The URL can be used to link to this page

OCTOBER 24, 2006 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hal/- District 3 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC 24 OCTOBER 2006 I. CITY MANAGER'S BRIEFING - Conference Room - A. PUBLIC VOICES on REDEVELOPMENT Betsy McBride, Project Team Leader II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Obemdorf 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 2:00 PM 3:30 PM V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf INVOCATION: Mr. John Boyer, Pastor Church of Christ at Creeds B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF CLOSED SESSION E. MINUTES INFORMAL and FORMAL SESSIONS October 10,2006 F. PUBLIC HEARING 1. LEASE OF CITY PROPERTY Richmond 20MHz, LLC, d/b/a Ntelos at 2061 Chicory Street G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA 1. RESOLUTION/ORDINANCES 1. A Resolution to ESTABLISH an EMPLOYEE BENEFITS REVIEW TASK FORCE to serve in an advisory capacity to City Council 2. Ordinance to AUTHORIZE execution of a lease with Richmond 20MHz, LLC d/b/a NTELOS re wireless telecommunication facilities at 2061 Chicory Street (DISTRICT 7 - PRINCESS ANNE) 3. Ordinance to AUTHORIZE acquisition of property at 225 17th Street (Pepper's Restaurant), either by agreement or condemnation, in fee simple for the sum of $900,000 (DISTRICT 6 - BEACH) 4. Ordinance to AUTHORIZE temporary encroachments: a. Into the City's right-of-way, (known as Dinwiddie Road, Dupont Circle and Bay Drive) by BA YVIST A PROPERTIES, LLC, to construct and maintain a keystone retaining wall with railing, wooden walkway and steps at 3800 Dupont Circle. (DISTRICT 4- BA YSIDE) b. Into the City's right-of-way by INDIAN RIVER WOODS HOMEOWNERS ASSOCIATION, INC., to maintain existing landscaping, underground irrigation system and portion of a fence with brick columns at Indian River Road and Deep Water Way. (DISTRICT 1 - CENTERVILLE) 5. Ordinances to ACCEPT, APPROPRIATE and/or TRANSFER: a. $5,392,061 in FY-2005-06 School Reversion Funds to the FY 2006-07 School's Budget b. $1,218,456 in additional funds from the FY 2006-07 General Fund Reserve for Contingencies to FY 2006-07 Budget for Revenue Reimbursements re Tax Exemption for the Elderly and Disabled to fully fund the program c. Virginia Department of Motor Vehicles (DMV) to the Police's FY 2006-07 Budget: 1. $45,000 re lectures to demonstrate the consequences of Driving Under the Influence (DUI) 2. $12,600 re conducting presentations on seatbelt usage laws within high schools d. $30,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2006-07 Budget for reimbursement of expenses for individual deployment of a member of Virginia Task Force 2 re assisting State of Louisiana with their search and rescue plan e. $29,353 from the Virginia Aquarium and Marine Science Center Foundation to the FY 2006-07 Budget of the Department of Museums and Cultural Arts re medical care, holding facilities, and transport for live marine animal strandings f. $25,000 from the Virginia Department of Conservation and Recreation and $12,100 from Agriculture to the FY 2006-07 Planning and Community Development Budget re restoration of existing riparian shoreline buffers, printing of an educational fact sheet and an information kiosk at Lynnhaven Middle, Brookwood and Plaza Elementary schools in the Lynnhaven River watershed. g. $25,000 from the National Fish and Wildlife Foundation to the FY 2006-07 Budget of Planning and Community Development re restoration of a fish habitat in Stumpy Lake Natural Area J. PLANNING 1. Application of S & R PROPERTIES, L.L.C. for a Modification of Condition #4 of a Conditional Use Permit for a bingo hall, re changing the days of operation, at 4933 Cleveland Street. (approved on January 26, 1999 and modified February 25, 2003), (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL 2. Application of CHECKERED FLAG MOTOR CAR COMPANY for Modification of Conditions and Proffers to allow expansion of existing buildings and parking modifications at 5301 Virginia Beach Boulevard and 270 Clearfield Avenue (Approved October 23, 2001, and modified March 8, 2005, and April 25, 2006) (DISTRICT 2 - KEMPSVILLE). RECOMMENDATION: APPROVAL 3. Application of JOHN H. and JENNIFER M. NEUMANN for the closinf!. vacatinf! and discontinuinf! of an alley to incorporate the right-of-way into their adjoining residential lots at 664 South Atlantic Avenue (Croatan Beach). (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 4. Application of OCEANSIDE ENTERPRISES, INC. for a Conditional Use Permit for firewood preparation/mulch processing at North Landing Road, and Indian River Road, opposite Heffington Drive (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPRO V AL 5. Application of VIRGINIA BEACH INVESTMENT COMPANY for a Conditional Use Permit for a mini warehouse-self storage facility at 1025 College Park Boulevard. (DISTRICT 1 - CENTERVILLE) RECOMMENDATION: APPROVAL 6. Application of LAGO MAR ASSOCIATES, L.L.C. for a Chanf!e of Zoninf! District Classification from B-1 Neighborhood Business District to Conditional R-15 Residential District at 801 Artesia Way and intersection with Nimmo Parkway to develop single- family dwellings. (DISTRICT 7 - PRINCESS ANNE) DEFERRED RECOMMENDATION September 26, and October 10, 2006 APPROVAL 7. Applications of SALEM ROAD ASSOCIATES (formerly VA-CAR DEVELOPMENT, LLC) at Salem and North Landstown Roads: (PRINCESS ANNE - DISTRICT 7) a. Variance to S 4.4(b) that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and to subdivide the property into twenty- eight (28) single-family lots with wooded open space b. Chanf!e of Zoninf! District Classification from AG-1 and AG-2 Agricultural to Conditional R-10 Residential DEFERRED October 10, 2006 DEFERRED INDEFINITELY March 23, 2004 STAFF RECOMMENDATION DENIAL (Application does not comply with Comprehensive Plan dwelling unit density in the IT A) 8. Application of CHESAPEAKE ATLANTIC, LLC, for a Chanf!e of Zoninf! District Classification from 1-1 Light Industrial and R-IO Residential to Conditional 1-1 Light Industrial for office-warehouses at 173 and 177 South Birdneck Road and 1228 Jenson Drive (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 9. Application of OXFORD PROPERTIES, LLC, for a Chanf!e of Zoninf! District Classification from B-2 Community Business to Conditional A-24 Apartment District re 180 units at Centerville Turnpike and Indian River Road (DISTRICT 1 - CENTER VILLE) RECOMMENDATION: APPROVAL 10. Ordinance to AMEND the Comprehensive Plan re deletion of references to establishment of a Redevelopment and Housing Authority (referred by City Council to the Planning Commission on June 27,2006) K. APPOINTMENTS BIKEWAYS AND TRAILS ADVISORY COMMITTEE GREEN RIBBON COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** Agenda 10/24/06/st www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 24 October 2006 Vice Mayor Louis R. Jones called to order the City Manager's Briefing re PUBLIC VOICES on REDEVELOPMENT in the City Council Conference Room, City Hall, on Tuesday, October 24, 2006, at 2:00 P.M. Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Economic Development visit - Germany Stihl Enterprises] October 24, 2006 - 2 - VICE MA Y OR <S COMMENTS 2:00 P.M. ITEM # 55701 Vice Mayor Jones advised Mayor Oberndorf is on an economic development visit to Germany. Hans Peter Stihl, Chairman of Stihl Enterprises invited approximately one hundred (100) top level Chief Executive Officers and Chairmen of the Boards of private industry in Europe to attend the meeting. ITEM # 55702 Vice Mayor Jones congratulated Council Lady Wilson elected to a three-year term - Virginia Municipal League Executive Committee. The City Council is very proud. ITEM # 55703 Council Lady Henley CANCELLED the FARM TOUR (sponsored by the Farm Bureau and the Agricultural Community Wednesday, October 25, 2006, from 9:00 A.M. to 3:00 P.M.) due to various conflicts regarding City Council Members attendance. Council Lady McClanan hoped this wouldjust be a postponement. Council Lady Henley advised for a tour of this nature, the Winter and Spring are not advisable. An effort will be made, but it cannot be in the immediate future. October 24,2006 - 3 - C IT Y MANA G E R 'S B R IE FIN G PUBLIC VOICES ON REDEVELOPMENT 2:00 P.M. ITEM # 55704 Betsy McBride, Project Team Leader - Public Voices on Redevelopment, introduced the Project Team members in attendance: Cynthia Whitebred-Spanoulis - Economic Development, Lise Chandler White - Media and Communications, Chuck Applebach - Media and Communications. The Project Team has spent two (2) years meeting every Monday afternoon. Today, the City Council will hear from a representative group of citizens participating in the Public Voices on Redevelopment Leadership Team: Rob Goodman, Susan Thompson, Robert O'Connor and Paul Kirchoff. Public Voices on Redevelopment has been an opportunity to place citizens at the center of the needed discussion. The Leadership Team has been meeting since April 2005. The Leadership Team met twelve (12) times, beginning April 2005, and the last time on October 4, 2006 (encompassing 950 man hours of work). After their report on the Executive Summary each of the representative citizens will present their personal observations and suggestions. Rob Goodman, President of Virginia Beach Visions, referenced three (3) points: Redevelopment - The Reality; Why Involve the Community? and "Framing the Issue". City Council and the community have made a commitment to the Green Line (preserve open space to the south of the Green Line and provide new housing for residents and new commercial development, economic growth north of the Green Line). The City has a commitment to preserve land and wisely use and reuse the areas designated for development. Redevelopment is happening - every time an older dwelling is renovated or replaced with another structure that change is redevelopment. Involving the community is part of the democratic process. The Leadership worked hard at framing the issue, identifYing many issues associated with redevelopment. There were 264 separate issues which involved one central question: How is a City vision created and a process for Redevelopment serving all the interests? The Leadership Team agreed to hold community wide forums and provide for participation from interested groups as well as individuals. A Reader was produced. A televised kick-off with a keynote presentation by Joel Garreau, a Washington Post columnist and Author. Mr. Garreau spoke relative shifting wealth, influence and commerce from inner cities to neighboring communities, comparing Virginia Beach to other communities across the Nation that are becoming communities of choice for companies, workers and proponents of quality of life issues. A Panel participation forum was then conducted. A D VD of these items are available through all the City's Libraries. A training session was conducted for community volunteers to become impartial Moderators and Reporters of the Forum. Susan Thompson advised the twenty-one (21) Forums in which she participated, four (4) of which she served as an observer, taking notes for the general meeting and preparing the charts. The information containedfrom the twenty-one (21) Deliberative Forums was utilized toform the Executive Summary. Robert 0 'Connor shared the recommendations from the Executive Summary. EXECUTIVE SUMMARY Combined Observationsfrom Forums The public expressed virtually unanimous support for the City Council, as an elected accountable body, to receive views on Redevelopment for their consideration. A common, but not universal theme, expressed was that there is a lack of trust in government. October 24, 2006 - 4- C IT Y MANA G E R 'S B R IE FIN G PUBLIC VOICES ON REDEVELOPMENT ITEM # 55704 (Continued) Participants insisted upon an institutionalized on-going role in the planning process for citizens to work on redevelopment and neighborhood revitalization. Committees or commissions should be formed at the neighborhood level to consider local projects and identify redevelopment needs and funding priorities. Related to this is a request to educate citizens on the process and impacts of proposed projects. The active partnership of citizens, business, government, military and others, is an absolute requirement for the creation of a vision or plan for redevelopment. The role of government in the process of Redevelopment is to convene and manage an open and transparent process, provide professional expertise, identify the zoning and other requirements to implement the redevelopment plan, and then implement and protect the plan. A long-term unified Redevelopment VISIOn should include multiple planning components (e.g. infrastructure, transportation, open space). It must be broadly understood, consistently applied and rigorously adhered to by government actions. Paul Kirchoff advised the Leadership Team expended much time and effort summarizing all the information for the Executive Summary and he believes they have captured the essence of the feedback in the following four themes: COMBINED ISSUES, CONCERNS AND THEMES FROM FORUMS . Redevelopment and Housing Authority . Some (but no general) support of a Redevelopment and Housing Authority with limited powers October 24, 2006 - 5 - C IT Y MANA G E R'S B R IE FIN G PUBLIC VOICES ON REDEVELOPMENT ITEM # 55704 (Continued) 1, Affordable Housing . Discussed as a general concept - not as strictly defined by HUD . Need to serve diverse needs/income groups . Range of observations... . Government regulations make housing too expensive . City incentives to encourage private development 1, Government / Developer Relationship . Often cited as too strong . Citizens not being heard . Unpredictable application of rules . Developers generally considered essential partners in city vision 1, Comprehensive Planning . Existing plan not followed . Exceptions cause problems . Desire for long-term Redevelopment plan/vision . Beginning at the neighborhood level . Need better notification of changes The City Manager advised the report and discussions conducted addressed the importance of having the neighbors and the property owners in an area involved when deciding what a Redevelopment Plan might be for a certain area, determining the desires of the neighborhood, the method to obtain and the priorities in the Capital Improvement Program (CIP) (not the actual act of condemning a certain piece of property). Vice Mayor Jones expressed concern relative the "bullet" in the Executive Summary re lack of trust in government. Susan Thompson, distributed an invitation to the Community Connections Civic Fair, (8:30 A.M. to Noon, Saturday, October 28, 2006, Virginia Beach Convention Center). This Fair is co-sponsored by the Virginia Beach Council of Civic Organizations and the City of Virginia Beach. This Fair is to educate the citizenry. Todd Solomon, President - Shore Drive Community Coalition, Fire Chief Greg Cade, Police Chief A.M. "Jake" Jacocks ", and Charles Meyer, Chief Operating Officer, will be featured speakers. Rob Goodman as President of Virginia Beach Visions, reiterated Vision's request to examine a Virginia Beach Tomorrow type of group reflecting from ten (J 0) to twenty (20) years the future of the City (i. e. impact of Navy). A Virginia Beach Tomorrow analysis was prepared in 1977 and updated in 1986, This would include an insert to City Council's Vision for 2021. Every business has a plan, which they upgrade. October 24, 2006 - 6 - C IT Y MANA G E R 'S B R IE FIN G PUBLIC VOICES ON REDEVELOPMENT ITEM # 55704 (Continued) Betsy McBride advised all the products (including the Executive Summary) of the Public Voices on Redevelopment will be referred to the Economic Development Strategic Issue Team, charged with proceeding with the creation of the Redevelopment Strategy. The City Manager advised Donald Maxwell, Director of Economic Development and Robert J. Scott, Director of Planning, are scheduled to brief City Council on November 7, 2006, relative the process necessary to place the Redevelopment Strategy before the Community and City Council. October 24, 2006 - 7 - CITY COUNCIL COMMENTS 3:23 P.M. ITEM # 55705 Councilman Dyer and Charles Meyer, Chief Operating Officer, attended a recent meeting of the citizens of Tarleton Oaks Condominiums (an established community). A compostfacility was built in "literally" their back yard and near Tallwood Elementary School. As a result of Tropical Storm Ernesto, much of the compost material went into the lake forming microbes. Councilman Dyer expressed appreciation to Council Members DeSteph and Diezel for their site visits. The hydrogen sulfide, a poisonous gas, was identified. The entire neighborhood smelled of "rotten " eggs. Charles Meyer, Chief Operating Officer, referenced inquiries re possible solutions. Mr. Meyer concurred with the establishment of a Joint Group consisting of representatives of the City of Virginia Beach, Southeastern Public Service Authority (SPSA) and the Tarleton Oaks Condominium Association. The City would agree to testing for the purposes of hydrogen sulfide which is a natural occurring substance that occurs when materials are septic. Mr. Meyer advised the City tests for hydrogen sulfide every day in all of the sewer pumping stations throughout the City in order to protect the workers. In small amounts, this material is not dangerous. However, in large amounts, it could be a volatile gas. John Barnes, Waste Management Administrator, is in the process, of jointly developing protocols of how often the testing will be done and perimeters involved. Testing will be done in the immediate location of the composting operation, as well as in the surrounding neighborhood. The best practices of the composting operation will also be evaluated. There will be an attempt to draw additional, more specific information from the neighborhood i.e. days of the week when the odors are higher and lower. Mr. Barnes' correspondence of October 23, 2006, itemizes eight (8) specific actions. Said information is hereby made a part of the record. Councilman DeSteph expressed concern relative a document from Glenn A. Huff concerning a draft report from the Agency for Toxic Substances and Disease Registry (ATSDR) examining the hydrogen sulfide, advising the Minimal Risk Level for hydrogen sulfide has been set at 0.2 parts per Million. SPSA measured seven (7) times that level (1.4 ppm). The City must examine the long term impact. Hydrogen sulfide is a huge catalyst for Cancer of the Trachea, Bronchus and Lung among residents when exposed to high levels. Mr. Meyer advised the OSHA (Occupational Health and Safety Administration) hydrogen sulfide standards are somewhere in the range of 8 to 10 parts per Million. Mr. Meyer advised the property is owned by the City and part of the City's landfill. This involves a corner of the property not in use for the normal land filling operations and which has been leased to SPSA for the purpose of the composting operations. The Yard Waste Facility was issued a Warning Letter by the Department of Environmental Quality on September 20, 2006. A number of residents have attributed health concerns to the yard waste facility. Mr. Meyer advised a report will be provided by November 7, 2006. ITEM # 55706 Councilman Villanueva advised he was a guest speaker at the recent Blacks In Government Region III Training Conference on October 14, 2006. Councilman Villanueva presented the Appreciation Award to the Vice Mayor. This Award was presented to the City of Virginia Beach and the Virginia Beach Convention and Visitors Bureau. Blacks in Government is looking forward to bringing their National Convention to Virginia Beach. Their National Convention in Denver was attended by over 3,000 members. October 24, 2006 - 8 - CITY COUNCIL COMMENTS ITEM # 55707 Council Lady Henley advised the monthly Forum for the Princess Anne District is scheduled for Thursday, October 26, 2006, at 5:00 P.M., City Hall Building!, Third Floor Conference Room. Normally, this Forum is held in Building I1h, but the Voter Registrar's office will be utilizing the building on October 26, 2006. ITEM # 55708 Councilman Dyer requested a Briefing re the status of the Rosemont Forestflooding issue. Council Lady McClanan requested the other areas, such as Mount Trashmore, around this vicinity be included. The City Manager shall provide information. ITEM # 55709 BY CONSENSUS, City Council DECLARED thefollowing Boards and Commissions INACTIVE: CITIZEN BRAC COMMITTEE JOINT LAND USE TASK FORCE MEALS TAX TASK FORCE SENIOR CITIZEN REAL ESTATE TAX RELIEF TASK FORCE SUPER HORNET COMMISSION TAX ASSESSMENT TASK FORCE AND, HELD IN ABEYANCE FOR A POTENTIAL APPOINTMENT: SPORTS AUTHORITY OF HAMPTON ROADS October 24, 2006 - 9- AGENDA RE VIE W SESION 3:45 P.M. ITEM # 55710 1.1. A Resolution to ESTABLISH an EMPLOYEE BENEFITS REVIEW TASK FORCE to serve in an advisory capacity to City Council A Revised Resolution was distributed. Correspondence from Sheriff Paul J. Lanteigne expressing concerns is hereby made a part of the record. Council Lady Henley advised this is an Advisory Task Force. ITEM # 55711 1.4. Ordinance to AUTHORIZE temporary encroachments: a. Into the City's right-ofway, (known as Dinwiddie Road, Dupont Circle and Bay Drive) by BAYVISTA PROPERTIES, LLC, to construct and maintain a keystone retaining wall with railing, wooden walkway and steps at 3800 Dupont Circle. (DISTRICT 4 - BAYSIDE) Vice Mayor Jones inquired re the existence of a policy. Robert Scott, Director of Planning, advised years ago encroachments in North Virginia Beach presented a serious problem. The City Council removed numerous encroachments and established basic rules and guidelines. Some were allowed to remain based on hardships, etc. Vice Mayor Jones understood there are other applications in Croatan. The City Manager advised there are two (2) pending encroachment applications. Vice Mayor Jones was concerned re the effect on other locations along the waterfront. Vice Mayor Jones advised he would be requesting DEFERRAL Council Lady McClanan referenced the picture of the entire application and the city walkway. Jim Lawson, Real Estate, advised there was a city walkway installed approximately eighteen (J 8) months ago at this location. The applicant's request is an amenity to their building. ITEM # 55712 1.5. Ordinances to ACCEPT, APPROPRIATE and/or TRANSFER: a. $5,392,061 in FY-2005-06 School Reversion Funds to the FY 2006-07 School's Budget Council Lady Wilson referenced only $420,000 is being allocated for bus replacements. This is low compared to funds in the past. Catheryn Whitesell, Director - Management Services, advised Schools have a substantial amount of funding re buses in their Operating Budget and believes this is to help maintain their current schedule. This will just add additional funds for a few extra buses. Mrs. Whitesell advised these appropriations are only a portion of the Reversion funding, the rest will be scheduled for a future City Council Session. Vice Mayor Jones was concerned re the "year end funding" policy in terms of "one time" funds utilized for Capital Projects. Mrs. Whitesell advised the Policy states "one time use". The Virginia Beach Schools Finance Department has assured these are for "one time usage". Dr. James G. Merrill, Superintendent - Virginia Beach City Schools shall respond to City Council concerns during the Formal Session. October 24,2006 - 10- A GENDA REVIEW SESION ITEM # 55713 BY CONSENSUS, the following shall compose the CONSENT AGENDA: I. RESOLUTION/ORDINANCES 1. A Resolution to ESTABLISH an EMPLOYEE BENEFITS REVIEW TASK FORCE to serve in an advisory capacity to City Council 2. Ordinance to A UTHORIZE execution of a lease with Richmond 20MHz, LLC d/b/a NTELOS re wireless telecommunication facilities at 2061 Chicory Street (DISTRICT 7 - PRINCESS ANNE) 3. Ordinance to A UTHORIZE acquisition of property at 225 11h Street (Pepper's Restaurant), ~by agreement er (Jel'ldemnstiel'l, in fee simple for the sum of $900,000 (DISTRICT 6 - BEACH) 4. Ordinance to A UTHORIZE temporary encroachments b. Into the City's right-of-way by INDIAN RIVER WOODS HOMEOWNERS ASSOCIATION, INC., to maintain existing landscaping, underground irrigation system and portion of a fence with brick columns at Indian River Road and Deep Water Way. (DISTRICT 1 - CENTERVILLE) 5. Ordinances to ACCEPT, APPROPRIATE and/or TRANSFER: b. $5,392,061 in FY-2005-06 School Reversion Funds to the FY 2006-07 School's Budget c. $1,218,456 in additionalfundsfrom the FY 2006-07 General Fund Reservefor Contingencies to FY 2006-07 Budget for Revenue Reimbursements re Tax Exemption for the Elderly and Disabled to fully fund the program d. Virginia Department of Motor Vehicles (DMV) to the Police's FY 2006-07 Budget: 1. $45,000 re lectures to demonstrate the consequences of Driving Under the Influence (DUI) 2. $12,600 re conducting presentations on seatbelt usage laws within high schools e. $30,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2006-07 Budget for reimbursement of expenses for individual deployment of a member of Virginia Task Force 2 re assisting State of Louisiana with their search and rescue plan f. $29,353 from the Virginia Aquarium and Marine Science Center Foundation to the FY 2006-07 Budget of the Department of Museums and Cultural Arts re medical care, holdingfacilities and transport for live marine animal strandings October 24, 2006 - 11 - AGENDA RE VIE W SESION ITEM # 55713 (Continued) g. $25,000 from the Virginia Department of Conservation and Recreation and $12,100fromAgriculture to the FY 2006-07 Planning and Community Development Budget re restoration of existing riparian shoreline buffers, printing of an educational fact sheet and an information kiosk at Lynnhaven Middle, Brookwood and Plaza Elementary schools in the Lynnhaven River watershed. h. $25,000 from the National Fish and Wildlife Foundation to the FY 2006-07 Budget of Planning and Community Development re restoration of a fish habitat in Stumpy Lake Natural Area Item 1. 1. will be ADOPTED, BY CONSENT, AS REVISED. Council Members Henley and McClanan will vote a VERBAL NAY on item 1.3 (Pepper's Restaurant) October 24, 2006 - 12 - AGENDA RE VIE W SESSION ITEM # 55714 1. 9. Application of OXFORD PROPERTIES, LLC, for a Chanf!e of Zoninf! District Classification from B-2 Community Business to Conditional A-24 Apartment District re 180 units at Centerville Turnpike and Indian River Road (DISTRICT 1 - CENTERVILLE) Councilman Dyer will ABSTAIN as he is an employee ofCBN, Regent University. The apartment units, clubhouse and garages will be located on the CBN and Regent University property. ITEM # 55715 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT Agenda: J. PLANNING 1. Application ofS & R PROPERTIES, L.L.C.for a Modification of Condition #4 of a Conditional Use Permit for a bingo hall, re changing the days of operation, at 4933 Cleveland Street. (approved on January 26, 1999 and modified February 25,2003), (DISTRICT 2 - KEMPSVILLE) 2. Application of CHECKERED FLAG MOTOR CAR COMPANY for Modification of Conditions and Proffers to allow expansion of existing buildings and parking modifications at 5301 Virginia Beach Boulevard and 270 Clearfield Avenue (Approved October 23,2001, and modified March 8,2005, and April 25, 2006) (DISTRICT 2 - KEMPSVILLE). 3. Application of JOHN H. and JENNIFER M. NEUMANN for the c/osinf!. vacatinf! and discontinuinf! of an alley to incorporate the right-of-way into their adjoining residential lots at 664 South Atlantic Avenue (Croatan Beach). (DISTRICT 6 - BEACH) 5 Application of VIRGINIA BEACH INVESTMENT COMPANY for a Conditonal Use Permitfor a mini warehouse-self storage facility at 1025 College Park Boulevard. (DISTRICT 1- CENTERVILLE) 8. Application of CHESAPEAKE ATLANTIC, LLC,for a Change of Zoning District Classification from 1-1 Light Industrial and R-1O Residential to Conditional 1-1 Light Industrial for office-warehouses at 173 and 177 South Birdneck Road and 1228 Jenson Drive (DISTRICT 6 - BEACH) 10. Ordinance to AMEND the Comprehensive Plan re deletion of references to establishment of a Redevelopment and Housing Authority (referred by City Council to the Planning Commission on June 27, 2006) Council Lady McClanan will vote a VERBAL NAY on Item 1.8 (Chesapeake Atlantic) Item 10 will be ADOPTED, AS REVISED, BY CONSENT October 24, 2006 - 13 - ITEM # 55716 Vice Mayor Louis R. Jones 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 MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies 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: Lynnhaven House Beach District: Cavalier/Mamoudis Property Inter-Facility Traffic Area Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION (4:10 P.M.). Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf (Closed Session: 4:10 P.M. - 5:10 P.M.) (Break: 4:12 P.M. - 4:19 P.M.) (Certified at 5:12 P.M.) (Dinner: 5:15 P.M. - 5:50 P.M.) October 24, 2006 - 14- CERTIFICATION OF CLOSED SESSION ITEM# 55717 Vice Mayor Louis R. Jones RECONVENED the Informal Session in the City Council Conference Room, City Hal!, on Tuesday, October 24, 2006, at 5: 12 P.M for the purpose of CERTIFYING the Closed Session. Upon motion by Councilman Dyer, seconded by Councilman Wood, 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: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 24, 2006 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREA.9. The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 55716, Page 13, and in accordance with the provisions of The Virginia Freedom of Information A~ and, WHEREA.9. Section 2.2-3712 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 VEn 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. uth Hodges Smith, MMC City Clerk October 24, 2006 - 15 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 24, 2006 6:00 P.M. Vice Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 24, 2006, at 6:00 p.M. Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Absent: Mayor Meyera E. Oberndorf [Economic Development visit - Germany Stihl Enterprises}} INVOCATION: Reverend John Boyer Pastor, Church of Christ at Creeds 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. October 24, 2006 - 16 - Item V-E.l. MINUTES ITEM #55718 Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of October 10, 2006. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 24, 2006 Item V-G. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 17 - ITEM #55719 AGENDA FOR THE FORMAL SESSION October 24, 2006 - 18 - Item V-G. 2. RECOGNITION ITEM #55720 Vice Mayor Jones recognized the following Boy Scouts in attendance to fulfill requirements for their Communications and Citizenship badges. Troop 141 Charity Neck Methodist Church Nick Browning Duncan McKeen Josh Maurer A.J. Thompson Cole Warren Scout Master Daryl Aldridge Merit Badge Counselor Michael Mathews October 24, 2006 - 19 - Item V-F.l. PUBLIC HEARING ITEM #55721 Vice Mayor Jones DECLARED A PUBLIC HEARING LEASE OF CITY PROPERTY Richmond 20MHz, LLC, d/b/a Ntelos at 2061 Chicory Street There being no speakers registered, Vice Mayor Jones CLOSED THE PUBLIC HEARING. October 24, 2006 - 20- Item V.I. RESOLUTION/ORDINANCES ITEM #55722 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Resolution/Ordinances 1 (AS REVISED), 2, 3, 4b, 5a/b/cld/e/f/g of the CONSENT AGENDA Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf Council Members Henley and McClanan voted a VERBAL NA Y on Item 1.3 (pepper's) October 24, 2006 - 21 - Item V.I.i. RESOLUTION/ORDINANCES ITEM #55723 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, AS REVISED: A Resolution to ESTABLISH an EMPLOYEE BENEFITS REVIEW TASK FORCE to serve in an advisory capacity to City Council Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 24, 2006 REVISED VERSION Requested by Councilmember Bill DeSteph A RESOLUTION ESTABLISHING AN EMPLOYEE BENEFITS REVIEW TASK FORCE 1 WHEREAS, benefits for City and School employees represent a 2 significant portion of the City's operating budget; and 3 WHEREAS, it would be beneficial to balance the City's need 4 to attract and retain a highly professional and competent work 5 force with the City's ability to financially support the cost of 6 such benefits; and 7 WHEREAS, an analysis of employee benefits and alternative 8 benefit options would aid the City Council in making budgetary 9 decisions about such benefits. 10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA: 12 1. That City Council hereby establishes the Employee 13 Benefits Task Force (the "Task Force"); 14 2 . That the members of the Task Force shall be comprised 15 of eleven members, appointed by City Council, to include two 16 members of City Council, three business professionals, a 17 representative from the School Board, a Public Safety employee, 18 an additional City employee representative, and three subj ect 19 matter experts (one City staff person, one expert from the 20 private sector, and one general benefits expert). All of the 21 appointees shall have extensive experience in matters involving 22 employee benefits and retirement plans; 23 3. That the Task Force shall serve in an advisory 24 capacity to City Council; 25 4. That the Task Force shall: 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 a. review the package of benefits provided by the City and Virginia Beach Public Schools; b. compare the current level and type of employee benefits to those provided by other governmental entities and by private businesses; c. identify and examine al ternati ve benefit options and approaches in order to balance the community's need to attract and retain a highly professional and competent work force with the community's ability to financially support the cost of such benefits; d. examine the potential for increased efficiency with respect to both benefits offered and the administration of those benefits; e. prepare a report to the City Manager and the City Council on the Task Force's analysis and present a series of recommendations regarding the most appropriate package of employee benefits; and f. outline approaches to transition from the current package of benefits to any proposed alternative benefit package. 46 5. That the City Manager shall provide necessary staff 47 support to assist the Task Force in the completion of its 48 charge; 49 6. That the Task Force shall report its findings to City 50 Council no later than February 1, 2007. Upon presentation of 51 its findings, the Task Force shall sunset, unless specifically 52 extended by City Council; and 53 7 . That any recommendations of the Task Force, if adopted 54 by City Council, shall apply only to employees hired after July 55 1, 2007. 56 Adopted by the Council of the City of Virginia Beach, 57 Virginia on the 24th day of October , 2006. Approved as to Legal Sufficiency: Z~~ :r City Attorney's Office CAI0193 V:\applications\citylawprod\cycom32\Wpdocs\D019\POOl\0022236.DOC October 20, 2006 R3 - 22- Item V.I.2. RESOLUTION/ORDINANCES ITEM #55724 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE execution of a lease with Richmond 20MHz, LLC d/b/a NTELOS re wireless telecommunication facilities at 2061 Chicory Street (DISTRICT 7 - PRINCESS ANNE) Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 24,2006 1 2 3 4 5 6 7 8 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN RICHMOND 20MHZ, LLC, D/B/A NTELOS AND THE CITY FOR CERTAIN PROPERTY TO BE USED FOR WIRELESS TELECOMMUNICATIONS FACILITIES WHEREAS, the City of Virginia Beach (the "City") is the 9 owner of certain property (the "Property") located at 2061 Chicory 10 Street, (Princess Anne District), on which an electrical 11 transmission tower containing wireless telecommunications 12 facilities, consisting of an antenna array located on the said 13 tower and a building housing accessory equipment, are located; and 14 WHEREAS, Richmond 20MHZ, LLC, d/b/a NTELOS ("NTELOS"), 15 desires to lease a portion of the Property, together with easements 16 for vehicular and pedestrian access and the installation, 17 maintenance and replacement of necessary utilities, wiring, cables 18 and other conduits, for purposes of maintaining and operating the 19 existing accessory building housing equipment used in conjunction 20 with the aforesaid antenna array; and 21 WHEREAS, City staff has determined that the Property is 22 sui table for such purposes; and 23 WHEREAS, subject to the approval of the City Council, 24 NTELOS and City staff have agreed upon the terms of a proposed 25 lease setting forth the responsibilities and obligations of the 26 parties; 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 That the City Manager is hereby authorized and directed 30 to execute, on behalf of the City, the lease entitled GROUND LEASE 31 AGREEMENT (CHICORY STREET SITE), CITY OF VIRGINIA BEACH, LESSOR AND 32 RICHMOND 20MHZ, LLC, D/B/A NTELOS, a summary of the material terms 33 of which is hereto attached and a copy of which is on file in the 34 Office of the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia, on the 24th day of October , 2006. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 CA-10184 OID\Land Use\telecornrn\ntelos lease ord.doc R-1 October 13, 2006 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: M,~ 2 NTELOSLEASEAGREEMENT Summary of Material Terms Location: 2061 Chicory Street, north of Monet Drive (Princess Anne District) Use: Continue pre-existing use of a building housing equipment used in conjunction with wireless telecommunications antenna located on electrical transmission tower adjacent to leased area Lessee: Richmond 20MHz, LLC, d/b/a! NTELOS Leased Area: As shown on lease exhibit, with access and maintenance easements, for accessory outbuilding housing telecommunications equipment Term: Five years with right of renewal only by mutual consent Rent: $6,000 per year (first year); 3% annual increase after 1st year Other: Lessee's operation not to interfere with City functions; Lessee must correct interference immediately or, if not correctable, lease may be terminated within 30 days Lessee may expand, etc. building only with City's consent Lessee required to comply with all terms of conditional use permit Lessee required to carry $1 ,000,000 comprehensive insurance, plus other insurances Lessee required to indemnify City for injuries, etc., caused by Lessee's negligence, etc. Lessee must remove antennas and building and restore premises to original condition within 90 days of expiration or termination oflease Lessee must plant Category 1 Landscaping around entire perimeter of building - 23 - Item V, 1.3. RESOLUTION/ORDINANCES ITEM #55725 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE acquisition of property at 225 17th Street (Pepper's Restaurant), ~ by agreement BY eel'ldeml'l&tiBl'l, in fee simple for the sum of $900,000 Voting: 8-2 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: Barbara M. Henley and Reba S. McClanan Council Members Absent: Mayor Meyera E. Oberndorf October 24, 2006 1 AN ORDINANCE TO AUTHORIZE THE PURCHASE OF 2 APPROXIMATELY 0.16 ACRES OF PROPERTY 3 LOCATED AT 225 17th STREET IN THE CITY OF 4 VIRGINIA BEACH FROM 17th STREET 5 ASSOCIATES, L.L.P. 6 7 8 9 WHEREAS, 17th Street Associates, L.L.P. owns approximately 0.16 10 acres of real estate located at 225 17th Street in the City of 11 Virginia Beach, Virginia (the "Property") as shown on Exhibit "A" 12 attached hereto; 13 WHEREAS, the City Council of the City of Virginia Beach, 14 Virginia (the "City Council") is of the opinion that the 15 acquisition of the Property would be in the best interests of the 16 City of Virginia Beach; 17 WHEREAS, the City staff has negotiated an agreement to 18 purchase the Property for $900,000; and 19 WHEREAS, funding for this acquisition is available in the 20 Various Site Acquisitions CIP account (CIP 3-368). 21 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA: 23 1. That the City Council authorizes the acquisition of 24 the Property shown on the location map attached hereto as Exhibit 25 "A" . 26 2. That the City Manager or his designee is authorized 27 to execute on behalf of the City of Virginia Beach, a Purchase 28 Agreement for the Property, for the sum of $900,000 and in 29 accordance with the terms contained in the Summary of Terms 30 attached hereto as Exhibit B. 31 3. That the City Manager or his designee is further 32 authorized to execute all documents that may be necessary or 33 appropriate in connection with the purchase of the Property, so 34 long as such documents are acceptable to the City Manager and the 35 City Attorney. 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia, on the 24th day of October , 2006. CA10123 V :\applications\citylawprod\cycorn32\Wpdocs\D0 18\P00 1 \00022113 .DOC R-1 10/18/2006 APPROVED AS TO CONTENT c. APPROVED AS TO LEGAL SUFFICIENCY ~~ City Attorney's Office EXHIB1T A ~-_..-----~.~;.. \ \ \ \ \ \ \ \ .-~-~~.,. ------ -~.-... ,------. .--...-.------ .----;-.- ~---'-- "-/-1'61~S1 -' ~-- -----.- --- ~--~- _./~' LOCATION MAP 17TH STREET ASSOCIATES GPIN 2427-16-6935 o 200 I I Feet Prepared by PW.JEng.JEng. Support Services Bureau 5/3106 \ \ \ \ \ \ \ \ \ \ \ I ----// \ \ \ \ \~ \t"" \ ~ \A \ - \ (') \ \~ \ \ \ \ ) _---.--4.-.._----- _----S-----. ~---r---'..-.".... --,- '--'.----- \ \ \ \ \ \ \ \ \ \ \ \ \ ~ X:\Projects\ARC Files\Agenda Maps\17th St EXHIBIT B SUMMARY OF TERMS AGREEMENT FOR THE PURCHASE OF APPROXIMATELY 0.16 ACRES OF PROPERTY LOCATED AT 22517TH STREET IN THE CITY OF VIRGINIA BEACH OWNER: 17TH Street Associates, L. L. P. BUYER: City of Virginia Beach PROPERTY: Approximately 0.16 acres of property located at 225 17th Street in the City of Virginia Beach, Virginia SALE PRICE: $900,000.00 at Settlement by check. SETTLEMENT DATE: On or before October 24, 2006. SPECIAL TERMS AND CONDITIONS: . None V:\applications\citylawprod\cycom32\ Wpdocs\DO 18\P00 1 \00022125 .DOC - 24- Item v'I.4.a. RESOLUTION/ORDINANCES ITEM #55726 Attorney R. E. Bourdon, Phone: 499-8971, represented the applicant and advised this application was approved November 25, 2003 (FORT WORTH DEVELOPMENT, INC.). The application included a walkway. Upon motion by Council Lady Henley, seconded by Councilman Uhrin, City Council DEFERRED INDEFINITELY AND REFERRED TO THE BEACHES & WATERWAYS COMMISSION RE POLICY FOR ENCROACHMENTS ON/OVER the CITY'S BEACHES: Ordinance to AUTHORIZE temporary encroachments: a. Into the City's right-ofway, (known as Dinwiddie Road, Dupont Circle and Bay Drive) by BAYVISTA PROPERTIES, LLC, to construct and maintain a keystone retaining wall with railing, wooden walkway and steps at 3800 Dupont Circle. (DISTRICT 4 - BAYSIDE) Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 24, 2006 - 25 - Item v'I.4.b. RESOLUTION/ORDINANCES ITEM #55727 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments: b. Into the City's right-of-way by INDIAN RIVER WOODS HOMEOWNERS ASSOCIATION, INC., to maintain existing landscaping, underground irrigation system and portion of a fence with brick columns at Indian River Road and Deep Water Way. (DISTRICT 1- CENTERVILLE) The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnifY and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. It is expressly understood and agreed that the Temporary Encroachment is constructed and will be 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: 6. 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. 7. 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. October 24, 2006 - 26- Item v'I.4.b. RESOLUTION/ORDINANCES ITEM #55727 (Continued) 8. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee 9. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. 10. Landscaping materials must be approved by the Landscape Services Division of the Department of Parks and Recreation. 11. It isfurther expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered Professional Engineer or a licensed Land Surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered Professional Engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 12. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment,' and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 24, 2006 1 Requested by Department of Public Works 2 3 4 AN ORDINANCE TO AUTHORIZE 5 TEMPORARY ENCROACHMENTS INTO A 6 PORTION OF THE CITY RIGHT OF 7 WAY KNOWN AS INDIAN RIVER ROAD 8 BY INDIAN RIVER WOODS 9 HOMEOWNERS ASSOCIATION, A 10 VIRGINIA NON-STOCK CORPORATION 11 12 13 WHEREAS, Indian River Woods Homeowners Association, Inc., a 14 Virginia non-stock corporation, desires to maintain existing 15 landscaping, an underground irrigation system, and a portion of 16 a fence with brick columns within a portion of the City's right 17 of way known as Indian River Road. 18 WHEREAS, City Council is authorized pursuant to 55 15.2- 19 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 20 authorize temporary encroachments upon the City's rights of way 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 authority and to the extent thereof 25 contained in 55 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 26 as amended, Indian River Woods Homeowners Association, Inc., a 27 Virginia non-stock corporation, its assigns and successors In 28 title are authorized to maintain existing temporary 29 encroachments for landscaping, an underground irrigation system, 30 and a portion of a fence with brick columns, located in a 31 portion of the City's right of way as shown on the map marked 32 Exhibi t "A" and entitled: "LANDSCAPE ENCROACHMENT SUBDIVISION 33 OF INDIAN RIVER WOODS VIRGINIA BEACH, VIRGINIA," a copy of which 34 is on file in the Department of Public Works and to which 35 reference is made for a more particular description; and 36 BE IT FURTHER ORDAINED, that the temporary encroachments 37 are expressly subj ect to those terms, conditions and criteria 38 contained in the Agreement between the City of Virginia Beach 39 and Indian River Woods Homeowners Association, Inc., a Virginia 40 non-stock corporation, (the "Agreement"), which is attached 41 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 4 4 Agreement; and 45 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Indian River Woods Homeowners 4 7 Association, Inc. , a Virginia non-stock corporation, and the 48 City Manager or his authorized designee execute the Agreement. 49 Adopted by the Council of the City of Virginia Beach, 50 Virginia, on the 24th day of October 2006. 2 ~ C.~Sw... P Real Estate APPROVED AS TO CONTENTS CA-10018 R-1 PREPARED: 9/12/06 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA10018 Indian River Woods Homeowners Association, Ine.doc V: \applications\citylawprod\cycom32\Wpdocs \DO 15 \POO 1 \ 00018 937. DOC 3 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 1st day of May, 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation ofthe Commonwealth of Virginia, Grantor, "City", and INDIAN RIVER WOODS HOMEOWNERS ASSOCIATION, INC., a Virginia non-stock corporation, and ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: WHEREAS, it is proposed by the Grantee to maintain existing landscaping, an underground irrigation system, and a portion of a fence with brick columns, collectively the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City right of way known as Indian River Road, "The Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within The Encroachment Area. 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 GPIN (City Right of Way - no GPIN required or assigned to Indian River Road) Grantee permission to use the Encroachment Area for the purpose of maintaining the Temporary Encroachment. It IS expressly understood and agreed that the Temporary Encroachment is constructed and will be 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: "LANDSCAPE ENCROACHMENT SUBDIVISION OF INDIAN RIVER WOODS VIRGINIA BEACH, VIRGINIA INST. #200210153048531 SCALE: 1"= 60' JANUARY 17,2006 MADE FOR INDIAN RIVER WOODS HOMEOWNER ASSOCIATION" by Midgette & Associates, P.c. Engineers, Surveyors and Planners, 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 ofthe location or existence ofthe Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor 2 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 agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with its engineer's cost estimate, to the Office of Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 3 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. Landscaping materials must be approved by the Landscape Services Division of the Department of Parks and Recreation. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Indian River Woods Homeowners Association, Inc., a Virginia non-stock corporation, has caused this Agreement to be executed by Donald L. Lane, President, a member of said association with due authority to bind said association. 4 Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk INDIAN RIVER WOODS HOMEOWNERS ASSOCIATION, INC., a Virginia non-stock ~~~ Donald L. Lane, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 200_, by , CITY MANAGER! AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 200_, by RUTH HODGES SMIl'H, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF ,~" t ~ \ CITY/COUNTY OF ~ I Q.~,~\~ to-wit: The foregoing instrument was acknowledged before me thi~day of ~~~ , 200<" , by Donald L. Lane, President, on behalf of Indian River Woods Homeowners Association, Inc., a Virginia non-stock corporation. My Commission Expires: ~e..~ Notary Public ~~~~. ~~ APPROVED AS TO CONTENTS APPROVED AS TO LEGAL ~U~FICIENCY AND FORM . r \ ~ . ,') \.( 4- ." \i '" I" \ \ ( , i . \ \ { .. \ .L, J.\" I i..}" .~.. f" . \ . "--' y. ~ c.~", SI ATURE P fA) J KftU f5ta1i , DEPARTMENT 6 J.U N 1/1 ~ _<t';". .!'l;:!;~ln~"! ~ ll'i.V -: io en r-.~ro<t' 1/1 vl/1Vl Vl ~ ;;: 10_ ~ i~8 il") . I ~r.: <t' !'/w;1DENOTES 1,605 sq. it. OF Z LANDSCAPE ENCROACHEMENT ~DENOTES 964 sq. ft. OF LANDSCAPE ENCROACHEMENT LANDSCAPE ENCROACHMENT SUBDMSION OF INDIAN RIVER 'WOODS VIRGINIA BEACH. VIRGINIA INST,#200210153048531 SCALE: I" = 60' JANUARY 17, 2006 MADE FOR INDIAN RIVER WOODS HOMEOWNER ASSOCIATION Midgette & Associates, P .C. ENGINEERS, SURVEYORS AND PLANNERS VIRGINIA & NORTH CAROLINA 115 BRUTON CT, UNIT C CHESAPEAKE. VA. 23322 TELEPHONE (757) 547-3686 (252) 435-1624 N.C. FAX: (757) 547-5701 N42'14'33"E 189.05' ~ ~ I- ~ I Z CL ::;;; w 3tr~ . otJ!'" g u".., . ,,_t"l g :.:::..N ~ ~ ~ 0:: CD J.U w gio 1"). ixl m N <t'<t'~ooui ioO?O<ONN ~~~~ln 1/1 <t' Vl Vl LOT 20 (M.B.305. PG,32 & 33) N34'47'27"E 128.72' LOT 21 (M.B.305, PG,32 & 33) ).oJ w ...... CL I- !"'~ l3Q R2 Vl::;;; N~ ow'" ZVlVl <(<( -'w to N37'26' 39"E 155.00' PARCEL B (M.B.305. PG.32 & 33) GPIN 1474-91-3260-0000 l' NO INGRESS! EGRESS EASEMENT ~ Z ii: 135.00' 138.60 DBBPW'ATBR WAY 138.61' ~7' '6'39 W 90.00 J.U -<t' ~I") <01") ~~ <Xl In Z In ~ <1d NN C\I . ... .., . ... In ..,01 ~ . U) ~ N~ tl. '" z .n 0 In lli i J.U In_ 1/1 <Xl . 0> <0 . ~:; wl/1 = Vl <0_ -' N 0>1/1 fl,.-j I/1N \ w lJi \ \' 'in_ I") C'l \ - Ol <0 . _ 1")00 0> ~~ 10- <0 -" ~ Vl r,.-j :::IN Vl NOTES: ,. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ALL OF THE EASEMENTS AND/OR RESTRICTIONS THAT MAY AFFECT THIS SITE. lLJ i= '-' REVISED 06/15/06 : FENCE LOCATION F.B. 311 PC.71 FILE NUMBER: 050597.dwg ~ -- ~ z " ii: .1")00 ~~I- 0> W ~ i= Exhibit" A" IRRIGA TION LINE ~ q !;)." lio =1 il;i ~e ~ IRRIGA nON LINE "T1 m to co N,c :a:':':' ,"~tA'}~ ~/,;~ "h..' 't ". -- +=>r-oDctxd_ / I ~ ( , ! f )J G ~ ~ ." m K " m (0 N o C) 0) AK 1~:1 a .t'rLcroo CJY{)fLt~. Alon(j (~Axi t U lS I ~) , FEB 9.2006< LOCATION MAP ENCROACHMENT REQUEST FOR INDIAN RIVER WOODS HOMEOWNER ASSOCIATION " FOR LANDSCAPING AND IRRIGATION SYSTEM h~~:) INDIAN RIVER ROAD AND DEEPWATER WAY ?h// o 100 200 400 I I Feet / Prepared by P.W./Eng./Eng. Support Services Bureau 2/14/06 X:\Projects\ARC Files\Agenda Maps\lndian River Woods\IRW.mxd - 27- Item v'I.5.a/bIc(1)(2)/d/e1f/g RESOLUTION/ORDINANCES ITEM #55728 Dr. James G. Merrill, Superintendent - Virginia Beach City Schools responded to City Council concerns re School Reversion Funds (Item I.5a) and advised these are"one-timrflexpenditures. Dr. Merrill expended many hours with his Board discussing Capital versus Instructional thus more emphasis on expenses that are closer to the classroom i.e. materials for teachers. These requests were split between the Reversion and Revenue over Budget funds. Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to ACCEPT, APPROPRIATE and/or TRANSFER: a. $5,392,061 in FY-2005-06 School Reversion Funds to the FY 2006-07 School's Budget b. $1,218,456 in additionalfundsfrom the FY 2006-07 General Fund Reservefor Contingencies to FY 2006-07 Budgetfor Revenue Reimbursements re Tax Exemption for the Elderly and Disabled to fully fund the program c. Virginia Department of Motor Vehicles (DMV) to the Police's FY 2006-07 Budget: 1. . $45, 000 re lectures to demonstrate the consequences of Driving Under the Influence (DUI) 2. $12,600 re conducting presentations on seatbelt usage laws within high schools d. $30,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2006-07 Budget for reimbursement of expenses for individual deployment of a member of Virginia Task Force 2 re assisting State of Louisiana with their search and rescue plan e. $29,353 from the Virginia Aquarium and Marine Science Center Foundation to the FY 2006-07 Budget of the Department of Museums and Cultural Arts re medical care, holdingfacilities, and transport for live marine animal strandings f. $25,000 from the Virginia Department of Conservation and Recreation and $12,100 from Agriculture to the FY 2006-07 Planning and Community Development Budget re restoration of existing riparian shoreline buffers, printing of an educational fact sheet and an information kiosk at Lynnhaven Middle, Brookwood and Plaza Elementary schools in the Lynnhaven River watershed. g. $25,000from the National Fish and Wildlife Foundation to the FY 2006-07 Budget of Planning and Community Development re restoration of a fish habitat in Stumpy Lake Natural Area October 24, 2006 - 28 - Item V.I.5.a/b/c(1)(2)/d/e/f/g RESOLUTION/ORDINANCES ITEM #55728 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, James 1. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, October 24, 2006 1 2 3 4 5 6 AN ORDINANCE TO APPROPRIATE $5,392,061 IN FY 2005-06 VIRGINIA BEACH SCHOOL REVERSION FUNDS TO THE FY 2006-07 SCHOOL OPERATING BUDGET 7 WHEREAS, $5,392,061 in FY 2005-06 Virginia Beach 8 Public School reversion funds are available for appropriation; 9 and 10 WHEREAS, by resolutions on October 3, 2006 and October 11 17, 2006, the School Board formally requested the City Council 12 to approve the appropriation of school reversion funds to the 13 School Operating Budget. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 (1) That $5,392,061 in school reversion funds is 17 hereby appropriated from the General Fund to the FY 2006-07 18 School Operating Budget in the amounts and for the purposes set 19 forth below: 20 (a) $1,500,000 to the Instructional Category for 21 school SOL support; 22 (b) $1,000,000 to the Instructional Category for 23 school equipment allocations; 24 (c) $1,000,000 to the Operations and Maintenance 25 Category for various school plant projects; 26 (d) $809,061 to the Instructional Category for 27 various instructional materials and equipment; 28 (e) $420,000 to the Transportation Category for bus 29 replacements; 30 ( g) $400,000 to the Operations and Maintenance 31 Category for instructional technology infrastructure; 32 (h) $140,500 to the Operations and Maintenance 33 Category for custodial equipment; 34 (i) $100,000 to the Operations and Maintenance 35 Category for equipment and vehicles for School Landscape 36 Services; 37 (j) $22,500 to the Instructional Category for high 38 school graduation allocations; and 39 (2) That estimated revenue from use of the Fund 40 Balance of the General Fund is increased by $5,392,061. 41 Adopted by the Council of the City of Virginia Beach, 42 Virginia on the 24t-h day of Or.t-oher 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: l)~Q, CA10191 V:\applications\citylawprod\cycom32\Wpdocs\D012\P001\O0021779.DOC R-3 October 12, 2006 .. IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE SCHOOL BOARD Daniel D. Edwards Chairman District 1 - Centerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h). 717-0259 (c) Rita Sweet Bellitto Vice Chairman At-Large P.O. Box 6448 VA Beach, VA 23456 418-0960 (c) Todd C. Davidson At-Large 2424 Savannah Trail VA Beach , VA 23456 427-3330 (w) . 285-9409 (c) Emma L. "Em" Davis District 5 - Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (h) Patricia G. Edmonson District 6 - Beach 401-205 Harbour Point VA Beach, VA 23451 428-5240 (h) Edward F. Fissinger, Sr. At-Large 412 Becton Place VA Beach, VA 23452 486-4567 (h) Dan R. Lowe District 4 - Bayside 4617 Red Coat Road VA Beach, VA 23455 490-3681 (h) Lyndon S. Remias District 7 - Princess Anne 3225 Nansemond Loop VA Beach, VA 23456 630-6102 (c) Sandra Smi1h-Jones District 2 - Kempsville 705 Rock Cteek Court VA Beach, VA 23462 490-8167 (h) Michael W. Stewart District 3 - Rose Hall 105 Brentwood Court VA Beach, VA 23452 498-4303 (h) . 445-4637 (w) Carolyn D. Weems At-Large 1420 Claudia Drive VA Beach , VA 23455 464-6674 (h) SUPERINTENDENT James G. Merrill, Ed.D. 2512 George Mason Drive VA Beach, VA 23456 263-1007 RESOLUTION REGARDING FY 2005-06 REVERSION FUNDS WHEREAS, On September 19, 2006 the School Board was presented with a summary of the unaudited financial statement for FY 2005-06 realizing $328,314 in additional revenue and $5,063,747 in expenditure savings resulting in total reversion funds of $5,392,061; and WHEREAS, the Administration recommends the following non-recurring uses for the $5,392,061 million: . $ 1,500,000 to Fund liS-School Operating Fund Budget, Instructional category, for school SOL support allocations . $ 1,000,000 to Fund liS-School Operating Fund Budget, Instructional category, for school equipment allocations . $ 1,000,000 to Fund liS-School Operating Fund Budget, Instructional category, for various School Plant projects . $ 809,061 to Fund liS-School Operating Fund Budget, Instructional category, for various instructional materials and equipment . $ 420,000 to Fund liS-School Operating Fund Budget, Transportation category, for bus replacements . $ 400,000 to Fund liS-School Operating Fund Budget, Operations and Maintenance category. for instructional technology infrastructure . $ 140,500 to Fund liS-School Operating Fund Budget, Operations and Maintenance category. for custodial equipment . $ 100,000 to Fund liS-School Operating Fund Budget. Operations and Maintenance category, for equipment and vehicles for School Landscape Services . $ 22,500 to Fund IIS"School Operating Fund Budget, Instructional category, for high school graduation allocations Now, therefore, be it RESOLVED: That the Board approves the recommended uses of the FY 2005-06 reversion as presented by the Administration; and be it further RESOLVED: That a request be made of City Council to appropriate $5,392,061 as presented by the Administration; and be it further RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City SEA L Attest: ~ 'f.0J..w~ Dianne P. Alexander. Clerk of the Board School Administration Building . 2512 George Mason Drive . P.O. Box 6038 . Virginia Beach, VA 23456-0038 +IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE SCHOOL BOARD Daniel D. Edwards Chairman District 1 - Centerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h) . 717-0259 (c) Rita Sweet Sellitto Vice Chairman At-Large P.O. Box 6448 VA Beach, VA 23456 418-0960 (c) Todd C. Davidson At-Large 2424 Savannah Trail VA Beach, VA 23456 427-3330 (w) . 285-9409 (c) Emma L. "Em" Davis District 5 - Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (h) Patricia G. Edmonson District 6 - Beach 401-205 Harbour Point VA Beach, VA 23451 428-5240 (h) Edward F. Fissinger, Sr. At-Large 412 Becton Place VA Beach, VA 23452 486-4567 (h) Dan R. Lowe District 4 - Bayside 4617 Red Coat Road VA Beach, VA 23455 490-3681 (h) Lyndon S. Remias District 7 - Princess Anne 3225 Nansemond Loop VA Beach, VA 23456 630-6102 (c) Sandra Smith-Jones District 2 - Kempsville 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h) Michael W. Stewart District 3 - Rose Hall 105 Brentwood Court VA Beach, VA 23452 498-4303 (h) . 445-4637 (w) Carolyn D. Weems At-Large 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) SUPERINTENDENT James G. Merrill, Ed.D. 2512 Geotge Mason Drive VA Beach, VA 23456 263-1007 RESOLUTION REGARDING FY 2005-06 REVERSION FUNDS WHEREAS, On September 19, 2006 the School Board was presented with a summary of the unaudited financial statement for FY 2005-06 realizing $328,314 in additional revenue and $5,063,747 in expenditure savings resulting in total reversion funds of $5.392,061 ; and WHEREAS, the Administration recommends the following non-recurring uses for the $5,392,061 million: . $ 1,500.000 to Fund liS-School Operating Fund Budget, Instructional category, for school SOL support allocations . $ 1,000,000 to Fund liS-School Operating Fund Budget, Instructional category, for school equipment allocations . $ 1,000,000 to Fund liS-School Operating Fund Budget, Operations and Maintenance category, for various School Plant projects . $ 809.061 to Fund liS-School Operating Fund Budget, Instructional category, for various instructional materials and equipment . $ 420.000 to Fund liS-School Operating Fund Budget, Transportation category. for bus replacements . $ 400,000 to Fund I IS-School Operating Fund Budget, Operations and Maintenance category, for instructional technology infrastructure . $ 140.500 to Fund liS-School Operating Fund Budget, Operations and Maintenance category, for custodial equipment . $ 100.000 to Fund liS-School Operating Fund Budget, Operations and Maintenance category. for equipment and vehicles for School Landscape Services . $ 22,500 to Fund liS-School Operating Fund Budget, Instructional category, for high school graduation allocations Now. therefore. be it RESOLVED: That the Board approves the recommended uses of the FY 2005-06 reversion as presented by the Administration; and be it further RESOLVED: That a request be made of City Council to appropriate $5,392.061 as presented by the Administration; and be it further RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor. each member of City Council. the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 17th day of October 2006 ~ ~)..,...A ~-ik. SEA L Rita Sweet Bellittb. Vice Chair Attest: ~.f~ Dianne P. Alexander, Clerk of the Board School Administration Building . 2512 George Mason Drive . P.O. Box 6038 . Virginia Beach, VA 23456-0038 1 AN ORDINANCE TO TRANSFER $1,218,456 IN 2 ADDITIONAL FUNDS FROM THE FY 2006-07 3 GENERAL FUND RESERVE FOR CONTINGENCIES TO 4 FY 2006-07 OPERATING BUDGET FOR REVENUE 5 REIMBURSEMENTS FOR TAX EXEMPTION FOR THE 6 ELDERLY AND DISABLED TO FULLY FUND THIS 7 PROGRAM 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 That $609,228 is hereby transferred from the FY 2006-07 11 General Fund Reserve for Contingencies for Compensation and 12 $609,228 is hereby transferred from the FY 2006-07 General Fund 13 Reserve for Contingencies for Fuel Reserves to the FY 2006-07 14 Operating Budget for Revenue Reimbursements for Tax Exemption for 15 the Elderly and Disabled to fully fund this program. 16 Adopted by the Council of the City of Virginia Beach, 17 Virginia, on the 24th day of Or.t-nhpr , 2006. Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J:j~Q. Management Services Jf11m p [0 /< oJ0/ /t ^- City Attorney's ~ffice CA10190 R-1 October 11, 2006 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO ACCEPT AND APPROPRIATE $45,000 FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES TO THE POLICE DEPARTMENT'S FY 2006-07 OPERATING BUDGET TO CONDUCT LECTURES TO DEMONSTRATE THE CONSEQUENCES OF DRIVING UNDER THE INFLUENCE WHEREAS, The Police Department has identified $9,000 in 10 matching funds to support this grant. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 (1) That $45,000 is hereby accepted from the Virginia 14 Department of Motor Vehicles and appropriated to the Police 15 Department's FY 2006-07 Operating Budget to provide funding for 16 lectures demonstrating the consequences of driving under the 17 influence, with state revenue increased accordingly. 18 (2) That $9,000 will be transferred within the Police 19 Department's FY 2006-07 Operating Budget to support the grant's 20 match requirement. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on the 24th day of October , 2006. Requires an affirmative vote by a majority of the members of the City Council. J)~G APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT: Management Services JW'M (K~Lv-.. City Attorney' Office CAI0188 V:\applications\citylawprod\cycom32\Wpdocs\D010\P001\OO021652.DOC R-l October 10, 2006 D. B. Smit Commissioner <C<O> MLM[ <0> Nv\VJEA1L lrJH[ of Vl[][{JG lNlLA. Department of Motor Vehicles 2300 West Broad Street August 18, 2006 Post Office Box 27412 Richmond, V A 23269-0001 866-DMV-LINE or. 800-435-5137 Capt. Raymond Eisenberg City of Virginia Beach 2509 Princess Anne Road Virginia Beach, VA 23456 Dear Capt. Eisenberg: Safety has been and will continue to be a high priority in Virginia's overall transportation system. The Kaine Administration is committed to ensuring that safety is the highest priority in the development of the Commonwealth's multi-modal transportation system. I am pleased to inform you the highway safety project proposal(s) listed below have been approved for federal fiscal year 2007 pass-through grant funding. J;:)roiect Title Amo'lnt 4,ggroved DUI Enforcement $45,000.00 The availability of funds pursuant to this grant is contingent upon two conditions: (1) the Pr()j~~ p'i~e~or ~"~~.!~~Fiscal. 9 ()rltact "r~~p~n~i~I~.f()!~~e ~"I'l~I'l~i.l::I!_ml::l~~.eIl1.erlt.ofY()l.Ir 9r~!'lt named In the application must attend a grantee workshop and (2) the release of federal funds to the Commonwealth. The enclosed information provides the dates and locations regarding the mandatory training. The memorandum of conditions and project agreements from David A. Mitchell, DMV Deputy Commissioner, will be provided to your project director during the training session. As the recipient of a FY07 grant award, it is important that you carefully read and follow and adhere to these guidelines. Should have any questions regarding this award, please contact the John Saunders at (804)367-6641. We look forward to the positive impact on highway safety that your project will provide for all Virginians. Thank you for your commitment and participation in improving highway safety. Sincerely, r:?'t....... ....~..' R' ..' ~'.." , ". J~,~-,..... .'.... Pierce R. Homer Enclosure Film: (OO4) 307.6;1:31 ':;'DD: HWO-272-9268 E-.mait: <:;Dll1l:llsh@dmv.v:irginia.gov Web <<:ite:'Nwvv.drovNOW.com 1 2 3 4 5 AN ORDINANCE TO ACCEPT AND APPROPRIATE $12,600 FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES TO THE POLICE DEPARTMENT'S FY 2006-07 OPERATING BUDGET TO CONDUCT PRESENTATIONS WITHIN HIGH SCHOOLS ON SEATBELT USAGE LAWS 6 WHEREAS, The Police Department has identified $3,150 in 7 matching funds to support this grant. 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 (1) That $12,600 is hereby accepted from the Virginia 11 Department of Motor Vehicles and appropriated to the Police 12 Department's FY 2006-07 Operating Budget to provide funding to 13 conduct presentations on seatbelt usage laws within high schools, 14 with state revenue increased accordingly. 15 (2) That $3,150 will be transferred within the Police 16 Department's FY 2006-07 Operating Budget to support the grant's 17 match requirement. 18 Adopted by the Council of the City of Virginia Beach, 19 Virginia, on the 24th day of October , 2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~8e~i~~~~ J,uoo t K~(b. City Attorney's Iflce CA10188 v:\applications\citylawprod\cycom32\Wpdocs\D010\P001\OO021660.DOC R-2 October 13, 2006 D. B. Smit Commissioner (C<O>M[l\\1[ONWJEA1L lflH[ of VJ[J~JGJ[N][A Department of Motor Vehicles 2300 West Broad Street August 18, 2006 Post Office Box 27412 Richmond, V A 23269-0001 866-DMV-LINE or 800-435-5137 Capt. Raymond Eisenberg City of Virginia Beach 2509 Princess Anne Road Virginia Beach, VA 23456 Dear Capt. Eisenberg: Safety has been and will continue to be a high priority in Virginia's overall transportation system. 'The Kaine Administration is committed to ensuring that safety is the highest priority in the development of the Commonwealth's multi-modal transportation system. I am pleased to inform you the highway safety project proposal(s) listed below have been approved for federal fiscal year 2007 pass-through grant funding. P-roiF!r.t TitlF! /\meblRt Aeere'iceJ Teen Seat Belt Usage $12,600.00 The availability of funds pursuant to this grant is contingent upon two conditions: (1) the . ~r.Qi.~JJ:)j[e.!:!_tQLa!1dJh.e. FiscaIContact.re.sP-QO.Sible.mcthe.jinan.cial manag.ementofyour grant named in the application must attend a grantee workshop and (2) the release of federal funds to the Commonwealth. The enclosed information provides the dates and locations regarding the mandatory training. The memorandum of conditions and project agreements from David A. Mitchell, DMV Deputy Commissioner, will be provided to your project director during the training session. As the recipient of a FY07 grant award, it is important that you carefully read and follow and adhere to these guidelines. Should have any questions regarding. this award, please contact the John Saunders at (804)367-6641. We look forward to the positive impact on highway safety that your project will provide for all Virginians. Thank you for your commitment and participation in improving highway safety. Sincerely, 9. R~ ' ., . . . ..,. " .':' . ,',', . . t~.'.... Pierce R. Homer Enclosure .f;y:(~ (804) 3~~7"".S6j:t ~i1)J): }".gOO..272-9268 }J..ttH:.IH: ':,\)i'lu."i.'r.~.~h@i1arv,~"irgmia.gov Vieo 3ite~ :';.r.~:~~\i'.ihnvl'-~l)'W.(';~"..an 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO ACCEPT AND APPROPRIATE $30,000 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE FIRE DEPARTMENT'S FY 2006-07 OPERATING BUDGET FOR AN INDIVIDUAL DEPLOYMENT TO ASSIST THE STATE OF LOUISIANA WITH THEIR SEARCH AND RESCUE PLAN WHEREAS, the Federal Emergency Management Agency (FEMA) 10 issued an alert order for a member of the FEMA Virginia Task- 11 Force 2 Urban Search and Rescue Team to assist with developing a 12 search and rescue plan and has approved $30,000 in reimbursement 13 costs. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 That $30,000 in federal funds is hereby accepted from the 17 Federal Emergency Management Agency and appropriated to the Fire 18 Department's FY 2006-07 Operating Budget for costs associated 19 with the deployment of a member of the Urban Search and Rescue 20 Team, with federal revenue increased accordingly. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia on the 24th day of October , 2006. -Bw D , APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT: Management Services Jamu ~ K' ~/,v, City Attorney' Office CA10185 V:\applications\citylawprod\cycom32\Wpdocs\DOlO\POOl\O0021642.DOC R-2 October 11, 2006 ;\ / ....1. ASSISTANCE INSTRUMENT ~ COOPERATIVE AGREEMENT D GRANT 3. INSTRUMENT NUMBER 14. AMENDMENT NUMBER EMW-2003-CA-Oll1 M021 7. RECIPIENT NAME AND ADDRESS FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE AWARD/AMENDMENT 2. TYPE OF ACTION D AWARD ~ AMENDMENT 5. EFFECTIVE DATE .16. CONTROL NUMBER See Block 211 W429099Y 8. ISSUING/ADMINISTRATION OFFICE Virginia Beach Fire Department Attn: Vance Cooper Viriginia Task Force 2 513 Viking Drive Suite 9 Virginia Beach VA 23452-7322 Federal Emergency Management Agency Financial & Acquisition Management Div Grants Management Branch 500 C Street, S.W., Room 350 Washington DC 20472 Specialist: sylvia A. Carroll 202-646-3503 9. RECIPIENT PROJECT MANAGER Vance Cooper 757-431-4160 10. FEMA PROJECT OFFICER Wanda Casey, 202-646-4013 13, PAYMENT OFFICE 11. ASSISTANCE ARRANGEMENT ~ COST REIMBURSEMENT o COST SHARING o FIXED PRICE o OTHER 14. ASSISTANCE AMOUNT 112. PAYMENT METHOD ~ TREASURY CHECK REIMBURSEMENT o ADVANCE CHECK o LETTER OF CREDIT Federal Emergency Management Agency Accounting Services Division Disbursement & Receivables Branch 500 C Street, S.W., Room 723 Washington DC 20472 15. ACCOUNTING & APPROPRIATION DATA PREVIOUS AMOUNT $8,242,877.53 See Continuation Page AMOUNT THIS ACTION $30,000.00 TOTAL AMOUNT $8,272,877.53 16. DESCRIPTION OF PROJECT This amendment, M02l, provides' funding required to activate a VA-TF 1 member for 30 days to assist in SAR Plan. The total amount obligated under this agreement is hereby increased by $30,000.00 frin $8,242,877.53 to $8,272,877.53. CFDA i 97.025 applies. All other terms and conditions remain in effect. END OF AMENDMENT M021 17. RECIPIENT REQUIREMENT o RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUING/ADMIN OFFICE IN BLOCK 8. o RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT. 18. RECIPIENT (Type name and title) 19. ASSISTANCE OFFICER (Type name and title) Charle;,Meyer, Chief operatingoffic~~ 20. SIGNAT .OF CIPIENT /'Z / DATE t kJ;.;" "~. ;).5;,-- 1 ' .:iW-2003-CA-Ol11 M021 CONTINUATION PAGE A.l PRICE/COST SCHEDULE ITEM NO. DESCRIPTION OF SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT 1 1.00 $30,000.0000 Lincoln Fire Department FUNDING/REQ NO: 1: $30,000.00 W429099Y $30,000.00 $30,000.00 GRAND TOTAL --- -------------------- -------------------- ACCOUNTING AND APPROPRIATION DATA: ACRN APPROPRIATION REQUISITION NUMBER AMOUNT 1 2006-62-2100RB-2100--4101-D W429099Y P $30,000.00 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO APPROPRIATE $29,353 FROM THE VIRGINIA AQUARIUM AND MARINE SCIENCE CENTER FOUNDATION TO THE FY 2006-07 OPERATING BUDGET OF THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS TO PROVIDE MEDICAL CARE, HOLDING FACILITIES, AND TRANSPORT FOR LIVE MARINE ANIMAL STRANDINGS WHEREAS, the Virginia Aquarium and Marine Science Center 11 Foundation ("the Foundation") has pledged to reimburse the City 12 for the cost of one additional full-time curator in the virginia 13 Aquarium and Marine Science Center's stranding program. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 1. That $29,353 in anticipated revenue is hereby accepted 17 from the Virginia Aquarium and Marine Science Center Foundation 18 and appropriated to the FY 2006-07 Operating Budget of the 19 Department of Museums and Cultural Arts for operation of the 20 Virginia Aquarium and Marine Science Center's stranding program, 21 with revenue from local sources increased accordingly. 22 2. That one full-time equivalent curator position is 23 hereby added to the FY 2006-07 Operating Budget of the 24 Department of Museums and Cultural Arts, provided that 25 continuing this position in future budget years is contingent 26 upon future funding from the Foundation. 27 Adopted by the Council of the City of Virginia Beach, ..... 28 Virginia on the 24th day of October , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Jj~Q. , b~rY1{ (' K. ~(A^ City Attorney's ffice CA10180 v:\applications\citylawprod\cycom32\WpdocS\D009\P001\O0021531.DOC R-2 October 11, 2006 VIRGINIA AQUARIUM & MARINE SCIENCE CENTER October 4, 2006 Mr. Jim Spore, City Manager City of Virginia Beach Municipal Center, Building 1 240 1 Courthouse Drive Virginia Beach, VA 23456 Dear~ T". This letter serves as confirmation that the Virginia Aquarium & Marine Science Center FOlmdation, Inc. (Foundation) guarantees continued funding to the City of Virginia Beach for all costs associated with the full-time Curator I position currently requested through the City agenda process. This position will be funded by grant funds from the National Oceanic & Atmospheric Administration (NOAA) John Prescott Marine Mammal Stranding Grant Program. Continued Prescott grant funds are anticipated to fund this position in future budget years, however there are no guarantees. So that the operations of Aquarium's Stranding Program will continue, the Foundation guarantees the funding for this position in the event of lapses or absence of grant funding. I would be happy to discuss this with you further should you have any questions or need additional information. Thank you. With Kind Regards, <r-t-- Mr. Thomas E. Fraim, President VIRGINIA AQUARIUM & MARINE SCIENCE CENTER FOUNDATION 717 GENERAL BOOTH BOULEVARD, SUITE 1, VIRGINIA BEACH, VIRGINIA 234S1 phone 757-437-6010 . fax 757.437-4976 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT AND APPROPRIATE $25,000 FROM THE VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION TO THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT'S FY 2006-07 OPERATING BUDGET FOR THE RESTORATION OF EXISTING RIPARIAN SHORELINE BUFFERS AT THREE SCHOOL SITES, THE PRINTING OF AN EDUCATIONAL FACT SHEET, AND THE INSTALLATION OF A INFORMATION KIOSK WHEREAS, the Department of Agriculture has identified $12,100 12 within their FY 2006-07 Operating Budget for the cash match 13 required for the restoration of existing riparian shoreline 14 buffers; and 15 WHEREAS, an in-kind match of $5,000 will be provided by City 16 staff and volunteers from the community. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 (1) That $25,000 is hereby accepted from the Virginia 20 Department of Conservation and Recreation and appropriated to the 21 Department of Planning and Community Development's FY 2006-07 22 Operating Budget for the Restoration of Existing Riparian Shoreline 23 Buffers at three school sites, printing of an educational fact 24 sheet, and installation of an information kiosk, with State revenue 25 increased accordingly. 26 (2) That $12,100 is hereby transferred from the Department of 27 Agriculture's FY 2006-07 Operating Budget to the Department of 28 Planning-Environmental Management Center's FY 2006-07 Operating 29 Budget for the cash match required for this project. 30 Adopted by the Council of the City of Virginia Beach, Virginia 31 this 24thday of OHwber , 2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: " J~ t K -~LtA City Attorney's Offlce :b~~u . CA10182 v:\applications\citylawprod\cycom32\Wpdocs\DOlO\POOl\O0021600.DOC R-3 October 12, 2006 10- 4-06; 8:46AM; ;93855667 # 2/ 4 L. Preston Bl)'ant, Jr. Secretary ofNalUral Resources Joseph H. :Maroon Director COMMONWEALTH of VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION 203 Governor Street, Suile 206 Richm~nd, Virginia 23219 Phone: (804) 786-2064 Fax: (804) 786-1798 March 10, 2006 Clay Bernick City of Virginia Beach 2405 Courthouse Drive Virginia Beach, VA 23456 RE: Grant Agreement, BAY -2005-19-SR, Virginia Beach Riparian Buffer Establishment Project Dear Mr. Bernick, It is a pleasure to provide you with three original grant agreement packets for the above subject project. I have also enclosed a W-9 Form (Request for Taxpayer Identification Number and Certification). Please complete this form so that we will have all of the required information to issue payment. Also, please sign all three originals of the grant agreement, retain one for your files and return two to my attention. The date of the agreement will be the date on which you sign these originals. This agreement shall not be valid until DCR receives these documents. Return them to: Attn: Nissa Dean, Grants Manager Department of Conservation and Recreation 203 Governor Street, Suite 225-1 Richmond, VA 23219-2094 Once DCR receives the two signed grant agreements, the project will be effective for the period of March 1 - November 30, 2006. Alii Baird (alice.baird@dcr.virginia.gov and 225-2307) in the DCR Dept of Chesapeake Bay Local Assistance is as assigned as the DCR Project Manager for this grant agreement. Please direct project specific questions and quarterly reports to her. We look forward to working with you on this project. CC: Rick Hill Ani Baird State Parks. Soil and Water Conservation · Natural Heritage · Outdoor Recreation Planning Chesapeake Bay Local Assistance. Dam Safety and Floodplain Management. Land Conservation 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $25,000 2 FROM THE NATIONAL FISH AND WILDLIFE FOUNDATION 3 TO THE DEPARTMENT OF PLANNING AND COMMUNITY 4 DEVELOPMENT'S FY 2006-07 OPERATING BUDGET FOR 5 THE RESTORATION OF A FISH HABITAT IN THE 6 STUMPY LAKE NATURAL AREA 7 8 WHEREAS, the Department of Planning and Community Development 9 has identified $20,000 within their FY 2006-07 Operating Budget for 10 the cash match for the restoration of a fish habitat in the Stumpy 11 Lake Natural Area; and 12 WHEREAS, an in-kind match of $7,500 will be provided by City 13 staff and volunteers from the Citizens for Stumpy Lake Community 14 Watershed Organization. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 That $25,000 is hereby accepted from the National Fish and 18 Wildlife Foundation and appropriated to the Department of Planning 19 and Community Development's FY 2006-07 Operating Budget for the 20 restoration of fish habitat in the Stumpy Lake Natural Area, with 21 revenues increased accordingly. 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia, on the 24thday of October , 2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Jj~Q, ~ Jamu c K.ft I~ City Attorney's fflce CA10183 V:\applications\citylawprod\cycom32\Wpdocs\D010\P001\O0021612.DOC R-2 October 13, 2006 10- 4-06; 8:46AM; ;93855667 # 3/ 4 ~o. WiJ~. 4,D~~.,.p d ~ c:: ::l .g fr' "" Ot:!. 1- . :s '....--' May 22, 2006 Clayton Bernick City of Virginia Beach Department of Planning 2405 Courthouse Drive Virginia Beach, VA 23456 Re: Virginia Beach Fish Passage Project #2005-0001-085 Dear Mr. Bernick: The Board of Directors of the National Fish and Wildlife Foundation has approved an award 1.Ulder the Chesapeake Bay Small Watershed Grants ,Program of$25,600 in federal funds to the City of Virginia Beach Department of Planning to support the Virginia Beach Fish Passage Project. These funds are to be matched by at least $27,500 in additional non-federal contributions raised by the City of Virginia Beach Department of Planning specifically for this project. Please be sure to review the enclosed Matching Contribution Eligibility and Documentation guidance and note the requirements of the Certification of Matching Contributions that you will be required to submit upon completion of the Project, to ensure that the contributions you receive are eligible as match. Enclosed please find two copies of the Grant Agreement, as well as one copy 6fthe additional. en.closures listed below. Because this A ward involves federal funds, the Agreement and enclosures must be reviewed by your Chief Financial Officer or Treasurer. If the tenns and conditions of the Agreement are acceptable, please sign and return both copies of the Agreement to the Foundation (you may submit a Request for Payment at the same time); you should retain the additional enclosures for your files. The Foundation will then countersign both copies of the Agreement and return one copy to you for your files. Signing this Agreement indicates an understanding of, and intent to comply with, all of its terms and conditions and those of the additional enclosures. Failure to return two signed copies of the Agreement within 60 days may result in funds being released to other conservation projects. The Grant Agreement contains certain tenns that are defined in the 2002 Glossary which may be located on the Foundation's website at <www.nfwf.orglg1ossary.htm>. Please be sure to print a copy and refer to it while. reading the Grant Agreement. If you do not have access to the Internet, please contact Diane Keefe who will mail you a' copy. 1120 CONNECTICUT AVENUE, NW. SUITE '00. WASHINGTON, D.C. 20036 PHONE: (202) 857-0166. FAX: (202) 857-0162 .www.NFWF.org printed on rcrycled paper 10- 4-06; 8:46AM; ;93855667 # 4/ 4 . ..-.... ') On behalf of the Board of Directors. and the staff of the National Fish and Wildlife Foundation, I wish you success with your project. Please. contact Diane Keefe with any questionS or concerns, s~. e ly, a'. . . ,tvv /I L Dwy, ~ll1onal DiIeca: Eastern Region Enclosures: Grant Agreement (two copies) Standard Provisions Matching Contribution Eligibility and Documentation Guidance Certification of Matching Contributions Form Request for Payinent Form Project Phase Reporting Forms Annual Financial and Progriunmatic Reporting Form Final Financial Reporting Form Evaluation Report . - 2- - 29- Item V-J. PLANNING ITEM # 55729 1. S & R PROPERTIES, L.L.C. 2. CHECKERED FLAG MOTOR COMPANY 3. JOHN H. AND JENNIFER M. NEUMANN 4. OCEANSIDE ENTERPRISES, INC. 5. VIRGINIA BEACH INVESTMENT COMPANY 6. LA GO MAR ASSOCIATES, L.L.C. 7. SALEM ROAD ASSOCIATES (formerly VA-CAR DEVELOPMENT, L.L. C.) 8. CHESAPEAKE ATLANTIC, L.L.C. 9. OXFORD PROPERTIES, LLC. 10. COMPREHENSIVE PLAN MOIDIFCATION OF CONDITION #4 (CUP approved 1/26/1999 and Modified 2/25/2003) MODIFICATION OF CONDITIONS and PROFFERS (Approved 10/23/2001, Modified 3/08/2005,4/25/2006) STREET CLOSURE CONDITINAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING VARIANCE CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING AMEND re Redevelopment and Housing Authority October 24, 2006 - 30 - Item v'J. PLANNING ITEM # 55730 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED Items 1, 2, 3, 5, 8 and 10 (AS REVISED) of the PLANNING BY CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf Council Lady McClanan voted a VERBAL NAY on Item 8 (Chesapeake Atlantic, LLC) October 24, 2006 - 31 - Item V-J.1. PLANNING ITEM # 55731 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council MODIFIED Condition #4 re Ordinance upon application of S & R PROPERTIES, L.L. C. Conditional Use Permit (approved on January 26, 1999 and Modified on February 25,2003). ORDINANCE UPON APPLICATION OF S & R PROPERTIES, L.L.c. FOR A MODIFICATION OF USE PERMIT CONDITION FOUR BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of S & R Properties, L.L. C. for a Modification of Use Permit Condition Four pertaining to hours of operation for a bingo hall, approved by the City Council on January 26, 1999 and as modified on February 25, 2003. Property is located at 4933 Cleveland Street (GPIN 1477142343). DISTRICT 2 - KEMPSVILLE The applicant's request is to permit bingo gaming on Friday, Saturday and Sunday and to eliminate gaming on Tuesday and Thursday. Traffic in the vicinity is likely to be less on Saturday and Sunday since uses in the area primarily operate during weekdays. Staff concludes that this change in days will not have any negative impact on surrounding properties. The following conditions shall be required: 1. All conditions, with the exception of Number 4, attached to the Conditional Use Permit granted by the City Council on February 25, 2003, shall remain in affect. 2. Condition Number 4 of the February 25,2003, Conditional Use Permit is deleted and replaced with the following: The Bingo Games shall be limited to two (2) "Sessions" per day on Friday, Saturday and Sunday and no more than three (3) Sessions on Monday. The first Monday Session must be a Midnight Session beginning at 12:01 a.m. The playing of Bingo during the "Daytime Session" shall not commence prior to 1 0:00 a.m. nor later than 3:30 p.m. The playing of Bingo during the "Evening Session" shall not commence prior to 6:00 p.m. This Ordinance shall be effective in accordance with Section 1 07 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of October Two Thousand Six. October 24, 2006 - 32 - Item v'J.1. PLANNING ITEM # 55731 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 24,2006 - 33 - Item V,J.2 PLANNING ITEM # 55732 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council MODIFIED conditions and proffers upon application of CHECKERED FLAG MOTOR CAR COMPANY attached to Change of Zoning and Use Permit requests for automobile sales (Change of Zoning and Use Permits approved October 23, 2001 and Modified March 8, 2005 and April 25, 2006) ORDINANCE UPON APPLICATION OF CHECKERED FLAG MOTOR CAR COMPANY FOR A MODIFICATION OF THE CONDITIONS AND PROFFERS ATTACHED TO CHANGE OF ZONING AND USE PERMIT (Approved and Modified: October 23, 2001, March 8, 2005 and April 25, 2006) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Checkered Flag Motor Car Company for a modification of the conditions and proffers attached to Change of Zoning and Use Permit requests for automobile sales at 5301 Virginia Beach Boulevard and 270 Clearfield Avenue, approved and modified by City Council in October 23, 2001, March 8, 2005 and April 25, 2006. The purpose of the modification is to allow building additions and site improvements related to a new master plan for the facility (GPINs 1467666379; 1467662390). DISTRICT 2 -KEMPSVILLE The new master plan submitted with the current application depicts expansions to existing buildings and parking modifications. These changes will occur in five phases, as identified on the Master Plan. The design of the exterior building elevations of the first two phases of expansions have been completed and provided with this request. The following conditions shall be required: 1. A landscape plan shall be prepared by a landscape professional and submitted for Development Service Center review. 2. Existing "nonconforming "free-standing signs shall be removed. Signs shall meet the sign regulations outlined in the City Zoning Ordinance. 3. Evergreen shrubs planted a minimum of four (4) feet on center and a minimum height of three (3) to four (4) feet at the time of installation shall be installed along the southern property line, where the site abuts the adjacent office development site. 4. All garage doors shall remain closed other than for the maneuvering of vehicles in and out the service bays. 5. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent properties and city streets. A photometric plan shall be submitted for Development Service Center review. 6. The entire parking lot must be striped in accordance with City Code requirements and the Americans with Disabilities Act (ADA) regulations. All parking spaces and display areas must be clearly delineated on the final site plan. October 24, 2006 - 34- Item V.J.2. PLANNING ITEM # 55732 (Continued) 7. No loud speakers or outdoor speaker system shall be permitted on site. 8. No vehicles for sale or rent shall be parked within any portion of the public rights-ofway. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of October Two Thousand Six. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 24,2006 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6570 DATE: October 11 , 2006 FROM: Leslie L. Lilley - B. Kay WiISO~VJ DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application: Checkered Flag Motor Co. The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 24, 2006. I have reviewed the subject proffer agreement, dated August 22, 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. B KW/a Is Enclosure cc: Kathleen Hassen / his Document Prepared by: Fine, Fine, Legum & McCracken, LLP THIS AGREEMENT made this 22nd day of August, 2006 by and between EVERGREEN VIRGINIA. LLC, a Virginia limited liability company, Property Owner, herein referred to as Grantor~ party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. W I T N E .s. .s. E T H: WHEREAS, Property Owner is the owner of certain parcels of property located in the Kempsville Magisterial District of the City ofVirgihia Beach, morepa.rticularly described as follows: See Exhibit "A" said parcels hereinafter collectively referred to as the "Property"; and WHEREAS, the Grantor 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 modify and amend that certain Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on October 31, 2001, in Deed Book 4537, at page 1319 as approved by the Virginia Beach City Council on October 23, 2001; that certain Proffer duly recorded in the Clerk's Office ofthe Circuit Court of the City of Virginia Beach, Virginia on March 21,2005, as Instrument No. 200503210041717, as approved by the Virginia Beach City Council on March 8, 2005; and that certain Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia May 4, 2006, as Instrument No. 20060504000682410 as approved by the Virginia Beach City Council on April 25, 2006 and the Zoning Classification of the Property Page 1 of6 GPIN 1467-66-6379 & 1467-66-2390 from R-7.5 Residential District to Conditional B-2 Community Business District (Conditional); 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 incompatible development of various types of uses conflict and that in order to permit different types of uses on and in the area of the Property and atthe 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 Modification 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 Modification 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 rezoning. NO"V, THEREFORE, the Grantor, its. successors, personal representatives, assigns, Grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes Page 2 of 6 the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, Grantee, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Checkered Flag Toyota & BMW Expansion Master Site Modification Plan, Virginia Beach, Virginia," dated June 1,2006, prepared by Landmark Design Group, "which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. When the Property is developed, the buildings depicted on the exhibits entitled "Proposed Elevations for Checkered Flag Toyota, Virginia Beach, Virginia," and "Proposed Elevations for Checkered Flag BMW Virginia Beach, Virginia," both dated May 31, 2006, prepared by Lyall Design Architects which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). 3. The use ofthe Property shall be automobile sales display area and/or accessory parking in accordance with a conditional use permit duly approved by the City Council of the City of Virginia Beach on October 23,2001 and modified on March 8, 2005 and April 25, 2006. 4. Further conditions will supercede all pr.evious proffers approved by the Virginia Beach City Council as follows: Proffer duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on October 31, 2001, in Deed Book 4537, at page 1319 as approved by the Virginia Beach City Council on October 23,2001; that certain Proffer duly Page 3 of6 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on March 21, 2005, as Instrument No. 200503210041717, as approved by the Virginia Beach City Council on March 8, 2005; and that certain Proffer duly recorded in the Clerk's Office ofthe Circuit Court of the City of Virginia Beach, Virginia May 4,2006, as Instrument No. 20060504000682410 as approved by the Virginia Beach City Council on April 25, 2006 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 the B-2 Zoning 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 such Page 4 of6 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 ifnot so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the 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 Page 5 of6 Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. WITNESS the following signatures and seals: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Arlene A. Kilgore, a Notary Public in and for the City and State aforesaid, do hereby certify that Stephen M. Snyder, Manager of Evergreen Virginia, LLC, whose name is signed as such to the foregoing instrument dated the 22nd day of August, 2006 did personally appear before me in my City and State aforesaid and acknowledge the same before me. ., -- r:::#..J GIVEN under my hand and seal)l9 ~ day of August, 2006 ~a Notary Public ~ My commission expires: September 30,2007 Page 6 of6 5301 VIRGINIA BEACH BOULEVARD; GPIN 1467-66-6379 Parcel One: . ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Parcel B-1, as shown on that certain plat entitled, "Resubdivision Plat of Property of The Runnymede Corporation (DB 2564, Pg 126) (MB 257, Pg 20-21) & Snyder Family Trust (DB 1264, Pg 339) (MB 90, Pg 42), Bayside Borough, Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 260, Page 20; reference to said plat is hereby made for a more particular description of said property. Parcel Two: ALL THAT certain tract or parcel ~f land with the buildings and improvements thereon, situate in the Kempsville Magisterial District of Virginia Beach (formerly Princess Anne County), Virginia, and bounded and described as follows: BEGINNING at an old pin in the southeastern line of Virginia Beach Boulevard and running thence North 58 degrees 00' West along said Virginia Beach Boulevard for a distance of211.05 feet to an old pipe; thence running South 17 degrees 30' West a distance of 609.41 feet to an old pipe; thence running South 73 degrees 33' East, a distance of 130.30 feet to a pin; thence running South 77 degrees 50' East, a distance of 128.4 feet to an old pipe; thence running North 10 degrees 48'30" East, a distance of 65.50 feet to an old pipe; thence running North 13 degrees 29' 15" East, a distance of 68.04 feet to an old pin; thence running North 11 degrees 43' 05" East, a distance of 411.46 feet to an old pin to the Point of Beginning; reference is hereby made to a plat made by W. B. Gallup, Surveyor, dated September 30, 1971 and entitled, "Topographical Survey of Property of John Paphites and Part of Selma Properties, Inc., Parcel A, which is recorded in Map Book 90, at Page 42. In addition to the above property there is hereby conveyed together with the right in common with those parties of record entitled thereto, their successor and assigns, to use that certain lane of the width of 10 feet adjacent to the westerly line of the aforesaid property as shown on said plat. LESS AND EXCEPT that certain Highway Take, dated December 14, 1988 recorded in Deed Book 2794, at Page 1843 and Confirmed Order recorded in Deed Book 2958, Page 1586. Parcel Three: ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, fronting on the southern side of Virginia Beach Boulevard, as shown on plat entitled, "Physical Survey of Part of Property on Plat of Property of J.N. Garrenton", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1005, at page 672; and bounded and described as follows: BEGINNING at a point on the Southern side ofthe right of way of the Virginia Beach Boulevard at the dividing line between this property and the property now or formerly of John Paphites, and from said point running thence along the Southern side of the right of way of the Virginia Beach Boulevard, South 58 degrees 00' East, 139.6 feet +/- to the dividing line between this property and the property now or formerly of Malco Investment -Corporation; thence turning and running South 32 degrees 00" West 387.05 feet to a point; thence turning and running North 12 degrees 10' East, 411.46 feet to the southern side of the right of way line of the Virginia Beach Boulevard, the Point of Beginning. LESS AND EXCEPT: that portion conveyed to the Commonwealth of Virginia for Highway purposes recorded in Deed Book 2795, at page 1444 and Confirmed by Order recorded in Deed Book 2958, at page 1589. Parcel Four: ALL THAT certain lot, piece or p~cel of land, with the buildings and improvements thereon, lying, being and situate in Kempsville Borough of the City of Virginia Beach (formerly Princess Anne County), State of Virginia, and numbered and described as Lot Nine (9) on that Plat of Clear Acres, duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13, at page 57; said lot fronting seventy-five (75) feet on the east side of Cleameld Avenue and extending back between parallellines, the northern line being two hundred seventeen and six tenths (217.6) feet and the southern line two hundred fourteen and two tenths (214.2) feet. Parcel Five: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, known, numbered 274 (formerly 944) Clearfield Avenue, situate in Bayside Borough, in the City of Virginia Beach, State of Virginia, known, numbered and designated as Lot 17, as shown on the plat entitled "Revised Plat of Clear Acres," which plat is recorded in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 13, at page 57. Reference is hereby made to said plat for a more particular description of said lot. Parcel Six: ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the Kempsville Magisterial District, City of Virginia Beach, Virginia, and being known, numbered and designated as Lot No. Fifteen (15), as shown on that certain plat entitled "REVISED PLAT OF CLEAR ACRES", which said plat is duly recorded in the Clerk's Office ofthe Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13, at page 57. Parcel Seven: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, being and situate in Kempsville Borough in the' City of Virginia Beach, State of Virginia, and known, numbered and designated as Lot Thirteen (13), revised Plat of Clear Acres, made by S. W. Armistead, C.E., December, 1941, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. Parcel Eight: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 11, as shown on that certain plat entitled, "REVISED PLAT OF CLEAR ACRES", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13, at page 57. Parcel Nine: ALL THAT certain lot, piece or p~cel of land, with the buildings and improvements thereon, situate, lying and being in the city of Virginia Beach, Virginia, being known, numbered and designated as Lot 21, as shown on that certain plat entitled,"REVISED PLAT OF CLEAR ACRES", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at page 57. Parcel Ten: . \ ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 23, as shown on that certain lat entitled "REVISED PLAT OF CEDAR ACRES", said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at Page 57. Parcel Eleven: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 25, as shown on that certain plat entitled, "REVISED PLAT OF CLEAR ACRES, PRINCESS ANNE COUNTY, VIRGINIA,", which plat is duly recqrded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at Page 57. 270 CLEARFIELD A VENUE - GPIN 1467-66-2390 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach (formerly Princess Anne County), Virginia, and known, numbered and designated as Lot 19, as shown on that certain plat of Clear Acres, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 13, at Page 57, reference to / which is hereby made for a more particular description of said property. - 35 - Item V, J. 3. PLANNING ITEM # 55733 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED Ordinance upon application of JOHN H. & JENNIFER M. NEUMANN for the closure, discontinuance and abandonment of an alley to incorporate the right-ol-way into their adjoining residential lots located between Lots 3 and 15, 664 South Atlantic Avenue. Ordinance upon application of JOHN H. & JENNIFER M. NEUMANN for the closure, discontinuance and abandonment of an alley to incorporate the right-ol-way into their adjoining residential lots located between Lots 3 and 15, 664 South Atlantic Avenue. DISTRICT 6 - BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-ol-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-ol-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-ol-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote (October 23,2007) to close the right-ol-way, this approval shall be considered null and void. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 24, 2006 1 2 3 4 5 6 7 8 9 10 11 12 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS "15' X 50' PORTION OF ALLEY TO BE CLOSED" AS SHOWN ON THAT CERTAIN PLAT ENTITLED "STREET CLOSURE PLAT PORTION OF 15' ALLEY ADJACENT TO LOTS 3 & 15 BLOCK 20 CROATAN BEACH M.B. 24 P. 37, VIRGINIA BEACH, VIRGINIA" 13 WHEREAS, John H. Neumann and Jennifer M. Neumann, 14 applied to the Council of the City of Virginia Beach, Virginia, 15 to have the hereinafter described street discontinued, closed, 16 and vacated; and 17 WHEREAS, it is the judgment of the Council that said 18 street be discontinued, closed, and vacated, subj ect to certain 19 conditions having been met on or before one (1) year from City 20 Council's adoption of this Ordinance; 21 22 NOW, THEREFORE, BE IT ORDAINED by the Counc i 1 of the 23 City of Virginia Beach, Virginia: 24 SECTION I 25 26 That the hereinafter described street be discontinued, 27 closed and vacated, subject to certain conditions being met on 28 29 GPIN: 2426-38-9797 and 2426-38-9703 1 30 or before one (1) year from City Council's adoption of this 31 ordinance: 32 33 All that certain piece or parcel of land 34 situate, lying and being in the City of 35 Virginia Beach, Virginia, designated and 36 described as "15' X 50' PORTION OF ALLEY TO 37 BE CLOSED" shown on that certain plat 38 entitled: "STREET CLOSURE PLAT PORTION OF 39 15' ALLEY ADJACENT TO LOTS 3 & 15 BLOCK 20 40 CROATAN BEACH M.B. 24 P. 37 VIRGINIA BEACH, 41 VIRGINIA" Scale: 1"= 20', dated June 29, 42 2006, prepared by GALLUP Surveyors and 43 Engineers, Ltd., a copy of which is attached 44 hereto as Exhibit A. 45 46 SECTION II 47 48 The following conditions must be met on or before one 49 (1) year from City Council's adoption of this ordinance: 50 1. The City Attorney's Office will make the final 51 determination regarding ownership of the underlying fee. The 52 purchase prlce to be paid to the City shall be determined 53 according to the "Policy Regarding Purchase of City's Interest 54 in Streets Pursuant to Street Closures," approved by City 55 Council. Copies of said policy are available in the Planning 56 Department. 57 2. The applicant shall resubdivide the property and 58 vacate internal lot lines to incorporate the closed area into 59 the adjoining parcels. The resubdivision plat shall be 2 60 submitted and approved for recordation prior to final street 61 closure approval. 62 3. The applicant shall verify that no private 63 utilities exist within the right-of -way proposed for closure. 64 Preliminary comments from the utility companies indicate that 65 there are no private utilities within the right-of-way proposed 66 for closure. If private utilities do exist, the applicant shall 67 provide easements satisfactory to the utility companies. 68 4. Closure of the right-of -way shall be contingent 69 upon compliance with the above stated conditions within one (1) 70 year of approval by City Council. If all conditions noted above 71 are not in compliance and the final plat is not approved within 72 one (1) year of the City Council vote to close the street, this 73 approval will be considered null and void. 74 75 SECTION III 76 77 1. If the preceding conditions are not fulfilled on 78 or before October 23, 2007, this Ordinance will be deemed null 79 and void without further action by the City Council. 80 2 . If all conditions are met on or before October 81 23, 2007, the date of final closure is the date the street 82 closure ordinance is recorded by the City Attorney. 83 3. In the event the City of Virginia Beach has any 84 interest in the underlying fee, the City Manager or his designee 3 85 is authorized to execute whatever documents, if any, that may be 86 requested to convey such interest, provided said documents are 87 approved by the City Attorney's Office. 88 SECTION IV 89 A certified copy of this Ordinance shall be filed in 90 the Clerk's Office of the Circuit Court of the City of Virginia 91 Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA 92 BEACH as "Grantor" and JOHN H. NEUMANN and JENNIFER M. NEUMANN 93 as "Grantee." 94 Adopted by the Council of the City of Virginia Beach, 95 Virginia, on this 24th day of October , 2006. CA-10009 v, \applications\citylawprod\cycom32\ Wpdocs\D026\POOl \ 00020904. DOC R-1 Date September 28, 2006 APPROVED AS TO CONTENT: Planni q ..ZQ-Ob APPROVED AS TO LEGAL SUFFICIENCY: .Wtt~~ Clty Attorney 4 l:! Vi '" o o l ~ '" Vl ~ " z o ;= '" u g cq~& ~jy<Y~ "ttao "''''-' '& ~ .OO'SI~ Z .00'001 < .... ...... ao 0 .... '" '" 0 0 I C'I '" ~g r '" 0 \.~'J, ~ '" . ~ F .0 IN ",on '" Z 0 N Z Z m < 0:: ~ '" < .00'00' .OO.SI~ EXHIBIT A :': ~a: 1-0; 0'" -' . II] ::i .00'Sl OO'S. l!lo zlX ~~ b ~~ x~ in..... -< <0: ...'" 1-'" 0'" -' . II] >i I- < ([ ~ :J: <z- ::1 It) 0 ......<0.... ~ ~ Ct:. I- 0"'::;:> ::)IOI-JdNm. U)-Z ~ tl.~ g~~"'g~;t~ OZ~(f)-'l-lIim OOI-a1<::i < 1-1=<0 0 :z ......15 ~ Ct: ~ ~l1- 0:> (f) :g ~ ~ . '" '" o on '" ~~~ w vio'" Z ","'<< ~ D-~:!~~ ~ '" :=tazo:::<o '" ::1~~~~ <~ui'i;t. o 1-<(....... VlcnwaD ~~~~ '" '" ~~~ i;J "''''''' ::> '" .: VI 5 ~ '" '" u VI (1 Vld - ]A V VINI:l~,^) 3NV1 vnov '" o d ~ ....... ~ Ct: ] .St.S....S9 N b .... '" .OO'OOl It) 0: "-' ;t ~ ...... IIi I ::) ::i '" b~ Z I r,'" \1"'} J, ~'" ~ ~ J'" Or '" on", < << '" 0 VI << Z 0 ::> 0:: 0 F ::> '" << Z !; .00'00' < << J: /to. .St.St.S9 S ~ ~ < <Ii - 36- Item v'J.4. PLANNING ITEM # 55734 Judge Dale Bimson, Pender and Coward, 220 Central Park Drive, Phone: 490-6277, represented the applicant James P. Barham, owner of the property, verified the source of water on the property is a pond. A standby pump will be ready in case of fire. The Army Corps of Engineers came out about a year ago and advised the applicant was in compliance. Barbara E. Vaughan, 2621 North Landing Road, Phone: 427-1833, registered in OPPOSITION, and distributed a copy of information relative Mulch (from Wikipedia, the free encyclopedia). Said information is hereby made a part of the record. Mulch can be toxic. Decomposition can cause toxic material and she requested information re the effect this application would have on groundwater and the Intercoastal Waterway. Upon motion by Council Lady Henley, seconded by Councilman Villanueva, City Council ADOPTED an Ordinance upon application of OCEANSIDE ENTERPRISES, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF OCEANSIDE ENTERPRISES, INC. FOR A CONDITIONAL USE PERMIT TO ALLOW THE PROCESSING AND PREPARATION OF FIREWOOD AND WOOD MULCH R0100634181 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Oceanside Enterprises, Inc. for a Conditional Use Permit to allow the processing and preparation of firewood and wood mulch on a parcel located on the east side of North Landing Road, opposite its intersection with Heffington Drive GPIN 1483724625). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The firewood and mulch processing areas shall be conducted within the interior of the property as depicted on the submitted site plan entitled "SITE PLAN OF LOTS 3 AND 4, NORTH LANDING PARK (M.B.34, P. 17) AND 23. 66 ACRES (M.B. 67, P. 37), VIRGINIA BEACH, VIRGINIA ". Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. Retail sales of firewood, mulch and farm products are prohibited. 3. A minimum 50-foot undisturbed vegetated buffer shall be maintained around the perimeter of the site, except for necessary access. Those areas, identified as non-tidal wetlands as defined in the Southern Watershed Management Ordinance, shall remain undisturbed regardless of width. 4. The applicant shall submit a Stormwater Management Plan in accordance with The Stormwater Management Ordinance and Southern Watershed Management Ordinance. 5. The entrance to the site shall be improved to meet Public Works Specifications and Standards for commercial operations. October 24,2006 - 37 - Item v'J.4. PLANNING ITEM # 55734 (Continued) 6. Fire Department access shall be provided at all times to any structure and mulch piles located on the property. The road surface shall be maintained and shall be capable of supporting a 75, OOO-pound load. 7. The applicant shall provide parking for employees based upon one space per employee working at the site. The proposed parking may be gravel or pavers provided the applicant obtains a waiver of on-site improvements from the Planning Director. 8. Hours of operation are limited to Monday through Saturday, 9:00 AM to 5:00 PM. 9. All junk, debris, parts, old tires, other discarded items, inoperative vehicles and equipment shall be removed from the site. 10.. The Fire Marshall shall conduct quarterlv inspections to ensure there are no potential fires. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of October Two Thousand Six. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 24,2006 - 38 - Item v'J.5. PLANNING ITEM # 55735 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of VIRGINIA BEACH INVESTMENT COMPANY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA BEACH INVESTMENT COMPANY FOR A CONDITIONAL USE PERMIT FOR A SELF-STORAGE FACILITY R0100634182 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Beach Investment Company for a Conditional Use Permit for a self-storage facility on property located at 1025 College Park Boulevard. The following conditions shall be required; 1. The site and landscaping shall be developed in substantial conformance with the submitted site plan entitled "Preliminary Site Plan of College Park Self-Storage Virginia Beach, Virginia" prepared by NDI, L.L.c. Basgier and Associates Division, dated 6/01/06. 2. The building elevations shall be substantially in conformance with the submitted elevations entitled "Exterior Building Elevations" prepared by Dimensional Designs, Inc., dated 6-13-06. 3. The architectural design elements and exterior building materials shall be substantially in conformance with the submitted colored renderings of the proposed building viewed from along Providence Road. 4. The installation of chain-linkfence shall not be permitted on the site. 5. There shall be no electric or diesel powered generators or generators fueled by any other source of energy located outside of any building. 6. The storage units shall be used only for storage of non-hazardous goods. 7. The units shall not be used for office purposes, band rehearsals, residential dwellings or any other purpose not consistent with the storage of goods. 8. Consistent with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded and focused away from all adjoining property. 9. The freestanding sign shall be developed in substantial conformance with the submitted plan entitled "Illuminated D/F Sign with Message Center" prepared by Talley Anchor Sign Company, dated 06/02/06. October 24, 2006 - 39 - Item v'J. 5. PLANNING ITEM # 55735 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of October Two Thousand Six. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, James 1. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 24, 2006 - 40- Item v'J. 6. PLANNING ITEM # 55736 Attorney R. J. Nutter, 222 Central Park Avenue, Phone; 687-7500, represented the Lago Mar Associates. He advised the homes on the property are similar in quality, character and building materials of the surrounding homes. This application had been deferred on two prior occasions. One reason was the Cost Participation Agreement between the City and developer for improvements to Nimmo Parkway. These improvements were delayed re permitting requirements. The contract for the improvements has been awarded. A $4.2-MILLION performance bond has been postedfor these improvements and scheduled to be completed approximately June 2007. The second deferral was to revise the proffer so no construction traffic related to its development shall use Entrada Drive, north of Camino Real. The neighborhood will be relieved from the "one- way-in" and "one-way-out". Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council I ADOPTED an Ordinance upon application of LA GO MAR for a Conditional Change of Zoning: ORDNANCE UPON APPLICATION OF LAGO MAR ASSOCIATES, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-1 NEIGHBORHOOD BUSINESS DISTRICT TO CONDITIONAL R-15 Z010061267 BE IT HEREBY ORDIANED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordnance upon application of Lago Mar Associates, L.L. C. for a Chanf!e of Zoninf! District Classification from B-1 Neighborhood Business District to Conditional R-15 Residential District on property located at the Northwest intersection of Artesia Way and Nimmo Parkway, and addressed as 801 Artesia Way (GPIN 2424133283). DISTRICT 7 - PRINCESS ANNE The applicant submitted a new proffer (# 4) that addressed how construction vehicles will access the site: At the time of development, Grantor shall ensure that no construction traffic related to its development shall use Entrada Drive, north of Camino Real. The following conditions shall be required: 1. Agreement encompassing revised 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 Twenty-fourth of October Two Thousand Six. October 24, 2006 - 41 - Item v'J.6. PLANNING ITEM # 55736 {Continued} Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 24, 2006 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. OF-6477 FROM: Leslie L. Lille~t~ B. Kay Wilso~ DATE: October 13, 2006 DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application; Lago Mar Associates, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 24, 2006. I have reviewed the subject proffer agreement, dated April 28, 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 questic~ms or wish to discuss this matter , further. BKW/als Enclosure cc: Kathleen Hassen I v. Document Prepared By: Troutman Sanders LLP 111 Central Park Avenue, Suite 1000 Virginia Beach, Virginia 13461 AGREEMENT TIDS AGREEMENT (the "Agreemenf') is made as of this 28th day of April,. 2006 by and between LAGO MAR ASSOCIATES.. L.L.C..a 'Virginia limited liability company (the "Grantor"), the current owner of that certain property located along Nimmo Parkway,. in Virginia . Beach, Virginia, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the. "Property") and the CITY OF VIRGINIA BEACH.. a municipal corporation of the Commonwealth of Virginia (hereinafter referredtl;) as "Grantee"}. - WIT N E SSE T H: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the property from B-1 to ConditionalR-15;and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional R-15 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 part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing R-15 districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and GPIN NO.: 2424-13-3283-0000 .~ WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance~ such conditions shall continue in. full force and effect until a subsequent amendment changes the zoning on. the Property covered by such conditions; provided, however~ that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance~ unIess~ notwithstanding the foregoing~ these conditions are amended or varied by written instrument recorded in the Clerk~s Office of the Circuit Court of the City of Virginia Beach~ Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided~ furth.er~ that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee~ after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, it's successors, assigns~ grantees~ and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of Quid pro QUO for zoning, rezoning, site plan~ building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively~ the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed in substantial conformance with the exhibit titled "Exhibit for Re-Zoning of Lagomar", dated August 8, 2005, and prepared by NDI, L.L.C. Basgier and Associates Division, a copy of which has been exhibited to the City Council and is on file with City Planning Department (the "Conceptual Plan"). 2. All residential dwelling units constructed upon the Property shall be constructed using materials, designs, and architectural features substantially similar to the materials, designs 2 and architectural features shown in the photographs labeled "Conceptual Housing Designs for Lago Mar Associates, L.L.C.", dated April 28, 2006, Photographs 1 through 12, copies of which have been exhibit to the City Council and are on file with the City Planning Department. 3. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 4. At the time of development, Grantor shall ensure that no construction traffic related to its development shall use Entrada Drive, north of Camino Real. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance ofth~ City of Virginia. Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing .body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such ,conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: LAGO MAR ASSOCIATES, L.L.C., a Virginia limited liability company BY:Ofv'OW ~ W' Name: _ { Title: 'J.....C(_ COMMONWEALTH OF VIRGlNIA CITY OF VIRGlNIA BEACH, to-wit: Th~. fore oing ~trument was acknowledged. before me this 01 $t day of ~ ' 2006, by 111.1 L, in his/her capacity as managing member 0 LAGO MAR ASSOCIATES, L.L.C., a Virginia limited liability company. . 0k.~~~ - 9: Notary Pubhc My Conimission Expire. ~ 3/, 2.fX)7. . 313848vl 4 EXHIBIT A LEGAL DESCRIPTION ALL THA Tcertain lot, piece or parcel of land, lying and being situate in the City of Virginia Beach, Virginia, and being known, mnnbered and designated as "Parcel A-3" on the plat titled "Subdivision of Lago Mar, Section Seven, Phase One, Part A, Virginia Beach, Virginia", dated September 22, 2000, prepared byNDI, L.LC. Basgier and Associates Division, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 293, page 59 through 65. IT BEING a portion of the property conveyed to Lago Mar Associates, LLC by Deed dated January 1,1999 and recorded in the aforesaid Clerk's Office in Deed Book 4029, at page 306. 5 - 42- Item v'J. 7. PLANNING ITEM # 55737 Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth Floor, Phone: 499-8971, represented the applicant and presented a copy of his statement which is hereby made a part of the record. "AICUZ policies associated with NAS Oceana, such as recognition of accident potential zones and noise impacts, have been reflected in the City's Comprehensive Plan and Zoning Ordinance provisions for twenty-jive years. Until the end of calendar year 2002, residential development surrounding NAS Oceana, with appropriate sound attenuating construction, was deemed conditional compatible in all noise zones less than 74 decibel. As of this evening, it has now been 31 months since City Council unilaterally deferred this application which was before itfor a vote with a positive recommendation from staff and unanimous recommendation for approval by the Planning Commission as being consistent with the Comprehensive Land Use Plan. There are today, approximately 400 homes (less than 8 years old) infive (5) new neighborhoods (Indian River Farms, Indian River Woods, Morgan's Walke, River Oaks and Dewberry Farm) which are all in the Interfacility Traffic Area ". The following registered in OPPOSITION: Captain Patrick Lorge, Commanding Officer - NAS Oceana, referenced his correspondence, which is hereby made a part of the record, of September 11, 2006, re location in the Inter-facility Traffic Area (ITFA) and this property lies within the 70-75 decibel area. Nick Douvres, 2604 Salem Road, Phone: 301-6717, resides adjacent to the proposed development and expressed concern re the 70-75 decibel area incompatibility with residential. There are twenty-six (26) homes between Landstown Road and the proposed development. This application will encompass an additional twenty-eight (28) homes. Mr. Douvres also expressed concern re the 10-foot drainage easement located between his property and the proposed development. This easement has never been properly maintained. There is a flooding problem in this area. The noise is approximately 108 decibels at times. Douglas Dyckman, 2596 Salem Road, Phone: 721-0955, expressed concern re increased traffic, loss of open space and flooding of properties Upon motion by Councilman DeSteph, seconded by Council Lady Henley, City Council DENIED Ordinances upon application of SALEM ROAD ASSOCIATES (formerly VA-CAR ELOPMENT, L.L.C.), re a Variance to S 4.4(b) that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF SALEM ROAD ASSOCIATES, LLC FOR A SUBDIVISION VARIANCE (FLAG LOTS) Ordinance upon application of Salem Road Associates, LLC for a Subdivision Variance (flag lot) on property located on the east side of Salem Road, approximately 700 feet south of Landstown Road (GPIN 1484-31-0664; -30-8994; 41-0190). This request was deferred indefinitely by the City Council on March 23, 2004, under the name Va- Car Development, LLe. DISTRICT 7 -- PRINCESS ANNE. AND, October 24, 2006 - 43 - Item v'J. 7. PLANNING ITEM # 55737 (Continued) ORDINANCE UPON APPLICATION OF SALEM ROAD ASSOCIATES, LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITIONAL R-10 Ordinance upon application of Salem Road Associates, LLC for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural District to Conditional R-10 Residential District on property located on the east side of Salem Road, approximately 700 feet south of Landstown Road (GPIN 1484-31-0664; -30-8994; 41-0190). This request was indefinitely deferred by the City Council on March 23, 2004 under the name VA-CAR Development, LLe. DISTRICT 7 - PRINCESS ANNE Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, James 1. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 24,2006 - 44- Item v'J. 8. PLANNING ITEM # 55738 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, , City Council ADOPTED Ordinance upon application of CHESAPEAKE ATLANTIC, L.L.C: ORDINANCE UPON APPLICATION OF CHESAPEAKE ATLANTIC, 1.1. C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 1-1 AND R-I0 TO CONDITIONAL 1-1 LIGHT INDUSTRIAL DISTRICT Z010061268 BE IT HEREBY ORDIANED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Chesapeake Atlantic, 1.1. C. for a Change of Zoning District Classification from 1-1 Light Industrial District and R- 10 Residential District to Conditional 1-1 Light Industrial District on property located at 173 & 177 South Birdneck Road and 1228 Jenson Drive, for the purpose of developing office-warehouse units 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 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of October Two Thousand Six. Voting: 9-1 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, James 1. Wood and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: Mayor Meyera E. Oberndorf October 24, 2006 CITY OF VIRGINIA B:EACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6473 DATE: October 11, 2006 FROM: Leslie L. Lilley I ~- B. Kay Wilso~" DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application: Chesapeake Atlantic, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 24, 2006. I have reviewed the subject proffer agreement, dated May 17,2006 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/aIs Enclosure cc: Kathleen Hassen vi This Document Prepared by: Fine, Fine, Legum & McCracken, LLP THIS AGREEMENT made this 17th day of May 2006, by and between, CHESAPEAKE ATLANTIC, LLC, a Virginia limited liability company, herein referred to as "Grantor", party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WI T N E .s.s E T H: WHEREAS, Grantor is the owner of certain parcels of property located in the Beach District of the City of Virginia Beach, more particularly described as follows: See Exhibit "A" said parcels hereinafter collectively refened to as the "Property"; and WHEREAS, the Grantor 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-10 Residential District & I-1 Light Industrial District to Conditional 1-1 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 WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different 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 reasonab1e conditions governing the use of the Property for the protection of the community that are not generally applicable to land GPIN 2417-42-7931-0000; 2417-42-6802-0000; 2417-32-6769-0006 (portion of) -1- 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, 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 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, Grantee, and other successors in interest or title: 1. When the property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "Conceptual Site Layout & Landscape Plan of Chesapeake Atlantic, LLC" dated May 16,2006, prepared by MSA, P.c., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Site Plan"). -2- 2. When the property is developed, it will be developed substantially as shown on the rendering entitled "Proposed Officel Warehouse for Chesapeake Atlantic, LLC", undated prepared by EYG Architects, PC which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Rendering"). 3. The use of the Property shall be only office I warehouse. 4. The hours of operation of the officelwarehouse will be between the hours of7:00 o'clock a.m. and 9:00 o'clock p.m. daily. 5. The Grantor will erect and maintain a fence on the south side of the property line as it adjoins the residential property and the property of the Grantor. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. All references hereinabove to the R-10 Residential and I-I Light Industrial Zoning Districts 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, -3- however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that such instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf ofthe 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 ofthe 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 -4- conditions attaching to the zoning ofthe Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. WITNESS the following signatures and seals: ,LLC STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Arlene A. Kilgore, a Notary Public in and for the City and State aforesaid, do hereby certify that Timothy E. Ashman, Member/Manager of Chesapeake Atlantic, LLC, whose name is signed as such to the foregoing instrument dated the 17th day of May, 2006 did personally llPpear before me in my City and State aforesaid and acknowledge th s befo e me. GIVEN under my hand and seal this / JI Notary Public My commission expires: September 30, 2007 -5- - 45 - Item v'J. 9. PLANNING ITEM # 55739 The following registered in SUPPORT: Attorney Ann Crenshaw, Kaufman and Canoles, 1216 Cedar point Road, Phone: 491-4044, represented the applicant. The application entails the development of a 180-unit apartment complex. The plan consists of 3-story apartment buildings with one and two-bedroom units. Features include a swimming pool, club house and other garden amenities. Randy Royal, Civil Engineer, 501 Independence Parkway, Chesapeake, Phone: 548-7300, addressed the technical aspects of the application (William Hall/Oxford Properties, LLC). The project, by right, would generate five (5) times as much traffic as proposed with the apartments. Turn lanes will be constructed in the area. If a traffic signal is necessary, the applicant will pay its fair share and commits to posting a bond if a signal ifnecessary in the future. Right-of-way is being dedicatedfor future improvements to Centerville Turnpike and Indian River Road. Gary Nelson, 1133 Belvoir Lane, Phone: 424-0422, member of the Board of Lake James Homes Association. Mr. Nelson presented a letter in support from the President of the Lake James Homes Association, which is hereby made a part of the record. Bill Hall, 7200 Glen Forest Drive, Richmond Virginia, Phone: (804) 285-1344, developer of the property WAIVED his right to speak (in attendance for questions only) Lowell Morse, 977 Centerville Turnpike, Phone: 226-2773, represented the applicant, and advised he is trying, but unsuccessfully, to schedule a meeting with Newlight Civic League. The long term solution to the Centerville project will probably be the new interchange and the Blenheim Park development. The Student housing at Regent is on-campus and will not generate traffic as the residents will be walking across campus to school. Mr. Morse advised the complexes would not generate 1100 cars as was indicated. The following registered in OPPOSITION: Karen Nuszkiewicz, 1000 Fireside Lane, Phone: 424-5657 (Homestead), relayed concerns re infrastructure demands of the proposedfour (4) developments: Oxford, Avondale and the two (2) CBN projects. Mrs. Nuszkiewicz was concerned that all four (4) developments are not being considered together re combined impact on traffic. The Staff should develop a traffic plan encompassing all four (4) of the projects with adequatefunding. Ken Jobe, 304 Croatan Road, Phone: 428-0328, President - Virginia Beach Council of Civic Organizations. Representatives of the Newlight Civic League appeared before the Council of Civic Organizations and referenced concerns re traffic. The roads should be improved for the increased traffic Zany Toher, 1125 Thompkins Lane, Phone: 713-3999, represented the Newlight Civic League, expressed concern re 332 cars traveling into the intersection ofCenterville and Indian River as a result of the Oxford Project. With 300 apartments built "cattycornered" across the street at Regent University, and another 200 apartments on Avondale, he stated all of these developments, combined, will generate approximately 1100 cars. Funding is necessary for road improvements. October 24, 2006 - 46- Item v'J. 9. PLANNING ITEM # 55739 (Continued) Upon motion by Councilman DeSteph, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of OXFORD PROPERTIES, L.L.C.for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF OXFORD PROPERTIES, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO CONDITIONAL A-24 Z010061269 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Oxford Properties, L.L. C. for a Change of Zoning District Classification from B-2 Community Business District to Conditional A-24 Apartment District, at the southeast corner of Centerville Turnpike and Indian River Road, for the purpose of developing a 180-unit apartment community. (GPIN 1455998372). DISTRICT 1- CENTERVILLE The following conditions 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 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of October Two Thousand Six. Voting: 8-1 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Abstaining: Robert M. Dyer Council Members Absent: Mayor Meyera E. Oberndorf Councilman Dyer ABSTAINED as he is an employee ofCBN, Regent University. The apartment units, clubhouse and garages will be located on the CBN and Regent University property. October 24, 2006 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6507 DATE: October 11 , 2006 FROM: Leslie L. Lilley B. Kay Wilson~ DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application: Oxford Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 24, 2006. I have reviewed the subject proffer agreement, dated June 1, 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/als Enclosure cc: Kathleen Hassen \/ THE CHRISTIAN BROADCASTING NETWORK, INC., a Virginia corporation, and OXFORD- CENTERVILLE, LLC, a Virginia limited liability company To . CITY OF VIRGINIA BEACH . a Municipal Corporation of the Commonwealth of Virginia TIDS PROFFER AGREEMENT ("Agreement") made this 1st day of June, 2006, by and among 1HE CHRISTIAN BROADCASTING NETWORK, INC., a Virginia corporation ("CBN", and the "Owner"), OXFORD-CENTERvn...LE, LLC, a Virginia limited liability company (the "Developer" and, collectively with CBN, the "Grantor"); and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"). RECITALS: " A. CBN is the owner of a certain parcel "of property located in the City of Virginia Beach, herein !mown as Exhibit A and briefly described as Parcel C2 "RESUBDNISION OF PARCEL C", "SUBDIVISION #1 OF PART OF THE PROPERTY OF THE CHRISTIAN BROADCASTING NETWORK, INC. AND PROPERTY OF NEW LIGHT BAPTIST CHURCH (M.B. 263, P. 76-77.), VIRGINIA BEACH, VIRGINIA, SCALE I" =100'. JANUARY 6,1997", which said plat is du1y recorded in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia in Map Book 263, at pages 76 and 77 (the "Property"). B. Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach by petition of Grantor addressed to Grantee to change the zoning classification of the Property from B-2 to Conditional A-24 Apartments. The proposed amendment is made pursuant to the terms ~f the City . Zoning Ordinance of the City of Virginia Beach, adopted April 18, 1988, as amended and in effect on the date of this Agreement (the "City Zoning Ordinance"). PREPARED BY: ANN K. CRENSHAW, ATTORNEY AT LAW GPIN NO.1455-9983-72-0000 C. .. Grantee's policy is to provide for the orderly development of land for various purposes, including commercial purposes, through zoning and other land development legislation. D. Grantor acknowledges that in order: to prevent incompatible land use, reasonable . conditions governing the use of the Property, in addition to the regulations generally applicable to land zoned A-24 Apartments as specified in the City Zoning Ordinance, are required to address the project proposed in Grantor's rezoning application. E. Grantor has voluntarily proffered in writing, prior to the public hearing before Grantee, as a part of the proposed amendment to the Zoning Map and in addition to the regulations specified in the City Zoning Ordinance for the A-24 Apartment zoning district, reasonable conditions outlined in this Agreement related to the development and operation of the Property. These conditions will be adopted as a part of the amendment to the Zoning Map relative to the Property, and have a reasonable relation to the use of the Property as rezoned A-24 Apartment and are needed as a result of the rezoning. F. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. NOW, THEREFORE, Grantor, its heirs, successors, assigns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element or compulsion or quid m:Q quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following declaration of conditions and restrictions governing the use and physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Agreement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or through the Grantor, its heirs, successors and assigns, grantees and other successors in interest or title to the Property; namely: 2 1. _ - The Property shall be used for the purposes and uses pennitted in the A-24 Apartment District. 2. Grantor shall install a contiguous landscape buffer on Centerville Turnpike as approved by the Planning Director, as more particularly set forth on the plat drawn by corcoran/ota. "OXFORD APARTMENTS AT REGENT UNIVERSITY" dated June 1,2006. The buffer shall be composed of plant materials as shown on the attached Exhibit B. 3. In order to provide for the coordinated development of the Property, the Property shall be developed m substantial conformity with that certain plan entitled "SITE PLAN, OXFORD APARTMENTS AT REGENT UNIVERSITY" dated Jrme 1,2006 prepared by corcoran/ota. (the "Site Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. 4. The exterior of the typical apartment building shown upon the Site Plan shall be substantially similar in appearance to the color coordinated rendering exhibits prepared by corcoran/ota, dated June 1,2006 said exhibits being the same exhibit as the color coordinated exhibits submitted to the City Council and on file in the Planning Department of the City of Virginia Beach, Virginia and being composed of the same building materials and elevations as reflected upon the said elevation exhibit on file in the Planning Department of the City of Virginia Beach, Virginia (the "Apartment Building Rendering"). The building materials for the dwelling units will be brick and cementuous siding materials (such as Hardi-plank). The maintenance structure will be made of the same materials, be one story tall, and have an open bay carwash attached. 5. The exterior of the Clubhouse and typical garages shown upon the Site Plan prepared by corcoran/ota, dated June 1, 2006 and shall be substantially similar in appearance to the color coordinated rendering exhibits prepared by corcoran/ota, said exhibits being the same exhibits as the color coordinated exhibits dated June I, 2006 submitted to the City Cormcil and on file in the Planning Department of the City of Virginia Beach, Virginia and being composed of the same building materials and elevations as reflected upon the color coordinated rendering exhibits whi.ch depict the renderings of the Clubhouse and 3 . a Typical Garage which are on file in the Planning Department of the City of Virginia Beach, Virginia (the "Clubhouse and Garage Rendering"). Building materials for the clubhouse will be brick and cementuous siding materials (such as Hardi.:.plank). The typical garage will be made of the same materials. 6. The Grantor agrees to provide access management improvements along Centerville Turnpike in accordance with the Site Plan dated June 1,2006 or as may be determined by Public Works Director or designee. The Grantor agrees that such improvements shall be reflected on the final site plan as required by the Public Works Director or designee. The Grantor further agrees that. these improvements shall include, without limitation, the following: a) Centerville Turnpike entrance and drive aisle shall be designed and constructed as approved by Public Works Director or designee to serve this development; said entrance and drive aisle shall be constructed prior to the issuance of a certificate of occupancy. b) A left turn lane and a right turn lane into the site shall be designed and constructed as dictated by Public Works requirement for Centerville Turnpike; said, turn lane improvements shall be constructed prior to the issuance of a certificate of occupancy. c) Right-of-way dedication at the Indian River Road and Centerville Turnpike intersection as deemed appropriate by Public Works Director or designee, and right-of-way improvement requirements as approved by Public Works Director or designee (i.e. left . turn lane and right turn lane construction); said right-of-way dedication shall be recorded prior to final site plan approval. Any other physical improvements necessary as a direct result of this rezoning and as may be required by the Public Works Department shall be constructed prior to the issuance ofa certificate of occupancy. The Grantor agrees that the location of any entrance shown on the preliminary site plan may be modified as long as the appropriate entrance spacing is maintained, as determined by the Public Works Director or designee. 7. A Signal Warrant Analysis of the site access driveway intersection with Centerville Turnpike shall be conducted. a. Should the Signal Warrant Analysis determine the need for a traffic signal, the Grantor agrees unconditionally to deposit its pro-rata share of the cost of construction and installation of the traffic signal prior to the issuance of a certificate of occupancy. 4 b. In addition, the Grantor shall post a bond in an amount sufficient to cover the cost of the construction and installation of the traffic signal. 8. Grantor will dedicate a right-of-way to provide a one hundred thirty (130) foot right-of- way for Centerville Turnpike and a one hundred fifty (150) foot right-of-way for Indian River Road. Grantor Will provide sufficient right of way dedications as may be required by the Grantee and as may be conditioned to the approval of a fmal site plan. 9. A Photometric Plan will be prepared and submitted during the final site plan review process. - 10. Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals, including but not limited to final site plan approval. 11. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. 12. 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 specified in this. Agreement, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator'made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, the City shall petition the governing body for the review thereof prior to 5 instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the- Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court: of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. WITNESS the following signatures and seals: THE CHRISTIAN A Vir . By: Its: C .[.0 ~ STATE oFJimilli~ en CITY OF .0.. rl~ , to-wit: . 1, ~~.~. fbf/lj{}i~ thx pnqersigned, a Notary Public in and for the City and State aforesaid, do l.!.,ereby certify that 11.~.f{{1f)BJ1~ , whose name is signed to the foregoing instrument as CfO of The Christian Broadcasting network, Inc., a Virginia corporation, bas swom/}:f' subscribed, ~d, acknowledged the same before me in my City and State aforesaid this /'1 '/ day of dejJtsi7J/)er , 2006 on behalf of said corporation. The said If- C -/WttrirrJJ is pemonallyknown mme. . ~/JI)jjjL Notary Pli lic My commission expires: Nail 3/J Jf..J)f I OXFORD-CENTERVILLE, LLC, a Virginia limited liability company \ r. l ~ .~ .OJ /7 By:'\.....)""'; - '>. '. C ~~,.f/f/ Its: Manager \,J-1)OoIt'\'re...l 't=~v...llC::../.::rIl... STATEOF G-e..o~ ~ CITYOF A-\-\~ fT , to-wit: 6 1, C 1i)l'\n~e. 'B. fbc...~ d.~ l:..5 . the undersign~ a Notary Public in and for the City and State aforesaid. do hereby certify that l1.J. ~lQ,.ti;..,,,,,, "~hose name is signed to the foregoing instrument as Manager of Oxford-Centemlle. LLC, a Vir~nia limited liability company, bas sworn to, subscribed, and acknowledged the same before me in my City and State aforesaid this I ~ day .of ~ b ~ . 2006 on behalf of said limited liability company. The said W. ~ lfLl is perso y known to me. . {=tT...1A./ ~ J"1t . My connnission expires: 7 EXHIBIT A LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, together with the . improvements tb.ereo~ situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as ''PARCEL. C2", on that certain plat entitled "RESUBDIVISION OF PARCEL C SUBDIVISION #1 OF PART OF PROPERTY OF THE CHRISTIAN BROADCASTING NETWORK, INC. AND PROPERTY OF NEW LIGHT BAPTIST CHURCH (M.B. 2P7, pps. 86-89) (M.B. 37, p. 38) ", dated January 6, 1997, prepared by Kellam-Gerwitz Engineering, Inc. and recorded in the Clerk's Office ("Clerk's Office'') of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 263, at pages 76 and 77. 8 EXHIBIT B PLANT MATERIAL DECIDUOUS TREES Acer Da/matum 'Oshio beni' Red Press Jaoanese Maole Acer pa/matum 'Shaina' Acer pa/matum 'Viridis' Green Dissectum Acer pa/matum dissectum 'Red Draoon' Red Dissectum Maple Acer rubrum 'October Glorv' October Glorv Red Maole Acer saccharum 'Steeple' Carpinus betu/us 'Fastiaiata' Eu. Pvramidal Hornbeam Cereis canadensis 'Forest Pansev' Eastern Redbud Careis canadensis ~i1ver Cloud' Vaneaated Redbud Camus kousa 'Milkvwav' Milkvwav Doawood Lagerstroemia x 'Natchez' Craoe Mvrtle Laaerstroemia x 'Potomac' Crane Mvrtle Maano/ia viroiniana Sweetbav Maanolia Metasequoia g[vptostrobo/des Dawn Redwood Prunus x 'Okame' Okame Chenv Prunux x yedoensis Yoshino Cherry Pyrus ca/Jervana Select Cleve Quercus phe//os Willow Oak Ulmus parvifo/ia 'Bosoue' True Chinese Elm Ze/kova se"ata 'Musashino' EVERGREEN TREES 6'+ Cedrus at/antica 'Fastioiata' Upriaht Atlas Cedar Cedrus deodora Chamaecyparis obtusa 'Crioosii; Hinoki False Cypress Cryptomeria iaponica 'Yoshino' Jaoanese Cedar Cupressus alabra 'Blue Ice' Columnar Blue Cvoress /lex vomitoria 'Pendula' Weeoina Yaupon /lex x 'Nellis R. Stevens' Nellie R. Holly Juniperus chinensis 'Hetzii Columnaris' MaanoJia grandiflora 'Bracken's Brown Beautv' Bracken's Brown Beautv Magnolia arandiflora 'Uttle Gem' Little Gem Maanolia Pinus teada Loblolly Pine Thuia occidents/is 'Pyramidalis' Eastern Arborvitae 8208562\] 4 9 - 47- Item v'J.I0. PLANNING ITEM # 55740 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, , City Council ADOPTED, AS AMENDED * Ordinance to AMEND the Comprehensive Plan re deletion of references to establishment of a Redevelopment and Housing Authority (referred by City Council to the Planning Commission on June 27, 2006) *VIRGINIA BEACH COMPREHENSIVE PLAN POLICY DOCUMENT (per amended version adopted March 28, 2006) Page 31 A condition of blight is not satisfactory for any of the parties concerned. It is contrary to all of the strategic initiatives we have identified, and diminishes the ability of both the city, and the residents and property owners to meet their respective goals. In most cases, the best way to deal with this condition is Redevelopment--the removal of the existing uses and structures and the replacement of them with better uses and better structures. In some cases, this can be accomplished by the private sector alone, as in the case of the redevelopment of the Princess Anne Plaza Shopping Center. While the preexisting condition was not one of blight, there can be no argument that the new development is much healthier from a community, retail and tax base point of view. In other cases the intervention of the City will may be necessary, possibly with enhanced and enforced ordinances and land use policies. probably in the f-orm of a rodo','elopment authority, '.vith ':oter appro'lal, with the right of oondemnation oonsistent v:ith all other city objeotives, inoluding the fair and equal treatment of property OWflOCS and residents. '.Vhile this oonoept has yet to find fa'lor ',vith our Yoters, the need f-or it oan be made olear v:ith t'o,(O poiflts. There are two important points to consider. First, the negative influence of blight on our residents, our tax base, our economic development initiatives, and our entire community well-being cannot be stated strongly enough. Second, the number of housing units over the age of thirty years will increase from about 17,000 in 1990 to about 130,000 in 2020. It is inconceivable to think that all of them can attain that age in a condition acceptable to us. Virginia Beach is not alone in facing this phenomenon, but we are virtually alone in lacking necessary tools to deal with it. October 24, 2006 - 48- Item v'Jl0.. PLANNING ITEM # 55740 (Continued) Page 43 In addition to these financing tools, there is an additional tool that can be made available. This is an aggressive residential and retail conservation program coupled with a strategic revitalization I redevelopment policy. These initiatives should establish high aspirations for increased economic development and the elimination of conditions that would impede favorable growth or erode the quality of our neighborhoods. The assembly of tools outlined above is capable of carrying out large pieces of this policy. In each case, we either have these tools or have the legal authority to create them. There is one exception. This extremely important tool, a redevelopment agency, is lacking from our assembly of revitalization resources. However, v/ithout the passage of a referendum we laek the legal authority to ereate this '/aluable asset. Virginia Beach is one of the few major cities, anywhere, that lacks such an agency. The future of a Redevelopment Authority is in the hands of the voters of Virginia Beach. Without the passage of a referendum by the voters authorizing the activation of an authority, there can be none. In a referendum on November 5, 1996, the voters of Virginia Beach first addressed this issue and voted against the concept. In a referendum on May 2, 2006, the voters revisited this issue and a maiority of the qualified voters indicated again that there is not a need for an authority at this time. Therefore, in accordance with the wishes of the voters, the City will proceed with its plans for redevelopment without a Redevelopment Authority for the foreseeable future. However, should circumstances in the City change, it is within the purview ofthe voters of the City to revisit this issue, as they have before, and to again vote on the issue as they see fit. Page 237 Sustaining the economic vitality and quality of neighborhoods requires effort on the part of public and private property owners. The public sector invests considerable resources to ensure their properties contribute to a quality physical environment. In the context of housing and neighborhoods, the community also relies on private residential property owners to maintain their lands and buildings in order to protect their investment and, to a larger extent, the economic well being of Virginia Beach. Deterioration of housing, if left unchecked, could grow to a point where neighborhoods begin showing signs of blight. The state eode provides legislation that enables 10ealities to oombat sueh conditions, among them in eludes authorization to establish a redevelopment and housing authority, eontingent on passage of a ref-erendum demonstrating publio sl:lpport. This tool, while not eurrently a','ailable, should be acquired as it could serve a yital role in proteoting the quality and value of our physieal environment. Page 247 Policy H-2-3 In aeeordaaee ':lith a pl:lblie eooeation proeess aHd proceoores ol:ltliHed by state law, aetively pursue the goal of establishiHg a redevelopmeHt aad hOl:lsiHg aHthority. Actively pursue the goal of establishing a community conversation on redevelopment in Virginia Beach. October 24, 2006 - 49- Item v'J 10. PLANNING ITEM # 55740 (Continued) Page A-2 These following initiatives should be initiated in a timely manner for the purpose of implementing defined goals of the Comprehensive Plan. . Dialogue on Redevelopment and Housing .^..uthority Purpose: Develop an effective public dialogue eduoation program focusing on the purpose and Heed for a issue of redevelopment and hOl:lsing authority iH Virginia Beaeft in the City. This initiative affects a range of important community concerns. The proper course of action is to effectively address those concerns t&-tfte satisfaetion of our oitizens and to engage the citizens in discussing them with one another. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 24,2006 1 AN ORDINANCE TO AMEND THE 2 COMPREHENSIVE PLAN BY THE REMOVAL OF 3 THE RECOMMENDATIONS TO ESTABLISH A 4 REDEVELOPMENT AND HOUSING AUTHORITY 5 6 7 WHEREAS, on September 13, 2006, the Planning Commission held a 8 public hearing concerning the amendment of the Comprehensive Plan 9 (the "Plan") as set forth in the attached Exhibit A-1, and at the 10 conclusion of such public hearing, recommended that the Plan be 11 amended, and 12 WHEREAS, the public necessity, convenience, general welfare 13 and good zoning practice so require; 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 That the Comprehensive Plan of the City of Virginia Beach be, 17 and hereby is, amended and reordained in accordance with the 18 attached Exhibit A-1. 19 Adopted by the Council of the City of Virginia Beach on this 20 24th day of October, 2006. CA-10152 OID\ordres\Comp plan RHA ordin.doc R-1 September 29, 2006 Approved as to Content: Approved as to Legal Sufficiency: Exhibit A-I City Council Revision to Planning Commission Recommendation Comprehensive Plan Amendment Pertaining to Removal of Recommendations to Establish a Redevelopment and Housing Authority VIRGINIA BEACH COMPREHENSIVE PLAN POLICY DOCUMENT (per amended version adopted March 28, 2006) Page 31 A condition of blight is not satisfactory for any of the parties concerned. It is contrary to all of the strategic initiatives we have identified, and diminishes the ability of both the city and the residents and property owners to meet their respective goals. In most cases the best way to deal with this condition is redevelopment--the removal of the existing uses and structures and the replacement of them with better uses and better structures. In some cases this can be accomplished by the private sector alone, as in the case of the redevelopment of the Princess Anne Plaza Shopping Center. While the preexisting condition was not one of blight, there can be no argument that the new development is much healthier from a community, retail, and tax base point of view. In other cases the intervention of the city will may be necessary, possibly with enhanced and enforced ordinances and land use policies. probably in the form of a rede-velopment authority, '.'lith voter approval, with the right of oondemnation consistent '.1,'ith all other city objectives, including the fair and equa:l treatment of property owners and residents. \Vhile this ooncept has yet to find favor vrith our voters, the need for it can be made clear with 1\1,'0 points. There are two important points to consider. First, the negative influence of blight on our residents, our tax base, our economic development initiatives, and our entire community well-being cannot be stated strongly enough. Second, the number of housing units over the age ofthirty years will increase from about 17,000 in 1990 to about 130,000 in 2020. It is inconceivable to think that all of them can attain that age in a condition acceptable to us. Virginia Beach is not alone in facing this phenomenon, but we are virtually alone in lacking necessary tools to deal with it. 1 Page 43 In addition to these financing tools, there is an additional tool that can be made available. This is an aggressive residential and retail conservation program coupled with a strategic revitalization / redevelopment policy. These initiatives should establish high aspirations for increased economic development and the elimination of conditions that would impede favorable growth or erode the quality of our neighborhoods. The assembly of tools outlined above is capable of carrying out large pieces of this policy. In each case we either have these tools or have the legal authority to create them. There is one exception. This extremely important tool, a redevelopment agency, is lacking from our assembly of revitalization resources. Howo','er, without the passage of a referendum ',l,'S lack the legal authority to create this valuable asset. Virginia Beach is one of the few major cities, anywhere, that lacks such an agency. The future of a redevelopment authority is in the hands of the voters of Virginia Beach. Without the passage of a referendum by the voters authorizing the activation of an authority, there can be none. In a referendum on November 5, 1996, the voters of Virginia Beach first addressed this issue and voted against the concept. In a referendum on May 2, 2006, the voters revisited this issue and a maiority ofthe Qualified voters indicated again that there is not a need for an authority at this time. Therefore, in accordance with the wishes of the voters, the City will proceed with its plans for redevelopment without a redevelopment authority for the foreseeable future. However, should circumstances in the city change, it is within the purview of the voters of the city to revisit this issue, as they have before, and to again vote on the issue as they see fit. Page 237 Sustaining the economic vitality and quality of neighborhoods requires effort on the part of public and private property owners. The public sector invests considerable resources to ensure their properties contribute to a quality physical environment. In the cont~xt of housing and neighborhoods, the community also relies on private residential property owners to maintain their lands and buildings in order to protect their investment and, to a larger extent, the economic well being of Virginia Beach. Deterioration of housing, if left unchecked, could grow to a point where neighborhoods begin showing signs of blight. The state code provides legislation that enables localities to oomba-t such conditions, among them inoludes authorization to establish a redevelopment and housing authority, contingent on passage of a referendum demonstrating publio support. .. This tool, ",'hils not currently ayai1able, should be acquired as it oould serve a vital role in protecting the quality and ','alue of our physical en','ironment. 2 Page 247 Policy H-2-3 In accordance with a public education process and procedures outlined by state la',v, acti'loly pursue the goal of establishing a redo','elopment and housing authority. Actively pursue the goal of establishing a community conversation on redevelopment in Virginia Beach. Page A-2 These following initiatives should be initiated in a timely manner for the purpose of implementing defined goals of the Comprehensive Plan. .. Dialogue on Redevelopment and Housing '^1uthority Purpose: Develop an effective public dialogue education program focusing on the purpose and need for a issue of redevelopment and housing authority in Virginia ~ in the City. This initiative affects a range of important community concerns. The proper course of action is to effectively address those concerns te the satisfaction of our citizens and to engage the citizens in discussing them with one another. 3 Item v'X.l. - 50 - APPOINTMENTS ITEM # 55741 BY CONSENSUS, City Council RESCHEDULED: OLD BEACH DESIGN REVIEW COMMITTEE INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA WETLANDS BOARD October 24, 2006 - 51 - Item v'K.2. APPOINTMENTS ITEM # 55742 Upon NOMINATION by Council Lady McClanan, City Council APPOINTED: Richard M Hildreth Unexpired term thru 6/30/07 plus three years ending 6/30/10 BIKEWAYS AND TRAILS ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 24, 2006 - 52 - Item v'K.2. APPOINTMENTS ITEM # 55743 Upon NOMINATION by Council Lady McClanan, City Council APPOINTED: Kenneth Jobe Roy D. Flanagan William W. Din No Term GREEN RIBBON COMMITTEE Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 24, 2006 - 53 - Item V-No ADJOURNMENT ITEM # 55744 Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 7:30 P.M. . .., ......)-, . ') , ,-.,0:~ d. ',/r(; J/,.J ------~~--~-------------------- Beverly 0. Hooks, CMC Chief Deputy City Clerk Louis R. Jones Vice Mayor () --:;llhf'd~ ~i-Iodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia October 24, 2006