot 11 in Block 46 on the PLAT OF SUNNYBROOK; that portion of the southern one-half of "COLUMBUS STREET" which lies between the extension in a northerly direction of the western boundary line of Lot 11 in Block 46 of the PLAT OF SUNNYBROOK and the western right-of-way line of"FOURTH STREET" now (Garrett Drive); that portion of the northern one- half of"COLUMBUS STREET" which lies between the extension in a southerly direction of the eastern boundary of Lot 29 in Block 40 on the PLAT OF SUNNYBROOK and the extension in a southerly direction of the western boundary line of Lot 38 in Block 41 on the PLA T OF SUNNYBROOK; that portion of"LAYFAYETTE STREET" (now Southern Boulevard) which lies between the extension in a southerly direction of the eastern boundary line of Lot 25 in Block 46 on the PLAT OF SUNNYBROOK and the western right-of-way of"FOURTH STREET" (now Garrett Drive); and that portion of"FIFTH STREET" which lies between the southern fight-of-way of Virginia Beach Boulevard and the northern fight-of-way of Columbus Street. IT BEING a portion of the same property conveyed to SAGE PROPERTIES USA, INC. by deed from Columbus Center Associates dated September 23, 1996 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3662 at page 1387 and by .Quitclaim Deed from Lawyers Title Insurance dated December 30, 1996 recorded in Deed Book 3786, page 1502. AND PARCEL THREE: ALL THOSE certain lots, pieces or parcels of land, known, numbered and designated as Lots 19 and 20, in Block 40, and Lots 17 and 18, in Block 23, as shown on a Plat -2= entitled, "Sunnybrook" which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 5, at page 201. IT BEING a portion of the property conveyed to SAGE PROPERTIES (USA), INC. by deed dated September 13, 1996 from Columbus Center Associates and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3662, page 1387. GPINs: 1477-54-4974-0000 1477-44-7220-0000 1477-~.d-5543-0000 1477-44-6832-0000 1477-55-4115-0000 1477-54-4576-0000 1477-54-0566-0000 1477-54-0452-0000 1477-54-1422-0000 -3- - 24 - Item IV-J. 1.c. PLANNING ITEM # 46239 Attorneys Peter Kane and Matthew Nyman, representing Hunton and Williams, reviewed the entire Development Agreement Patricia Phillips, Director of Finance, assisted regarding the financial issues. Extra copies were distributed to citizens in attendance. The risk areas have been identified, as well as comfort in the form of bonding: Option Performance Bond, Construction and Payment Performance Bonds, Indemnities, and certain direct action rights in favor of the authority. Section l:Definition of words used in the Agreement are defined in Appendix 1 Section 2: City and Authority Support Agreement Section 3: Acquisition of Project Land (Basically there exists two major parcels of land, which the developer has under contracO 3.1: Initial resubdivision plat to be submitted and approved prior to closing on the Sage and Consolvo land. 3.2: Authority Due Diligence 3.2.1 Authority to have right of access to the land prior to closing for inspection and testing purposes. Developer to provide all reports regarding condition of the land. 3.2.2 Developer to provide environmental reports to the Authority and Developer warrants that no hazardous substances are located on Project Land 3.3.3 Developer to provide title commitments for issuance of an owners'title insurance policy in an amount not less than the purchase price of the Sage and Consolvo land for the Authority and not less than the purchase price of the Phase I land for the Developer. 3.3 Developer to assign Sage and Consolvo acquisition contracts to the Authority to permit the Authority to purchase the Sage and Consolvo lands except for the Phase I land to be purchased by the Developer. 3.4 Acquisition of Land. 3.4.1 Developer and Authority to close on the Sage and Consolvo simultaneously. Closing costs to be equitably allocated between the parties. Deposits previously made by the Developer are credited to the Developer's acquisition of Phase I property. (See Exhibit 3.4.1) 3.4.2 Authority's obligations to close are contingent upon (i) no default by Developer, (lO construction commitment being satisfactory to Authority, (iii)funding and closing of the construction loan, (iv) Developer entering into the Option Agreement (v) the Option Performance Bond being in full force and effect, (vi) Authority 's due diligence on Sage and Consolvo land being satisfactory to the Authority (vii) the Condo documents being satisfactory to the Authority, (viii) the prior or simultaneous acquisition of the Columbus Center Land by the Developer, (ix) the issuance of pro-forma title policies and agreement of title company to provide title policies, (x) the timely recordation of the initial plat, (xi) the Land Use Controls being satisfactory to the Authority, (xiO the form and substance of the environmental insurance to be obtained by the developer being satisfactory to the Authority. February 8, 2000 Item IV-J.l.c. PLANNING - 25- ITEM # 46239 (Continued) 3.5 No later than three (3) business days after the Sage and Consolvo closing date, the Authority shall request the City commence acquisition of Parcels K and M for public purposes (See R/2 - See Exhibit 3.5). 3.6 On or prior to SC & L Closing Date, Developer agrees to (i) cause the Lawyers Title Contract Parcels, to be conveyed to the Authority; and (iO cause the Lawyers Title Sage Parcels, to be conveyed to Sage. Upon the Authority's acquisition, the LT Contract Parcels shall automatically become part of the Option Land for purposes of this Agreement and subject to the Option Agreement. Developer and Authority shall thereafter amend the Option Agreement appropriately. Upon Sage's acquisition of the LT Sage Parcels that land shall automatically become a part of the Sage Land for purposes of the Sage Contract, and will be conveyed to the Developer or Authority. 3.7 Developer will cause the Columbus Center Land to be acquired simultaneously or prior to Sage and Consolvo closing, and grant consent for its inclusion into the Special Tax District. 3.8 Developer to pursue closure of the Cleveland Street parcel prior to the Sage and Consolvo closing date. (NOTE: Application filed and pending) 3.9 Developer to be responsible for all necessary street closures. 3.10 Authority may acquire additional land in the Project Area to become a part of the Option Land, subject to Developer's consent and corresponding increase in the Option Performance Bond. 3.11. Authority has the right to terminate the Agreement at or prior to Sage and Consulting closing if(i) default by Developer, (ii) failure of Developer to satisfy any condition, (iii) a default by any party under the Sage and Consolvo closing. Section 4: Developer's Option to Acquire Option Land. 4.1 4.2 On or before the Sage and Consolvo closing, there shall be an executed Option Agreement. Developer's obligation will be supported by the Option Performance Bond provided prior to the Sage and Consolvo closing. 4.3 Each conveyance of Option Land will be subject to the Non- Development Restrictive Covenant as well as Proffers and Land Use Controls on the land (See Exhibit 4.3) Section 5: General Obligations 5.1 Developer shall pay all taxes on Developer land and on revenues, rents, income and profits. 5.2 Developer to carry casualty, construction liability and other insurance coverages upon terms and in amounts requested by Authority 5.3 Developer shall be in compliance with all Environmental Laws as they may apply and indemnify the Authorityfrom liability with respect to such laws. Developer shall maintain, for the benefit of the Authority, environmental impairment liability insurance coverage. February 8, 2000 Item IV-J. 1. c. - 26- PLANNING ITEM # 46239 (Continued) 5.4 Developer shall provide all due diligence materials to the Authority. 5.5 Restrictive Covenants 5.6 Access 5. 7 Special Tax District 5.7.1 Developer will request Council to adopt ordinance providing for a Special Tax District on the Project Land as exhibited, which area includes Columbus Center land (See Exhibit 5.7.1). 5.7.2 Authority shall request a review of the rate for the Special Tax District as required by law, at least every third year, to the extent the annual TIF District Revenues and the annual Special Tax District Revenues are less or more than the aggregate annual amount needed to satisfy in full all Authority and City obligations as to the EDP. The Authority will be entitled to request the City adjust appropriately this tax rate applicable to the Special Tax District. 5.7. 4 The Special Tax District may need to be expanded in the future to support the Authority and City obligations as to the EDP. Mrs. Phillips advised the Special Tax District is a much smaller area than the TIF district and is essentially the project area itself The Developer has consented to the formation of a Special Tax District. Once it is formed, the City will impose the tax for the actual costs. The costs would include the operation and maintenance of the parking garage and also any shortfalls that may exist in the TIF portion of the financing. The Revenue Bonds issued by the Development Authority wouM be supported through the incremental real estate tax revenue generated in the TIF district. If the projects are not realized and there is a shortfall in one year, then that shortfall would be part of the calculation of the amount that needs to be recovered through the Special Tax District. This is another form of the Risk Management previously mentioned. Mrs. Phillips advised she is contemplating the salary for the Independent Project Manager will be derived from the Special Tax District. 5.8 5.9 5.10 5.11 Revenue bonds to be issued by Authority to provide funds for acquisition of Parking Garage. Developer shall convey to the Authority a public pedestrian access easement as and when requested by the Authority. Developer and Authority shall agree on the substance and form of Condo documents which provide that no common area maintenance charges or other assessments are to be paid by the Authority and no costs or liabilities will be imposed upon the Authority without its consent. The Condo documents shall be used for the Phase 1 office tower and garage as and when built. Parking: Authority agrees that each AF Unit* will be operated as free parking facilities for at least twenty (20) years after the applicable AF Closing. *AF Unit is a generic term meaning Authority Facility Unit (condominium unit that is the parking structure within the Phase I office tower). February 8, 2000 -27- Item IV-J. 1. c. PLANNING ITEM # 46239 (Continued) Section 6: Plan Process (for all Improvement) 6:1: Master Plan (See Exhibit 6.1) 6.2: Site Plans 6.3: Design/Development Plans 6.4 Construction Plans 6.4.1. Developer shall submit ten (10) complete sets of the draft of the construction plans within a reasonably sufficient period of time before the construction commencement date for each phase. These will be sufficient for the Authority to determine if the construction plans meet the requirements of this Agreement. The plans shall be in such detail as is ordinary and customary for final commercial construction plans, but in all events shall include: Definitive architectural drawings Structural drawings Electrical and mechanical drawings Complete specifications Other matters ordinarily included in construction plans 6.4.2 Authority shall review and approve or disapprove the Construction Plans in accordance with the procedures in Section 6.5. 6. 5 Plan Review and Approval Procedure 6. 6 Effect of Plan Approvals Section 7: Land Use Approvals - Process 7.1 Initial Land Use Applications, Proffers and Site Plans. This section relates to the pending zoning application for change of zoning to B-3A and requires Developer to diligently pursue the zoning. 7.2 Costs of Land Use Applications, Proffers and Site Plan. All costs incurred by the parties in connection with the Land Use Controls, Land Use Applications, Proffers and Site Plans at any time during the Term will be the responsibility of the developer. 7.3 Land Use Controls. Developer and Authority shall develop the land use controls. (See Exhibit 7.3) 7. 4 Additional Land Proffers 7.5 Supplemental Resubdivision Plats and Site Plans 7.6 Authority Approval of Changes in Proffers and Land Use Controls. The land use controls shall not be changed without the prior approval of (i) Authority, which consent shall not be unreasonably withheld so long as any such change is consistent with any applicable Plans and the provisions of this Agreement, and (ii) City, through the process set forth in the Development Agreement. 7. 7 Effect of Land Use Approvals. February 8, 2000 Item IV-J. 1. c. - 28- PLANNING ITEM It 46239 (Continued) Section 8 Construction Process 8.1 Dedication of Project Land 8.1.1 Generally, with respect to the dedication of the "Air Rights Parcels" described on Exhibit 8.1, Developer may reserve from such dedication or conveyance of the Air Rights. 8.1.2 As to Public Plaza Land, the Authority shall pay the Public Plaza Land Cost to the developer in consideration of Developer dedicating the Public Plaza Land to the City. Mrs. Phillips advised the Public Plaza is contemplated to be financed along with the Public Parking Garage to be repaid from the TIF revenues, which is a better position for the City and the Development Authority. Therefore, the $1$.8-MILLION wouM be financed with the initial Revenue Bond to be paid out of the TIF Revenues. 8.2 Developer's Obligations during Construction of all improvements. 8.3 Developer's Obligations during Construction of AF Units. 8. 4 Cooperation of Authority 8.5 Acquisition of AF Units Mr. Kane advised Article 8 is a very comprehensive section which relates to construction standards, times for construction and completion with the obligation of the developer to build the parking garage in connection with plans approved by the City. The developer will warrant the construction of this facility and the developer will have their contracts with the general contractor, architect and engineer to be such that the authority will have direct action against them for errors in negligence. These are unique provisions in favor of the Authority. As referenced in section 8.21, the Stormwater Management Agreement shall be executed by the proper parties as to the applicable Land (or the applicable land shall be made subject to the Stormwater Management Agreement). The Developer shall pay the "tie-in fee" as specified in such agreement. Mr. Kane emphasized Sections 8.3.7 (Warranty of Developer for Design), Section 83.9 (Construction Bonds), 8.3.15 (Warranties and Indemnification) and 8.3.20 (Developer Deliveries) as comfort factors. Mr. Kane referenced Exhibit 8.5. 6 relative Acquisition Costs. Mrs. Phillips displayed a Summary Sheet overhead relative Phase I TIF Funded Public Parking Garage Plaza Land TOTAL GARAGE AND PLAZA LAND MILLIONS $15.1 $ .7 $15.8 Infrastructure -EDIP & CIP $ 6.4 Residual Land (to be reimbursed) (Originally financed by VBDA Bank Loans) Acquired for Public Use (esO * Direct Acquisitions TOTAL RESIDUAL LAND (to be reimbursed) $ .5 $ 5.7 $ 6.2 TOTALS FOR PHASE I: CITY LESS: FUTURE SALES REIMBURSEMENTS $ 28.4 $- 6.2 NET CITY INVESTMENT TOTAL PRIVATE INVESTMENT $ 22.2. $ 40.0 (Estimated Completion date: September 1, 2000) February 8, 2000 - 29- Item IV-J. 1. c. PLANNING ITEM # 46239 (Continued) The guaranteed maximum price for the AF Unit in Phase I is $15,085,000. Mrs. Phillips itemized the Key Benefits of the Town Center. Incremental real estate taxes generated primarily by the project ($21- MILLION over 10 years and $56-MILLION over 20 years) will pay for the debt service. The land will be purchased by the developer by 2006, guaranteed through a performance bond covering all costs insured by the Virginia Beach Development Authority. The Net Fiscal impacts generated by the project (business licenses, personal property, sales tax, meal tax in addition to the real estate tax) will be $9-MILLION over 10 years and $20-MILLION over 20 years. These will more than offset infrastructure costs and yield a positive return to the City and Schools. Properties inside the Town Center will pay a higher real estate tax rate if required to cover any additional costs related to public parking garages. The school system will be better off than if the project is not built, because it will receive more funds. When the School's revenue sharing formula is calculated, the additional sales tax the Schools will receive, which the City does not receive through the direct state sales tax, will calculate over thirty years to approximately $69-MILLION. This is a positive impact to the Schools every year. Employment is projected at 800 direct and indirectjobs in Year 1 and over 3,000jobs by year 9. Personal incomes will be increased. Economic output will be $210- MILLION by the 9th year. $122-MILLION will have been invested by the private sector over the two phases. In addition to the additional sales tax which is returned to the State and the sales tax at the local level, the State will benefit over ten years at $18- MILLION and $55-MILLION over 20 years in State Sales Tax. Section 9 Phase I Obligations 9.1: Developer's Phase I Construction 9.1.1 Obligates Developer at its cost and expense to construct the Phase I Improvement (office tower, parking garage and retail) in accordance with the Land Use Approvals and the Development Agreement 9. 2: Authorities's Phase I Construction 9.3: Acquisition of PIPG Unit 9. 4: Lease of Office Space 9.5: Developer Parking Lease: On the AF Closing Date for the PIPG Unit, Developer and Authority shall execute the Developer Parking Lease, which shall provide that Developer shall lease a number of parking spaces in the PIPG (not to exceed 10% of the total spaces)from Authority for a term of 60 years from the AF closing date. All income received by the Developer as to such parking spaces shall be paid to the Authority as the "rent due" under the Developer's parking lease. February 8, 2000 - 30- Item IV-J. 1. c. PLANNING ITEM # 46239 (Continued) Section 10 Phase I-A Obligations Section 11 Phase H Obligations Section 12 Phase III 12.1: Acquisition of Phase III Land - requires Developer to acquire all of the Option Land prior to the expiration of the Option Period, which is September 1, 2006. 12.2: No Other Phase III Obligations - Although the concept of Phase III is endorsed, any obligations related to Phase III are subject to agreement, approval of appropriate plans and appropriation of funds to the extent TIF revenues and Special Tax District revenues are available. Section 13 General Representations and Warrantees Section 14 Default: Remedies. Section 15 Administrative Provisions Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance recommending the Virginia Beach Development Authority execute project documents; and, further authorizing the City Manager and City Attorney, on behalf of the Authority, to proceed with the development of any additional documents necessary to implement the project, known as: THE TOWN CENTER OF VIRGINIA BEA CH. Voting: 8-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan and A. M. "Don" Weeks Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: None Councilman Harrison ABSTAINED as his law firm provides legal services to Armada Hoffler This item was VOTED on PRIOR to J.l. afo February 8, 2000 1 2 3 4 5 6 7 8 ORDINANCE APPROVING DOCUMENTS, FOR THE TOWN CENTER PROJECT, RECOMMENDING APPROVAL AND EXECUTION BY THE VIRGINIA BEACH DEVELOPMENT AUTHORITY, AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT SUPPORTING THE AUTHORITY'S OBLIGATIONS 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 WHEREAS, the purpose of the B-3 Central Business District is to set apart that portion of the City of Virginia Beach (the "City") which forms the center for financial, commercial, professional and cultural activities, including business, professional and cultural development in a manner that complements the B-3A Pembroke Central Business Core District and the policies identified in the City's Comprehensive Plan; WHEREAS, the purpose of the B-3A Pembroke Central Business Core District is to optimize development potential for a mixed-use, pedestrian-oriented, activity center with mid- to high-rise structures that contain numerous types of uses, including business, retail, residential, cultural, educational and other public and private use; WHEREAS, the B-3A district is intended to comprise publicly accessible community open space areas, generally reflective of the concepts identified in the City's Comprehensive Plan and the Pembroke Central Business District Master Plan. WHEREAS, on November 23, 1999, the City Council adopted Ordinance No. 99- 2567B establishing the Central Business District-South Tax Increment Financing Fund ( the "TIF Fund"); WHEREAS, on behalf of the City and the City of Virginia Beach Development Authority (the "Authority"), the City Manager and City staff have been involved recently in negotiations with representatives of Arrnada/Hoffier Development Company, L.L.C., and its affiliates, regarding the development of a Central Business District Project known as "The Town Center of Virginia Beach" (the "Project"); WHEREAS, the Project would be an investment partnership between the Authority and Town Center Associates, L L.C. (the "Developer"), for a mixed use commercial development utilizing the structure of an economic development park in the Central Business District with the first phase of the Project to serve as the catalyst for the development of a park by the Authority; 33 37 38 4O 42 46 47 57 6O 61 WHEREAS, by Resolution No. R99-02697 adopted December 14, 1999 (the "Resolution"), the City Council approved a non-binding Memorandum of Understanding dated December 9, 1999, which was developed for the Project and outlined the Project and the proposed responsibilities of the City, the Authority and the Developer, a complete copy of which is on file with the City Clerk (the "MOU"); WHEREAS, by the Resolution, the City Council found that the proposed Project would stimulate the City's economy, increase public revenues, enhance public amenities and further the City's development objectives for the Central Business District; WHEREAS, as recommended by the Resolution, the Authority approved and executed the MOU pursuant to its Resolution adopted December 21, 1999, and the City Manager and the City Attorney, on behalf of the City and the Authority, have pursued the development of a Development Agreement and other related Project documents (collectively, "Proj ect Documents") in substantial conformity to the terms outlined in the MOU; WHEREAS, included as one of the Project Documents is a Support Agreement between the City and the Authority (the "Support Agreement") pursuant to which the obligations of the Authority contained in the Project Documents would be supported by the City, with the traditional public infrastructure costs of the Project to be funded through the City's CIP and other obligations of the Authority structured to be paid, subject to annual appropriation, by the available revenue from the TIF Fund and a special tax district to be established; and WHEREAS, the City Council desires that the Authority approve and execute the Project Documents. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA; 1. The City Council approves the Development Agreement, a complete copy of which is on file with the City Clerk (the "Development Agreement"), which implements an investment partnership between the City of Virginia Beach Development Authority (the "Authority") and Town Center Associates, L.L.C. (the "Developer"), for the development of a mixed-use commercial development project known as "The Town Center of Virginia Beach" in the Central Business District utilizing the structure of an economic development park (the "Project"). 2 62 63 64 65 66 67 68 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 2. The City Council recommends that the Authority adopt a Resolution approving the Development Agreement and all other documents required to implement the provisions of the Development Agreement (collectively, the"Proj ect Documents"), authorizing their execution and authorizing the City Manager and the City Attorney, on behalf of the Authority, ro proceed with the development of any additional Project Documents necessary and appropriate or contemplated by the Development Agreement to implement the Project, with the Project Documents to be consistent with the terms outlined in the Development Agreement. 3. On behalf of the City of Virginia Beach, the City Manager and the City Attorney are hereby authorized and directed to proceed with the development of any additional Project Documents necessary and appropriate or contemplated by the Development Agreement to implement the Project, with the Project Documents to contain such terms as are consistent with the terms contained in the Development Agreement. 4. The City Manager, or his designee, is authorized to execute and deliver (i) the Support Agreement between the City and the Authority supporting the Authority's obligations contained in the Project Documents and (ii) such other Project Documents to which the City is a necessary party so that the Authority can then proceed with the Project. 5. The City Manager is authorized to modify the Project Documents to which the City is a party to the extent such modifications may be technical in nature or may be necessary from time to time, provided that after such modifications, the Project Documents shall remain in substantial conformity with the Development Agreement and such modifications are acceptable to the City Attorney of Adopted by the Council of the City of Virginia Beach, Virginia, on the __ February 2000. CA7599.ord February 3, 2000 8 day APPROVED AS TO CONTENT: Finance Department 89 9O 91 92 APPROVED AS TO LEGAL SUFFICIENCY: Cit"y Attorney -31- Item IV-J. 2. PLANNING ITEM # 46240 Attorney Elias Paulson represented the applicants Upon motion by Councilman Harrison, seconded by Vive Mayor Sessoms, City Council ADOPTED Ordinance upon application of JAMES DEMPSEY, CYNTHIA BISHOP HAYES AND MARY G. BA TTA GLIA for the discontinuance, closure and abandonment of the Western terminus of. Poinciana Drive and adjoining lane: Application of James Dempsey and Cynthia Bishop Hayes and Mary G. Battaglia for the discontinuance, closure and abandonment of the western terminus of Poinciana Drive and adjoining as shown on that certain plat entitled "Proposed Street and Lane Closure, Plat Western Terminus of Poinciana Drive and Adjoining Lane, Cape Henry By The Sea Plat No. 2 M.B. 32 P. 8, Virginia Beach, Virginia. "Saidparcels are variable in width and contain 11,179 square feet. DISTRICT 5 - L YNNHA VEN. The following conditions shah be required: A public utilities easement, satisfactory to Department of Public Utilities, must be recorded to ensure that maintenance of and improvements to utilities within the right-of-way can be achieved. An easement over the entire right-of-way will be required for public utility facilities located within the right-of-way. An easement will also be required over the un-built alleyway to provide for access to the city spoils property situated to the South. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, "approved by City Council. Copies of the policy are available in the Planning Department. The applicant is required to resubdivide the property and vacate all internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. No further subdivision of the properties included with this application shall be permitted which will result in the creation of any additional building sites within the Cape Story community. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within 365 days for approval by City Council. If not, the approval will be considered null and void. February& 2000 - 32- Item IV-J. 2. PLANNING ITEM # 46240 (Continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., 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 8, 2000 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET AND LANE KNOWN AS POINCIANA DRIVE AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PROPOSED STREET & LANE CLOSURE PLAT, WESTERN TERMINUS OF POINCIANA DRIVE AND ADJOINING LANE, CAPE STORY BY THE SEA PLAT NO. 2 M.B. 32, P. 8, VIRGINIA BEACH, VIRGINIA. WHEREAS, on February 8, 2000, James Dempsey Hayes and Cynthia Bishop Hayes, husband and wife; and Mary G. Battaglia applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before February 8, 2001; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before February 8, 2001: All that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as: "BEGINNING at the intersection of the southern R/W line of Poinciana Drive with the eastern R/W line of an unnamed lane, said point also being the northwest comer of Lot 583, all as shown on plat of Cape Story By The Sea, Plat No. 2, recorded at the Office of the Clerk of the Circuit Court of Virginia in Map Book 32, at Page 8, thence proceeding from said point of beginning along the western line of Lot 583, S 13 o 06' 30" E, 162.39' to a point at the southern terminus of the unnamed lane, thence turning and proceeding along the southern terminus of unnamed lane, N 70° 06' 00" W, 25.35' to a point, thence mining and proceeding along the western R/W line of unnamed lane, N 13° 06' 30" W, 144.41' to a point at the western terminus of Poinciana Drive, thence continuing along the western terminus of Poinciana Drive, N 13° 06' 30" W, 50.60' to a point at the southwest corner of Lot 581, as shown on said plat, thence turning and proceeding along the southern line of Lot 581, along a curve to the left having a radius of 115.00', a distance of 53.93' to a point, thence turning and continuing along the southern line of Lot 581, N 39° 27' 07" E, 68.55' to a point, thence mining and proceeding along the southern line of GPIN: Lot 581, along a curve to the left having a radius of 30.00', a distance of 27.52' to a point on the western R/W line of Beech Street, as shown on said plat, thence turning and proceeding in a southeasterly direction along a continuation of the western R/W line of Beech Street, along a curve to the left having a radius of 111.44', a distance of 97.89' to a point on the southern line of Poinciana Drive, said point also being the northeast corner of Lot 582 as shown on said plat, thence turning and proceeding along the northern line of Lot 582 along a curve to the left, having a radius of 100.00', a distance of 80.68' to a point at the northwest corner of Lot 582, said point also being the northeast corner of Lot 583, thence turning and proceeding along the northern line of Lot 583, along a curve to the right, having a radius of 165.00', a distance of 65.00' to the point of beginning." It further being described as "CROSS-HATCHED AREA WHICH DENOTES AREA OF PROPOSED STREET AND LANE CLOSURE" as shown on that certain plat entitled: "PROPOSED STREET & LANE CLOSING PLAT WESTERN, TERMINUS OF POINCIANA DRIVE AND ADJOINING LANE, CAPE STORY BY THE SEA PLAT NO. 2 M.B. 32, P. 8 VIRGINIA BEACH, VIRGINIA SCALE 1"=30' AUGUST 4, 1999," prepared by Gallup Surveyors & Engineers, Ltd., copy of said plat is attached hereto as Exhibit "A." The above described portion of Poinicana Drive and adjoing lane to be closed and vacated contains 1 l, 179 square feet. The following conditions must be met on or before February 8, 2001: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Inierest in Streets Pursuant to Street Closures." approved by City Council. Copies of the policy are available in the Planning Department. 2. A public utilities ea:;ement, satisfactory to Department of Public Utilities, must be recorded to ensure that maintenance of and improvements to utilities within the right-of-way can be achieved. An easement over the entire right-of-way will be required for public utility facilities located within the right-of-way. An easement will also be required over the un-built alleyway to provide for access to the city spoils property situate to the south. 3. The applicant is required to resubdivide the property and vacate all internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. No further subdivision of the properties included with this application shall be permitted which will result in the creation any additional building sites with the Cape Story community. 2 4. The applicant is required to verify that no other private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no other private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If not, the approval will be considered null and void. 2001, this Council. SECTION III 1. If the preceding conditions are not fulfilled on or before February 8, Ordinance will be deemed null and void without further action by the City 2. If all conditions are met on or before February 8, 2001, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." day of Adopted by the Council of the City of Virginia Beach, Virginia, on this 8 February , 2000. CA-7591 01/28/00 F:',DaIa\ATY~Forn}s\Deeds~STCLOSU\WORKING~ca759 I.ord APPROVED AS TO LEGAL S~.~J, xCIENCY Law Department 3 Item IV-d.3. - 33 - PLANNING ITEM # 46241 Attorney R. E. Bourdon, Pembroke One 5th Floor, Phone: 499-8971, represented the applicant and d distributed information relative the mitigation and fill, questions and answers regarding floodplain "variance ", resume of Jerome M. Normann, P.E., site maps and summary statistics. This information is hereby made a part of the record. Jerome N. Normann , Civil Engineer and Adjunct Professor, 516 Open Greens Court, Phone: 467-9544, represented the applicant and reported on a hydro logic analysis of the entire Salem Canal. Upon motion by Council Lady Eure, seconded by Vice Mayor Sessoms, City Council APPROVED the Applications of DRAGAS ASSOCIA TES VI, L.C.,for a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations; and, ADOPTED an Ordinance for a Change of Zoning: Application by Dragas Associates VI, L.C., for a Variance to the Floodplain Regulations. The subject site is located on the west side of Salem Road beginning at a point 900feet more or less south of Lynnhaven Parkway (GPIN #1475-84-1524) and contains 15.077 acres. CENTER VILLE - DISTRICT 1. AND, ORDINANCE UP ON APPLICA TION OF DRA GAS ASSOCIATES VI, L. C., A VIRGINIA LIMITED LIABILITY COMPANY FOR A CHANGE OF ZONING FROMR-IO to R-5D Z02001157 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Dragas Associates, VI, L.C., a Virginia Limited Liability Company for a Change of Zoning District Classification from R- 10 Residential District to R-5D Residential Duplex District with a PD-H2 Planned Unit Development District Overlay on certain property located on the west side of Salem Road beginning at a point 900feet more or less south of Lynnhaven Parkway (GPIN #1475-84-1524). Theproposed zoning classification change to R-SD with a PD-H2 Overlay is for duplex units at a density no greater than 6 units per acre. The Comprehensive Plan recommends use of this parcel for suburban residential~low density at densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 15.077 acres. DISTRICT 1 - CENTER VILLE. Development shall be in conformance with the Land Use Plan This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of February, Two Thousand February 8, 2000 Item IV-~.3. - 34 - PL,4NNING ITEM # 46241 (Continued) Voting: 7-3 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Louis R. Jones, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: Barbara M. Henley, Reba $. McClanan and Mayor Meyera E. Oberndorf Council Members Abstaining: Nancy K. Parker Council Members Absent.- None Councilman Jones DISCLOSED he owns apiece of property in the vicinity of the subject site; however, the City Attorney has advised he is able to participate in the transaction fairly, objectively aNd in the public's best interest. Council Lady Parker ABSTAINED, as she and her husband have a business relationship with the applicant. February 8, 2000 - 35- Item IV-J. 4. PLANNING ITEM # 46242 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED an, application of STEVEN B. SANDLER, ARTHUR B. SANDLER AND THE ESTATE OF REBA SANDLER, (DECEASED)for a Variance to Section 4.4 (b) which requires all newly created lots meet all requirements of the City Zoning Ordinance (CZO) Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Steven B. Sandler, Arthur B.. Sander and the Estate of Reba Sandler, Deceased. Property is located on the north side of Indian River Road, 260feet more or less west of Ketnpsriver Drive (GPIN #1465-19-9336). CENTERVILLE- DISTRICT 1 Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 8, 2000 - 36- Item IV-J.$. PLANNING ITEM # 46243 Gale Levine represented her application Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council DEFERRED UNTIL CITY COUNCIL SESSION OF MARCH 14, 2000, application of GALE LEVINE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF GALE LEVINE FOR A CONDITIONAL USE PERMIT FOR BOAT STORAGE Ordinance upon application of Gale Levine for a Conditional Use Permit for boat storage on the east side of North Great Neck Road, south of Lynnhaven Drive (GPIN #1499-05-7413). Said parcel is located at 2100 Marina Shores Drive and contains 12.4146 acres. LYNNHAVEN- DISTRICT 5 Voting: 11- 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., 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 8, 2000 Item IV-~. 6. PL4NNING -37- ITEM # 46244 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of KENNETH A. HALL for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF KENNETH A. HALL FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND REPAIR (EXPANSION) R02003018 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Kenneth A. Hall for a Conditional Use Permit for motor vehicle sales and repair (expansion) at the northeast corner of Virginia Beach Boulevard and Malibu Drive (GPIN #1487-65- 8046). Said parcel is located at 3516 Virginia Beach Boulevard and contains 7. 3 71 acres. L YNNHA VEN - DISTRICT 5 The following conditions shall be required: The proposed expansions shall be developed as depicted on the site plan entitled, "Hall Honda Expansion & Renovations," dated December 3, 1999. The Southermost existing curb cut shall be closed and two additional curb cuts shall be installed as depicted on the plan. Landscaping shall be installed at a minimum as depicted on the site plan referenced above. In addition, the applicant shall install additional landscaping along the Western and Northern property lines. In the areas adjacent to existing single-family dwellings, existing landscaping shall be supplemented to ultimately achieve a solid landscape wall. The landscaping material can be either Wax Myrtle at a minimum height of 48 inches or Leyland Cypress at a minimum height of 6 feet or a combination of the two. The new material may be planted in line with the existing landscaping or just inside the existing plant material Landscaping along the Northern property line where it abuts the elderly housing facility shall be supplemented, if necessary, so that it achieves a minimum equivalent of a Category IV buffer. The existing and proposed plant material in this buffer shall be shown on the formal site plan submitted to the Development Services Center. The four (4) Bradford Pear trees that are being removed to provide for the new entrances are to be relocated on the site. Two trees shall be moved to the area adjacent to Malibu Drive and just South of the Northermost entrance and the two remaining trees are to be relocated to the area between the existing single-family homes and the subject site. If after one (1) year or re-planting, the re-planted trees are dead, new Bradford Pear trees, at the size of at least 2-inch caliper, shall be planted in their place. 4. All reasonable attempts shall be made by the applicant to have all new and used cars delivered on-site. Any existing outdoor loudspeaker paging system shall be removed, and no new outdoor loudspeaker paging systems shall be permitted. 6. Any additional lighting added to the site shall be directed to the interior of the site and away from adjacent residential homes. 7. All auto repair must take place inside the building. No outside storage of equipment, parts or materials shall be permitted. February 8, 2000 Item IV-J. 6. PLANNING - 38- ITEM # 46244 (Continued) The architectural design, colors, and materials of the additions to the existing building shall be as depicted on the submitted elevations entitled, "Hall Honda Expansion and Renovation." The future building identified on the site plan as the "Quick Lube and Car Wash" shall be constructed of E.I.F.S. (Exterior Insulation Finishing System), and the design and color (s) shall be compatible with the existing building. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of February, Two Thousand Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, 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: Louis R. Jones Council Members Absent: None Councilman Jones ABSTAINED as he owns property adjacent to the application. February 8, 2000 Item IV-J. 7. PLANNING - 39- ITEM # 46245 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED UNTIL CITY COUNCIL SESSION OF FEBRUARY 22, 2000, Ordinances upon application of COLLETT PROPERTIES, INC. AND COLLETT CHESAPEAKE PARTNERS, L.L.C. AND COLLETT PROPERTIES, INC. for Conditional Changes of Zoning: ORDINANCE UPON APPLICATION OF COLLETT PROPERTIES, INC. AND COLLETT CHESAPEAKE PARTNERS, L.L.C FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FR OMB-2 to CONDITIONAL B-2 Ordinance upon application of Collett Properties, Inc. and Collett Chesapeake Partners, L.L.C. for a Change of Zoning District Classification from B-2 Community Business District to Conditional B-2 Community Business District on certain property located at the southeast intersection of Virginia Beach Boulevard and Parker Lane (GPIN #1497- 84-3948, #1497-84-5907, #1497-84-7994, #1497-85-6190, #1497-85- 8140, #1497-85-9152, #1497-95-0152, #1497-95-0050). The proposed zoning classification change to Conditional B-2 is for community business land use. The Comprehensive Plan recommends use of this parcel for retail, office and other compatible uses in accordance with other Plan policies. Said parcel contains 3.481 acres. BEACH- DISTRICT 6. AND, ORDINANCE UPON APPLICATION OF COLLETT PROPERTIES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 TO CONDITIONAL B-2 Ordinance upon application of Collett Properties, Inc. for a Change of Zoning District Classification from I-1 Light Industrial District to Conditional B-2 Community Business District on certain property located on the east side of Parker Lane beginning at a point 150feet more or less south of Virginia Beach Boulevard (GPIN #1497-84-3855, #1497-84-8654, #1497-84-5907, #1497-84-7994). The proposed zoning classification change to Conditional B-2 is for community business land use. The Comprehensive Plan recommends use of this parcel for light industrial, business parks and other compatible uses. Said parcel contains 8.433 acres. BEACH- DISTRICT 6. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL Margaret L. Eure, William 145. Harrison, Jr., 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 8, 2000 Item IV-K. 1. APPOINTMENTS BY CONSENSUS, City - 40- ITEM # 46246 Council RESCHEDULED the following APPOINTMENTS: FRANCIS LAND HOUSE BOARD OF GOVERNORS HEAL TH SER VICES AD VISOR Y BOARD HUMAN RIGHTS COMMISSION THE PLANNING COUNCIL VIRGINIA BEACH CRIME TASK FORCE WETLANDS BOARD February 8, 2000 Item IV-K. 2. - 41 - APPOINTMENTS ITEM # 4624 7 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Marie H. Poyner COMMUNITY SER VICES BOARD (CSB) 3 Year Term 2/8/00 - 12/31/2002 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,, Margaret L. Eure, William W. Harrison, Jr., 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 8, 2000 Item V-N. - 42 - AD JO URNMENT ITEM # 46248 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:48 P.M. Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia February& 2000