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JUNE 13, 2006 MINUTES CITY COUNCIL MAYOR MEYERA E. OBERNDORF. At-Large VICE MA YOR LOUIS R. JONES. Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M DYER. Centerville - DistriclI REBA S. McCLANAN. Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE. Princess Anne - District 7 PETER W SCHMIDT, At-Large RON A. VILLANUEVA. At-Large ROSEMARY WILSON. At-lArge JAMES L. WOOD. LynniJaven "District 5 CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH. MMC CITY OF VIRGINIA BEACH A COMMUNITY FOR A LIFETIME CITY COUNCIL AGENDA 13 JUDe 2006 I. CITY COUNCIL COMMENTS Conference Room II. REVIEW OF AGENDA ITEMS III. INFORMAL SESSION Conference Room A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 3:00 PM 4:00 PM 2. Ordinance to DISSOLVE and RECONSTITUTE the Virginia Beach Arts and Humanities Commission. 3. Ordinance re MODIFICATIONS to Town Center Phase III project documents. 4. Resolution to DESIGNATE the Atlantic Bottlenose Dolphin as the City's official Marine Mammal. 5. Annual PERMIT RENEWAL for area private and non-profit EMS organizations: a. Medical Transport b. Lifeline Ambulance Service, Inc. c. Nightingale Regional Air Ambulance d. Children's Hospital of the King's Daughters e. Eastern Shore Ambulance f. Network Medical 6. Ordinances to AUTHORIZE temporary encroachments: a. Carl A. Eason and Katherine F. Ripberger into Lake Wesley to construct and maintain a pier extension, gazebo, floating piers, boat lift, et cetera, at 528 Kerry Lane DISTRICT 6 - BEACH b. Robert J. and Carol R. Quinn into a man-made canal in Lagomar to construct and maintain a bulkhead, dock and boat lift: at 2404 Entrada Drive DISTRICT 5 - PRINCESS ANNE 7. Ordinance to REVISE categorical appropriations for the School operating fund and AMEND their FY 2006-07 operating and capital budgets as requested by the School Board. 8. Ordinance to AUTHORIZE the acquisition, by purchase for public purposes, a portion of property at 420 Thalia Road from Thalia Trinity Presbyterian Church; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto. 9. Ordinances re Williams Farm property: a. AUTHORIZE the City Manager to SELL a portion of City property at 1068 Newtown Road to the Virginia Beach School Board re a new elementary school; ACCEPT the dedication of a right-of-way; and, EXECUTE all documents pertaining thereto b. ESTABLISH a Capital Project re Williams Park Improvements and APPROPRIATE $1,264,972 from the sale of property re park infrastructure development 10. Ordinance to ACCEPT and APPROPRIATE $43,560 from Cost Recovery Revenue and $4,944 from the Fire Department Gift Fund to the Fire Department's FY 2005-06 operating budget re Operation Smoke Detector and the Life Safety Education program. 11. Ordinance to APPROPRIATE $350,000 in Federal and State revenue re childcare subsidies to low-income parents. 5. Applications of OCEAN PROPERTIES, L.L.C. at 4856, 4840, 4848,4832 Shore Drive and 2209, 2213, 2217, 2216, 2208 North Oliver Road: DISTRICT 4 - BA YSIDE a. Discontinuance, closure and abandonment of a portion of North Oliver Drive, beginning on the north side of Shore Drive and extending to its terminus at Lake Bradford b. Chanf!e ofZoninf! District Classification from R-IO (SD) Residential District to Conditional B-4 (SD) Mixed Use District c. Conditional Use Permit for multi-family dwellings RECOMMENDATION APPROVAL L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITIEE BUILDING CODE OF APPEALS - New Construction GREEN RIBBON COMMITIEE INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION SPORTS AUTHORITY OF HAMPTON ROADS M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED July 4, 2006 July 11, 2006 ALL SESSIONS CANCELED July 18, 2006 July 19 - August 7, 2006 August 8, 2006 Briefmg, Informal and Formal Sessions and Reorganization of City Council Briefmg, Informal and Formal Sessions City Council Vacation Resume Regular Schedule - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 13 June 2006 Mayor Meyera E. Oberndorf called to order the City Council Comment Session in the City Council Conference Room, City Hall, on Tuesday, June 13, 2006 at 2:00 P.M Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve Peter W Schmidt, Rosemary Wilson and James L. Wood Council Members Absent: Ron A. Villanueva [Entered: 3:10 P.M.] June 13, 2006 - 2 - CITY COUNCIL COMMENTS 3:00 P.M. ITEM # 55294 Mayor Oberndorf introduced Sheriff Paul Lanteigne to discuss his concept of a handicapped access baseball field. Sheriff Lanteigne advised he had discussed this concept for special needs children with the Mayor. Approximately $5,000 has been raised. The Sheriff's department is currently lookingfor a baseball field. There is a parcel att the Law Enforcement Academy which may be the opportunity to create this field for handicapped access. Sheriff Lanteigne requested City Council's support of this worthwhile endeavor. Mayor Oberndorf referenced the one field in Norfolk utilized during the Olympics for these special baseball players. ITEM # 55295 Mayor Oberndorf referenced the proposed Ceremonial Oath of Office, Farewell to Retiring Members and Reception scheduled for June 30, 2006. Councilman Villanueva had suggested the Ceremony be held at Fort Story in the vicinity of the Settlers First Landing (Cape Henry) in 1607. Council Lady Wilson advised the School Board always schedules a dinner to honor retiring members and greet the new members. Council Lady McClanan was advised City Council's appointment and swearing in of the Vice Mayor would still be conducted on July 11,2006. The City Clerk shall be in charge of the arrangements. ITEM # 55296 On June 7, 2005, City Council ADOPTED A Resolution to express support and AUTHORIZE the City Manager to negotiate a contract with Urban Land Institute (ULI) re a performance study for the "Villages of Pungo ". On March 14, 2006, City Council ADOPTED an Ordinance authorizing the City Manger to execute an agreement between the City and the Urban Land Institute for a Pungo Village Land Use Study. Councilman Reeve advised the Urban Land Institute members were in town Sunday Night, June 11, 2006, to "kick off" this study. Mayor Oberndorf, Councilman Reeve and Robert Scott, Director of Planning, met them at dinner. The ULI toured the Pungo area Monday, June 12, 2006, during the day, which was proceeded by an Open House. Today, June 13, 2006, personal interviews were conducted for members of the Pungo community and representative groups. The ULI report will be presented on Friday morning, June 16, 2006. Mayor Oberndorf advised the members of the Urban Land Institute are volunteers, utilizing their vacation time, to perform this study. The $115,000 allocated is strictly for expenses (traveling, hotel and materials utilized in preparation of the Study) June 13, 2006 - 3 - CITY COUNCIL COMMENTS ITEM # 55297 Council Lady Wilson referenced her attendance at the Executive Board Meeting of the Virginia Municipal League this past weekend (June 10, 2006). As the State has not adopted their budget, the ramifications to local government were discussed: i.e. reimbursement of car tax funds (approximately $50-MILLION), 1 cent sales tax local funding accumulated by the State, bond rating impact will have a ripple effect, fringe benefits i.e. Virginia Retirement System funding and Workman's Compensation, School funding (Summer School, teachers' being paid on a twelve (12) month contract). If the Cities compensate for these costs, will the Cities be reimbursed? ITEM # 55298 Council Lady Wilson referenced her telephone conversation with former Council Member and Vice Mayor William D. Sessoms concerning the Rescue Squad Foundation. A media campaignfor volunteers is being prepared to encourage volunteers. The Rescue Squad will donate $125,000. Chief Bruce Edwards - Emergency Medical Services, has offered $50,000 from his Operating Budget. The Rescue Squad Foundation has requested City Council consider contributing $50,000 to $75,000. The City Manager shall provide information concerning the perimeters of the Rescue Squad Foundation, their available funds, and whether this will be a city-wide campaign.. He will confirm, but understands this program is just to target additional volunteers. Council Lady McClanan requested an itemization of expenses June 13, 2006 - 4- A GENDA REVIEW SESION 3:25 P.M. ITEM # 55299 Vice Mayor Louis R. Jones distributed: Resolution DIRECTING the Planning Commission to consider amendments to the Comprehensive Plan removing recommendations for the establishment of a Redevelopment and Housing Authority and other amendments re establishment of a Redevelopment and Housing Authority. Vice Mayor Jones referenced Council Lady McClanan's concerns during the City Council Session of June 6, 2006. Council Lady McClanan had referenced the correspondence of Al Ablowich related to the defeat of the Referendum concerning the creation of a Redevelopment and Housing Authority. Mr. Ablowich is requesting the Comprehensive Plan be revised to remove the language to pursue a Redevelopment Housing Authority. Council Lady McClanan requested the City Attorney research and provide information concerning revision of the Comprehensive Plan. Vice Mayor Jones requested the City Attorney prepare a Resolution to refer the issue to the Planning Commission. Vice Mayor Jones requested this item be ADDED to this Agenda or scheduled for the City Council Session of June 27,2006. ITEM # 55300 1. Ordinance to AMEND the City Code: a. Article II: ADD ~ 2-15 re Mayoral, City Council and School Board elections on the first Tuesday in November Council Lady McClanan expressed concern, as she wished the volunteers working the Polls today, June 13, 2006, to be able to express their concerns. Council Lady McClanan requested this item DEFERRED. Mayor Oberndorf advised the Virginia Beach Taxpayers Alliance forwarded correspondence in opposition to Mayoral, City Council and School Board elections on the first Tuesday in November. ITEM # 55301 1. Ordinance to AMEND the City Code: b 910-1: ADD one voting precinct, CHANGE boundary lines for two voting precincts and MOVE three polling locations Pat Harrington, Voter Registrar, advised the Virginia Beach Electoral Board voted on February 3, 2006, and May 9, 2006, to create one new precinct and make other boundary line and polling location changes. After City Council's adoption, these changes will become effective upon approval by the Us. Department of Justice pursuant to the Voting Rights Act of 1965, as amended, beginning with the November 7, 2006, General Election. June 13, 2006 - 5 - AGENDA RE VIE W SESION ITEM # 55301 BY CONSENSUS, thefollowing items shall compose the CONSENT AGENDA: J. RESOLUTION/ORDINANCES 1. Ordinance to AMEND the City Code: b ~1O-1: ADD one voting precinct, CHANGE boundary lines for two voting precincts and MOVE three polling locations 2. Ordinance to DISSOL VE and RECONSTITUTE the Virginia Beach Arts and Humanities Commission. 4. Resolution to DESIGNATE the Atlantic Bottlenose Dolphin as the City's official Marine Mammal. 5. Annual PERMIT RENEWAL for area private and non-profit EMS organizations: a Medical Transport b Lifeline Ambulance Service, Inc. c Nightingale Regional Air Ambulance d Children's Hospital of the King's Daughters e Eastern Shore Ambulance f Network Medical 6. Ordinances to AUTHORIZE temporary encroachments: a. Carl A. Eason and Katherine F. Ripberger into Lake Wesley to construct and maintain a pier extension, gazebo, floating piers, boat lift, et cetera, at 528 Kerry Lane DISTRICT 6 - BEACH b. Robert J. and Carol R. Quinn into a man-made canal in Lagomar to construct and maintain a bulkhead, dock and boat lift at the rear of 204 Entrada Drive DISTRICT 5 - PRINCESS ANNE 7. Ordinance to REVISE categorical appropriations for the School operating fund and AMEND their FY 2006-07 operating and capital budgets as requested by the School Board. 8. Ordinance to AUTHORIZE the acquisition, by purchase for public purposes, a portion of property at 420 Thalia Road from Thalia Trinity Presbyterian Church; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto. June 13, 2006 - 6 - AGENDA RE VIE W SESION ITEM # 55301 (Continued) 9. Ordinances re Williams Farm property: a. A UTHORIZE the City Manager to SELL a portion of City property at 1068 Newtown Road to the Virginia Beach School Board re a new elementary school; ACCEPT the dedication of a right-of way; and, EXECUTE all documents pertaining thereto b. ESTABLISH a Capital Project re Williams Park Improvements and APPROPRIATE $1,264, 972from the sale of property re park infrastructure development 10. Ordinance to A CCEPT and APPROPRIA TE $43,560 from Cost Recovery Revenue and $4,944 from the Fire Department Gift Fund to the Fire Department's FY 2005-06 operating budget re Operation Smoke Detector and the Life Safety Education program. 11. Ordinance to APPROPRIATE $350,000 in Federal and State revenue re childcare subsidies to low-income parents. 12. Ordinance to ACCEPT and APPROPRIATE a $45,703 grant from the Department of Criminal Justice Services to the FY2005-06 Human Services operating budget re multi-systemic therapy services to young adolescents and their families. 13. Ordinance to APPROPRIATE $125,104 from the General Fund and $125,104 from the Sheriff's Department Special Revenue Fund to the FY 2006- 07 Sheriff's Department operating budget re increased costs of the Central Booking Program. K. PLANNING 1 Application of DANNY K. MARTIN for a ChanJ!e of ZoninJ! District Classification from R-5D Residential Duplex District to Conditional 1-1 Light Industrial District at 5840 Burton Station Road to Develop an office- warehouse facility. DISTRICT 4 - BAYSIDE Item J. 6. a. DEFER, BY CONSENT, until the City Council Session of June 27, 2006. June 13, 2006 - 7 - ITEM # 55302 RECOGNITION Sheriff Paul Lanteigne continued the tradition of honoring City Council Members for their service. Sheriff Lanteigne, on behalf of the men and women of the Sheriff's Office recognized as: HONORARY DEPUTY SHERIFF'S Richard A. Maddox Beach - District 6 Jim Reeve Princess Anne - District 7 Peter W. Schmidt At-Large June 13, 2006 - 8 - ITEM # 55303 Mayor Meyer E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, peiformance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) To Wit: Appointments: Council Appointments: Boards, Commissions, Committees, Authorities and Agencies PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms and scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A) (30) Town Center PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of Property - Beach District L ynnhaven District Upon motion by Councilman Wood, seconded by Councilman Schmidt, City Council voted to proceed into CLOSED SESSION (3:44 P.M.). Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox. Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Non (Closed Session: 3:44 P.M. - 5:25 P.M.) (Dinner: 5:25 P.M. - 5:50 P.M.) June 13, 2006 - 9 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL Jun3 13, 2006 6:00 P.M. Mayor Meyer E. Oberndoif called to order the FORMAL SESSION of the VIRGINIA BEA CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 13, 2006, at 6:00 P.M Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Vice Mayor Louis R. Jones The Minister, Reverend Stanley Sa'l1Yer, was absent as he was recoveringfrom knee surgery PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. June 13, 2006 - 10 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 55304 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 13, 2006 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 55303, Page 8, and in accordance with the provisions of The Virginia Freedom of Information A~ and, WHEREAS: Section 22-3712 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 RESOL VEl>. 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. ~~ ;;:7l uth Hodges Smith, MMC City Clerk June 13, 2006 - 11 - Item V- F.1. MINUTES ITEM #55305 Upon motion by Council Lady Wilson, , seconded by Councilman Schmidt, City Council APPROVED Minutes of the INFORMAL and FORMAL SESSIONS) of June 6, 2006. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor Meyera E. Oberndorf Council Members Absent: None Mayor Oberndoif ABSTAINED re the Minutes of June 6,2006, as she was attending the Us. Conference of Mayors' 74th Annual Meeting June 13, 2006 Item V-G. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 12 - ITEM #55306 AGENDA FOR THE FORMAL SESSION June 13, 2006 - 13 - Item V-G.J. PUBLIC HEARING ITEM #55307 Mayor Oberndorf DECLARED A PUBLIC HEARING: PRECINCT BOUNDARIES AND LOCATIONS Create new precincts and polling places Modify precinct boundaries Change existing polling places There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING June 13, 2006 - 14 - Item v'J. RESOLUTIONS/ORDINANCES ITEM #55308 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Ordinances/Resolutions Items l.b., 2, 4, 5a-f, 6a. (DEFER), 6b. 7, 8, 9a/b, 10, 11,12 and 13 of the CONSENT AGENDA and Item K.l. of the PLANNING AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 13, 2006 - 15 - Item v'J.l.a. RESOLUTIONS/ORDINANCES ITEM #55309 The following registered in SUPPORT: Sidney Raider, 4312 L ynnville Crescent, Phone: 463-2819/620-1177, Retiree with Virginia Beach City School System Robert 0 'Connor, 204 52nd Street, Phone: 425-0992, represented the Citizens Action Coalition John Moss, 4109 Richardson Road, Phone: 363-7745, Chairman - Virginia Beach Taxpayers Alliance, spoke in support of a Balanced District System by Referendum Alfonso J. Strazzullo, 3120 Sand pine Road, Phone: 481-0024, represented Citizen Action Coalition, and distributed an analysis depicting "voter apathy", which is hereby made a part of the record. Mr. Strazzullo spoke in support of a Ward system. William Bailey, 4841 Rosecrojt, Phone: 288-5761, spoke in support of a Ward system Brian Kirwin, 304 Cripple Creek Circle, Phone: 463-0399. The Ward system will not solve all problems The following registered in OPPOSITION: Ollie Bates, 613 Meadows Drive, Phone: 467-4624, represented the Virginia Beach Democrat Committee A MOTION was made by Councilman Wood, seconded by Councilman Maddox to ADOPT the Ordinance to AMEND the City Code re Article II: ADD * 2-15 re Mayoral, City Council and School Board elections on the first Tuesday in November A SUBSTITUTE MOTION was made by Councilman Dyer, to DEFER the Ordinance to AMEND the City Code re Article II- ADD * 2-15 re Mayoral, City Council and School Board elections on the first Tuesday in November. A Task Force shall be appointed, schedule discussion at City Council's August Retreat and a Public Hearing scheduled. MOTION LOST FOR LACK OF A SECOND. Upon SUBSTITUTE MOTION by Council Lady McClanan, seconded by Councilman Schmidt, City Council DEFERRED two weeks until the City Council Session of June 27, 2006: Ordinance to AMEND the City Code: Article II: ADD * 2-15 re Mayoral, City Council and School Board elections on the first Tuesday in November TH~~ 11 "Jnn" - 16 - Item v'J.1.a. RESOLUTIONS/ORDINANCES ITEM #55309 (Continued) Voting: 6-5 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W Schmidt and Rosemary Wilson Council Members Voting Nay: Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva and James L. Wood Council Members Absent: None A Motion was made by Councilman Villanueva, seconded by Councilman Dyer to establish a study committee re the establishment of a Ward System. SAID MOTION was WITHDRA WN. June 13, 2006 - 17 - Item V.J.1.b. RESOLUTIONS/ORDINANCES ITEM #55310 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AMEND the City Code: ~ 10-1: ADD one voting precinct, CHANGE boundary lines for two voting precincts and MOVE three polling locations Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 13, 2006 1 AN ORDINANCE TO AMEND AND REORDAIN THE CITY 2 CODE BY ADDING ONE PRECINCT, CHANGING THE 3 BOUNDARY LINES OF TWO PRECINCTS, AND MOVING 4 THREE POLLING LOCATIONS 5 6 SECTION AMENDED: ~ 10-1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 10-1 of the City Code is hereby amended and 12 reordained, to read as follows: 13 Sec. 10-1. Establishment of precincts and polling places. 14 There are hereby established in the city the following 15 precincts and their respective polling places, as set forth below: 16 Precinct Polling Place 17 Alanton Alanton Elementary School 18 Aragona Kemps Landing Magnet School 19 Arrowhead Arrowhead Elementary School 20 Avalon Avalon Church of Christ 21 Baker Ebenezer Baptist Church 22 Bayside Bayside Elementary School 23 Bellamy Salem Middle School 24 Blackwater Blackwater Fire Station 25 Bonney Center for Effective Learning 26 Brandon Brandon Middle School 27 Brookwood Broo]cJOod ElcFflcnt.:lry School 28 Bow Creek Recreation Center 29 Buckner Holy Spirit Catholic Church 1 30 31 Cape Henry Research and Enlightenment Building (Edgar Cayce Library) 32 Capps Shop Back Bay Christian Assembly 33 Centerville Centerville Elementary School 34 Chesapeake Beach Bayside Baptist Church 35 College Park College Park Elementary School 36 Colonial Colonial Baptist Church 37 38 Colony Lynnhaven Church Colony Congregational 39 Corporate Landing Corporate Landing Middle School 40 Courthouse Courthouse Fire Station 41 Creeds Creeds Fire Station 42 Cromwell Salem United Methodist Church 43 Culver Ocean Lakes High School 44 Dahlia Green Run High School 45 Davis Corner Bettie F. Williams Elementary School 46 Eastern Shore Eastern Shore Chapel 47 Edinburgh St. Aidan's Episcopal Church 48 Edwin Kempsville Recreation Center 49 Fairfield Kempsville Presbyterian Church 50 Foxfire Princess Anne Middle School 51 Glenwood Glenwood Elementary School 52 Great Neck All Saints Episcopal Church 53 Green Run Green Run Elementary School 54 Haygood Haygood United Methodist Church 2 55 Holland 56 Homestead 57 Hunt 58 Indian Lakes 59 Kings Grant 60 Kingston 61 62 Lake Smith 63 Landstown 64 Larkspur 65 Linkhorn 66 London Bridge 67 Lynnhaven 68 Magic Hollow 69 Malibu 70 Manor 71 Mt. Trashmore 72 North Beach 73 Ocean Lakes 74 Ocean Park 75 Oceana 76 77 Old Donation 78 Pembroke 79 Plaza Holland Elementary School Providence Presbyterian Church Princess Anne Recreation Center Indian Lakes Elementary School St. Nicholas Catholic Church King8ton Elcfficnt~ry School King's Grant Presbyterian Church Bayside Church of Christ Landstown Community Church St. Andrews United Methodist Church Virginia Beach Community Chapel London Bridge Baptist Church Grace Bible Church Roma Lodge No. 254 Malibu Elementary School Providence Elementary School Windsor Woods Elementary School Galilee Episcopal Church Ocean Lakes Elementary School Bayside Community Recreation Center Scott Memorial United Methodist Church Old Donation Center for Gifted Pembroke Elementary School Lynnhaven Elementary School 3 80 81 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex 82 Point O'View Kempsville Church of Christ 83 Red Wing Birdncclc ElcFflcnt.:lry School 84 Fraternal Order of Police, Lodge #8 85 Reon Woodstock Elementary School 86 Rock Lake Salem Elementary School 87 Rosemont Forest Rosemont Forest Elementary School 88 Roundhill Salem High School 89 90 Rudee Virginia Beach Volunteer Rescue Squad Building 91 Seatack Seatack Community Recreation Center 92 Shannon Church of the Ascension 93 Shelburne Christopher Farms Elementary School 94 Shell Unity Church of Tidewater 95 Shelton Park Shelton Park Elementary 96 Sherry Park St. Matthews Catholic Church 97 Sigma Red Mill Elementary School 98 South Beach Contemporary Art Center of Virginia 99 Stratford Chase Community United Methodist Church 100 Strawbridge Strawbridge Elementary School 101 Tallwood Tallwood Elementary School 102 Thalia Thalia Elementary School 103 Thoroughgood Independence Middle School 104 Timberlake White Oaks Elementary School 4 105 Trantwood Virginia Beach Christian Church 106 Upton Three Oaks Elementary School 107 Village Thalia Lynn Baptist Church 108 Windsor Oaks Windsor Oaks Elementary School 109 Witchduck Bayside Presbyterian Church 110 Wolfsnare Virginia Beach Christian Life Center 111 112 113 114 115 116 117 Central Absentee Voter Precinct Agriculture/Voter Registrar Building BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the boundaries of the Davis Corner and Haygood Precincts 118 shall be as set forth in the attached map labeled, "Map A; Davis 119 Corner Precinct Split: New Precinct Name - Haygood; Haygood United 120 Methodist Church," and the boundaries of the Great Neck and Colony 121 Precincts shall be as set forth in the attached map labeled, "Map 122 B; Great Neck & Colony Precincts Boundary Change." Both maps have 123 been exhibited to City Council and are on file in the Voter 124 Registrar's Office. 125 Adopted by the City Council of the City of Virginia Beach, 126 Virginia, on this 13th day of June , 2006. APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: ~ c~~kice 5 CAI0054 PA/GG/ORDRES/Proposed/10-l Polling Locations ORD R-2 June 6, 2006 6 !",....,"..~ii,.<.....':."'0949'~.'~.. \~~~\,;;~ .)<l './:.. '\. /i~c>- /,,7~ . R MAPA. "~ ~ ,:; " .. ...~~ 2J ;~ ~" <"',.,. Hi11h. ,~' "",,, _.'tIOlt'k:.. ,: fi~'., / "~ "" .' ,~ ,. i" ,'lJ # t;' ~ 'a~.~ MAPB GREAT NECK & COLONY PRECINCTS BOUNDARY CHANGE ~! .'\ :;s Q~~ ~j ,~'~...:.-.:~.-.\,:.'!'!'_'~.'..:.__'~,'..ir'.\_~ rl~{ 1\,~ ..~: . ~ fS ~ ~\ " \ ~~~ 'i -..;i.~;3 '\ '(' .A1antqll..E 'a. .... <) woa . ...;;~~ l~ ~~ 1 l"lol>"" ......; 'f', ; ~ \"'1' Cl":~1-...{ ~! ~ ~~~: .' ~j-'~&'''! ~/ <&~' jo_'*t., '!$~~'" ~j"/""'-~- / i' ~_ ~.~~> .J:~-f~\ ~?~:'~ . 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'<<. ....~" i l ~., ,'. ~ ,It"!t'~~ ""-""~ 4n'thurcl'i~(,.,. ~ J .., .i.~,> "\ ',~ ~T&"'1 \. ;~& ~ {I "'~ ..oI'f..<i ~ B, ~ \ ~ ^k ;~'; c> .~~~-.:, ...1 """ ",4;;':'" "'~' l.:~ t,.r,' ,1 ~: r-?' ......~ ''':....._ ,:$r~~;'CJ; ,-' '~ ...... ...., tl\"-~ ~~--- ~.I'" ".~"'" -~ '., ooaa_6l'OJ1ff ::::;.,.--.,1l , .....'" ,,~~''''l -, ~*' !~ \~l"./' 5!'1"4,~ /" ~. \~ \~ \" . ~ ~ ~~ "',( ';1~ g~",,! GiW'~;\ "'~ o -.~gt" tt-~.~ '3 .a~ ",~TT~'IU COIff . '"&l(''' .~ . . ~ ;,~ . 1:': :~~v~,- C~ ., 'RD. \tf-\i-~O:.. .,.. , ~"&- ~~ ~~Ilfatfsr ~I ~;~ ,<f~ '$ '~...""""" /' {/.. 1t111.~lID,$ 1O'1UIn: ...'"I...,~ a ~>~!~':-L:~ ,.......~....:.,. tm :AqlJ~a.. (-"'.....--' MAPD RED WING PRECINCT: \1 ,.~ " i,~JO... \,..,...H '\ \ \ \ "'''''/ "', 11 ,.-;;.,..,... "^'~.~ "~~rr ',...,...~ ~~~';~~ o&~ a 1 ~.' ,"~ ~",-,={~,.,,~~'to . -t: '~.f ....... 'f, "'~1~--'i London\'l~ '\r,Brid ill., t0008 \ rt'1lD ~~~,!~~t r~~ MAPE \. 00 ,~...,L"R ~~~\ ~~[f~ ~ ~ '" ,~ t~r~' ~, , " 'f~~"~~:>' a, &f a1.,.:' . t. .9>.... ,; ..' . preen ii ;. .:' ... .."'" . Ot."S:S '2. !;; II ff/ -,' ", Q>" - -_':'.t~ <,'f^ of 3 "cr 0<;,' ! ~i ~ ~} ~ >1',?- 5!'.. ~/ ,1, ~~'l: "". .,. s; "" ""''''"'-'~i e "'~ - :.t:!-.::,.-.v-.c-:-; ~_,l'!1.~Q!!J~ \ \.~ ~<~ "t -...".'"'" ~.. , '\. \, ~J."~ ~.. l., <) '; -.a ,,;,,~~:., II" II l'!:~' - 18 - Item V.J.2 RESOLUTIONS/ORDINANCES ITEM #55311 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to DISSOL VE and RECONSTITUTE the Virginia Beach Arts and Humanities Commission. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 13, 2006 1 2 3 AN ORDINANCE THE VIRG INIA COMMISSION TO DISSOLVE BEACH ARTS AND RECONSTITUTE AND HUMANITIES 4 WHEREAS, by ordinance adopted May 7, 1979, City Council 5 ratified and confirmed the creation of the Virginia Beach Arts 6 and Humanities Commission (the "Commission"); 7 WHEREAS, by ordinance adopted August 12, 1997, City Council 8 amended and reordained that ordinance; and 9 WHEREAS, a majority of the members of the commission are 10 serving their final terms and will not be eligible for 11 reappointment under the current ordinance. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 1. That the current Virginia Beach Arts and Humanities 15 Commission is hereby dissolved and reconstituted, in accordance 16 wit the provisions set forth below. Upon adoption of this 17 ordinance, the terms of the current members of the commission 18 shall expire, but those members shall be eligible for 19 reappointment to the newly reconstituted commission. 20 2. That "An Ordinance Ratifying and Confirming the 21 Creation of the Virginia Beach Arts and Humanities Commission 22 and Providing for its Composition, Terms of Members, Conducting 23 of Business, Etc.," as adopted by City Council on May 7, 1979, 24 and as amended and reordained by City Council on August 12, 25 1997, is hereby amended and reordained to read as follows: 26 Section 1. Creation 27 There is hereby created an advisory commission to be known 28 as the Virginia Beach Arts and Humanities Commission (the 29 "Commission") . 30 Section 2. Composition 31 32 The Commission shall consist of eleven (11) commissioners appointed by City Council. To be eligible for appointment, each 33 commissioner shall maintain a primary residence in the City of 34 Virginia Beach. A commissioner may concurrently hold membership 35 on the corporate board of an arts group in the Commonwealth of 36 Virginia; provided, however, that the commissioner shall be 37 required to abstain from participating in the Commission's 38 discussion or vote on any matter involving the arts group on 39 whose corporate board the commissioner serves. 40 Section 3. Ter.ms of Commissioners 41 42 The term of each commissioner shall begin on July 1 of the year ~n which the commissioner is appointed. The terms 0 f 43 commissioners shall be for t..vO (2) four (4) years; provided, 44 45 however, that for the initial appointments to the newly reconstituted commission, the terms shall be staggered, as 46 follows: two (2) members shall be appointed for one-year terms, 47 three (3) members shall be appointed for two-year terms, three 2 48 (3) members shall be appointed for three-year terms, and three 49 (3) members shall be appointed for four-year terms. Prior to 50 June 1 of each year, the City Council ",;ill appoint :Jix (6) 51 cOffiffiiooioner;] in e~en numbered year;] and five (5) commiooioner3 52 in odd numbered year3. They shall hold office during their 53 respective terms at the pleasure of the City Councilor until 54 their successors have been appointed and have taken office. 55 Notwithstanding the provisions of City Code ~ 2-3, City Council 56 shall have the discretion to appoint a member to more than two 57 (2) consecutive terms if Council concludes that reappointment 58 would serve the best interests of the commission by promoting 59 continuity. 60 Section 4. vacancies 61 62 All vacancies on the Commission occurring by reason of resignation, removal, or otherwise shall be filled by 63 appointment by the City Council for the remainder of the 64 unexpired term. 65 Section 5. Election of Officers; Term 66 At the Annual Meeting in July of each year, the members of 67 the Commission shall elect from among the commissioners the following officers who shall, collectively, constitute the 68 69 70 Executive Committee: A Chair, a Vice-Chair, a Secretary and a Treasurer. All officers shall serve for terms of one (1) year 71 or until their successor is elected: provided, however, that no 3 72 officer shall serve more than two (2) consecutive one-year terms 73 in the same office. 74 Second, a pro7i::!ion i::! added Q;rhich limi to officer::! to 75 ::!erJing t.v;O (2) con::!ecutive one year term::! in the oame office. 76 Section 6. Meetings 77 Unless otherwise ordered by the Commission of the Executive 78 Committee, regular meetings shall be held in May and July and 79 not less than six (6) times annually. A regular meeting in July 80 shall be known as the Annual Meeting and shall be for the 81 purpose of electing officers, receiving written reports of 82 officers and committees, and conducting any other business that 83 may arise. 84 Section 7. Quorum 85 A majority of the commissioners shall constitute a quorum 86 for the transaction of business. 87 Section 8. Powers of Executive Committee 88 The powers of the Commission shall be exercised by the 89 Executive Committee after approval by the Commission. 90 Section 9. Conduct of Business 91 The Commission may adopt bylaws, for the conduct of its 92 business; provided such bylaws are consistent with this with 93 this ordinance and Robert's rules of Order. 94 95 4 96 Section 10. Purpose of Commission 97 The purpose of the Conunission is to serve 1n an advisory 98 capacity to the Virginia Beach City Council; to encourage the 99 development of programs in the arts and humanities in the city 100 of Virginia Beach; to bring into closer cooperation all local 101 and regional arts organizations for the benefit of all citizens 102 of Virginia Beach; to provide information and assistance to such 103 organizations when feasible; to serve as the coordinating group 104 through which shall be channeled all City funds appropriated to 105 organizations promoting the arts and humanities; and to 106 coordinate efforts to secure federal and state funding for 107 programs 1n the arts and humanities. 1 108 The scope of this Conunission 1S limited to groups which 109 quality as a registered non-profit tax exempt group and which 110 have, as a stated purpose, the furtherance of the arts and 111 humanities through the provision of progranuning and/or services 112 designed to benefit the citizens of Virginia Beach. 113 Section 11. Reports 114 The Conunission shall make the following reports to the City 115 Council and shall provide reconunendations to City Council from 116 time to time as may be required: 117 1) Budget reconunendations for each ensuing fiscal year by 118 December 31 of each calendar year; 5 119 2) Such financial reports as may be directed or requested 120 by the Director of Finance; 121 3 ) Reports of the attendance record of each commissioner, 122 in accord with the requirements of Section 2-3.1 of 123 the City Code; and 124 4) An annual report of the Commission's activities by May 125 15~ of each year. 126 Section 12. Conflict 127 This Ordinance, as amended, supercedes "An Ordinance 128 Ratifying and Confirming the Creation of the Virginia Beach Arts 129 and Humanities Commission and Providing for its Composition, 130 Terms of Members, Conducting of Business, etc.," adopted by City 131 Council on May 7, 1979 and readopted by City Council on August 132 12, 1997, and also supercedes the provisions of any other 133 ordinance or resolution, or the provisions of any bylaws, which 134 may be in conflict with this ordinance. 135 136 Adopted by the Council of the City of Virginia Beach, 137 Virginia on the 13th day of June, 2006. 6 - 19- Item V.J.3. RESOLUTIONS/ORDINANCES ITEM #55312 Associate City Attorney Jennifer V. Huelsberg highlighted the major elements of Phase III and the modifications proposed to the Town Center Phase III Project. Summary of Modifications to Phase III Project Documents Block 7 Parking Garage guaranteed maximum price increased to $17,173,588 Virginia Beach Development Authority to pay actual interest portion of Parking Garage and Conference Unit acquisition, regardless of guaranteed maximum price, if interest portion exceeds Developer's estimates solely due to rate increase (above 5% per annum). Virginia Beach Development Authority is obligated to purchase Block 7 West Retail upon substantial completion of shell space and rest of Block 7 Purchase price based on actual construction cost with a guaranteed maximum price of $2. 8-MILLION (cold dark shell) Developer obligated to re-purchase after three (3) years for Virginia Beach Development Authority's purchase price plus cost-of-carry If the Virginia Beach Development Authority exchanges Block 7 West Retail for Block 2, Developer obligated to purchase Block 2 after three (3) years for Virginia Beach Development Authority's all-in cost to obtain Block 2, plus cost-of-carry Block 6E Developer to acquirer Block 6E by December 31, 2006,for $523,000 purchase price If the Virginia Beach Development Authority does not deliver Block 6E land by December 31,2006, developer can defer $200,000 of purchase price Developer to pay the $200,000 deferral to Virginia Beach Development Authority upon McCormick and Schmick rent commencement date unless the Virginia Beach Development Authority's late delivery caused Developer to miss shell delivery deadline to McCormick and Schmick.. If shell delivery deadline missed, then Developer keeps portion of $200,000 attributable to lost rent incurred because of missed deadline Developer to pay parkingfee of $8, 942 per residential condominium unit located on Block 6E Construction/Reimbursement Alternative (RA) payment increased to $226,000 per year Block 9 Acquisition date extended to September 1,2010 Construction commencement date extended to December 31,2012 Construction completion date extended to September 1,2014 Construction/Reimbursement Alternative (RA) payments due beginning December 2010 (unless additional assessments in Phase III are sufficient to credit) Option Agreement Extend Option period to September 1,2010 June 13, 2006 - 20- Item v'J.3. RESOLUTIONS/ORDINANCES ITEM #55312 (Continued) Patricia Phillips, Director of Finance, reviewed the status of the Central Business District South Tax Increment Financing (TIF) District. The purpose is to reverse the trend of flat to declining assessments the area is experiencing. The TIF was approved November 23, 1999. The Base TIF Assessment was $151,894,230. The main elements of City support are the Tax Increment Financing (TIF), General Fund via Capital Improvement Program (CIP), Economic Development Investment Program (EDIP) and Special Service District (SSD). Public Sector Support - TIF Funded . Phase I - Parking Garage (Block 4) . 1 ,278 spaces - Plaza land (Block 8) . Phase II - Parking Garage (Block 10) . 851 spaces - Parking Garage (Block 12) . 574 spaces (269 are for theatre - CIP funded) . Phase III (as approved) - Parking Garage (Block 7) . 735 public spaces (additional 212 for condos - Developer financed) - Pedestrian Bridge (connects garage Block 12 to Block 7) - Meeting Room/Conference Facility (Block 7) Public Sector Support through the CIP and EDIP · Plaza (Block 8) · Theatre (Block 6) and theatre parking (Block 12) · Phases I, II, and III I nfrastructu re/Streetscapes June 13, 2006 - 21 - Item v'J.3. RESOLUTIONS/ORDINANCES ITEM #55312 (Continued ceD TIF Debt'" as of 6/1/06 . Issued ./ Phase J (Block 4 garage) - ./ Phase II (Block 12 and portion of Block 10 garages) ./ Phase II (portion of Block 10 garage) ./ Total Issued . Remaining to be Issued (estimate) ./ Phase II (remainder of Block 10 garage) ./ Phase III (Block? garage, conference center. and pedestrian bridge - as approved) ./ Additional Phase III $23,855,000 $11,800,000 $3.920.000 $39,575,000** $4,000,000 $25,700,000 $1,100.000 *Excludes residual land, retail in Block 12 and retail in Block? **The principal balance as of 6/1/06 is $39.355,000 Total ceo South TIF Revenues Fiscal Year Revenues Debt Service 2000 $14,944 2001 353,013 2002 490,995 2003 905,331 820,232 2004 1,503,178 1,283,427 2005 2,142,072 1,912,544 2006 (est) 2,722,666 1,772,795 TOTAL $8,132,199 $5,788,998 Note: 6/30/05 fund balance = $1.3 million June 13, 2006 - 22- Item v'J.3. RESOLUTIONS/ORDINANCES ITEM #55312 (Continued) Special Services District · $0.57/$100 pays for maintenance of the garages and infrastructure and builds a long-term maintenance reserve · If there should be a debt service shortfall in the TIF, revenue from the SSD would make up the difference · The $0.57/$100 produced $656,768 in FY-05* · Fund Balance as of June 30,2005 was $447,711 (reserved for capital improvements @ $.20/sq ft per yr) *$900,000 estimated for FY-06 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED, AS AMENDED: Ordinance re MODIFICATIONS to Town Center Phase III project documents. Voting: 10-1 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None June 13, 2006 1 2 3 4 5 6 7 AMENDED I AN ORDINANCE APPROVrNG MODIFICATIONS TO PHASE III PROJECT DOCUMENTS FOR THE TOWN CENTER PROJECT WHEREAS, on behalf of the City of Virginia Beach (the "City") 8 and the City of Virginia Beach Development Authority (the 9 "Authority"), the City Manager and City staff have engaged in 10 extensive negotiations with representatives of Armada/Hoffler 11 Development, Company L. L. C., and its affiliates, regarding the 12 development of a Central Business District proj ect known as "The 13 Town Center of Virginia Beach" (the "Project"); 14 WHEREAS, by Ordinance No. 2896F adopted September 13 2005, 15 after finding that Phase III of the Project will stimulate the 16 City's economy, increase public revenues, enhance public amenities, 17 further the City's development objectives for the Central Business 18 District and provide necessary components to further the goals 19 contained in the City's "Guidelines for Evaluation of Investment 20 Partnership for Economic Development," the City Council (a) 21 approved development documents for Phase III of the Project (the 22 "Phase III Project Documents"), (b) requested that the Authority 23 approve and execute the Phase III Project Documents, and (c) 24 authorized the City Manager to execute a Support Agreement between 25 the City and the Authority supporting the Authority's obligations 26 contained in the Phase III Project Documents; 27 WHEREAS, Phase III of the Project includes Block 7, a 28 structure comprised of a 947-space parking garage, with 735 public 29 spaces (the "Block 7 Parking Garage-), 25,000 square feet of ground 30 floor commercial space on the west side of the building (the "Block 31 7 West Retail"), 11,500 square feet of additional ground floor 32 commercial space on the east side of the building, a 236-room full 33 service Westin hotel, a 25,000 square foot conference facility (the 34 "Conference Unit") and 119 luxury condominiums; 35 WHEREAS, Phase III of the Project also includes Block 6E, a 36 structure comprised of 14,000 square feet of ground floor 37 commercial space and 56 residential condominiums; 38 WHEREAS, pursuant to the Phase III Project Documents, Town 39 Center Associates, L.L.C. ("Developer") is obligated to construct 40 the Block 7 improvements and the Authority is obligated to purchase 41 the Block 7 Parking Garage and the Conference Unit from the 42 Developer upon their completion and upon completion of other Phase 43 III construction obligations; 44 WHEREAS, pursuant to an Option Agreement dated as of June 5, 45 2000, as amended, the Developer has an option to purchase certain 46 land from the Authority on the terms and conditions set forth 47 therein; 48 WHEREAS, the Developer incurred additional costs of 49 construction for the Block 7 improvements due to unforeseen 50 circumstances; 51 WHEREAS, to facilitate the Developer's construction of Phase 52 III of the Project, the Developer has requested that the Authority 53 modify the Phase III Project Documents (a) pertaining to the 54 determination of the Acquisition Cost as to the Block 7 Parking 55 Garage and the Conference Unit, (b) to provide that the guaranteed 56 maximum price for the Block 7 Parking Garage be increased to 57 $17,173,588, and (c) to provide for the acquisition by the 58 Authority of the Block 7 West Retail for an actual cost (including 59 buildout) not to exceed $4,750,000; 60 WHEREAS, the Developer and the Authority also wish to modify 61 the Phase III Project Documents pertaining to (a) Block 6E, (b) the 62 Option Agreement, c) certain of the milestone dates and related 63 rights pertaining to the development of Phase III, and (d) other 64 matters, all as set forth in the First Modification to Phase III 65 Development Agreement (the "Phase III Modification"), a summary of 66 which is attached hereto as Exhibit A; 67 WHEREAS, the obligations of the Authority contained in the 68 Phase III Modification are supported by the City pursuant to a 69 Phase III Support Agreement, (a) with the traditional public 70 infrastructure costs of the Project to be funded, in part, through 71 the City's CIP and, in part, through the Authority's Economic 72 Development Investment Program monies and (b) with the other 73 obligations of the Authority structured to be paid, subj ect to 74 annual appropriation, by the available revenue from the TIF Fund, 75 from the revenue generated by the special tax district and by an 76 additional mechanism for the Developer to pay proj ected TI F 77 shortfalls; 78 WHEREAS, the City Council finds that the proposed Phase III 79 Modification is desirable as it allows the Developer to enhance 80 Phase I I I of the Proj ect; and 81 WHEREAS, the City Council hereby approves the Phase III 82 Modification and desires that the Authority pursue the preparation 83 of supplemental Phase III Project Documents to evidence the Phase 84 III Modification. 85 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 86 VIRGINIA BEACH, VIRGINIA: 87 1. In connection with the Virginia Beach Development 88 Authority's (the "Authority's") purchase of the 735-space public 89 parking garage (the "Block 7 Parking Garage") and the 25,000 square 90 foot conference facility (the "Conference Unit") to be constructed 91 on Block 7 of the Town Center Project pursuant to the development 92 documents for Phase III of the Town Center Project (the "Phase III 93 Project Documents"), the City Council approves the modification of 94 the Phase III Project Documents (a) to provide that the guaranteed 95 maximum price of the Block 7 Parking Garage be increased to 96 $17,173,588, and (b) pertaining to the interest portion of the 97 Acquisition Cost of the Block 7 Parking Garage and the Conference 98 Unit, as described in the First Modification to Phase III 99 Development Agreement (the "Phase III Modification"), a summary of 100 which is attached hereto as Exhibit A. 101 2. The City Council approves the modification of the Phase 102 I I I proj ect Documents to provide for the acquisition by the 103 Authority of the 25,000 square feet of ground floor commercial 104 space on the west side of the Block 7 building (the "Block 7 West 105 Retail") for an actual cost (including buildout) not to exceed 106 $4,750,000, on the terms described in the Phase III Modification. 107 The City Council authorizes the Authority to develop options for 108 the use of the Block 7 West Retail to further the economic 109 interests of the City, with the understanding that refinements and 110 final approval by City Council w ill be necessary for any such 111 transaction. 112 3. The City Council approves the additional modifications to 113 the Phase III Project Documents pertaining to (a) Block 6E, (b) the 114 Option Agreement, (c) certain of the milestone dates and related 115 rights pertaining to the development of Phase III, and (d) other 116 matters, all as set forth in the Phase III Modification. 117 4. On behalf of the City of Virginia Beach, the City Manager 118 and the City Attorney are hereby authorized and directed to proceed 119 with the preparation of any additional documents necessary and 120 appropriate to implement the Phase III Modification (the "Phase III 121 Modification Documents"). 122 5 . The City Manager, or his designee, is authorized to 123 execute and deliver any Phase III Modification Documents to which 124 the City is a necessary party so long as such Phase III 125 Modification Documents are consistent with the provisions herein 126 and are acceptable to the City Manager and the City Attorney. 127 6. The City Council requests and recommends that the 128 Authority adopt a Resolution consistent with this Ordinance 129 approving and authorizing the execution of the Phase III 130 Modification and any Phase III Modification Documents. 131 Adopted by the Council of the City of Virginia Beach, 132 Virginia, on the 13 day of June , 2006. CA9995 X:\OIDIREAL EST A TE\Commercial Projects\Town Center\Phase III\ORD apprvng mod to Phase III Documents.doc R-2 PREPARED: 6/13/06 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SU FICIENCY ')cu..;~ Economic D \ APPROVED AS TO AVAILABILITY OF FUNDS Qiu~1rl O~ Finance Department Exhibit A SUMMARY OF MODIFICATIONS TO PHASE In PROJECT DOCUMENTS 1. Block 7 - Parking Garage guaranteed maximum price increased to $17,173,588 Authority to pay actual interest portion of Parking Garage and Conference Unit acquisition cost, regardless of guaranteed maximum price, if interest portion exceeds Developer's estimates solely due to rate increase (above 5% per annum) Authority obligated to purchase Block 7 West Retail upon substantial completion of shell space and rest of Block 7 · Purchase price based on actual construction costs with a guaranteed maximum price of $2.8M (cold dark shell) · Developer obligated to re-purchase after 3 years for Authority's cost plus cost-of-carry · If Authority exchanges Block 7 West Retail for Block 2, Developer obligated to purchase Block 2 after 3 years for Authority's all-in cost to obtain Block 2, plus cost-of-carry 2. Block 6E - Developer to acquire Block 6E by December 31, 2006 for $523,000 purchase pnce If Authority does not deliver Block 6E land by December 31, 2006, Developer can defer $200,000 of purchase price · Developer to pay the $200,000 deferral to Authority upon McCormick & Schmick rent commencement date unless Authority's late delivery caused Developer to miss shell delivery deadline to McCormick & Schmick · If shell delivery deadline missed, then Developer keeps portion of $200,000 attributable to lost rent incurred because of missed deadline Developer to pay parking fee of $8,942 per residential condominium unit located on Block 6E Construction/Reimbursement Alternative (RA) payment increased to $226,000 per year 3. Block 9 - Acquisition date extended to September 1, 2010 - Construction commencement date extended to December 31, 2012 - Construction completion date extended to September 1,2014 - Construction/Reimbursement Alternative (RA) payments due beginning December, 201 0 (unless additional assessments in Phase III sufficient to credit) 4. Option Agreement - Extend Option Period to September 1,2010 1. - 23 - Item v'J.4. RESOLUTION/ORDINANCES ITEM #55313 Mayor Oberndorf recognized: Fred Green, 316 Teal Crescent, Phone: 288-0372, Vice President, Operations represented "A Dolphin's Promise ", a non-profit organization working in partnership with the City to bring 'hundreds of dolphin sculptures to Virginia Beach in an effort to raise $1-MILLIONfor Cancer research. Over $140,000 has now been raised. Cindy Graf, 2800 Wood Duck, President - "A Dolphin's Promise" and artist. Ms. Graf's mother passed from colon cancer. The Dolphin's Promise is a legacy in her Mother's honor. Ms. Graf expressed appreciation to the Mayor and Members of City Council for their unselfish dedication Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to DESIGNATE the Atlantic Bottlenose Dolphin as the City's official Marine Mammal. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 13, 2006 1 2 3 4 5 6 7 8 Requested by Mayor Meyera E. Oberndorf A RESOLUTION DESIGNATING BOTTLENOSE DOLPHIN AS THE MAMMAL OF THE CITY OF VIRGINIA THE ATLANTIC OFFICIAL MARINE VIRGINIA BEACH, WHEREAS, Atlantic bottlenose dolphins are indigenous to the 9 shores of Virginia Beach; 10 WHEREAS, the arrival of the Atlantic bottlenose dolphins in 11 Virginia Beach is symbolic of the onset of the summer season; 12 WHEREAS, Atlantic bottlenose dolphins live in groups called 13 pods and form coherent, long-term social units similar to 14 families; 15 WHEREAS, the family-oriented nature of the Atlantic 16 bottlenose dolphins, and their ability to coexist with many 17 other species of marine life in the ocean, mirror the qualities 18 of the citizens and the community of the City of Virginia Beach; 19 WHEREAS, Atlantic bottlenose dolphins beautify the Virginia 20 Beach oceanfront and serve as ambassadors of friendship; and 21 WHEREAS, on June 14, 2005, Ci ty Council adopted a 22 resolution to endorse A Dolphin's Promise, Inc., a nonprofit 23 citizen organization dedicated to bringing hundreds of life-size 24 dolphin sculptures to Virginia Beach in an effort to raise one 25 million dollars ($1,000,000) for cancer research (with a small 26 portion being donated to the Virginia Aquarium's St~anding 27 Response Program), by assisting with publicity for the dolphin 28 sculpture project. The sculptures are replicas of the Atlantic 29 bottlenose dolphin. 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 That the official marine mammal of the City of Virginia 33 Beach, Virginia is hereby designated as the Atlantic bottlenose 34 dolphin, known scientifically as the Tursiops truncatus. 35 Adopted by the City Council of Virginia Beach, Virginia 36 this 13th day of June , 2006. APPROVED AS TO LEGAL SUFFICIENCY: A [. fL,'1f1 City Attorney's Office CA10038 GG\Ord&Res\Proposed\Dolphin resolution R-3 June 2, 2006 2 - 24- Item v'J.5.a-f RESOLUTION/ORDINANCES ITEM #55314 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Annual PERMIT RENEWAL for area private and non-profit EMS organizations: Medical Transport Lifeline Ambulance Service, Inc. Nightingale Regional Air Ambulance Children's Hospital of the King's Daughters Eastern Shore Ambulance Network Medical Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 13, 2006 CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Medical Transport VIRGINIA OFFICE OF EMS AGENCY NUMBER: 308 EXPIRES: VIRGINIA BEACH AGENCY CLASSIFICATION: ALS Ground Transport (N on-emergency- Unrestricted) and Emergency-Restricted) ADDRESS: 5792 Arrowhead Drive, Suite 200 Virginia Beach, VA 23462 PHONE: 671-9302 PRESIDENT: Donald Jellig MANAGER: Russell Blow NUMBER OF PERMITTED VEHICLES BY TYPE: '5'~ as '-I G IZ~ u.'\..> IT'S A- c... S ~A~ i-t-4u. te.~ COMMENTS: q LJJe.. Vpt"-'S /TfVtJ )t( ,4-7;)(JL.. A- M'~ LA ,,-,~c1 tJo', AI C . 1-1 e L/) 'N ~ G ~ e I'l.. v'tC 'Z:DIUG cA~.s Does your agency comply with the minimum requirements as set forth in the Vireinia Emereencv Medical Services Reeulations. 12 V AC 5-31. 2003. as amended? ~YES 0 NO ~~ 0_170<>\ ame itle IYI <:'1'2. (J /VI4~ 0 6, Date Sent By: LIFELINE; 5403817445; Apr-2S-0617:41j Page 2/2 ~i I, CITY OF VIRGINIA BEACH l DEPARTMENT OF EMEHGENCY MEDICAL ~ERVICES EMS AGENCY PERMri'RENEWAL APPLICA lION AGENCY NAME: Lifeline Ambulance Service, Inc. VIRGINIA OFFICE OF EMS AGENCY NUMBER; EXPIRES: VIRGINIA BEACH AGENCY CLASSmCA TION: ALS Ground Transport (Non-Emergency-Unrestricted abd'1!mergency-Restricf;ed) '. ',:. ::.::--::,~~:::: ADDRESS: 310 Bell Road Christiansburg, VA 24073 PBONE: 540-382-1044 PRESIDENT: James C. Jones) Jr. VlCEPRESIDENT: T(,~ it '})e(".ke.e, ra:- (c.'^~IJ) NUMBER OF PERMITTED VEBICL'ES BY TYPE: "] 0 A-/?I iM !aJ1t..fa<) COMMENTS: ~~:>::.-::.'~.::. ~,,,,:,;,, :' \~'"'''' ,'. ...... .'~~ ~~.'" .. . ." '. '~._..'~' ..~':. . ::.:' ~~.:':".~:~~';~'/:: ',' . :~~::.; ~'.'R:~.~.~~J~]~:~~ Do"s yo~r agency comply wit'h the mbtimUlIll'equiremeatll asset tonh in.the'Vinririia' .'. , EmeNenCl' Medical ~rviee8 Reeu.ations. 12 VAC 5-31.1003. all amended? !K-YES 0 NO ~ {/.h~-(J.,,,,~:/ Namel1'itle s-/q/o {p Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Nightingale Regional Air Ambulance VIRGINIA OFFICE OF EMS AGENCY NUMBER: 509 EXPIRES: 6/"60/06 VIRGINIA BEACH AGENCY CLASSIFICATION: Air Ambulance (Emergency-Restricted) ADDRESS: 600 Gresham Drive Norfolk, VA 23507 PHONE: 668-2300 3~cg- 2SOO PRESIDENT: David Bernd Kathy ColalltuuuCf l:.~\S-r4:PtlEfZ- CJ-.NNctJ MANAGER: NUMBER OF PERMITTED VEHICLES BY TYPE: COMMENTS: Does your agency comply with the minimum requirements as set forth in the Vin!inia Emen!encv Medical Services Reeulations. 12 V AC 5-31. 2003. as amended? ,eYES D NO ~ ~#f. ~ NA~ N amelTitle -.J 5 /-2:l Ob Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Children's Hospital of the King's Daughters VIRGINIA OFFICE OF EMS AGENCY NUMBER: 315 EXPIRES: J W\JL Zo:>~ VIRGINIA BEACH AGENCY CLASSIFICATION: ALS Ground Transport (Inter-facility Emergency and Non-emergency) ADDRESS: 601 Children's Lane Norfolk, VA 23507 PHONE: 668-7453 ~~~~oC "",,[!lion ~~ C,. H ijr5 NUMBER OF PERMITTED VEHICLES BY TYPE: "3 COMMENTS: Does your agency comply with the minimum requirements as set forth in the Vindnia Emer2encv Medical Services Re2ulations. 12 V AC 5-31.2003. as amended? ~ES DNO ~~~~~~ ~ Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Eastern Shore Ambulance VIRGINIA OFFICE OF EMS AGENCY NUMBER: EXPIRES: VIRGINIA BEACH AGENCY CLASSIFICATION: ALS Ground Transport (N on- Emergency-Unrestricted and Emergency-Restricted) ADDRESS: P.O. Box 6 8426 Sugarhill Lane Sanford, VA 23426 PHONE: 787-824-5858 PRESIDENT: "'"" " ('_' L 0.. e. \ N"\. 'f r o..~ ~ ~ Dwni-s YAylo! \' \ T\ 'fifmgMet fL. T~ylnr - t.\.d" ~ ~~ o~ '-'e..., fY\ 0... ( -\- \ f"\ VICE PRESIDENT: NUMBER OF PERMITTED VEHICLES BY TYPE: '-0 o'r()l,)..nJ, Pc m\::u.\o..nC.e... COMMENTS: Does your agency comply with the minimum requirements as set forth in the Vireinia Emereencv Medical Services Reeulations. 12 V AC 5-31. 2003. as amended? ll' YES 0 NO ~O~NVL~n\)~n.~ ~~l'~ \-\.~. Name/Title \ 1-\ .1.. 5. D ls> Date CITY OF VIRGINIA BEACH DEPARTMENT OF EMERGENCY MEDICAL SERVICES EMS AGENCY PERMIT RENEWAL APPLICATION AGENCY NAME: Network Medical VIRGINIA OFFICE OF EMS AGENCY NUMBER: EXPIRES: VIRGINIA BEACH AGENCY CLASSIFICATION: ALS Non-transport ADDRESS: 1533 Technology Drive Chesapeake, Va 23320 PHONE: 757-285-3236 PRESIDENT: Norman PoolS) VICE PRESIDENT: Susan Pool. NUMBER OF PERMITTED VEHICLES BY TYPE: I A L S Arr7 ~u / WtC.Q. ~ e-. fr1<i;' c.2 5 W ~~ COMMENTS: Does your agency comply with the minimum requirements as set forth in the Vireinia Emereencv Medical Services Reeulations. 12 V AC 5-31. 2003. as amended? riis 0 NO i ~ '-/!o~ Date - 25 - Item v'J.6.a. RESOLUTION/ORDINANCES ITEM #55315 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of September 27,2006: Ordinance to AUTHORIZE temporary encroachments: Carl A. Eason and Katherine F. Ripberger into Lake Wesley to construct and maintain a pier extension, gazebo, floating piers, boat lift, et cetera, at 528 Kerry Lane DISTRICT 6 - BEACH Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 13, 2006 - 26- Item V.J.6.b RESOLUTION/ORDINANCES ITEM #55316 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments: Robert J. and Carol R. Quinn into a man-made canal in Lagomar to construct and maintain a bulkhead, dock and boat lift at the rear of 204 Entrada Drive DISTRICT 5 - PRINCESS ANNE The following conditions shall be required: 1. The Temporary Encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval. 2. The Temporary Encroachment herein authorized terminates upon notice by the City to the applicant, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the applicant; and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnifY and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 6. The applicant must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area. 7. The applicant must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00 combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. June 13, 2006 - 27- Item v'J. 6.b RESOLUTION/ORDINANCES ITEM #55316 (Continued) 8. The City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the applicant, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove the Temporary Encroachment; and pending such removal, the City may charge the applicantfor the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 13, 2006 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 (MAN-MADE CANAL) LOCATED AT 7 THE REAR OF 2404 ENTRADA 8 DRIVE IN LAGOMAR BY ROBERT 9 J.QUINN, Jr. AND CAROL R. 10 QUINN, THEIR HEIRS, ASSIGNS 11 AND SUCCESSORS IN TITLE 12 13 WHEREAS, Robert J. Quinn, Jr. and Carol R. Quinn desire to 14 maintain an existing dock and to construct and maintain a 15 proposed bulkhead and proposed boat lift wi thin a portion of 16 the City property which is a man-made canal located at the rear 17 of 2404 Entrada Drive in Lagomar. 18 WHEREAS, City Council is authorized pursuant to ~~ 15.2- 19 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 20 authorize temporary encroachments upon the City'S property 21 subject to such terms and conditions as Council may prescribe. 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authori ty and to the extent thereof 25 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 26 as amended, Robert J. Quinn, Jr. and Carol R. Quinn, their 27 heirs, assigns and successors in title are authorized to 28 maintain a temporary encroachment for an existing dock and to 29 construct and maintain a proposed bulkhead and proposed boat 30 lift in the City property which is a man-made canal located at 31 the rear of 2404 Entrada Drive in Lagomar as shown on the map 32 33 marked Exhibit A and entitled: "PROPOSED ENCROACHMENTS FOR BULKHEAD, DOCK & BOAT LI FT FOR ROBERT J. QUINN, JR. & Carol R. 34 QUINN", a copy of which is on file in the Department of Public 35 Works and to which reference is made for a more particular 36 description; and 37 BE IT FURTHER ORDAINED, that the temporary encroachments 38 are expressly subj ect to those terms, conditions and criteria 39 contained in the Agreement between the City of Virginia Beach 40 and Robert J. Quinn, Jr. and Carol R. Quinn (the "Agreement"), 41 which is attached hereto and incorporated by reference; and 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the 44 Agreement; and 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 46 effect until such time as Robert J. Quinn, Jr. and Carol R. 47 Quinn and the City Manager or his authorized designee execute 48 the Agreement. 49 Adopted by the Council of the City of Virginia Beach, 50 Virginia, on the 13th day of June 2006. CA-9868 PREPARED: 4/3/06 APPROVED AS TO CONTENTS ~/Tl'lI:~ C. d{MSOh. qb S NATURE P/,O REal {JJ!CJi DEPARTMENT X: IOID I REAL ESTATEIEncroachmentslPW OrdinanceslCA9868 Quinn.doc PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) .tt, A L THIS AGREEMENT, made this ;) Y day of ~r I , 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ROBERT J. QUINN, JR. and CAROL R. QUINN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "299", as shown on that certain plat entitled: "SUBDIVISION OF LAGOMAR - SECTION TWO - AND PRINCESS ANNE BOROUGH -- VIRGINIA BEACH, VIRGINIA", which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 77, at page 14, and being further designated and described as 2404 Entrada Drive, Virginia Beach, Virginia 23456-4222; WHEREAS, it is proposed by the Grantee to maintain an existing dock and to construct and maintain a proposed bulkhead and proposed boat lift, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City Property, which is a man-made canal located at the rear of 2404 Entrada Drive in Lagomar "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2424-12-0454 GPIN 2424-02-4573 (City Owned Canal) NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PROPOSED ENCROACHMENTS FOR BULKHEAD, DOCK & BOAT LIFT FOR ROBERT 1. QUINN, JR. & CAROL R. QUINN", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of 2 any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so 3 occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Robert J. Quinn, Jr., and Carol R. Quinn, the said Grantee, has caused this Agreement to be executed by their signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Managerl Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk t?o If ~ 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2006, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2006, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: ~ ~ day of ,2006, by Robert J. Quinn, Jr. PeA. C~ --'~~~ Notary Pu, 1 My Commission EXPireS('n. . '-,' , . 3\ \ 2;Otl~ .I I I 5 STATE OF VIRGINI-\\ I' · . CITY/COl n-.JTY OF V~\"LlL.- , to-wit: The foregoing instrument was acknowledged before me this dll~ay of ~f~ , 2006, by Carol R. Quinn. ~~~~ Notary . u lie My Commission Expires: "c>\,~~ APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFF IENCY AND fORM CJarme,' C. cJ0,U)'s/i", ~ SIGNATURE PID full Edde, DEPARTMENT (; :ILSERSISHARED\ W P80\RE\Real Estate FOI'msl WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc 6 \ \ ---- --- _-----J L MAN MADE CANAL7 ENCROACHMENT: PROPOSED BULKHEAD ENCROACHMENT 1 S 4', AREA=446 S.F. ENCROACHMENT LINE (ALIGNMENT: N67.27'51"W) f / I ) PROPOSED BOAT LIFT Exhibit A I ( \ \ \. "'------ CANAL OWNED BY CITY OF VIRGINIA BEACH ENCROACHMENT: PROPOSED BOAT LIFT ENCROACHMENT 1 S 20' ENCROACHMENT LINE PROPOSED 123.5' BULKHEAD MHW ON llio MLW BANK --- - EBB---, L..FLOOD- 3) KAREN DRAGON 800 COSTA GRANDE DR. (LOT\ VA BEACH. VA 23456 ':ZJ/ GPIN: 2424 02 8246 ---------- ,---- d. I EXISTING -t! WOOD DOCK , I fj I ~ I FENCE --1 : - Ii 1 ~~II ~~ I ~ ILr--- ~I I 81 I ~I I ~I I en I I I I I I I I rUYf \ I I \299.1 127.98' TO W~ _ _ _ _ _ _ ~ _ _ _ ~ ATWOODTOWN RD 568.20'OO"E 125.00' N68'20 Oon-W 125.0iY~ ---------lll ~ I~ :~ I M I 11'--- FENCE I r I jl 0 I M ~ III ~ I ~ 2-STY BR. & FR. I ~ b . _____-1, P '. . '.. ....:'.. I 0 240: ENTRADA DRIVE .......: \: 7~ '.. :....1 I ~ GPIN. 2424 12 0454 . .. .. ~ I I C\l - -. :. ." ~." _ .". .".. . z ~.>.:. ...~ .:.- ., I .- . . ". . ..., .. ..' . ..-.....::~ :..~ 'I I . .:... ... ..... . ", I . . .... .:' .<.4.. L..L- .~:: ::.> I I 5' EASEMENT, TYP. .' ." ", :~'~~'RON PIN, TYP. ENCROACHMENT: EXISTING DOCK ENCROACHMENT IS 17.5' rLOT \ \ 298.1 "- 1) JOHN NINAS 2400 ENTRADA DRIVE VA BEACH, VA 23456 GPIN: 2424 12 1379 ~ INTlCATES PHOTO ~ NO. & DIRECTION It PROPERTY LINE REVISED: 12/23/05 -ENTRADA DRIVE (60' R/W)- ADJACENT BULKHEAD rLOT \ \ 300.1 "- 2) JOHN SMITH 2408 ENTRADA DRIVE VA BEACH. VA 23456 GPIN: 2424 02 9459 GRAPHIC SCALE 20' 0 20' 40' SITE PLAN ~~~~ I , SCALE: 1"=:40' 1 " = 40' PROPOSED ENCROACHMENTS FOR BULKHEAD, DOCK & BOAT LIFT FOR ROBERT J. QUINN, JR. & CAROL R. QUINN MLW=O.O' PROJECT LOCATION: 2404 ENTRADA DRIVE VA BEACH, VA 23456 DATE: 11/28//05 SHEET 1 OF 2 c t.: ~ 9 ~ 2 , 1 / ~ <> -d ? -a 9 VI:) ~ 'v L.o) i~ G L 0 (,) <- -C. l,. \}i 11.1 U -.(Q ~ 4.l cr-" :r - d I}l ';:) .)- <;Y-..o J .:r \l >0 .~ 2. e ~ ":::J S L-, ~ rb "') l-h :s- '0 ~ :{ , l M v ill ~ ro --0 '4 + )' -J-- 'r' -1-- + f- x x ~ ~ 0:J L ~ !... -.) >< 0 'l' ::l. \$ '} ~ ~ 'V ~ T +- <;::' '1l 0 c.+ '\) ~ <-. 4 0 ') ) c;:."" <:).... " .J 0 ~ -0 - j J J C J ~ f QJ " L c f :::> u .L -< ..t. " ::L Q.. 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"~ c;S -<J ~ \$ .-.Q . t '. ~ )./; :s- (~\ 1 ~ - ... d ~I' 1 r:oi1 01 .::l Vj :r M N, ~ ~ ~ ~ ~ Cb c - ~ "- 9 ~\ I 'J- ~ -..j. k> ~ :-) \)' ..:L 3 () ~ '(j J J ~ ~ ~ U3L-t 4- \) . -.!l - ..~ -~) J \J V) \Y ~ <.... \5 ~ ~ ~ \l ~ 'to \S -tl \) t' ~ ~ C + \:;) 'v1 4- \} ~ ~ cJ 111 ; o <.. tl ~ ~ u ~ SJ \} ~ ~ --.... j 'v (2) 41 d "'" ~ I=> Q L 1:\1 'l) Q, ( ~ -0 + ~ c, -() ~ ...",. { is v () l .) '-l ~-J~~ I..t' o t ( ~ : ~ ~ f N - V'l ~j-i . "'f _A\ I.-. VI \) "1:1 0" :::: 1\ ~ ~ '-.J \j -...) d ) " <;.?.. C!lC-- ~ V1 _ ri .c "o:;~~ ,- \\) V .J.. t\-J-- -" 0 < ~ j '\) \) 2 ~D . r- ~ () i.T ~ G\" ~ . t<2 v o j v ~ d ~ oJ - -/J -tJ v.. LOCATION MAP ENCROACHMENT REQUEST FOR ROBERT J. QUINN JR., AND CAROL R. QUINN 2404 ENTRADA DRIVE GPIN 2424-12-0454 100 200 400 I Feet Prepared by P.W.lEng.lEng. Support Services Bureau 3/7/06 X:\Projects\ARC Files\Agenda Maps\Entrada Dr\Entrada Dr.mxd - 28 - Item v'J. 7. RESOLUTION/ORDINANCES ITEM #55317 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to REVISE categorical appropriations for the School operating fund and AMEND their FY 2006-07 operating and capital budgets as requested by the School Board Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorj, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 13, 2006 1 AN ORDINANCE TO REVISE CATEGORICAL 2 APPROPRIATIONS FOR THE SCHOOL OPERATING 3 FUND AND AMEND THE CITY'S FY 2006-07 4 OPERATING BUDGET AND FY 2006-07 CAPITAL 5 IMPROVEMENT BUDGET AS REQUESTED BY THE 6 SCHOOL BOARD 7 8 9 WHEREAS, the City's FY 2006-07 Operating Budget adopted by 10 City Council on May 9, 2006, required the Schools to reduce the 11 Schools Operating Budget by $7,116,408; and 12 WHEREAS, the School Board desires to decrease the School 13 Operating Budget by an additional $4,661,100 and increase the 14 School Capital Improvement Program by $4,661,100 for student 15 data management and the maintenance, replacement, and 16 acquisition of equipment; and 17 WHEREAS, the School Board adjusted downward by $643,642 18 its estimated revenue for Schools' special Revenue funds; and 19 WHEREAS, the School Board approved resolutions on May 23, 20 2006 and June 6, 2006 to revise the categorical appropriations 21 in the School Operating Budget, transfer operating funds to the 22 Capital Improvement Program, and to reduce the estimated 23 revenues in the Schools' special revenue funds. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 28 29 1. That the FY 2006-07 School Operating Budget is hereby 30 amended as follows: 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 (a) appropriations to the Instruction category are decreased by $8,590,598, resulting in a total appropriation of $530,110,311; (b) appropriations to the Administration, Attendance and Health category are decreased by $296,356, resulting in a total appropriation of $22,688,423; (c) appropriations to the Pupil Transportation category are decreased by $979,131, resulting ln a total appropriation of $32,574,425; and (d) appropriations to the Operations and Maintenance category are decreased by $1,911,423, resulting in a total appropriation of $87,503,830. 2. That appropriations to Capital Project #1-195, Student Data Management, are increased by $1,736,046, and revenue from the General Fund is increased accordingly. 4. That appropriations to Capital Project #1-211, School Operating Budget Support, are increased by $2,925,054, and revenue from the General Fund is increased accordingly. 5. That appropriations to certain School Special Revenue Funds are hereby amended in the FY 2006-07 School Budget as follows, with local revenue decreased accordingly: (a) appropriations to the School Communication Tower Fund are increased by $60,000, appropriation of $460,000; resulting ln a total 55 (b) appropriations to the School Athletic Fund are 56 increased by $179,500, resulting in a total appropriation of 57 $ 4 , 67 8 , 9 8 9 i and 58 (c) appropriations to the School Cafeteria Fund are 59 reduced by $883,142, resulting in a total appropriation of 60 $24,528,369. 61 Adopted by the Council of the City of Virginia Beach, 62 Virginia, on the 13th day of June , 2006. 63 Requires an affirmative vote by a majority of the members of 64 Ci ty Council. Approved As to Content: Approved As To Legal Sufficiency: ,// ,hm~8 K'.~ City Attorney's 0 fice CA10049 X:\PA\GG\OrdRes\School R-4 June 8, 2006 Board Resolutions ORD SCHOOL BOARD Daniel D. Edwards Chairman Dlslflcll - Cenlervllle 1513 Beachvlew Dflve VA Beach, VA 23464 4953551 (h). 717-0259 (cell) Sandra Smith-Jones Vice Chairman Dlslflc! 2 - Kempsville 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h) Rita Sweet Sellitto AI-Large POBox 6448 VA Beach. VA 23456 418-0960 (h) Jane S. Brooks DISlflcl 6 - Beach 721 Hilltop Road VA Beach, VA 23454 425-1597 (h) Emma L "Em" Davis Dlslflc1 5 - Lynnhaven 1125 Michaelwood Dflve VA Beach, VA 23452 340-8911 (h) Edward F. Fissinger, Sr. At-Large 412 Becton Place VA Beach, VA 23452 486-4567 (h) Dan R. Lowe Disttict 4 - Bayslde 4617 Red Coat Road VA Beach, VA 23455 490-3681 (h) Michael W. Stewart District 3 - Rose Hall 105 Brenlwood Court VA Beach, V A 23452 498-4303 (h) . 445-4637 (w) Arthur T. Tate At-Large 1709 Ladysmlth Mews VA Beach, VA 23455 460-5451 (h) Carolyn D. Weems AI-Latge 1420 Claudia Dflve VA Beach, VA 23455 464-6674 (h) Lois S. Williams, Ph.D. District 7 - Princess Anne 2532 Las Corrales Court VA Beach, VA 23456 816-6107 (cell). 9613734 (w) SUPERINTENDENT Sheila S_ Magula, Ed.D_ 2512 Geotge Mason Drive VA Beach, VA 23456 263-1007 ~IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE BUDGET RESOLUTION WHEREAS, the mission of the Virginia Beach City Public Schools. in partnership with our entire community, is to ensure that each student is empowered with the knowledge and skills necessary to meet the challenges of the future; and WHEREAS, the School Board of the City of Virginia Beach has adopted a comprehensive strategic plan and school improvement priorities to guide budgetary deciSIons; and WHEREAS, the School Board has studied the recommended FY 2006/07 - 2007/08 Biennial School Operating Budget in view of state and federal requirements, additional demands for space and operations, the strategic plan, priorities, expectations, competitive compensation for employees and the best educational interests of its students; and WHEREAS, the total funds available for FY 2006/07 from the City of Virginia Beach to Virginia Beach City Public Schools under the Revenue Sharing Policy is 536.5.105,021; and WHEREAS, the debt service payment is estimated to be $40,282,967 leaving a balance of 5324.822,054 to allocate between the Operating Budget and the Capital Improvement Program. Now, therefore, be it RESOLVED: That the S324,822,054 be allocated as follows: $307.224,646 to the Operating Budget, and S l7,597,408 to the Capital Improvement Program (CIP): and be it further RESOLVED: that the Virginia Beach City School Board requests a categorical appropriation of 5672,876,989 for FY 2006/07 from the City Council of Virginia Beach for the FY 2006/07 - 2007/08 Biennial School Operating Budget, as outlined by category: Instruction Administration, Attendance and Health Pupil Transportation Operations and Maintenance and be it further RESOL VED: That the School Board of the City of Virginia Beach requests an appropriation of $10 1 ,067,314 for special grants, and other special revenue funds, for the 2006-2007 fiscal year; and be it further $530,110,3 II 22,688,423 32,574,425 87,503,830 RESOL VED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Bard this 6th day of June, 2006 SEAL Attest: \ ~Jp.~~_ Dianne P. Alexander, ClerkJofthe Board Sch()()1 Arlmini,rr~ti()n RIJllrlino . 7S 17 (;p()rop M~,()n nrivp . PO R()~ f,O,R . Viroini, R",rh VA )H~h_flfl1R SCHOOL BOARD o.m!elll.Edw~ds Chairman t;;slr.~ j, Cen~i!:ll 1$;36r.:adl'iltw: ();V~ VA!l$lClli \lA ~iM 49S'-355t (~l ,; r1 r.o::Sll(Ul.l} $aildraSiIIltll.JCJ.'tit VlCfCii61imall Dlw.ct2 ~Ke:lli>svi~t' 7tl5f~ ~OJ~rt VA H<iadi; vA. 234f!i ~w,.:.s15rlhl R!t3Swnt Btf.illIl ;6,Ha:ge ?Q.llod44$ V/... Be8cll VI( . 23456 ..:!~(hl Ja.~eS. 8r!lOlt$ 'Oi~e; Be~~ ni Hin;op~ VA~I(V.O~S4 4:!$;15!t1.(~1 .Emma t.. "Em"lJ;.vl$ w;tfC.t5 .. ~Y!l/1t.<I'Jl}R j1lSM;C/1~Drv~ VA ~!li VA ~a452 34&-M'; I (11) . . . . E:d_4F.~1~9~~' Sr. !\t,~ m a~j>'.ace VA ll~ad', VA 2345;1 48$.45G7I11; . DanlUoWlI ~i(ic\,4, B~j:!& 4l!llRed C,(l;l!ROild vABeacl-. VA 23455. 49n-36l!1 (!II M!dt!elW, $ttwad OlMfd3~ ~efi.a!l 105Sret.twllOll Ctll!t iI.\~V.('2)\$:! 40043CS{~)..~W (wI Nt!lllt l;l'ite "'H8!'~ 17t.."'S :.ac\'$milhM~ VA Bea:ti.V.~23~1j5 4~;;'S4S11~1 Carolyon. Wttills Ali~llrg& ;4.'(lClillidiaC.~I.,;e VA!lil~'l. 'VP<2345c 4/lA./l674 It.; lelss,lI'm18ms, Pl1;O, ~~iio..11":pii,1f'~s Anri!:. 2632 L~ Oli(~~ Goosl. Vt. Be;l:~.vf,r..,4$1l 61tXil ott~);' W~~3134 (.....1 SUPERINTENDEMT Sllell~ $.ff4lJulll. .Ed,!). ~1~ Geo,;1IIle/kl$9~Ori.~ W.'$rt;t,. \/1<23456 ;'>3-1':j01 +IRGINIA BEACH.. CITY PUBLIC SCHOOLS A H E ADO F T HE 'C UR V E ') :: i ~ I 1 BUDGET Rt~SOLUTION \VHE.MASt the mission oithe YirginiaBeach City f'ublicSchO()ls, jnpartlv~rship\vithourentire community, ism ensurethat'etlch sludentisen'lpowered . with . tbeknow]edgea'nd $'kHI$nel~eSSary to meet the d~l1enges otdw future; and ,"VHEREAS, the $chOQl Board Qfthe Cityof Virginia Beach hasaaoptcda C6nrprehensive strategi.c phmandschool improvement prit)rihcs to !>~jdc budgettltyQeei!>ions; {jnd '\<'nEro~ASt t:1e ScMol 13mtrd has. stnqicci. tll(~ reCOmmClldcd<I1Y 2006f07,.. 2007;08Bi~nnilll School Operating Budget illViewQf ~tate' and federall'equirem~ts> additional ,demands for space and .opei'ations,thestrategicplan,priorihes.t.~xPt1ctatipns, cPfflpetitive compensationfm: emp lo)'ec$ alld the:b(1it edUCational interestsClf itsstudcl1ts; . and W.llEREAS,thetoful funds' availab1efor FY2006101tt:Qn1 the Cit)' of V irgii'iia . HeaenIo Virgihia 13e-Jch CityPuhlic$dloolsundert1,,"~. Revcnhe Sh<~ringPoli:cyis$365,105.021 ; and. . WHEREAS,thedebt~ervic{': p<J.yme'rltisestlmated' to. he S40,2S2;967lcfwinga:ba.lailceof $324;822,054 to. allocate between the Operating Budg(~t~ndtheCapital IrnprovemthtProgr~ul1, N()w~ . therefore, licit RESOLVED: Thut the. $324,.822,054 he all()catcdas follows:. $307.224,646 to the Operating Budget, and $17,597AUg to the Capital. Jnlprovemcnt PrQgrarn (el?);. and be it further RES()LV1;a)~ .th~t the. Virginia Beach CitySchoo I Board requests ~. categorical appr<>priation .of . $672,876,989 .1'QrFY20Q(ii07 from the CityO)\.mcil. ofVirginir. . Beach forih(~ FY' 200M) 7 'n. 20Q'7f08 Biennial SChQ()l()peratin~ HUdget,. asollUincli by category: Instruction $~30)179/lS3 Adl11irtistratlon. At1L>y)d~!ncc and Healt1 22.688,423 Pupil Transportation 31,S 04,9.53 Operation~andMai.TlteJ.1artce87 ,503.830 and be it further lUCSOl;VED: 'fhat theSthooll'loard. of theCityofVirgiuia Beach requcstS01n.apprl..1priatkm \11' $101,061.'314 fot'special grants,.andothefspecin1tevenueruntii:;f/)rthe20(j6~1()07 llscalyt.'at; atld be it Jurther RESOINEU: That: a copy of this reso1liti()n be spteadacms$thc ()m~iaJ mil'nii~Rf.>f' this l~o~rd, und the Clerk-of the Boar4 is directed l() deliver a <:opydf thi s resoh.itibh to the Mayot. each nwrnber M CityCQuncil. thcOty Manager, and the (:ity Clerk SEAL Att.est: ll., "",-'._ . 9(AdAII...:.... ./.. ~-,-,.,-,.",':""~~ D1allnC Po. Alexander, Clerkofthc.Board CEATtFIEOTOBEA TRUE AND CORRECT COpy ,..... "(. ,. t/ (::t){:.A:.......~..;..:.,,:.).{~:...~....*,;. M;"~~~~;~S'f0i+d SchOOi Admhlistr:itlonBoildir.g v 25Jl Ge6iget1:aronOriV!!'P.Q. 80lt 6038' Virginia&4ch.VA23-15c6.oo38 SCHOOL80A.RD 0llI~1 O.Ellwatds Cilaimuill 00l~~ f;~le!',~:ill IS13Be,:ie!i~-kWw:ya VA.~ VA 234M 4~S;35S1{!>l.71M159 (d;11) Sandra $1lllll!.Jl)lll!'\ y~th8rffi;ri !)si.~:!,,~wi(l. 1(!:SRoi;kC(~ C'J;>Jll VASeam,V'A 2346~ 4SM167 Ill) Ritdwtet.1l!l11lW .~LarWJ p,a llllic6<<8 VAllI-~V;A, 23456 A;e-{,~{k~ ;Lai!ts.lltookf ~Jlci5..~. m Hs11li>> ~ad VA. ~h. VA 2340.< .42s.:;591(3) Emma L:~ "Em" Callis ()#~ 5 .l}'1lilt~" 11 ~S t.-liell~",'OOd l),.e Vo\~h.V~. 23451 340$11 {~} EllwvdF. Fi$$ir~er;Sr, AH.3tge 41:i!Ile<;Io!!f'l~ VA Bea::~VA 2:1>152 4a5.4Wi{!l} OiiIlR. L1)Wll 0isi3iCl4. e~~e 46r7.Reel COalROa<I VAB&#h.VA. 2345Z ~3C&il~} .. ~W.SUw311 OJ&lrict3 .R.;l$~!is:: ;%l'l~Cood VA.B&~il.VA 23452 49e.4$03{~l.lt5:4637lw) ~llrJ.T$l. At'lqI 11:.lS la41~miltl"~m; VAOeach; VA, 234.!\S ,tuo.,$4~ 1 (hl CIll1lfyn O. 'Na~$ },l~~ ..,. t4.0 '~lJUd:a:"rl'le >iA!lGaCn. Vt,2~4.~5 4i;4;6614!~) Lol$S,Y;illllllS; Pb,O; D!S!fict t .; Pr.OOlliS .~~e ~5~2li\!;C<:rr~ C<lu.1 VAile;lc~, 1if<~MM 81s,,61!l7(cclJ)6Wi,m4(W) SUPERINTENDENT SMiIilS;"IIg~I.; E4,f). 2$12 ~Masu.~ o.tM VA 6a~Il, VA 2;jll5~ ~1j}~1 9IRQ.'NJA. Se*CH CITY ..PYBLI~SCHOQI.S AHEAD OF THE CURVE C!?RESOLUTION W~E~5A$,.the ffiiss!oncf ttleVirglnia Beach Cily Pub~:cS<:tlOOis.in partnership ",lll1oBr Mike cOmrnuoity, is tQ . ~nsureJhat each studenfisempowered with tile . k.nowled!~e art.'1 skill" necessi.lIy'1O meet the cha::enges oftt\e future; and WHERE;AS,theSd1lX>l B~rq h;)saoopl('la ~lCbmprehl:msiVi~ strategic. p~all and' school ir,1proVernt311t Pi"ibdil$$IO guidebuPget~l"(decis~?ns; ar.(j WHEREAS.lheSthool B@:'d ha$$llll?ii;!(ilhe n~(!$(lf tMOPO/'Ellirlg e(1ogel<;3nd lhe. CapJtallmpmvemetl!. Pt(jQram in light of lheavallable fulidir.~Far:d . ,.. WHEREAS. the. total fu!ldsavaHao!e fot FY 2006107 fmm thil City QfVirgii1ifi$E!achtoVifGihiaB.eaCh City Public SchOOls uoder.theReveot.ie Sharing Policy as adopted Qi1 M~yH, 2QOeby lhElCiIYCotincilis$365.105,021;and . ~VHEREAS; the May 11 ;2006 qtybvoQeipruvideQa. di$i{ib(;tiol~ from thaS;:mdbridge TiFful".dbaiame of $~ million. Of\\IhiCh$4,661,10Cl is al~led to 1~ScnoorBoardbY applie:allon oHM R(!Vf,mueStiaring Formula; and WHe:REAS. .theS~QQlBoard has. discretiCJnover the alloG.<Jtibfld lhe Riw~i'll)~ $hc'1riOO Formula' funds' net of the debt $e(vi~eanddiscretion over the use of the $4./;' Mfl'Otn t.r-a fondoaianr..e;and . WHEREAS,theS4,654 ,i00 is avai!abletb funditerriSrmn<:l\!ed from the March 7, 2006q){i!tating 8069<:1 to balance fa the available funding;ar.d WHEREAS. the SchOol Board. re~ni:z;e$ the age ~nd CotdltiqnOf its hlgl;. SChools. as a Sigr'ilficam fuhditl{jchelll'JngEl. . a~ thesam~tim9nwmpersal$()ackncWledg(;)tliatioo(de( to m~~tt!:ie CIPapproPI'ft:ltedbyqIYC(l~r1Cilthc.PfOjm;li' . . desigOHIE!(i aJ)'Repl<lc~mentHigil S<<;:hpOl, .must..bedeferrmt l4o\vever; th~ScOO()1 Board also realii!:l3$ tne.lmpor.ance. . OlthisPfoJet.i. to I~ fiiture()f Iheciiyaiidtherefore;remairis cixl1mittedto ft-.ad(lr$sfng Ihiii$sueiritl1e r10,lct CiP" bUdgetdeveiopmentcycts, . Now; therefore be it RESOLVED, ThEiHhe$365,105;021h FY 06107 .Revenue Sharing Funds .bealloca.ted asfollDv\ls: DectSeiviCe $40,282,007. PAYGOCIP $ 17,597,40$ Operating Budget $307.224.646 (il1d be it further ReSOLVE!);. That the. $ 4.6ol,1CiO appropriateo totheSci1oo1soo Ma~(11i 2006 be used forme fOilOW!!1g pllrp.~lses; ,. $1;736.04616 ClP1c 195$tud.~l1t Data Managerne.l1t Syste.m ,. $1.014:r15tciCIP1'21~. 1Il)f,JilclrepiacElI'!)eni.ofcopiers . $. ~1O() ,000 to CIPH!t1 . to fUfloequipmelil rep!acement,malntenanceal1drcp<:'lir fo( fo-.?d$et"llices. eqlJipineo! .$ 59(}.339 !p.CI? 1:21Hor Gef!!~l'atMainter,aricea.ndRepair ,. $. spa.ooo to CIP1~?; f!f) flltlll replacement cfRisographs . $' t :?O;fl(JOtnCIP '1~?lt. tp fuqdpufchase .and replacementcf tustodl~l equfp!'I113r.t ,md be if further RESOt veo: Thatcl copy pf this resclu!ioht)e spre-ao aCl'ossttleoffl()(<lll'llll1iM',s,d tt)~<;f.3<)arO, ~il)r.l the Cl$rk. ohM BoarQ lsdjr~!ded to delivera. copyort!:iis resbMion to thH M'lYOf,e$ch memtwof City Cc:1.lncH, theCily Mi1nagm', .. Ellld Ihe City Clerk. AdQpted byth S.EAL . 'ATAUE ANDCORHECTCOPY.... . Attest .. .. ~.....p~ . . -. . . . , - -. .... ---'-;-;'d:' . . . ..,. ....... ... ... .. ..... .. .... .'. '.. . .... Dfanne P. Aiexande('.Cler~ of tlleSOi;lf(! Clef School Adrilinfl;tratian . Building' · '15 n Geo~e M3!ion Dri'-re . P.O, So):' 6038 · Virginia ae:ll::h. VA 134%-0038 '" - 29- Item v'J.8. RESOLUTION/ORDINANCES ITEM #55318 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE the acquisition, by purchase for public purposes, a portion of property at 420 Thalia Road from Thalia Trinity Presbyterian Church; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None VJ m m VJ :r m m -l .... o -n N -n o ;;>:l z 8 m VJ :> z o n m ~ -n 8 <5 z VJ o ~ J ~ nn ro~ ~8E " > ~:::~ ~~~ "''''2 "''''0 ~~B ~j~ "1~8 ",,,,Z ;:;~i . . " <D"'m '-,!"l;!j ~"'~ "'00 ~~c ,,!~(Il ;:; ~",n "''''~ ~C>z '<'-,!"! :t n is ~"'~ "'~o CoCo!; <D-Z - -" :i! ~ " Q F:! q !il !il ~ c ~ ~ Pi ~ !il ., El z ;: ~ 9 ,; ~~ >> " g )l ~ -i ! ~ ~::. ~~~- ~ ~~~'~~~ e z;:;~_;5 OJ ;:U ~ ~ ~ ~ ~o ~~,; ~ ~ ~ ~ S~9 -' ~ ~ ~~~ $ ~ i';:~ 2 ~ ~ ~ ~ ~ ~ m 1! i i ! ~ ~ l ~ -r ! ~ " ~ ~ } :::: Z t" t" ~ C '" l\l ~ " Z '" " ... '" 0 ~ ~ ... ~ C '" ... ~ ii!i '< 0 ~ n ~ ~ i\ ~ I\? "! <l .. .. .. '" :!: l\)~ ... i:i N ;,. I\? "! "1~ mZ . I -~ ~~ ;4~ ~1l 6~ ~ " O~:i!~ ~~mm !'l.. ~ ~ ~oi!g ~~~!1! Cl~ m 51 - Iii Pi e ~J: c~ Fl~~~ !il~~~ ~~ ~~ ;;;:R~5:! 2~~: Clg 0 ~ ~~i!~ "'m m 6 ZOlnZ 08~~ Z ~=1 ~Q~~ ~~!il~ ~~'ii i:;0:i! tHo; :i! ~~ m 8- ~B~ 6~C5 ~<~ ::l 0 ~ Z Z " o ill ~ ~ !il ., ~ z ;: ~ n " ,; 1\ z ;: ~ EXHIBIT A VIRGINIA STATE Pt.ANE COORDINATE S't'SnM, SOUTH ZONE Nt\D 1983 /93 (HARN) ---- 4= D- THAlIA ROAD (70' R/W) MB 41 PC S6 .... :l: > ~ ~O ?' ~ '" ~ ~ ~ N 00.26'20" 11 N 00" 26'02" 11 3B6.23' , 104.98' (F) I . :.:~ ~ '24.06'S [. m . ,0 " Z I R. go 0 J " I~ ::! t"_ ",iQ 'li ~ 8 ~ I ::: 6~ S~ ~i : ~ l n ~: ICIJ" -t:;t : ~: : ~ ~ ~ ~. 'm::::' :::* ..... ~ Sf Si 1 0 ~: :~,:: .... ~ i : Of~: i ~ 0 g: !~r~! e -.-----..-.---.---... ~ :1 f- i' ;;: i! ~: :"1:' ~ ! ~ B ~ ~ ~: :~! i /-';"~ z ~I' g I -- e C1 0;) =1 rn: '(L' .............. ~ - v' ~, "0 0 l1' I I .', 1" S" 6 ~ e: ~ : ~. P Z en :-c ~ tn. If: =:1 : ~ ~, : I ~ .... ~ )> :s ~: : t--~ -= \0* ~ ~,: : S:3 ~ .'" ~ ~ g:~ ,.....,~ ; - 0 ll'l" -t \ J .z .' lit ---.!' .m : e '";-I m > ;(i .~ J I~: n ..-.--------------t · - '" w '" ;g'la '~. I :ll ~ : ~ 0 > ~ ~ !li !t:!! S~ 6 ~ al! ~ 8 ,~ ,g,~l m ~~ :: ~ ~i CO 8 ;~ i -: i ~ ~ 9; ~ ~:~: f;- I f ~I", , , , . 35' I ~:~ : : : ._.~-------~_..~ ;:~ : ! : :t 'J ;C4: ,~ I . C) ! E: ~ ~ :j:~ : e:6 : !c;,: ~ fa > S~ : :!~ : : ~ :~ : ;~Jl Si~ ." ~ .. -, ,. - ,.... I ..... oR ~ 0 ~ ~ 9 ~! : r 24.00' Z :8 : ;;;;i ~"~ .!:!.~ 0'0 . r IT r~ I ....., Ot '" -..~_.-.....-----~~~~~:L.. ~ ;: :~ : ; : ~ ~ .,/ Sl . -. -..----.._.._.._.._261.66' ::1 :- :i/' : - // Sl ~..,z; s 04'17'12" lV.._.._..~"-""--"_."_.~" 75.42': : t l./.~' ~ 5~ :": Q) 396.30' " ,~"-"..a-..~' 6 S -q.. ~, ~', ',: r.: -f . U1' 'I 01 .~\ ~, I 11:""'.""" g'I' ~ 9; ~', ~:~ ! o : z " · L!::i1~~_ -.:F&lMJng 5' ~ --.-------..---~~ ',~--;.J_;~:t,~-:-:~.::--.::!~-':~73 "B- 51) S -.zi.; : :!: &dstIngs:~;~--- Z 'f-. m ~ ~ ~ . I' I ( B. 41 Pg. 56) S~ ~;~ ~ en : :!!o: 0'0* :;j:' ~ Q~~ '" :":~' ~ <Ih-;~ -~ E~~ j i~;.;! ---f C') ~ ~OC : it:J:-: , ~ ~ ~~::i ::!: ~ ; In ~ ~ 9 ~ ~~s: ; L: 6~ ;s:: a ~ ~;:o >=i~~: :: '~"_ -< ~ 0'" - ~ :::J ::':l () i;2 > I' ~ ..... ~ rr ~:~ ... r1 ~ ~ m =< tT1 ~ :: i : ~ -'-_" .....-...._~ ~, ~ rlr. b r- ~ ~ ~ : iCJIIo4: ~ - , Vi co OJ :;: fi1 . iColINt.::& C'I ; ~ w rl ~ ~ : :~!g:, ~q ! : ~ R3 ~': :C1!i..:: ~f ~~ f >: : :~: ~f ;;: * , 0 I " ''''1 ~ . 1'1 U'l ~ : :;: ~ :r . I f:-.l.. "'): : : f^: .~------_. ..... . r'. 0 ~r 10'PU6UC DRAINAGEEI\SEMfNTHEREBY : : ;.i3: ~ -li~~~~,~~~!~~~:~~~~~~~~L4BfAeH ! ! i!! ~ ~~ '1".-.~.----..1!.2<l:..iZ:a::J( ---- -----------------------___J "', ~t : 130.68' (F) - ~T --.-----..-._.....3.~lL6_:r (n ' , e: . ExI$L3O'Utility&:OraInapEasement : : 189.51' - -. UI ___, (M. B. 174 PC. 40) ~ - ,/,/,'r -- _ _ _ _ _ _ _ __ _ _ _ _ __ ~ ~ 11/ - w ~ ~ ~'~ g . -i ~ ,... 5= :!: ~ ~ ~ o '" ~ ~ ~ fl 2l ~ ~~ ~ ~ 9 Z S~ -< >l> A .'1' ~ " ~ S~ mf ;;: ~ ~ ","" ~ a5= ~~i o '" \ __.,__-'.. __?.!.:4?~(!.)_ : S 02" 47'14" 11 1 ~ ~ Z " Q I ~ I C1 I s: ~ ." ~ i:l 0 :r Z n J: ~ ~ g c: i!i ~ !;; J: m ~ S & n Q Co !~ ~~ ~ ~ 6- -<1: ~, ~ ~ Z ~5~ *R~ ~O G1lli i!i ~ ~ ~ -= >: 'J z.. ~~~ '" > '1'~ m 'I ~ : 'I I. " ~~ :ll ~JIl ~gS '(') :::,.. *~m ~1i1 j :t p'" > :<10 ,... ~2!! g 5= .;;j ~ A 0 .9 Z :i! ~ III a ~ m .. d :;i ~ p ~ :c 2 m CIl 8 ~ ~ z ~ z a ;l! ~ z c 0 '" Z ;Z 3 Q 3 -I :c > r- 5= '" p ~ ~ : a ~ co r€ ~ ~ ~ p;;!-fVi _Ill 0 0 ~ ~ z Z 0 :c -n o :!: m CIl g~o~" ::;z P.i>> 5 ~ "'.... w.... f1~fJ~g~ ~ppH fJ~~B~ ~?fL- m n C1 Om 'l z !:l 0 ~ ~ EXHIBIT B SUMMARY OF TERMS Purchase SELLER: Constance Kistler Bradford, Cheryle Lyne Mack and Vickie Cunningham Rader, Trustees of Thalia Trinity Presbyterian Church PURCHASER: City of Virginia Beach PROPERTY: Approximately 6.11 acres located at 420 Thalia Road and identified as GPIN 1477-96-3587 LEGAL DESCRIPTION OF PROPERTY TO BE ACQUIRED: "PARCEL B, 134,331 SQ. Fr., 3.08382 AC., GPIN 1477-96-5596" as shown on that plat entitled "PLAT SHOWING SUBDIVISION OF THALIA TRINITY PRESBYTERIAN CHURCH (MB 138, PG 18), VIRGINIA BEACH, VIRGINIA" dated February 24, 2006 SALES PRICE: $985,000 CONDITIONS OF SALE: · The Property shall be subdivided at the City's expense in order to create a new lot for the public park site. · The City will acquire the parcel described as 3.08382 acres, to be known as Parcel B, and the church will retain the remaining 3.00000 acres, to be known as Parcel A. · The City will be responsible for the cost of the title report and owner's policy. · The City shall submit a subdivision plan for review and approval by the Planning Department prior closing. · A 15' public drainage easement will be dedicated to the City by subdivision plat. · The City shall prepare the agreement and closing documents. · The City's property (Parcel B) will be used for a public park site. The public park hours will be from dawn to dusk. · The City will be responsible, once the property is subdivided, for removing any park equipment, grills and tables, etc. from the church property (Parcel A). · The church will reserve a 20' utility easement for the benefit of Parcel A for an existing sanitary sewer line. · The church will dedicate a 24' public ingress/egress easement across Parcel A to be used for pedestrian access and city maintenance vehicles to Parcel B. This easement will be located within the drive aisle of the current parking lot and any future redesign of the parking lot. Any redesign will be subject to review and approval by the City of Virginia Beach, Department of Parks and Recreation, to ensure similar reasonable access to the public park. · The City will share equally in the cost of the maintenance and upkeep of the 24' public ingress/egress easement crossing Parcel A once the church has completed the redesign of its parking lot, subject to evaluation and sound engineering judgment, subject to funding availability and subject to appropriation. The City will also share equally the cost to cover the 24' public ingress/egress easement in sealant every ten (10) years, subject to evaluation and sound engineering judgment, subject to funding availability and subject to appropriation. X:\OIDIREAL EST A TE\Acquisitions\ WORKING - DEEDS\Open Space Project\RP5830 Thalia Trinity Presbyterian Church\summaryofterms.doc 6- 8-06; 1 1 : 43AM; Rea I Esta te Law Annex ;4274456 # 1/ 1 / I "=- I I ~~ 11 ~ / '--- f---., ~' ~ ~ ~ ~ T ~ r;[}):(:v ~ r:: --,,,"" ,,-,I I ~ ~ "=-.1 C/---; mmm ....... i I ~ :iii:i:::i:::ii:::::i:::::f::::;:~::t:[:::iiI:i;i: :;:ti~~:i:i:~:::i~;;::~:;r' :::':" I N ~ ~ --"1" "_m_ ~~I ~ ~ I 7 '1. 1W~~a ~~~ ~ ...................:.:.:.,.,.,.:.:.:.:.:.:.:.".."..:.:.:;.,."'....,,.,.:.:.,,;.,::.,:,... ~ I" ..=-- ~ ~~~~~ /;, -~ ~~ ~'"I~ ~~ ~k 1 t-\ ~ '=!::: ~ - 'V-~"~ fff1 = ~ :::j 7/1 ~ ~ ~ . \B3'~ ~ ~ ~ l~ V I # I VIRGINIA BEACH BLVD. c ~ , ~ '1(J r-- \ ~ QdJ - ~ ) - r--- ~~ f------ r--..:::: I t--- - r--- ~ - ~Y1 I-- I--- /'---1-- - / ~ [ M L~!~I~} 1 f---- f ffi ~ I / ..............., ~ / ~ 1 u= MAP I-- ~THALlA PRESBYTERIAN CHURCH r-~~ - - - GPIN 1477-96-3587 SOUTHERN BLVD. ~nl f-- OPEN SPACE PROGRAM SITE \ I \" ~ [~ I-- ACQUISITION -----j f---- ===j I--- ==1 ~IIH I\~II~ SCALE: 1" 400' II IH III E === I-- - - 1 I IIII 1== == THElUt\J CN'd.Jj!l.CH.DGN M.j.S. PREPARED BY PIN ENG. CADD DEPT. M~ 9~ ~.DOO05 - - - ----- - ...-- - - ----.--- .-... --. -- ...- ------ - 30 - Item v'J.9.a/b. RESOLUTION/ORDINANCES ITEM #55319 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances re Williams Farm property: AUTHORIZE the City Manager to SELL a portion of City property at 1068 Newtown Road to the Virginia Beach School Board re a new Elementary school; ACCEPT the dedication of a right-of-way; and, EXECUTE all documents pertaining thereto ESTABLISH a Capital Project re Williams Park Improvements and APPROPRIATE $1,264,972 from the sale of property re park infrastructure development Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None .T1Jnp 1 ~ 7nnfi 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 WHEREAS, the City Council is of the opinion that the acceptance of the dedication of the Right-of-Way will promote better use of City-owned property and the overall improvements on the Williams Farm Property. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council authorizes the sale of the Property pursuant to ~ 15.2-1800 of the Code of Virginia (1950), as amended, which Property is shown on Exhibit A attached hereto. 2. That the City Council authorizes the acceptance of the dedication of the Right-of-Way pursuant to ~15.2-1800 of the Code of Virginia (1950) as amended, which Right-of-Way is also shown on Exhibit A. 3. That the City Manager or his designee is further authorized to execute all documents that may be necessary or appropriate in connection with the sale of the Property, so long as such documents are in accordance with the Summary of Terms attached hereto as Exhibit B and acceptable to the City Manager and the City Attorney. EXHIBIT A EXISTING RIGHT -OF -WAY NOW OR FORMERLY GPIN 1468-82-2230 CITY OF VIRGINIA BEACH INST. NO. 200401290015999 AREA=640,429 S.F. OR 14.702 AC. PROPOSED NOW OR FORMERLY ~\ PARCEL 1 A GPIN 1468-82-2230 " CITY OF VIRGINIA BEACH \ INST. NO. 200401290015999 \"-V--'---I, ~O.p \ ;fo.~ ~ ,1-0 ~q; HEWTOWN ROAD EL.a.I:NTARY i SCHOOl.. srre PROPERTY LINE TO BE EXTINGUISHED 1-.-_ ~ -..-...-...---.. 1 .. I PROPOSED '\ THREE SC~OOL RD. I'. RIGHT-OF-WAY ': ". , f.............~...........K AREA... 133,667 S.F. '. OR 3.069 AC. >.~;:: \ t'; PROPOSED ' /'F'.{~~ PROPERTY LINE \ , .' .. ,.,,~' PROPOSED \ 'co. ;~ .,',c.' 1 .; '.~ PAACEL 1 0 ' -'--. \ "" " . ./ '\ ./ "v/ \ PROPOSED\ THREE SCHOOL RD. RIGHT -OF-WAY DEDICATION AREA-120,230 S.F. OR 2.760 AC. I NOW OR FORMERLY GPIN 1468-82-2230 CITY OF VIRGINIA BEACH INST, NO. 2004012900 15999 CJ ~ ~ PROPERTY TO BE ACQUIRED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH '" PROPOSED RIGHT-Of-WAY DEDICATION BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH EXHIBIT DEPICTING PROPERTY TO BE ACQUIRED BY THE SCHOOL BOARD OF THE CI1Y OF VIRGINIA BEACH FROM THE CI1Y OF VIRGINIA BEACH DATE: APRil 6, 2006 SCALE: '"=500' 500 0 ~ ~ GAAPHIC SALE REVISED: APRIL 28. 2006 LANDMARK 5544 Greenwich Rood - Suite 200 Virginia Beach, VA 23462 Tel. (757) 473-2000 Fox (757) 497-7933 Emoil: Imd90londmorkdg.com 4029 Ironbound Rood - Suite 100 Williomsburg. VA 23188 Tel. (757) 253-2975 Fox (757) 229-0049 Email: ImdgClandmarkdg.col.:.\ DESIGN GROUP &lgIneers . PIiwlners . ~ I..andsCiIpe An:M2as . EnWonmentaI ConslJItants DRAWN BY: TH CHECKED BY: ESP DRAWING NO: 31789 PROJECT: 2004013-004.08 EXHIBIT B SUMMARY OF TERMS AGREEMENT FOR THE SALE OF APPROXIMA TEL Y 17.7710 ACRES OF PROPERTY LOCATED AT 1068 NEWTOWN ROAD VIRGINIA BEACH, VIRGINIA OWNER: City of Virginia Beach BUYER: School Board of the City of Virginia Beach SALE PRICE: $1,264,972.00 payable at Settlement by check. SETTLEMENT DATE: June 15, 2006. Due Diligence is 90 days after contract fully executed. Settlement to occur within 15 days of that date. SPECIAL TERMS AND CONDITIONS: · Dedication of the Right-of-Way occurs on or before Settlement. r ~ .Ii ~ o o ~ ~ ~4> l) J4> o R 0 A D DEVELOPMENT PLAN WILLIAMS FARM . 15 NOV 2005 DEPARMENT OF PARKS AND RECREATION NIRGINIA BEACH CITY PUBUC SCHOOLS WPL LANDSCAPE ARCHITECTS LAND SURVEYORS CIVILENGINEERERS cr m m ~- 110O' I 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT #4- 2 046, "WILLIAMS PARK IMPROVEMENTS," AND 3 APPROPRIATE $1,264,972 FROM THE SALE OF 4 PROPERTY FOR THE PURPOSE OF PARK 5 INFRASTRUCTURE DEVELOPMENT 6 WHEREAS, the City acquired the Williams Farm parcel 1n January 7 2004; and 8 WHEREAS, at the time of the purchase the City committed to 9 selling a portion of the Williams Farm parcel to the School Board 10 for an elementary school. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That Capital Project #4-046, "Williams Park 14 Improvements," is hereby established. 15 2. That $1,264,972 from the sale of property to the School 16 Board is hereby appropriated to the FY 2005-06 Capital Improvement 17 Budget, Project #4-046, "Williams Park Improvements," for park 18 infrastructure development, with revenue from local sources 19 increased accordingly. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the 13th:1ay of June ,2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~. K. City Attorney's CAI0048 X:\PA\GG\OrdRes\Williams Park ORD R-2 June 1, 2006 o o {" ~ R 0 A D ""~~it...,,,..~'~~~".'.~' ro ..'_' \"" ~ .. - 4" .l~ ,. ~ ~ JjJ ~~~./ \,:....~'"'~~....,~ DEVELOPMENT PLAN R1., WILLIAMS FARM . II iIIii~ · IS NOV200S 0' 110' 'Jf11 tm . DEPARMENT OF PARKS AND RECREATION NIRGINIA BEACH CITY PUBLIC SCHOOLS __ WPL LANDSCAPE ARCHITECTS LAND SURVEYORS CIVIL ENGINEERERS I _ I - 31 - Item V.J.IO. RESOLUTION/ORDINANCES ITEM #55320 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $43,560 from Cost Recovery Revenue and $4,944 from the Fire Department Gift Fund to the Fire Department's FY 2005-06 operating budget re Operation Smoke Detector and the Life Safety Education program. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 13, 2006 1!' 1 2 3 4 5 6 7 8 9 10 ',.. 11 12 13 14 15 16 17 AN ORDINANCE TO ACCEPT AND APPROPRIATE $43,560 FROM COST RECOVERY REVENUE AND $4,944 FROM THE FIRE DEPARTMENT GIFT FUND TO THE FIRE DEPARTMENT'S FY 2005-06 OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1) That $43,560 in cost recovery revenue is hereby accepted and appropriated to the Fire Department's FY 2005-06 Operating Budget for reimbursement of varlOUS costs, with miscellaneous revenue increased accordingly. 2) That $4,944 in additional gift fund revenue is hereby accepted and appropriated to the Fire Department's FY 2005-06 Operating Budget to support several fire programs, with gift fund revenue increased accordingly. Adopted by the Council of the City of Virginia Beach, 18 Virginia on the 13th June day of , 2006. Approved as to Content: Approved as to Legal Sufficiency: CAI0047 X:\PA\GG\OrdRes\Fire Dept Gift Fund ORD R-3 June 2, 2006 - 32 - Item V.J.11. RESOLUTION/ORDINANCES ITEM #55321 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to APPROPRIATE $350,000 in Federal and State revenue re childcare subsidies to low-income parents. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 13, 2006 AN ORDINANCE TO APPROPRIATE $350,000 IN FEDERAL AND STATE REVENUE TO PROVIDE CHILD- CARE SUBSIDIES TO ELIGIBLE LOW-INCOME PARENTS WHEREAS, additional surplus federal and state funds are available to the Department of Human Services to provide child-care subsidies to eligible low-income parents currently on a waiting list for these services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $129,850 ln additional state revenue is hereby appropriated to the FY 2005-06 Department of Human Services budget to provide child-care subsidies to eligible low-income parents, with state revenue increased accordingly. 2. That $220,150 in additional federal revenue is hereby appropriated to the FY 2005-06 Department of Human Services Budget to provide child-care subsidies to eligible low-income parents, with federal revenue increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of June , 2006. Requires an affirmative vote by a majority of the members of City Council. Approved As to Content: Approved As To Legal Sufficiency: M~@:L- CA10051 X:\PA\GG\OrdRes\Child Care Surplus ORD R-3 June 2, 2006 - 33 - Item v'J.12. RESOLUTION/ORDINANCES ITEM #55322 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $45,703 grant from the Department of Criminal Justice Services to the FY2005-06 Human Services operating budget re multi-systemic therapy services to young adolescents and their families. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 13, 2006 1 AN ORDINANCE TO ACCEPT AND APPROPRITATE 2 $45,703 IN DEPARTMENT OF CRIMINAL JUSTICE 3 SERVICES FEDERAL GRANT FUNDING TO PROVIDE 4 SERVICES TO YOUNG ADOLESCENTS AND THEIR 5 FAMILIES 6 WHEREAS, the Department of Criminal Justice Services awarded 7 the Department of Human Services $45,703 in federal grant funding 8 to provide Multi-Systemic Therapy Services to young adolescents and 9 their families. 10 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 That $45,703 in federal grant funds is hereby accepted from 13 the Department of Criminal Justice Services and appropriated to the 14 FY 2005-06 Human Services Operating Budget to provide services to 15 young adolescents who are referred from the Virginia Beach Juvenile 16 Court Service Unit and their families, with federal revenue 17 increased accordingly. 18 19 Adopted by Virginia, on the the Council of the 13th day of June City of Virginia , 2006. Beach, Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I W~LU( .1:;f~/ city Attorney' Office CA10050 X:\PA\GG\OrdRes\DCJS Grant ORD R-3 June 2, 2006 - 34 - Item v'J.13. RESOLUTION/ORDINANCES ITEM #55323 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to APPROPRIATE $125,104 from the General Fund and $125,104 from the Sheriff's Department Special Revenue Fund to the FY 2006- 07 Sheriff's Department operating budget re increased costs of the Central Booking Program Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 13, 2006 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO APPROPRIATE $125,104 FROM THE FUND BALANCE OF THE GENERAL FUND AND $125,104 FROM THE FUND BALANCE OF THE SHERIFF'S DEPARTMENT SPECIAL REVENUE FUND TO THE FY 2006-07 OPERATING BUDGET OF THE SHERIFF'S DEPARTMENT TO SUPPORT THE INCREASED COSTS OF THE CENTRAL BOOKING PROGRAM WHEREAS, the Police Department and Sheriff's Department 11 have vacancies in FY 2005-06 that will result in funding lapsing 12 into the Fund Balances of the General Fund and Sheriff's Special 13 Revenue Fund; and 14 WHEREAS, six additional positions are required in FY 2006- 15 07 and two additional positions are required in FY 2007-08 to 16 maintain current services within the Central Booking Program. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 1. That $250,208 is hereby appropriated to the Sheriff's 20 Department FY 2006-07 Operating Budget to support costs of 21 Central Booking in the amounts and sources set forth below: 22 a. $125,104 from the Fund Balance of the General Fund. 23 b. $125,104 from the Fund Balance of the Sheriff's 24 Department Special Revenue Fund. 25 2. That revenue from local sources is hereby increased 26 accordingly. 27 3. That six full-time positions are hereby established ln 28 the FY 2006-07 Operating Budget. 29 4. That in addition to the six positions established ln FY 30 2006-07, two full-time positions will be added ln the Sheriff's 31 Department FY 2007-08 Operating Budget with 50% of the costs for 32 all eight positions to be provided by permanent reallocations 33 within the Sheriff's Department and 50% of the costs provided by 34 the City. 35 5. That this ordinance is effective July 1, 2006. 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia on the 13 day of lllJI1P- , 2006. Approved as to Content: Approved as to Legal Sufficiency: &rf~q;;A_,~ ~~{~ City Attorney's Office CAI0045 X:\PA\GG\OrdRes\Sheriff Central Booking ORD R-3 June 2, 2006 Item V-K. PLANNING 1. DANNY K. MARTIN 2. BELLAMY ASSOCIATES, L.c. 3. ALCAR, L.L.C. 4. LBH, L.L. C 5. OCEAN PROPERTIES, L.L.C. - 35 - ITEM # 55324 CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING STREET CLOSURE CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT June 13, 2006 - 36 - Item v,K.1. PLANNING ITEM # 55325 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinance upon application of DANNY K. MARTIN for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF DANNY K. MARTIN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D TO CONDITIONAL I-I Z06061256 BE IT HERBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Danny K. Martin for a ChanJ!e of Zoning District Classification from R-5D Residential Duplex District to Conditional I-I Light Industrial District on property located at 5840 Burton Station Road (GPIN 1458894322). DISTRICT 4 - BAYSIDE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June Two Thousand Six. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 13, 2006 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6324 DATE: June 2, 2006 TO: FROM: Leslie L. Lilley (;) B. Kay Wil~ DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Danny K. Martin The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 13, 2006. I have reviewed the subject proffer agreement, dated September 29, 2005 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/as Enclosure . cc: Kathleen Hassen '-;.i.~~.. PREPARED BY: 3m SYKES. ROURDON. mJ A1i[RN &. lIVY. P.c DANNY K. MARTIN TRAVIS LEE BAKER TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of September, 2005, by and between DANNY K. MARTIN, party of the first part, Grantor; TRAVIS LEE BAKER, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of he second part is the owner of a parcel of property located in the Bayside District of the City of Virginia Beach, containing approximately 1.00 acre of land which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the party of the first part as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-5D Residential District to Conditional I-I Light Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1458-89-4322 1 PREPARED BY: SYl([S. ROURDON. 4HrnN & U:vv. P.c. WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which Grantors' rezoning application gives rise; and WHEREAS, Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the I-I Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the ?eed for which is generated by the rezoning. NOW, THEREFORE, Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro qUO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, in order to achieve a coordinated design and development on the site in terms of vehicular access, parking and building orientation, the conceptual site plan entitled "PRELIMINARY SITE PLAN OF PART OF BLOCK 17, ON THE PLAN OF CORNICK FARM FOR DANNY MARTIN, Virginia Beach, Virginia" dated September 13, 2005, prepared by John E. Sirine & Associates, Ltd., which has been exhibited to the Virginia Beach City 2 PREPARED BY, ~m SYKfS. ROURDON. ~". 'r~fRN & [IVY. P.c. Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"), shall be substantially adhered to. 2. When the Property is developed, the building referenced on the Concept Plan shall have the architectural appearance, design features and exterior building materials depicted on the eight (8) photographs identified as "Cornick Farm Office Warehouse for Danny Martin", dated September 13, 2005, which have been exhibited to the Virginia Beach City Council and is on file :with the Virginia Beach Department of Planning ("Elevations"). 3. When the Property is developed, if required by the Grantee, the party of the first part shall extend public utilities to service the Property, or, at the option of Grantee, participate on a pro rata basis in providing public utilities to service area, which includes the Property. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 3 PREPARED BY: ".IB SY1'IS. gammON. rAV-- . I:lJ::RN &. U:VY. P.c. Grantors covenant and agree that: ( 1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, Grantors shall petition the goveming body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for pu blic inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of Grantors and the Grantee. 4 PREPARED BY: ~.m SYKI:S. ~OURDON. mn AAfRN &. U:VV. P.c. WITNESS the following signature and seal: Grantor: D STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 3rd day of October, 2005, by Danny K. Martin, Grantor. _)~,i I! If ';rJ~~ Notary Public . My Commission Expires: August 31, 2006 5 PREPARED BY: ~.m SYKES. IJOURDON. mil AIlrRN & u:vv. P.c. WITNESS the following signature and seal: STATE OF VIRGI~ t4 . ~OUNTY OF tJX, filk.of1J,(, to-wit: _ IJJ,., The foregoing instrument was ac owledged before me this d.!!.~ay of ud,ltlf/e r , 2005, by Travis Lee Bake, Grantor. My Commission Expires: - f1~'b1 6 PREPARED BY: "'.13 SYKIS. !BOURDON. mil MmN & !IVY. P.C EXHIBIT "A" ALL THAT certain lot or parcel of land, situate in the City of Virginia Beach (formerly Kempsville District, in the County of Princess Anne) State of Virginia, being known, numbered and designated as Part of Block 17, on Plan of Cornick Farm, Which plan is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Deed book 66, at Page 156, said property being more particularly described as follows: BEGINNING at a point on the northeastern side of Burton Road at the southern corner of tract conveyed by J. L. Roberts, et ux, to Menser C. Brown, by Deed dated June 11, 1951, and recorded in the said Clerk's Office in Deed Book 288, at Page 105, which said point of beginning is 183 feet (as measured along the northeastern side of Burton Road) North of the northern side of Fann Road #4 (as said Farm Road #4 is shown on the Plan of Cornick Farm aforesaid); thence North 270 49' East along the southeastern side of property conveyed to Menser C. Brown as aforesaid 362.3 feet to a pin; thence South 550 48' East 121 feet to a pin; thence South 270 49' West 362.3 feet to a pin in the northeastern side of Burton Road; thence North 550 48' West along the northeastern side of Burton Road 121 feet to the point of beginning. GPIN: 1458-89-4322 ConditionalRezone / Martin /Proffer 7 - 37 - Item V.K.2. PLANNING ITEM # 55326 The following registered in SUPPORT: Philip Shucet, President - Dragas Management Corporation, 4538 Bonney Road, Phone; 490-0161. Mr. Shucet advised the proposed development, "The Villas at Bellamy", consists of one hundred twenty (120) two-story detached homes. The homes to be constructed will be 4 two-story homes each with an external private entrance contained in one building. The thirty (30) buildings TO BE built at this site represent five (5) fewer buildings than could be currently constructed "by right". The noise level zone is less than 65 dB. Housing in the $185,000 to $200,000 price range proposedfor the Villas will be affordable to the median income wage earner: teachers, nurses, police and fire fighters. Information package distributed is hereby made a part of the record. Fernando Perez, 3149 Ashaway Road, Phone: 490-0161, active duty enlisted officer, in support of affordable housing Deborah Bloktamp, 4119 Birch Court, Phone: 467-9011, President - Timberlake Community Association Helen Sammer, 5685 Virginia Beach Boulevard, Phone: 490-0161, represented Habitatfor Humanity Abby Causey, Board of Directors, 560 Curen Drive, Phone: 463-1483, represented Empower Hampton Roads George Horey, Board of Directors - Empower Hampton Roads, 2702 Regatta Circle, Phone: 490-0161 Ronald D. Morrison, 4845 Berrywood Road, Phone: 681-6337, resident of Bellamy Woods Kenneth Pravetz, 4305 Shrew Trail, Phone; 416-1120, represented four hundred (400) firefighters The following registered in OPPOSITION: Marcia Curtis, President - Bellamy Woods Civic League, 1200 Worthington Lane, Phone: 495-2008, expressed concern relative traffic safety re the intersection of Princess Anne Road and Bratingham Drive Upon motion by Councilman Diezel, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of BELLAMY ASSOCIATES, L.C.for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF BELLAMY ASSOCIATES, L. C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R- 7.5 TO CONDITIONALA-18 Z06061257 BE IT HERBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Bellamy Associates, L. C. for a Chanf!e of Zoninf! District Classification from R -7.5 Residential District to Conditional A-18 Apartment District on property located at 4416 Princess Anne Road (GPIN 14766093400000). The Comprehensive Plan designates this site as being within the Primary Residential Area. The purpose of this rezoning is to develop multi-family dwellings. DISTRICT 2 - KEMPSVILLE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record June 13, 2006 - 38 - Item v'K.2. PLANNING ITEM # 55326 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June Two Thousand Six. Voting: 10-1 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None June 13, 2006 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6325 DATE: June 2,2006 TO: FROM: Leslie L. Lilley. GJ B. Kay WiISO~ DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Bellamy Associates, L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 13, 2006. I have reviewed the subject proffer agreement, dated May 25, 2006 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/as Enclosure cc: Kathleen Hassen BELLAMY ASSOCIATES, l.C., a Virginia limiteclliabi6ty company TO (PROFFERED 'COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 25th day of May, 2006, by and between BELLAMY ASSOCIATES. Le., a Virginia limited liability company. Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of1he Corrmonwealth ofVlI'ginia. Grantee; BACKGROUND: A. Grantor is the owner of a certain parcel of property located in the KempsviHe District of the City of Virginia Beach, containing approximately 10.063 acres which is more particularly deseriJed in Exhibit "A" attached hereto and incorporated herein by th is reference. Said parcel is herein refelTed to as the "Property". 8- Grantor is the owner of the parcel described in Exhibit "A" and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach. V~rginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Pr<lperty from R-7.5 Residential District to Conditional A-18 Aparlment District. GP1N: 1476-60-9340-0000 Prepared By and Retum To: Kaufman and Canoles Suite 2100 150 West Main Street Norfolk. Virginia 23510 1 C. The Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation. D. The Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise. E. The Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-18 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendm~nt to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or auid pro auo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1 . The Property shall be developed substantially as shown on the "The Villas at Bellamy - Conceptual Site Plan," dated July 21st, 2005, prepared for the Dragas Companies, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, the "Concept Plan") 2 2. When the Property is developed, a swimming pool and cabana to serve the community's residents shall be constructed. 3. When the Property is developed, a landscaped entrance feature shall be constructed in substantial conformance with a monument style sign externally illuminated from ground level as depicted and described on the "Perspective View at Entrance - The Villas at Bellamy", dated May 4th, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Entrance Plan"). 4. There will be no more than thirty (30r residential buildings, each one being two (2) stories in height, and containing four (4) dwelling units per building. The total number of dwelling units permitted to be constructed on the Property shall not exceed one hundred twenty (120) and no dwelling unit shall contain more than three (3) bedrooms. 5. The architectural design of the residential buildings will be substantially as depict~ on the exhibit entitled "Architectural Elevations - The Villas at Bellamy", dated July 21st, 2005, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevation"). The primary exterior building material shall be synthetic board siding with accents of synthetic cedar shake, and the colors used may vary from those on the exhibits but all will be earth tones. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said 3 of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing -body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages! or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, an(i the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 4 WITNESS the following signature and seal: GRANTOR: Bellamy Associates, L.C., a Virginia limited liability company By: Dragas Management Corporation a Virginia corporation, Manager ~ ;1AMJI Philip A. Shucet, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 25th day of October, -2005, by Philip A. Shucet, President of Dragas Management Corporation, a Virginia corporation, Manager of Bellamy Associates, L.C., a Virginia limited liability company. ~~ My ,//5t?/P7 (SEAL) Notary Public 5 Exhibit "A" Metes and Bounds Description of 4416 Princess Anne Road (GPIN 1476-60-9340-0000) Beginning at a point located in the northern right-of-way line of Princess Anne Road where it meets the western line of a 24' Reserved Road, said point being 943 feet, plus or minus, from the northwest intersection of Princess Anne Road and Windsor Oaks Boulevard; thence turning and running along the northern right-of-way line of Princess Anne Road, N47031 '28'W, 91.43 feet, to a pin in the line of property now or formerly Trustees of The Kempsville Church of God; thence turning and running along the line of property now or formerly Trustees of The Kempsville Church of God, N36017'32"E, 1392.45' to..a point in the line of property now or formerly CH&B Associates; thence turning and running along the line of property now or formerly CH&B Associates, S53030'59"E, 166.79 feet to a pin in the western line of the Subdivision of Timberlake, Section Thirteen; thence turning and running along the southern line of the Subdivision of Timberlake, Section Thirteen, S53054'09"E, 368.40 feet to a point in the western line of a 24' Reserved Road; thence turning and running along the western line of said 24' Reserved Road, S53051'49'W, 1471.66 feet, to the point of beginning. Said parcel of land containing 438,350 square feet or 10.063 Acres. - 39 - Item V.K.3. PLANNING ITEM # 55327 Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth Floor, Phone: 499-8971, represented the applicant. 44% of the property is in housing and 56% in open space. Thirty-nine and one-half acres is being dedicated to the City for the West Neck Creek Linear Park. Two (2) lanes of Nimmo Parkway will be built from the fire station to the East. The following registered in OPPOSITION: Paul Dean, 2472 Windy Pines Bend, Phone: 427-9774, resident of Castle ton Doug Harrison, 2556 Piney Bark Drive, Phone: 301-6733 Duke Baisden, 2569 Springhaven, Phone: 430-0869 Raye Jean McMichael, 2573 Hunters Run Trail, Phone: 427-2728 John D. Martin, 2301 Barn Sill Court, Phone; 430-2983 Karen 1. Trenton, 2468 Windy Pines, Phone: 430-6700 Roni Marquez, 2104 Shade Tree Street, Phone: 563-2822 Jack Reich, 2540 Piney Bank Drive, Phone: 427-6170 Petition containing 147 signatures in opposition to the rezoning, was distributed and is hereby made a part of the record. Commander John Lauterbach, referenced the June 5, 2003 correspondence of Captain Keeley, NAS Oceana, Plans and Policy Legal Advisor, stating this proposal is incompatible with the Navy's AICUZ program A MOTION was made by Councilman Reeve, seconded by Councilman Maddox, to ADOPT Ordinance upon Application of ALCAR, L.L. C. for a Chanf!e of Zoninf! District Classification ORDINANCE UPON APPLICATION OF ALCAR, L.L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITIONAL R-7.5 Ordinance upon Application of ALCAR, 1.1. C. for a Chanf!e of Zoninf! District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-7.5 Residential District on property located on the north side of the Nimmo Parkway Right-of- Way (unimproved), 910 feet west of Rockingchair Lane (GPINs 2404371630; 2404573796; 2404564943). DISTRICT 7 - PRINCESS ANNE - 40- Item V.K.3. PLANNING ITEM # 55327 (Continued) Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Harry E. Diezel, Richard A. Maddox, Jim Reeve, Peter W Schmidt and Ron A. Villanueva Council Members Voting Nay: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Rosemary Wilson and James 1. Wood Council Members Absent: None June 13, 2006 - 41 - Item V.K.4. PLANNING ITEM # 55328 The following registered in SUPPORT: Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth Floor, Phone: 499-8971, represented the applicant, and advised "Sherwood Lakes" is a Conditional Rezoning of seven (7) parcels, slightly less than 240 acres of land, none of which is located in the aircraft Noise Zone. The northern property lines adjoin the Highgate Greens and Three Oaks neighborhoods as well as City owned property (Three Oaks Elementary School and a 37-acre public park is under design). The LBH property currently contains two (2) large industrial sign mines or borrow pits. This proposal seeks to redevelop the two hundred forty (240) acres into a unique upscale intergenerational community,jeaturing two (2) recreational lakes and over one hundred twenty (120) acres in size, and more than 55 acres of green space in an open space outside of the lakes, with over 3- ~ miles of multi-purpose trail for public use (including equestrian use). The plan includes dedication to Parks and Recreation of 4.3 acres of land, located at the northeastern corner, which is intended to become a Park. Attorney Bourdon referenced his correspondence of June 9, 2006, which is hereby made a part of the record. Joe Pulley, 4828 Gatwick Drive, Phone: 467-9292, represented the applicant, met with representatives of Virginia Department of Game and Inland Fisheries and conducted water quality tests, which were favorable. Mr. Pulley will continue to work closely with the representatives to ensure a superb fishing and boating public amenity. Gene Hansen, 2313 Sandfiddler Road, Phone: 721-6736, former member - of the Transition Area Technical Advisory Committee (TA TA C). Mr. Hansen expressed appreciationfor the recreational facility contained within the project (without cost to the City). The following registered in OPPOSITION: Carolyn Castleberry, 2381 Upper Greens Place, Phone: 427-5924, resident of High gate Greens. Ms. Castleberry expressed concern relative increased traffic and the safety of children. Bernard J Byrne, 2728 Esplanade Court, Phone: 430-0571, advised the application was a deliberate effort to circumvent the Transition Area Guidelines. Scott Lovell, 2641 Lower Greens Place, Phone: 427-2429 (Home), 466-9608 (Work), represented the Highgate Greens Home Owners Association, and advised Sherwood Lakes does not meet the Transition Area Guidelines. Melinda Brown, 1867 Malbon Road, Phone: 377-9854, and advised Sherwood Lakes does not meet the Transition Area Guidelines (one developable unit per acre), nor comply with the Comprehensive Plan. The application more than doubles the allowed density in the area. Marilyn Danner, 2601 West Landing Road, Phone: 426-7390, advised of rampant development, without improvement to the roads. Cheryl Adams, 208 McNelly Lane, Phone: 430-8398, resident of Highgate Greens. The application does not comply with zoning density and impacts over-burdened services, such as roads and schools. Laura Sisino 2821 Seaboard Road, Phone: 689-2600. The application does not comply with the Transition Area guidelines. Ms. Sisino distributed petition in OPPOSITION, which is hereby made a part of the record. Herb Jones, 2313 Sandpiper Road, Phone: 721-1103, spoke relative the negative impacts of in creased density. The application does not comply with the Transition Area guidelines nor the Comprehensive Plan Kellie Prince, 2808 Country Place, Phone: 689-8124, recently left California because of density. Jonathan Priest, 7335 Shirland Avenue, Phone; 749-0886, represented the Back Bay Restoration Foundation. Sherwood Lakes has serious issues with the interpretation of the Transition Area's Development Plan. June 13, 2006 - 42- Item V.K.4. PLANNING ITEM # 55328 (Continued) Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of LBH, LLC for a Conditional Change of Zoning: APPLICATION OF LBH, LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITIONAL R-10 WITH A PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT OVERLAY AND B-1A LIMITED BUSINESS DISTRICT Z06061258 BE IT HERBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of LBH, LLC for a Chanf!e of Zoninf! District Classification from AG-1 and AG-2 Agricultural District to Conditional R-lO Residential with a PD-H2 Planned Unit Development District Overlay and B-1A Limited Business District on property located on the west side of Princess Anne Road, approximately 1,950 feet southwest of Sandbridge Road (GPINs 2404809627; 2403698016; 2403886753; 2403890088; 2403798068; 2403793035; 2414014092). The Comprehensive Plan designates this site as part of the Princess Anne Transition Area, suitable for residential uses developed in accordance with the Comprehensive Plan policies for this area. The purpose of this rezoning is to develop a residential neighborhood of mixed unit types and a restaurant. DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. Agreements encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June Two Thousand Six. June 13, 2006 - 43- Item V.K.4. PLANNING ITEM # 55328 (Continued) Voting: 8-3 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: Robert M Dyer, Meyera E. Oberndorf and Reba S. McClanan Council Members Absent: None June 13, 2006 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6313, DF-6421, DF-6422 DATE: June 2,2006 TO: FROM: Leslie L. Lilley ~ B. Kay WiISO~ DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; L.B.H., LLC: Conditional Rezoning L.B.H., LLC: Retail L.B.H., LLC: Restaurant The above-referenced conditional zoning applications are scheduled to be heard by the City Council on June 13, 2006. I have reviewed the subject proffer agreements, dated July 31,2005 and November 17, 2005 and have determined them to be legally sufficient and in proper legal form. Copies of the agreements are attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW /as Enclosure' cc: Kathleen Hassen L.B.H., L.L.C., a Virginia limited liability company E.V. WILLIAMS, INC. f/k/a BHC ACQUISITION CORP., a Virginia corporation LORD DeLONG, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CI1Y OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 31 st day of July, 2005, by and between L.B.H., L.L.C., a Virginia limited liability company, Grantor, party of the fIrst part; E.V. WILLIAMS, INC. fjk/a BHC ACQUISITION CORP., a Virginia corporation, Grantor, party of the second part; LORD DeLONG, L.L.C., _a Virginia limited liability company, Grantor, party of the third part; and THE CI1Y OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the fourth part. WITNESSETH: WHEREAS, the party of the second part is the owner of two (2) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 136.5 acres designated as Parcels One and Two in Exhibit "A" attached hereto and incorporated herein by this reference. Parcels One and Two along with the other parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and GPIN: 2414-01-4092 2404-80-9627 (Part of) 2403-69-8016 2403-88-6753 2403-89-0088 2403-79-8068 2403-79-3035 PREPARED BY: '13 SnES. ROURDON. ~r "'ruN &. LM. P.c. 1 PREPARED BY: WHEREAS, the party of the third part is the owner of five (5) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing a total of approximately 102.6 acres and designated as Parcels Three, Four, Five, Six and Seven in Exhibit "A" attached hereto and incorporated herein by this reference. These five (5) parcels along with the other parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the first part is the contract purchaser of the Property and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to .change the Zoning Classifications of the Property from AG-1 and AG-2 to PDH-2 with underlying R-10 District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes inc~mpatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PDH- 2 (R-10) Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro que for zoning, DB SYKES. ROURDON. o Aij[RN &. LM. P.C 2 PREPARED BY: ~.m SYKrs. ROURDON. ~r '\l~RN &. liVY. P.c. depicted on the "Elevations" entitled: (a) "EXECUTIVE HOMES at Sherwood Lakes" dated 7-31-05; (b) "MANOR HOMES at Sherwood Lakes" dated 7-31-05; (c) "COTIAGE HOMES at Sherwood Lakes" dated 7-31-05; and (d) "AGE RESTRICTED HOMES at Sherwood Lakes" dated 7-31-05, which have been exhibited to the City Council and is on fIle in the Department of Planning. 5. The total combination of single family and age restricted multi-family units to be developed on those portions of the Property zoned PDH-2 may not exceed a maximum of 240 units. 6. The party of the first part agrees that during the detailed site plan review it shall conduct a Traffic Impact Study of the impacts of Sherwood Lakes. The Grantor agrees to substantially complete or bond the required improvements on Princess Anne Road at the entrance to Sherwood Lakes that are called for in the Traffic Impact Study. Said improvements shall be substantially completed or bonded prior to the issuance of the first permanent occupancy permit for residents within Sherwood Lakes. 7. Prior to the Grantee issuing the frrst building permit for any residential unit, the party of the first part shall contribute the sum of $400,000.00 to Grantee to be utilized by the Grantee for right of way improvements to that section of Princess Anne Road lying south of its intersection with Sandbridge Road and north of its intersection with Flanagans Lane. In accordance with Section 15.2-2298 of the Code of Virginia, if the Grantee has no projects for any right-of-way improvements to the designated section of Princess Anne Road in Grantee's Capital Improvement Program (C.I.P.) at the time the first building permit is requested, payment of the $400,000.00 contribution shall be deferred until the Grantee includes such a project in its C.I.P. If the funds proffered and paid by the party of the frrst part in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. 8. When the Property is developed, the :1:4.3 acre parcel near the northeast corner of the property designated "CITY PARK DEDICATION" on the Concept Plan shall be given and dedicated to the Grantee. 9. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall 4 PREPARED BY: continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially. revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public. hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested With all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; . (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 1Y 0: c.: ec ~YKIS. ROURDON. 4J1r-->T & LM.P.c. 5 PREPARED BY: !B SYJ([S. ROURDON. II AIlmN & iM. P.c. WITNESS the following signature and seal: Grantor: E.V. WILLIAMS, INC., a Virginia corporation '-.~ /'~--' --~ l3KJV, -de-v~. .'>- C." Thomas L. Partridge, Plifsident c (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: . The foregoing instrument was acknowledged before me this /~ +k.day of August, 2005, by Thomas L, Partridge, President of E.V. Williams, Inc., a Virginia corporation. j S}L;;!~~ { My Commission Expires: 7f.:3 rjGl 7 7 PREPARED BY: ;0 SYKIS. ROURDON. ~,.. "'lImN & lIVY. P.c. EXHIBIT "A" PARCEL ONE: ALL THAT certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being shown and designated as PARCEL "A" 1,481,191.00 Sq. Ft. or 34.00 AC., on that certain plat entitled "SUBDIVISION OF PROPERTY OWNED BY DAVID B. HILL, JR. (D.B. 2522, PF. 1294) Princess Anne Borough, Virginia Beach, Virginia", dated December 18, 1990, prepared by Miller-Stephenson & Associates, P.C., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 212, at Page 5. GPIN: 2414-01-4092 PARCEL TWO: ALL THAT certain tract or parcel of land, with the improvements thereon and all sand, minerals, mining rights, licenses, permits, and all other appurtenances thereunto belonging, situate, lying and being in Princess Anne Borough, Virginia Beach, Virginia, known, numbered and designated as "A - 102.96 Ac." as shown on the plat entitled "Survey of Property of Evelyn L. McKnight and Land Farm Co., Inc., Map Book 102, Page 23 (erroneously referred to as Map Book 91 at Page 52 in prior deed), Princess Anne Borough, Virginia Beach, Virginia", made by W.B. Gallup, Surveyors, dated April 21, 1969, revised November 23, 1973, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia simultaneously with a Deed dated February 22, 1974 from Evelyn L. McKnight and William R. McKnight to Capricorn Associates, which Deed is recorded in Deed Book 1403, at Page 687, in the Clerk's office, said parcel being of the dimensions as shown on said plat tow which reference is hereby made for a more particular description of said property. Less and Except that ten (10) foot strip which was conveyed to the City of Virginia Beach for road widening as recorded in the aforesaid Clerk's Office in Deed Book 2028, at Page 723. GPIN: 2404-80-9627 (Part of) PARCEL THREE: ALL THAT CERTAIN parcel of land, situated on the east side of Seaboard Road, Princess Anne Borough, City of Virginia Beach, Virginia, being designated as PARCEL C, as shown on that certain plat entitled "Plat of Property of Lee Edward Johnson Estate, Princess Anne Borough, Virginia Beach, Virginia", made by 9 PREPARED BY: 13m SYKI:s. !JOURDON. I\U AHmN & LM. P.c. Harold R. Warren, Jr., Certified Land Surveyor, Virginia Beach, Virginia, dated April 15, 1968, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 78, at Page 49, reference to which plat is hereby made for a more particular description of said property. GPIN: 2403-69-8016 PARCEL FOUR: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia, containing 43.770 acres shown and designated as "PARCEL 'B-1''', on that certain plat entitled "SUBDIVISION OF PROPERTY PARCEL B SURVEY OF PROPERTY OF E.L. McKNIGHT & LAND FARM CO., INC. (M.B. 102, P. 23)", made by Gallup Surveyors & Engineers, Ltd., dated 2, September 1988, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2816, at Page 1072. GPIN NO: 2403-88-6753 PARCEL FIVE: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia, containing 7.162 acres shown and designated as "PARCEL 'B-4"', on that certain plat entitled "SUBDMSION OF PROPERTY PARCEL B-1 AND THE REMAINS OF PARCEL B PROPERTY OF E.L. McKNIGHT & LAND FARM CO., INC. (D.B. 2816, P. 1072 Plat)", made by Gallup Surveyors & Engineers, Ltd., dated August 25, 1998, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 272, at Pages 95-96. GPIN: 2403-89-0088 PARCEL SIX: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia, containing 5.219 acres shown and designated as "PARCEL 'B-5"', on that certain plat entitled "SUBDIVISION OF PROPERTY PARCEL B-1 AND THE REMAINS OF PARCEL B PROPERTY OF E.L. McKNIGHT & LAND FARM CO., INC. (D.B. 2816, P. 1072 Plat)", made by Gallup Surveyors & Engineers, Ltd., dated August 25, 1998, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 272, at Pages 95-96. GPIN: 2403-79-8068 10 PREPARED BY: (;JIB SITES. ROURDON. m"1I AHERN & lM. P.c. PARCEL SEVEN: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia, containing 46.625 acres shown and designated as "REMAINS OF PARCEL B - 'NOT A BUILDING SITEm on that certain plat entitled "RESUBDIVISION OF PROPERTY PARCELS B-2, B-3 AND THE REMAINS OF PARCEL B PROPERTY OF E.L. McKNIGHT & LAND FARM CO., INC.", made by Gallup Surveyors & Engineers, Ltd., dated June 10, 1999, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 278, at Pages 15-17. GPIN: 2403-79-3035 CONDITIONALREZONE/LBH/SHERWOODLAKES/PROFFER 11 L.B.H., L.L.C., a Virginia limited liability company E.V. WILLIAMS, INC. flkla BHC ACQUISITION CORP., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 17tb. day of November, 2005, by and between L.B.H., L.L.C., a Virginia limited liability company, party of the first part, Grantor; E.V. WILLIAMS, INC flkl a BHC ACQUISITION CORP., a Virginia corporation, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of VirginIa, party of the third part, . Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.81 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the party of the first part, being the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-l Agricultural District to Conditional B-l1\ Limited Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zonmg and other land development legislation; and GPIN: Part of 2404-80-9627 PREPARED BY: DB SYJ([S. BOURDON. f(J A Tlt:RN & lM. P.c. 1 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and t!1e need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro qUO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that .this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assIgns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF SHERWOOD LAKES", dated 07/31/05, prepared by MSA, P.C., which has been exhibited to the PREPARED BY, Virginia Beach City Council and is on file with the Virginia Beach Department of llBSyn:s. ROURDON. Planning (hereinafter "Site Plan"). 111 AllfRN & liVY. P.L 2 2. When the Property is developed, the exterior of the building depicted on the Site Plan shall have "low country", rurally compatible architectural features, high quality building materials and earth tone colors. Detailed building elevations and a materials board shall be submitted to the Planning Director for review and approval prior to the review of any site plan for this Property. 3. The only use which shall be permitted on the Property shall be Eating and Drinking Establishments without drive-through windows. 4. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-1A District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive hnplementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by PREPARED BY: the governing body of the Grantee, after a public hearing before the Grantee which B~~J~~1~~~. was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along 3 WITNESS the following signature and seal: Grantor: L.B.H., L.L.C., a Virginia limited liability company By: By: Arnhold Marketing Services, Inc., a Virginia corporatiOIZ::Member '... (SEAL) . Arnhold~ President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ~. R.- The foregoing instrument was acknowledged before me this ~ day of November, 2005, by James M. Arnhold, President of Arnhold Marketing Services, Inc., a Virginia corporation, Managing Member of L.B.H., L.L.C., a Virginia limited liability company, Grantor. ~~ Notary Public My Commission Expires: AJJgn~t 31, 200€i &-J6.- 6 C PREPARED BY: lIB syn:s. ROURDON. iIJI · lImN & llVY. P.c. 5 )ecevnt>er PREPARED BY: m SYK~S. ROURDON. D A UffiN & UVY. P.C WITNESS the following signature and seal: Grantor: James A. Openshaw Vice President ~ ., r :c (SEAL) l' STATE OF VIRGINIA CITY OF O(rg-;n,lt~c~tO-wit: . The foregoing instrument was acknowledged before me this c:5J..O ~ day of N"0,,"emb8l', 2005, by Thema~:r:;-~erPre€ideBt of E.V. Williams, Inc., a Virginia corporation. JDr<'es !~. O~sho.uJ 'VICe... ~.-e$.l~u Q-G1 · _ Notary PUbfO My Commission Expires: '7- 3 I ~ (J"7 6 L.B.H., L.L.C., a Virginia limited liability company E.V. WILLIAMS, INC. fjkja BHC ACQUISITION CORP., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 17th day of November, 2005, by and between L.B.H., L.L.C., a Virginia limited liability company, party of the first part, Grantor; E.V. WILLIAMS, INC flkl a BHC ACQUISITION CORP., a Virginia corporation, party of the second part, Grantor; and THE CITY 'OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: - WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.354 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the party of the first part, being the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-l Agricultural District to Conditional B-IA Limited Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and PREPARED BY, GPIN: Part of 2404-80-9627 lIB STIfS. ROURDON. iiI AIIfRN & llVY. P.c. 1 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, -as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro qUO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, aSSIgns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF SHERWOOD LAKES", dated 07/31/05, prepared by MSA, P.C., which has been exhibited to the PREPARED BY: Virginia Beach City Council and is on file with the Virginia Beach Department of SlISYU:S. ROURDON. Planning (hereinafter "Site Plan"). I -\lImN & lIVY. P.c. 2 PREPARED BY, ~ SYKES. nOURDON, ~.,. ~rnN & lM. P.c. 2. When the Property is developed, the exterior of the building depicted on the Site Plan shall have the architectural features and colors substantially as depicted on the exhibit entitled "RETAIL BUILDING WITH 10' WRAP AROUND PORCH", prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation"). 3. The only uses which shall be permitted on the Property shall be: a. Retail Establishments; b. Specialty shops; c. Personal service establishments to inClude spas; d. Art galleries; e. Florists, gift shops, stationary stores. 4. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-IA District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in 3 writing as evidenced by a certified copy of an ordinance or a resolution adopted by the goveming body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the goveming body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, induding mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proce_eding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the goveming body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: ~ SYUS. ROURDON. . ~qrRN &1IVY.P.c. 4 WITNESS the following signature and seal: Grantor: L.B.H., L.L.C., a Virginia limited liability company By: Arnhold Marketing Services, Inc., a Virginia corporation, Managing Member By: AL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: .cc::; The foregoing instrument was acknowledged before me this ~ day of November, 2005, by James M. Arnhold, President of Arnhold Marketing Services, Inc., a Virginia corporation, Managing Member of L.B.H., L.L.C., a Virginia limited liability company, Grantor. ~ fltfeL~ Notary Public My Commission Expires: AUgu3t 01, 200G ~J6- 6 6 PREPARED BY: ~ Syn:s. ROURDON. ~P' 'TiffiN & UTI. P.C 5 ~'ceV\'\ ber PREPARED BY: 1m SYKIS. ROURDON. n AqrnN & LM. P-C. WITNESS the following signature and seal: Grantor: E.V. WILLIAMS, INC., a Virginia corporation (SEAL) ~~t James A. Openshaw Vice President ~~~~~I~~~~'OC~ to-wit The foregoing instrument was acknowledged before me this 2. O~ day of N'o-vember, 2005, by 'f-hcma2 T., P~l"'tI~, PFesidcm of E.V. Williams, Inc., a Virginia corporation. -:3C~line.s A - Cfel-\~hctuJ V lee. ?.-€s ; den.-t ()?, 0/ ~~-tLt:~ . Notary Public My Commission Expires: 7 - 3 1- 07 6 PREPARED BY: ;!IU SYKIS. ROURDON. r ~ UmN & LM. P.C EXHIBIT "A" Commencing at a point on the westem right of way line of Princess Anne Road (variable width right of way) at the dividing line of property now or formerly Willard A. White and Parcel B-1; thence along said right of way line in a northeasterly direction, a distance of 3,275 feet more or less to the point of beginning; thence leaving Princess Anne Road North 570 24' 22" West, a distance of 265.47 feet to a point; thence North 320 33' 57" East a distance of 387.68 feet to a point; thence South 570 12' 31" East, a distance of 264.15 feet to a point on the northwestern line of Princess Anne Road; thence along said road South 320 22' II" West, a distance of 386.77 feet to the point of beginning. Said parcel contains 102,541 square feet or 2.354 acres. GPIN: Part of 2404-80-9627 ConditionalRezone / LBH / SherwoodLakes / Proffer3. 3 7 - 44- Item v'K.5. PLANNING ITEM # 55329 The following registered in SUPPORT: Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth Floor, Phone: 499-8971, represented the applicant (Lake Bradford Condos). The application represents an assemblage of nine (9) single family residential homes. The properties are directly adjacent to WA WA and across from the Bayside Shopping Center. The application is to tear down the homes and redevelop the entire 3.58 acre site as a condominium project. The condominium project would total 77 units. 170 parking spaces will be provided, as well as sidewalks and a berm in front of the property. Ann Argodale, 4848 Shore Drive, Phone: 363-1635, represented one of the ten (10) deeded owners of the nine single family homes, built approximately sixty (60) years ago. Steve Hughes, 2216 North Oliver Drive, Phone: 460-4636, resident of North Oliver Drivefor the past eleven (11) years. Five (5) singlefamily homes (including his home) still have no city water or sewerage. Mr. Hughes statement is hereby made a part of the record. Karen Lauderback, 4840 Shore Drive, Phone: 464-5597, one of the ten (10) property owners on the proposed site of Lake Bradford Condominiums and resident since 1996. The street is isolated and self contained. Penny Smith, 2208 North Oliver Drive, resident for twenty-five (25) years. With no cul-du-sac,jire and safety vehicles have trouble driving down her dead-end street. The following registered in OPPOSITION: Alan Rohanna, 4528 Lauderdale Avenue, Phone: 363-7622, Chesapeake Beach resident for ten (10) years. This development will increase density of a community which has the highest density in the City. Mr. Rohanna submitted a petition in OPPOSITION containing 606 signatures, which is herby made a part of the record. Steve Kohler, 4817 Lauderdale Avenue, Phone: 318-9290, President of Chesapeake Beach Civic League Mark Walker, 2504 Chubb Lake Avenue, Phone: 464-3115, registered Architect and resident of Chesapeake Beach since 1979. The project is not in compliance with the Urban Land Study, the Shore Drive Corridor Plan nor the 2002 Comprehensive Plan. Todd Solomon, 2260 First Landing Lane, Phone: 496-5733, represented the Shore Drive Community Coalitiion and the Fort Story by the Sea Civic Association. Leslie Cornwell, 4209 Bounty Road, Phone: 363-0350, resident of Baylake Pines and thirty-seven year resident of the Bayfront Community. The proposed application is much taller than surrounding condominiums. Daphne Atkins, Vice President - Shore Drive Community Coalition and member of Shore Drive Safety Task Force, 4492A Ocean View Avenue, Phone: 464-5011. Mrs. Atkins requested fundingfor safety recommendations prior to any further applications on Shore Drive. Bob Costello, 4909 Bradpointe Lane, Phone: 227-6728, current infrastructure does not safely support the density on Shore Drive. June 13, 2006 - 45 - Item v,x. 5. PLANNING ITEM # 55329 (Continued) Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DENIED Ordinances upon application of OCEAN PROPERTIES, L.L.C. for the discontinuance, closure and abandonment of a portion of North Oliver Drive, Conditional Chanf!e of Zoninf! and a Conditonal Use Permit: Ordinance upon application of Ocean Properties, L.L. C. for the discontinuance, closure and abandonment of North Oliver Drive, beginning on the north side of Shore Drive and extending to its terminus at Lake Bradford. DISTRICT 4 - BAYSIDE ORDINANCE UPON APPLICATION OF OCEAN PROPERTIES, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R- IO (SD) TO CONDITIONAL B-4 (SD) Application of Ocean Properties, L.L. C. for a Chanze of Zoning District Classification from R-I0 (SD) Residential District to Conditional B-4 (SD) Mixed Use District on property located at 4856, 4840, 4848, 4832 Shore Drive and 2209, 2213, 2217, 2216, 2208 North Oliver Road (GPINs 1479374693; 1479377611; 1479375680; 1479377588; 1479375753; 1479375863; 1479376912; 1479377850; 1479377750). The Comprehensive Plan designates this site as being within the Primary Residential Area - Shore Drive Corridor. The purpose of this rezoning is to develop multi-family dwellings. DISTRICT 4 - BAYSIDE AND, ORDINANCE UPON APPLICATION OF OCEAN PROPERTIES, L.L.c. FOR A CONDITIONAL USE PERMIT FOR MULTI-FAMILY DWELLINGS Application of Ocean Properties, L.L. C. for a Conditional Use Permit for multi-family dwellings on property located at 4856, 4840, 4848, 4832 Shore Drive and 2209, 2213, 2217, 2216, 2208 North Oliver Road (GPINs 14793746930000; 1479377611; 1479375680; 1479377588; 1479375753; 1479375863; 1479376912; 1479377850; 1479377750). DISTRICT 4 - BAYSIDE June 13, 2006 - 46- Item v'K.5. PLANNING ITEM # 55329 (Continued) Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf*, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None *Verbal Aye June 13, 2006 - 47- Item V.N.l. NEW BUSINESS ITEM # 55330 Council Lady Wilson expressed concern re the DENIAL of the Ordinance upon application of ALCAR, L.L.c., as the City Staff's Alternative 4 was never considered re deferring this item and requesting the applicant return with a revised application limiting development to the 65-70 dB area. The applicant should be given time to consult with the surrounding neighborhoods to address their concerns. A MOTION was made by Council Lady Wilson, seconded by Councilman Maddox to SCHEDULE RECONSIDERATION of the Ordinance upon application of ALCAR, L.L.C. for a ChanJ!e of ZoninJ! District Classification from AG-1 and AG-2 to Conditional R-7.5 (DENIED) BY CONSENSUS, SAID MOTION WAS WITHDRAWN June 13, 2006 Item V-L.1. - 48 - APPOINTMENTS ITEM # 55331 BY CONSENSUS, City Council RESCHEDULED: BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BUILDING CODE OF APPEALS - New Construction INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION SPORTS AUTHORITY OF HAMPTON ROADS June 13, 2006 - 49- Item V-L.1. APPOINTMENTS ITEM # 55332 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Elliot C. Jones Brad D. Martin John M. Ryan OV01/2006-06/30/2007 1- year term Glenn Davis Dr. Manuel Hipol Matjorie J. Rawls 07/01/2006 - 06/30/2008 2- year term Edwin K. Brown Robert N. Melatti Warren Sachs, DDS 07/01/2006 - 06/30/2009 3-year term Beatriz Amberman ThomasA.Fehon,J~ 07/01/2006 - 06/30/2010 4- year term ARTS AND HUMANITIES COMMISSION Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 13, 2006 Item V-M.2. APPOINTMENTS - 50- ITEM # 55333 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Voting: 11-0 Council Members Voting Aye: Jeffrey W. Ainslie William R. Almond Todd Barnes June Barrett-McDaniels John Baum Clay Bernick Edward R. Bourdon Hap Chalmers Craig Cope Andrew Fine Ron Foresta Barry Frankenfield Susan French Don Hassett Al Henley Bill Johnston Tom Leahy Wayne McCoy William M acali Charlie Meyer John Olivieri Council Member Peter W. Schmidt Philip Shucet Laurie Sorabella Richard Whittemore Council Member James L. Wood OV01/2006-06/30/2007 1 year term GREEN RIBBON COMMITTEE Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 13, 2006 - 51 - Item V-O. ADJOURNMENT ITEM # 55334 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 11:46 P.M. ~___c2__~L~ Beverly 0. Hooks, CMC Chief Deputy City Clerk uth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia June 13, 2006