The URL can be used to link to this page

DECEMBER 14, 2010 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILL/AM D. SESSOMS, JR., A!-Large l~7CE MAYOR /.OIIIS R. JONES, Bayside -District ~ IUTA SWEET BELL./TTO, At-barge GLENN R. DAMS, Rose Hall -District 3 W/LL/AM R. DeS77:PH, At-Large HARRY E. DlEZEL, Kempcville -District 2 ROBERT M. DYER, Centerville - Distric! l BARBARA M. HENLEY, Princess Anne - District 7 JOHN E. UHR/N, Beach -District l 120SEMARY WILSON, At-Large /AMES L. WOOD, /.ynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORE C'/TY ATTORNEY- MAlZK D. STILES C'/TY ASSL'SSOR - JERALD BANAGAN CITY A UDITOR - L YNDON S. REM/AS CITY CLERK -RUTH HODGES ERASER, MMC CITY COUNCIL AGENDA 14 DECEMBER 2010 CITYHALL BUILDING 2401 COURTHOUSEDR/VE VIRGINIA BEACH, VIRG tNIA 23456-8005 PHONE: (757) 385-4303 FA;Y (757J 385-5669 E- MAIL: C[ycncf cr vbgov.com I. CITY COUNCIL BRIEFING -Conference Room- 3:00 PM A. SANDLER CENTER FOR THE PERFORMING ARTS FOUNDATION and OFFICE OF CULTURAL AFFAIRS ACTIVITIES Annie Sandler, Foundation President Emily Spruill, Director -Office of Cultural Affairs II. CITY MANAGER'S BRIEFINGS A. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Patricia Phillips, Director -Finance Department B. PLANNING ITEMS PENDING Jack Whitney, Director -Planning C. LYNNHAVEN PARKS and RECREATION OFFICES -Nike Site David Hansen -Deputy City Manager - D. LESNER BRIDGE FINANCING STRATEGY David Hansen -Deputy City Manager E. HEALTH CARE UPDATE Susan D. Watson -Deputy City Manager II. COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL 5:30 PM C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend David Rollins, DD Bayside Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS December 7, 2010 G. FORMAL SESSION AGENDA H. PUBLIC HEARINGS 1. SALE OF EXCESS CITY PROPERTY 240 London Bridge Road 2. TRANSFER OF RESTRICTIVE EASEMENT 2150, 2289/2293 Lynnhaven Parkway 3. LASKIN ROAD GATEWAY PHASE III Acquisition of Roadway for Utility Improvements by Agreement or Condemnation 4. WESLEYAN DRIVE (from Northampton Boulevard to Baker Road) Acquisition by Agreement or Condemnation 5. INSTALLMENT PURCHASE AGREEMENT (ARP) Baum Road and Crags Causeway 6. LEASES OF CITY-OWNED PROPERTY a. Virginia Beach Farmers Market - Jutta Lemieszek (dba Jutta's Candles and Gifts) b. 2101 and 2109 Princess Anne Road I. CONSENT AGENDA J. BIDS Ordinance re BIDS for the Lease of three (3) municipally-owned golf courses at 3425 Club House Road (Bow Creek), 4840 Princess Anne Road (Kempsville Greens) and 1144 Prosperity Road (Red Wing) re maintenance and operation K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 23-22.1 re drinking alcoholic beverages or tendering to another in <~ public place b. Section 23-57 and 18-56 re maintenance and license requirements for nail salons 2. Ordinance to DECLARE EXCESS City-owned property at 240 London Bridge Road and AUTHORIZE the City Manager to sell the property to Davcon Incorporated 3. Ordinance to RELEASE an easement encumbering city-owned property utilized by the Parks and Recreation Department at 2150 and 2289/2293 Lynnhaven Parkway and TRANSFER the easement to the Lake Lawson and Lake Smith natural area to restrict the site to a public park and recreational purposes in perpetuity. 4. Ordinance to AUTHORIZE acquisition of property in fee simple and temporary and permanent easements, either by agreement or condemnation, for the right-of--way of Laskin Road Gateway Phase 1-A, Phase III. 5. Ordinance to AUTHORIZE the major design features and acquisition of temporary and permanent easements, either by agreement or condemnation, for Wesleyan Drive 6. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Glenn A., Donald N. and Kenneth W. Baum in the amount of $374,914 at Baum Road and Crags Causeway. DISTRICT 7 -PRINCESS ANNE 7. Ordinance to AUTHORIZE the City Manager to EXECUTE a three (3) year Lease with JUTTA LEMIESZEK (dba Jutta's Candles and Gifts) for Space #30 at the Virginia Beach Farmers Market 8. Ordinance to ACCEPT and APPROPRIATE $7,515 from the Virginia Department of Motor Vehicles (DMV) to the FY 2010-11 Operating Budget of Animal Control with the Police Department to help offset the cost of sterilization programs for dogs and cats 9. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property for Keith P. Carl to construct and maintain an existing fence, fixed pier and gravel walking path at the rear of 4824 Lake Bradford Lane. 10. Resolution to REFER to the Planning Commission City Zoning Ordinance Amendments re bars and nightclubs 11. Resolution to ENDORSE the application of the Department of Museums for the 2011 Transportation Enhancement Program Grant re restoration work: a. Old Cape Henry Lighthouse -Fort Story L b. Ferry Plantation House - 4136 Cheswick Lane 12. Resolution to ADOPT the 2010 Virginia Beach Alternative Energy Task Force Report and DIRECT the City Manager to take the necessary action re the goals and recommendations of the Task Force PLANNING 1. Variance to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for OLYMPIA BENDIX IV, LLC re subdividing the property so each of the existing office buildings will be on a separate lot at 301 Bendix Road. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Application of BRENDA KAY FREEMAN/LAKE GEM D8, LLC for a Conditional Use Permit re an indoor recreational facility at 2181 Upton Drive, Suite 412. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 3. Application of BEREAN BIBLE CHURCH for a Conditional Use Permit re religious use at 945A Reon Drive. DISTRICT 1 -CENTERVILLE RECOMMENDATION APPROVAL 4. Application of NEW LIFE MISSION for a Conditional Use Permit re religious use and day care at 519 N. Witchduck Road. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 5. Applications re Changes of Zoning District Classifications at Indian River Road between Lake James Drive and Ferry Point Road for R.M. CLARKS, LLC./IRRA, LLC/CITY OF VIRGINIA BEACH: DISTRICT 1 -CENTERVILLE (1) R-5D Residential Duplex to B-2 Community Business (2) R-SD Residential Duplex to Conditional R-SD Residential Duplex (3) R-SD Residential Duplex to Conditional B-2 Community Business RECOMMENDATION APPROVAL 6. Ordinance to AMEND the Comprehensive Plan by adopting the Interfacility Traffic Area (ITA) and Vicinity Master Plan RECOMMENDATION APPROVAL M. APPOINTMENTS BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PERSONNEL BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 % % % % % % % % % % % CEREMONIAL OATH OF OFFICE MEMBERS OF CITY COUNCIL FORMAL SESSION 6:00 PM JANUARY 4, 2011 THE HONORABLE LESLIE L. LILLEY OFFICIATING -•iii~~~~~~~~iiiiiiiiiiii~~~iii~~~~~!• ~ ••o• ~; ~ CITY COUNCIL ;~ . ~~; -' " RETREAT ;~~°`~~: `. ;. 8:30 AM - 5:00 PM i ;:n=.~{ -~ ~: ~ FRIDAY and SATURDAY -~ .+ -,+ ~ ,; ~ January 21-22, 2011 ;; ~;;:r i =' ~+ -~ • CONFERENCE ROOM -' "~~.' '' ' Suite 1000 -<,::.?r~~* -~ + 222 Central Park Avenue -`. ~' ~* i+ . G~ ~: : TOWN CENTER ~ ~ ~{ i. i -~ ~s~~~~~-s~~~ ~ -, - - . _ .. _ - - ... _~~ i -, •i •~y! -t ~'• Agenda 12/14/lOgw w~t~tiv vbgov.com CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SF,SSOMS, JR., Ar-Large 6%CE MAYOR LOUIS R. JONES, Bayride -District 4 IZI'TA SWEET BELLIYTO, At-Large GLENNlZ. DAV/S, Rase Hal! -District 3 WILLIAM R. DeS7EPH, Ar-Large HARRY E. DIEZEL, Kempsville -District 2 ROBERT M. DYER, Centerville -District 1 BARBARA M HENI EY, Princess Anne -District 7 JOHN E. UHRIN, Beach -District 6 ROSEMARY WIL SON, At-Large .FAMES L. WOOD, lynnhaven -District S CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY -MARK D. STILES C/TY ASSESSOR -.IERALD BANAGAN CITY AUDITOR - I YNDON S. REMLAS C'II'Y CLERK - RUT H HODGES FRASF.R, MMC CITY COUNCIL AGENDA 14 DECEMBER 2010 CITYtiALL BUILDING 2401 COUR:~'HOUSE DR/VE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE,: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL BRIEFING -Conference Room- 3:00 PM A. SANDLER CENTER FOR THE PERFORMING ARTS FOUNDATION and OFFICE OF CULTURAL AFFAIRS ACTIVITIES Annie Sandler, Foundation President Emily Spruill, Director -Office of Cultural Affairs II. CITY MANAGER'S BRIEFINGS A. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Patricia Phillips, Director -Finance Department B. PLANNING ITEMS PENDING Jack Whitney, Director -Planning C. LYNNHAVEN PARKS and RECREATION OFFICES -Nike Site David Hansen -Deputy City Manager - - D. LESNER BRIDGE FINANCING STRATEGY David Hansen -Deputy City Manager E. HEALTH CARE UPDATE Susan D. Watson -Deputy City Manager II. COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL .5:30 PM C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend David Rollins, DD Bayside Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS December 7, 2010 G. FORMAL SESSION AGENDA H. PUBLIC HEARINGS 1. SALE OF EXCESS CITY PROPERTY 240 London Bridge Road 2. TRANSFER OF RESTRICTIVE EASEMENT 2150, 2289/2293 Lynnhaven Parkway 3. LASKIN ROAD GATEWAY PHASE III Acquisition of Roadway for Utility Improvements by Agreement or Condemnation 4. WESLEYAN DRIVE (from Northampton Boulevard to Baker Road) Acquisition by Agreement or Condemnation 5. INSTALLMENT PURCHASE AGREEMENT (ARP) Baum Road and Crags Causeway 6. LEASES OF CITY-OWNED PROPERTY a. Virginia Beach Farmers Market - Jutta Lemieszek (dba Jutta's Candles and Gifts) b. 2101 and 2109 Princess Anne Road I. CONSENT AGENDA BIDS Ordinance re BIDS for the Lease of three (3) municipally-owned golf courses at 3425 Club House Road (Bow Creek), 4840 Princess Anne Road (Kempsville Greens) and 1144 Prosperity Road (Red Wing) re maintenance and operation K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 23-22.1 re drinking alcoholic beverages or tendering to another in a public place b. Section 23-57 and 18-56 re maintenance and license requirements for nail salons 2. Ordinance to DECLARE EXCESS City-owned property at 240 London Bridge Road and AUTHORIZE the City Manager to sell the property to Davcon Incorporated 3. Ordinance to RELEASE an easement encumbering city-owned property utilized by the Parks and Recreation Department at 2150 and 2289/2293 Lynnhaven Parkway and TRANSFER the easement to the Lake Lawson and Lake Smith natural area to restrict the site to a public park and recreational purposes in perpetuity. 4. Ordinance to AUTHORIZE acquisition of property in fee simple and temporary and permanent easements, either by agreement or condemnation, for the right-of--way of Laskin Road Gateway Phase 1-A, Phase III. 5. Ordinance to AUTHORIZE the major design features and acquisition of temporary and permanent easements, either by agreement or condemnation, for Wesleyan Drive 6. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Glenn A., Donald N. and Kenneth W. Baurn in the amount of $374,914 at Baum Road and Crags Causeway. DISTRICT 7 -PRINCESS ANNE 7. Ordinance to AUTHORIZE the City Manager to EXECUTE a three (3) year Lease with JUTTA LEMIESZEK (dba Jutta's Candles and Gifts) for Space #30 at the Virginia Beach Farmers Market 8. Ordinance to ACCEPT and APPROPRIATE $7,515 from the Virginia Department of Motor Vehicles (DMV) to the FY 2010-11 Operating Budget of Animal Control with the Police Department to help offset the cost of sterilization programs for dogs and cats 9. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property for Keith P. Carl to construct and maintain an existing fence, fixed pier and gravel walking path at the rear of 4824 Lake Bradford Lane. 10. Resolution to REFER to the Planning Commission City Zoning Ordinance Amendments re bars and nightclubs 11. Resolution to ENDORSE the application of the Department of Museums for the 2011 Transportation Enhancement Program Grant re restoration work: a. Old Cape Henry Lighthouse -Fort Story b. Ferry Plantation House - 4136 Cheswick Lane 12. Resolution to ADOPT the 2010 Virginia Beach Alternative Energy Task Force Report and DIRECT the City Manager to take the necessary action re the goals and recommendations of the Task Force L. PLANNING Variance to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for OLYMPIA BENDIX IV, LLC re subdividing the property so each of the existing office buildings will be on a separate lot at 301 Bendix Road. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Application of BRENDA KAY FREEMAN/LAKE GEM D8, LLC for a Conditional Use Permit re an indoor recreational facility at 2181 Upton Drive, Suite 412. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 3. Application of BEREAN BIBLE CHURCH for a Conditional Use Permit re religious use at 945A Reon Drive. DISTRICT 1 -CENTERVILLE RECOMMENDATION APPROVAL 4. Application of NEW LIFE MISSION for a Conditional Use Permit re religious use and day care at 519 N. Witchduck Road. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL Applications re Changes of Zoning District Classifications at Indian River Road between Lake James Drive and Ferry Point Road for R.M. CLARKE, LLC./IRRA, LLC/CITY OF VIRGINIA BEACH: DISTRICT I -CENTERVILLE (1) R-SD Residential Duplex to B-2 Community Business (2) R-SD Residential Duplex to Conditional R-SD Residential Duplex (3) R-SD Residential Duplex to Conditional B-2 Community Business RECOMMENDATION APPROVAL 6. Ordinance to AMEND the Comprehensive Plan by adopting the Interfacility Traffic Area (ITA) and Vicinity Master Plan ~ RECOMMENDATION APPROVAL i M. APPOINTMENTS BOARD OF ZONING APPEALS CLEAN COMMUNITY COMMISSION ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PERSONNEL BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 X 7F K X X* X X !C ]~C X CEREMONIAL OATH OF OFFICE MEMBERS OF CITY COUNCIL FORMAL SESSION 6:00 PM JANUARY 4, 2011 THE HONORABLE LESLIE L. LILLEY OFFICIATING /~--~----------------iiii-iiiiiiiiii?• t •~ ~~`~' F+ ~~• ~~ ~ -~ ~~ww~~~~w~~w~~~~~~~~~~ww~#~~w{ ~; ~ CITY COUNCIL ~ ~ '' * RETREAT ;:~.,. ~ -~ ~; ~ -~ -+ -~ + 8:30 AM - 5:00 PM ;, ~ i~ i - ~; * FRIDAY and SATURDAY ~~~ ~; ; January 21-22, 2011 -• -. ~; ; CONFERENCE ROOM ; + ~~ ~ Suite 1000 ~~ ~ ~; ~ 222 Central Park Avenue ~ ~, -: : TOWN CENTER ~ ~ i' i -~ -~ ~wwwww~ww-~~ww~~~~~~ww~w~~~#* -, ~~ •~ Ff~ ~# Agenda 12/14/lOgw ww1~~.vbgov.com -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 14, 2010 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL'S BRIEFING to present the SANDLER CENTER FOR THE PERFORMING ARTS FOUNDATION and OFFICE OF CULTURAL AFFAIRS ACTIVITIES in the City Council Conference Room, Tuesday, December 14, 2010, at 3:00 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 14, 2010 -2- CITY COUNCIL `S BRIEFING SANDLER CENTER FOR THE PERFORMING ARTS FOUNDATION AND OFFICE OF CULTURAL AFFAIRS ACTIVITIES ITEM # 60500 3:00 P.M. The City Manager introduced Emily Spruill, Director of Cultural Affairs, who advised the role of Cultural Affairs is to develop the vision and direction of Cultural Arts. The Arts Industry is "alive and well " in Virginia Beach. The presentation comprised the following areas: Economic Impact Study of the Arts in Virginia Beach. Public Art Program Sandler Center and its Non profit Foundation In 2009, the Arts and Humanities Commission worked with Cultural Affairs and the American's for the Arts to study the Economic Impact of the Arts in Virginia Beach., local Art Groups, their audiences and their results. Jean Rawls, Chair of the Arts Commission, was in attendance. The study sends an important message that support of the Arts does not come at the "expense " of Economic Development; rather it is an industry with $56.8-Million in Annual Expenditures. Full Time E uivalent Jobs 1,411 Local Government Revenue $2.3-MILLION State Government Revenue $3.6-MILLION Ms. Spruill advised the Arts Commission funded over four hundred thirty (430) performances and returned over $312, 000 in direct revenue back to the City through admission taxes and daily rental. Restaurant Owners will attest to a dramatic increase in patrons on evenings when the Sandler Center has events. Arts attendees spend $30.44 per person, per event in Virginia Beach, which is in addition to the cost of the ticket. This is over and above the national average of $27.00. Ms. Spruill distributed the first publication of the Virginia Beach Public Art Guide. This is a ,free brochure for residents and visitors, highlighting the City's growing collection of over twenty-five (25) pieces of public art in the City. This Brochure is free and available at area Libraries, Visitor Centers, the Contemporary Art Center and the Sandler Center. Anew Art Gallery has opened at the Sandler Center. The Second and Third floor Lobby spaces at the Sandler Center have transformed into an Art Exhibition space. Fourteen (14) large scale abstract paintings by Virginia Beach Artist, Brock Childress, are currently on display. The Foundation received a gift from Juanita Felton and her late husband Tom, to commission a large scale sculpture on the Sandler Center Plaza. A Selection Committee was formed and selected Lin Emery, a renowned Louisiana artist who has created sculptures around the world, including Pennant at the Central Library. The sculpture will be kinetic, providing slow, gentle movement to the breeze. Inspired by the Sandler Center logo, the sculpture will be 22 to 25 feet in height with an 18 foot orbit. December 14, 2010 -3- CITY COUNCIL `S BRIEFING SANDLER CENTER FOR THE PERFORMING ARTS FOUNDATION AND OFFICE OF CULTURAL AFFAIRS ACTIVITIES ITEM # 60500 (Continued) The Sandler Center Foundation had an outstanding 2009-2010 Season: First Gala Fundraising Event: Mardi-Gras Masquerade, prior to the Harry Connick, Jr. Concert, raising $5,000 for the Sandler Center's Educational Programs. National Design Build Award recognized the Sandler Center for its superior aesthetic and acoustic quality, as well as its location in the Town Center Arts and Entertainment District. It awarded the Center with its 2010 National Design Build Award in the category of public sectors $25- to $SO-MILLION projects. Second Annual "Why Not Wednesdays? -This is in collaboration with the City's Department of Agriculture. This year, vendors were added from the Virginia Beach Farmer's Market who offered locally grown produce, seafood and flowers in the Plaza. More than 12,000 individuals attended on Wednesdays during the Summer and raised $4,000 for the Foundation's Education Fund. The Sandler Center Foundation elected new Executive Leadership during the 2009-10 season: Annie Sandler President Vincent Olivieri Vice President Cheryl McLeskey Secretary Tom Rucker Treasurer Annie Sandler, President -The Sandler Center Foundation noted the Foundation Achievements: Foundation Achievements The Foundation has raised approximately $1 S-MILLION to date: Approximately 87% of Capital Campaign gifts have been received and we have paid $10, 494, 546 to the City from these proceeds. Only $1, 625, 454 left to pay from fundraising goal Will have this paid off in less than two (2) years - S years earlier than the agreed repayment schedule December 14, 2010 -4- CITY COUNCIL `S BRIEFING SANDLER CENTER FOR THE PERFORMING ARTS FOUNDATION AND OFFICE OF CULTURAL AFFAIRS ACTIVITIES ITEM # 60500 (Continued) Foundation Achievements (Continued) Implementing Phase II of Fundraising Campaign to build the Endowment Funds for education and programming. Today, the Foundation Board continues to fundraise and has raised $275, 000 in new gifts over the last four (4) months. Working with Lyle Sumek to develop a Strategic Plan for the Foundation and the Sandler Center. Unveiled the Access the Arts Program New program aims to reach underserved students in Virginia Beach schools who might not otherwise have the opportunity to benefit from the Sandler Center's educational programs Included as a goal in Mayor's Challenge for Children and Families Since September, we have reached 1,254 students in Virginia Beach Title 1 Schools - a 352% increase from last year Our goal is to reach 3, 500 students in 2011 with the ultimate goal of providing funding for every Title 1 School in Virginia Beach by 2012. Reached over 11,000 students with Education programs Committed to bringing and engaging meaningful arts experiences to young people in Virginia Beach through: Student Matinees Master Classes and Workshops In-School Residences Teaching Tools, such as Study Guides, that that align with the SOL's Ms. Sandler introduced Doug Higgons, Regional Vice President -Global Spectrum, who advised Global Spectrum is an International Facility Management Company (managing I03 facilities across the United States and Canada, as well as internationally. Mission Provide world-class facility resident groups. Be a cultural focal point for the community with fiscally sound management. Foster positive relationships with Town Center. December 14, 2010 -5- CITY COUNCIL `S BRIEFING SANDLER CENTER FOR THE PERFORMING ARTS FOUNDATION AND OFFICE OF CULTURAL AFFAIRS ACTIVITIES ITEM # 60500 (Continued) Events Hosted Three (3) Seasons Seven hundred thirty four (734) events Two hundred forty-one thousand eight hundred thirty-five (241, 835) attendees Five Million, four hundred ninety-one, five hundred thirty-seven dollars ($5,491,537) ticket revenue Goals Maximize positive impact on Town Center businesses Provide world class programming appealing to the diverse Virginia Beach community Serve as a resource to the public schools Mr. Higgons advised $596,413 in revenue has been generated from sponsorships and playbill advertising. Mr. Higgons displayed the highlights of the Greut Performance Series, the results of the Summer Showcase and Why Not Wednesday's DEFENDING THE CA VEMAN.• Summer Showcase Fourteen (14) performances Six (6) Sell-outs 1,865 tickets sold $58, 952 total ticket sales Partnership with Gordon Biersch WHYNOT WEDNESDAYS? Live entertainment, free and open to the public on Sandler Center Plaza 2 Seasons 33 Free Concerts 17, 707 attendees $7, 020 given back to the Foundation Partnership with Farmers' Market RESIDENT AND RENTALS 8 (Eight) Resident Companies 315 Events 105, 721 Attendees $2, 525, 696 Ticket Revenue December 14, 2010 -6- CITY COUNCIL `S BRIEFING SANDLER CENTER FOR THE PERFORMING ARTS FOUNDATION AND OFFICE OF CULTURAL AFFAIRS ACTIVITIES ITEM # 60500 (Continued) SOUND FISCAL MANAGEMENT FY 2008 68,858 attendees and $688,348 in revenue FY 2009 80, 090 attendees and $760, 417 in revenue FY 2010 89,400 attendees and $747,302 in revenue In total 238, 348 attendees and $2,196, 067 in revenue Since opening in 2007, there have been three hundred (300) volunteers, equating to 26, 860 and $176, 385 payroll savings *rates based on minimum wage. City Funding for Fiscal Year 2010 FY 10 Budget - $1, 507, 448 Actual Net Operating Costs - $1,326,279 Carry Forward for Future Programming - $ 181,169 A Programming Advisory Committee was created to hear the `public voice " to program shows of interest which resulted in a Great Performance Series line-up for 2010-2011. The members are Annie Sandler, Vince Olivieri, Morgan Davis and Gerald Divaris. December 14, 2010 - 7- CITY MANAGER `S BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) 3:25 P.M. ITEM # 60501 Patricia Phillips, Director of Finance, stated as required by State Code Section 15.1-167, the Audit is presented. Mrs. Phillips introduced Robert G. Bielat, CPA, Partner -Cherry Bekaert and Holland - Auditors. Mr. Bielat advised there are approximately 1500 man hours involved in this Audit. Mr. Bielat and Patricia Phillips recognized Don Barnett, Comptroller, who was unable to attend, Miryam P. Woodson, Principal Accountant, Wendy Hu, Accountant IV, and Aaron McCoy, Accountant III. Mr. McCoy is the newest member of the Department and has been most helpful in compiling material. Auditors' Opinion on the Financial Statements • Unqualified Opinion • Accounting principles generally accepted in the United States of America •'• Material transactions and balances • Compliance with laws and regulations material to the financial statements Required Communications • Our responsibility under generally accepted auditing standards: :• We assessed risk that the financial statements may contain a material misstatement, either intentional or unintentional • We documented and considered internal controls to assist us with our audit approach, not for the purpose of providing assurance on those controls. • Our Responsibility under Government Auditing Standards (The Yellow Book) • We reviewed and tested the City's compliance with laws and regulations, noncompliance with which could have a material impact on the financial statements. • We reviewed compliance with applicable laws and regulations ident~ed in the Specifications for Audits of Counties, Cities and Towns issued by the Auditor of Public Accounts of the Commonwealth of Virginia. • Our Responsibility under OMB A-133 • We performed procedures in order to express an opinion on the City's compliance with requirements applicable to major Federal programs. Our opinion is unqualified. • We performed tests of controls to assess the City's ability to detect material noncompliance with program requirements, not to express an opinion on controls. December 14, 2010 -8- CITY MANAGER `S BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 60501 (Continued) Required Communications •'• Independence • In accordance with AICPA Rule 101, and the Independence Standards contained in Government Auditing Standards, we were, and continue to be, independent with respect to the City of Virginia Beach. • Accounting Policies • No new significant policies adopted • No transactions that lacked authoritative consensus •'• Estimates :• These statements include estimates, including: • Allowance for doubtful accounts • Other Post Employment Benefits liability • Claims Liability Required Communications • Significant Audit Findings • There were no disagreements or d~culties in dealing with management • There were no misstatements individually or in the aggregate identified during our audit • There were no consultations with other accountants Mrs. Phillips outlined the Agenda: FY 2010 Audited Financial Statements Entity Wide Statements - GASB 34 MD&A (Management's Discussion and Analysis Individual Funds General Fund Schools Operating Fund TIF's (Tax Increment Financing) Water and Sewer Fund Storm Water Fund Capital Improvement Program Debt -June 30, 2010 Fiscal Year 2011- Through November 30, 2010 December 14, 2010 -9- CITY MANAGER `S BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 60501 (Continued) VISON/GOALS • City Council Goal: • Create a Financially Sustainable City Providing Excellent Services • Produce Transparent and Understandable Financial information Entity-Wide Financial Condition Fiscal Year Ended June 30, 2010 All City Funds :• Net Assets of the City increased by $32. SM, from $3.25-Billion to $3.29-Billion :• Capital Assets increased by $72.2-Million, which includes: • Princess Anne / Kempsville Road intersection $20.8-Million • Oceana Site acquisition $14.3-Million • Norfolk Southern right-of-way acquisition $10.0-Million • Laskin Road Gateway $ 9.9-Million • Witchduck Road $ 4.5-Million • North Beach drainage $ 4.7-Million Mrs. Philips referenced the 2 page handout of the List of City Funds as of June 30, 2010. All of these funds are currently under review. .Said list is hereby made a part of the record. Statement of Net Assets -- A!I City :Funds. ~.i~ June 34, 2010 (in biliians} Governmental Business Total Assets $ 3.7 $ 1.0 $ 4.7 .~~ Liabilities (1.2) (0.2) (1.4) y Net Assets $ 2.5 $ 0,8 $ 3.3 rr S ;,~}~ December 14, 2010 -10- C ITY MANAGER `SBRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 60501 (Continued) Statement of Activities -All City Funds June 30, 2010 (in Millions) Expenses Governmental Activities $ 1,167.1 Business Activities 111.4 Total City $ 1,278.5 General Revenues: Taxes Other Net Increase Net Assets -Beginning Net Assets -Ending Individual Funds ,• Cam: •'• General Fund TIF's • Water & Sewer Enterprise Fund • Storm Water Enterprise Fund • CIP Expenditures •'• Schools: • • School Operating Fund Program Revenues $ 310.0 126.1 $ 436.1 Net Expenses $ (857.1) 14.7 $ (842.4) $ 806.4 ~Q 3L.~ 3,253.1 $ 3,285.6 December 14, 2010 -11- CITY MANAGER `SBRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 60501 (Continued) Summary of General Fund Activity for FY 2010 (in Millions) of BUDGET ACTUAL VARIANCE Budget REVENUES $ 1,052.0 $ 1,048.4 $ (3.6) EXPENDITURES (1,096.3) (1,041.0) 55.3 REVENUES OVER (UNDER) $ (44.3) $ 7.4 $ 51.7 FUND BALANCE -JULY 1 163.7 FUND BALANCE -JUNE 30 171.1 LESS: RESERVATIONS (69.0) UNDESIGNATED FUND BALANCE -JUNE 30 $ 102.1 Fund Balance as a percent of FY 2011 Revenues is 10.1 ao°~ c r60% a F' 0 540°ro a 20% FY 2010 General Fund Revenues _ Compared to Historic Trend at June 30, 2010 ~ _ 99.7% 100% ~- FY10 ACTUAL = $1 048 4M , . 73. o ANNUAL BUDGET = $1,052.OM 71.3% 60.Oo 0% Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June ^Rev Trend ~~°o of FY10 Rev Budge[ ... ". ~, -0.3% 5.0% December 14, 2010 -12- CITY MANAGER `SBRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 60501 (Continued) General Fund FY2010 Local Revenue Variances in Millions Real Estate Personal Property General Sales Utility Taxes Telecommunications Taxes Business Licenses Hotel Taxes Restaurant Meals Cigarette Taxes Fines and Forfeitures Virginia Aquarium Interest Other Local Revenue SPSA Total Local Revenue Variance General Fund Revenues Budget to Actuat at June 30, 2010 (in millions) Variance $ 4.8 (6.7) (0.9) (0.7) (2.0) (2. S) (1.1) (1.4) (0.5) (1.6) (1.2) (4.4) 0.5 $ (1 ~. ~) 18.1 $ 0.4 ,3 ~~ Budget Actual Variance Local $ 923.0 $ 923.4 $ 0.4 State 105.9 1.02.7 (3.2) .- Federal 23.1 - 22.3 (0.8) } } Total $1,052.0 $1,048.4 $ (3.6~ - Percent Un der Budget -0.3% ~~F ~~_ ~~r ~Y December 14, 2010 -13- Variance Constitutional Officers Reimbursements State Aid Law Enforcement Recordation Fe e Maintenance of Roads Human Services Other Total Reductions Less: Estimated Original Budget Reduction Net Additional Variance CITY MANAGER `SBRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 60501 (Continued) General Fund FY2010 State Revenue Variances (in Millions) $ (0.3) (1.7) (0.6) (l.l) (0.9) (0.7) $ (5.3) 2.1 $ (3.2) r- Real Estate Tax Revenues June 30, 200fi - 2010 {$4.8M Over Budget) 5500 E400 c _= 5300 f N m m 5200 K 5100 So ,~w ~ , ~ 9 ~g~ ~~~~«fy; ~~~w FY 2005 FY 2007 FY 2008 _. _ oBudget_._~ DActual Collection ,z FY 2008. FY 2010 t #_ 'ss,, December 14, 2010 -14- C ITY MANAGER `SBRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 60501 (Continued) .<s Personal Property Taxes -Local June 3D, 2Q06 -- 2Q1Q ($6.7M Under Budget - Excludes PPTRA) $83.6 $82.2 $so ----- $60 ---- c 0 f w $40 -- m c m m $20 -- $o 5 72.3 $70.6 $75.1 570 2 ~sF. R . $86.b I 549.0 S 58.8 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 ~~H u~ i ~ oActual Collection ^ Budget ~ ~ _ ~... General Sales Taxes June 34, 2t}Q6 - 2010 ($800t( Under Budget} sso $50 $40 o` $30 w c $20 D: $10 $o ,t~~°E^~a FY 2006 ~ f' ~~~ ~~~3 FY 2007 FY 2008 FY 2008 o dget ^Actual Collection i _~t -i <~_. FY 2010 ,~ ~. - .t-= ,; ~1 December 14, 2010 -IS- C ITY MANAGER `SBRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 60501 (Continued) Business License June 34, 2Q~6 - 2Q10 ($2.5M Under Budget] 550 540 ~ 530 0 w N ~ 520 m m K 510 50 ~E~ "u~ FY 2008 FY 2007 FY 2008 FY 2009 Y ~ - _-- - ---- ~ € ^ Budget ^ Actual Collection ~~ -_ ~`~ ~ ~ -_ ~_,~'" Hotel Room Taxes June 3p, 2Q~6 -- 2010 ($1.1M Under Budget) 525 520 ~ 515 0 f N ~ 510 C 7 E5 So .&"~'~~y, FY 2006 FY 2007 FY 2008 FY 2009 h 'ti a - -- -- Y z. €!i ~; ~ ^Budget ^ActualCollection ~-- - -- ~f 1~~µ .,- _` =~,i ~. FY 2010 ~.~.. ~~ ~. FY T010 December 14, 2010 -16- C ITY MANAGER `SBRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 60501 (Continued) Restaurant Deal Taxes ~: June 30, 2046 - 2Q1Q ($1.4M Under Budget) 350 E40 c 330 w m d 320 m K 310 Eo ~~~41. ~~ +!~ s r City Expenses: Departments Debt Service Capital Projects Total Schools (City Funding): Operating Transfers Debt Service Capital Projects Total Total Expenditures $ 1,096.3 $ 1,041.0 $ ,:,nr c~__ E:~ ; :?r, ;'4, General Fund Expenditures For Fiscal Year Ended June 30, 2010 (in Millions) Budget Actual Variance % Savings $ 612.4 $ 583.0 $ 29.4 41.3 33.8 7.5 58.6 58.6 - 712.3 675.4 36.9 5.2% $ 335.2 $ 317.5 $ 44.2 43.5 4.6 4.6 _ 384.0 365.6 17.7 0.7 18.4 2.6 55.3 5.0% December 14, 2010 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 ^Budget oActualCollection ~___ „c~r„ -17- CITY MANAGER `SBRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 60501 (Continued) General Fund FY 2010 Expenditure Variances (in Millions) Variance School Reversion City• Human Services 5.9 Police 4.8 Public Works 3.3 Fire 1.7 ComTT 1.4 Employee Special Benefits 1.1 Museums 1.1 Debt Service 8.2 Transfers 1.6 Other Depts 8.5 Total Variance 200 150 c 0 ~ 100 Q 50 tb.~% v 12.0 'v CC w b v 8.0 v fYJ _ - 0 0 4.0 v_-_= ~~ 0 2003 2004 2005 '2006 2007 2008 2009 2010- ~a+~ ~{ ~;.~N~~ OUndesignated GF Balance t° o of BudgetedGF Revenue ~~ ._.. c{ ~~,~;;~.~~~ Policy = 8-12% of Revenues ~, Undesignated General Fund Balance $ 17.7 $ 37.6 $ 55.3 z= -~ ,~. 12.8 % 9.3 8 S° 6 8.8 % "123.4 , . '6103.4 $103.4 - --- $96:b S92.7 ~ 510_J 11 $73 '663.1 . 0.0 December 14, 2010 -18- CITY MANAGER `SBRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 60501 (Continued) General Fund Undesignated Fund Balance June 3d, 2a1Q (irf Miliians) Total Fund Balance June 30, 2010 S 171.1 Less: Reservations & Designations Loans $ 9.8 Department Reservations 4.4 Norfolk Southern 5.0 Risk Management 2.8 ~~. City CIP - 2011 27.4 School CIP - 2011 4.7 Net School Reversion 4.9 69.U Undesignated Fund Balance $ 102.1 Percent of Budgeted FY 2011 Revenues 10.1% `° School Operating Fund -Revenues & Expenditures For the Fiscal Year Ended June 30, 2010 (in Millions) Budget Actual Variance REVENUES.• City $ 336.5 $ 336.4 $ (0.1) Local 2.9 2.7 (0.2) From Commonwealth 327.0 317.0 (10.11) From Federal Government* 28.3 32.2 3.9 Total Revenues $ 694.7 $ 688.3 $ (6.4) EXPENDITURES $ (710.2) $ (686.3) $ 23.9 Excess Expenditure Savings Over Revenue Variance Prepaid Items Total Reversion to City 17.:i 0..2 $ 17.7 * Includes $13.7-Million in ARRA Funding for Basic School Aid December 14, 2010 -19- CITY MANAGER `SBRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 60501 (Continued) Tax Increment Financing Special Revenue Funds For the Fiscal Year Ended June 30, 2010 (in Millions) Sand- Lynnhaven bridge Mall CBD South Revenues: Real Estate Taxes $ 9.4 $ 2.1 $ 5.8 Interest 0.1 CBD Hotel Tax - Total Revenues 9.5 Expenditures $ - Debt Service - Transfers 8.9 Total Expenditures 8.9 Excess of Revenues Over Expenditures $ 0.6 Fund Balance -July 1 8.3 Fund Balance-June 30 8.9 n r ~.~ o.s $ 2.0 $ - - 5.6 2.0 5.6 $ 0.1 $ 0.7 .~ n ~ n 1.1 1.9 Mrs. Phillips advised each fund ended the year positive and their Fund Balances are adequate. Water & Sewer Enterprise Fund For the Fiscal Year Ended June 30, 2010 (in Millions) Budget Actual Diff Total Revenues $ 102.0 100.0 (2.0) Total Expenses $ (1162) (100A) 15.8 December 14, 2010 -20- C ITY MANAGER `SBRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 60501 (Continued) Storm Water Enterprise Fund For the Fiscal Year Ended June 30, 2010 (in Millions) Total Revenues Total Expenses Budget $ 25.0 $ (25.3) Actual 24.7 (21.8) (0.3) 3.5 Capital Improvement Program Expenditures FY 201 D (in Millions) General Government Projects School Projects Water and Sewer Projects Stormwater Projects TotalCapital ProjectExpenditures $ 177.6 66.4 28.6 10.9 $ 283.5 December 14, 2010 -21- CITY MANAGER `S BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 60501 (Continued) Capital Improvement Program Expenditures FY 2010 (in Millions) PRINCESS ANNE RD/KEMPSVILLE RD INTERSECTION OCEANA SITE ACQUISITION NORFOLK SOUTHERN ROW ACQUISITION LASKINROAD GATEWAY-PHASE 1-A WITCHDUCK ROAD -PHASE 1 NORTH BEACH DRAINAGE SUMMARY General Fund Balance within Policy, higher than 2009 (10.1 % FYIO versus 8.9 % FY09) One time benefits SPSA $18.1-Million Debt Service $8.2-Million Departments continue to manage their budgets Reductions in personnel have operating impacts Real Estate & Personal Property -levy down Challenges for FYlI and FY12 Outstanding Debt by Rurp©se as of June Total Debt - $1.214-Billion Agricproge x__e Z.6-196 General Government 55.53 }~ zti'~.p. .-+'' Schools 25.85 % _Storm Water 0.74 Weterand Sewer 15.24° t December 14, 2010 -22- CITY MANAGER `S BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 60501 (Continued) Status of Debt Management Policies for Fiscal Year Ended June 30, 2010 Ratio Description Established Guidelines FY10 Annual Debt Service to General Government Expenditures No greater than 10.0% 8.4% Overall Net Debt to Estimated Full Value Overall Net Debt Per Capita No greater than 3.5% 1.8% No greater than $2,400 $ 2,24 Overall Net Debt Per Capita to Per No greater than 6.5% 5.1 Capita Personal Income Assessed Value Per Capita Information Only $129,532 Mrs. Phillips advised these are affordability indicators and are important monitors. FY 2011 General Fund Revenues and Expenditures Compared to Budget Thru November 30, 2010. (In Millions) Annual YTD Budget Actual Variance Revenues Local Revenues $ 808.1 $ 220.1 $ (588.0) State Revenues 143.0 31.5 (111.5) Federal Revenues 22.6 8.6 (14.0) Total Revenues $ 973.7 $ 260.2 $ (713.5) Expenditures/Encumbrances Departmental Totals $ 522.0 $ 242.4 $ 279.6 Transfers 513.3 214.4 298.9 Reserve for Contingencies 1.8 - 1.8 Total Expenditures/Encumbrances $ 1,037.1 $ 456.8 $ 580.3 Less Amounts Funded from Fund Balance Outstanding Encumbrance at 6/30/10 $ 7.9 Approved Carryover Requests 0.6 Funding for City Capital Projects 27.5 Funding for School Capital Projects 4.7 Norfolk Southern right of way 5.0 School Reversion 14.9 Risk Management 2.8 Adjusted Expenditures/Encumbrances $ 973.7 December 14, 2010 -23- CITY MANAGER `S BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 60501 (Continued) Mrs. Phillips advised the next Briefing will be January 25, 2011. Vice Mayor Jones referenced Page 208 of the COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), the City of Virginia Beach School Board Balance Sheet, and the unrestricted Fund Balance of $98-MILLION. Mrs. Phillips advised this is not just the School Operating Fund, but all their funds, including the text book, grant, cafeteria, school athletics and Risk Management funds (everything. Vice Mayor Jones also stated on Page 215, a Total Fund balance of $129,345,069 and questioned the d Terence. Mrs. Phillips advised this particular Total Fund Balance comprises the School's Governmental and Internal Service Funds. Vice Mayor Jones requested copies of the School Board Budget and Balance Sheet during the FY2011- 12 Budget Process be provided to City Council Members. Council Lady Henley had previously suggested this last year. Information re the Balances shall be provided. December 14, 2010 -24- CITY MANAGER `S BRIEFING PLANNING ITEMS PENDING 4:04 P.M. ITEM # 60502 Jack Whitney, Director of Planning, gave a brief synopsis of the Planning Items pending for January 11, 2011 and January 25, 2011, City Council Sessions January 11, 2011 S. DAWSONAND SUSAN P. STERLING Non-Conforming Use Beach District The applicant requests aNon-conforming Use. Property has two single family dwellings on the lot. The applicant wishes to replace the existing dwelling units with two new homes. The proposed dwelling units will conform with the Shadowlawn Design Guidelines. Evaluation and Recommendation This Planning Staff recommends approval ROY E. BRINN, JR. Subdivision and Flood Plain Variance Princess Anne District The applicant requests Subdivision and Floodplain Variances in order to subdivide a 49.3 acre site into two parcels. A new single family dwelling for the applicant will be constructed on one parcel, the other parcel will retain the existing single family home for the applicant's son The existing home will be on 2.18 acres The new dwelling will be on the remaining 47.1 S acres. Evaluation and Recommendation This Planning Staff recommends approval with conditions Planning Commission recommended approval (I1-0) There was no opposition December 14, 2010 -2s- CITY MANAGER `S BRIEFING PLANNING ITEMS PENDING ITEM # 60502 (Continued) ELIZABETH CLAIRE, INC. Conditional Use Permit for a home occupation Princess Anne District The applicant is requesting a Conditional Use Permit for a home occupation The applicant is a Writer and Editor with a need for clerical work to be done The applicant proposes to hire one employee to provide assistance with typing, data entry, copy editing, bill paying, correspondence and filing The employee would work from the applicant's home from 9:00 A.M. until 7:00 P.M. several days during the week. Evaluation and Recommendation This Planning Staff recommends approval with conditions Planning Commission recommended approval (11-0) There was no opposition CHESAPEAKE ATLANTIC, LLC Modification of a Conditional Change of Zoning (1/13/2010) Beach District The applicant is requesting a Modification of a Conditional Change of Zoning granted on January 13, 2010, for the primary purpose of flipping the location of the building from the north side of the property to the southern side of the property and to change the Proffered building elevations. The application was previously scheduled for the May 25, 2010, City Council Session, but was referred back to Planning Commission for their review of revised building elevations. The applicant has met with the community Civic League for the revised building elevations. The applicant has also made other revisions to the Proffer Agreement as discussed with the Civic League. Evaluation and Recommendation This Planning Staff recommended approval Planning Commission recommended approval (11-0) There was no opposition December 14, 2010 -26- CITY MANAGER `S BRIEFING PLANNING ITEMS PENDING ITEM # 60502 (Continued) January 25, 2011 WILLIAM H. THUMEL, JR. Conditional Use Permit Kempsville District The applicant requests a Conditional Use Permit to allow a Bridge Club to continue to operate within three suites of an existing building The hours of play are from 10: 00 A.M. to 4:00 P.M. daily. Evening meetings are held from 7:00 P.M. to 10: 30 P.M. two (2) nights per week. The average attendance is approximately 52 senior citizens utilizing 13 tables at a time. The building is centered on the lot with a majority of the 82 parking spaces in the center. Evaluation and Recommendation This Planning Staff recommended approval Planning Commission recommended approval (11-0) There was no opposition OCEAN TRACE CONDOMINIUMASSOCL4TION, INC. Conditional Zoning Beach District The applicant proposes to rezone the eastern portion of this existing A-18 property to Conditional A-18 for the purpose of restricting the number of units on the site to no more than forty-eight (48) units The subject site, designated as parcel B, is located on the eastern portion of what was once a 124-unit apartment community. Recently 48 units were renovated and converted to condominiums. One building of 12 units will be converted to anon-residential use. Financing has been obtained to renovate the remaining units on the western portion of the property that will not be converted to condominiums. This necessitates the property be subdivided. Evaluation and Recommendation This Planning Staff recommended approval Planning Commission recommended approval (11-0) There was no opposition December 14, 2010 -2i- CITY MANAGER `S BRIEFING PLANNING ITEMS PENDING ITEM # 60502 (Continued) OCEAN TRACE L. C. Conditional Zoning Beach District The applicant proposes to rezone the western portion of the existing A-18 apartment development and a smaller parcel Conditional A-24 to support the density of 64 existing apartment units after a subdivision of the site from units converted to condominiums on the eastern portion. The subject site designated as parcel A is located on the western portion of what was once a 124-unit apartment community. The apartment units on the eastern portion were renovated and converted to condominiums. The applicant had intended to renovate and convert the remaining 64 units but could no longer pursue that course. The applicant has procured a financing commitment to renovate and refurnish these units as apartments. The subdivision will result in 64 existing apartment units on Parcel A exceeding the 18 units/acre of the current zoning. Evaluation and Recommendation This Planning Staff recommended approval Planning Commission recommended approval (11-0) There was no opposition KEMP ENTERPRISES, INC. Conditional Zoning Change Kempsville District In July 2010, this site was rezoned to Conditional A-24 with a PD-H2 Overlay for a condominium development In accordance with Zoning ordinance requirements, the open space areas must be zoned P-1 Preservation District. The total size is 9 acres. 1 S% open space equates to 38, 550 square feet. This proposal depicts 47, 088 square feet. Evaluation and Recommendation This Planning Staff recommended approval Planning Commission recommended approval (11-0) There was no opposition December 14, 2010 -28- CITY MANAGER `S BRIEFING PLANNING ITEMS PENDING ITEM # 60502 (Continued) CAPE HENRYRACQUET CLUB Modification of a Conditional Use Permit for outdoor recreation Beach District The applicant requests a Modification of a Conditional Use Permit for outdoor recreation (tennis center) approved by City Council in October 1973 The Conditional use Permit has no conditions The request is to construct a 12, 954 square foot indoor tennis building over two existing tennis courts. The application has been before the Chesapeake Bay Preservation Area Board and the Variance was approved. Evaluation and Recommendation This Planning Staff recommended approval Planning Commission recommended approval (11-0) There was no opposition December 14, 2010 -29- CITY MANAGER `S BRIEFING L YNNHA VEN PARKS AND RECREA TION OFFICES -NIKE SITE ITEM # 60503 4:17P.M. David Hansen, repeated the December 7, 2010, request to City Council, after the Briefing re Lynnhaven Parks and Recreation offices -Nike Site. Request of City Council - Authorize a Public Hearing re: releasing recreational easement and transferring it to the Lake Lawson and Lake Smith Natural Area (l4 December) - Authorize Staff to bring forth an Ordinance for City Council's review and possible approval following the Public Hearing (14 December) - Authorize City staff to continue developing the initiative (land swap for new Parks and Recreation facility construction) in order to generate the sufficiency of private interest resulting in the receipt of a PPEA proposal for City Council to consider BY CONSENSUS, a Public Hearing and an Ordinance shall be SCHEDULED for the City Council Session of December 14, 2010, re: releasing recreational easement and transferring it to the Lake Lawson and Lake Smith Natural Area. Mr. Hansen advised he did not give the Open Space Committee a Formal Briefing, as indicated by Council Lady Henley, but did poll each of the members on that committee. Brian Solis, Planning, Design and Development Administrator -Parks and Recreation, advised each of the members on the Committee were polled and supported the recreational easement on the aforementioned properties having full knowledge about the other context of the other side of just what the impact would be. The property would be preserved in perpetuity. There are adjoining neighborhoods that exist to the current industrial operations off Lynnhaven Parkway. Commitments were made to Bellamy Woods re engagement with an active Civic League and having discussions re industrial operations adjacent to the neighborhood. Mr. Hansen advised there were three discussion points with adjacent neighborhoods: (1) relocation of industrial operations to another neighborhood. The staff is (2) listening to discussion points occurring in the late 1990's and early 2000, as well as incorporating some analysis into the adjoining neighborhoods (rezoning requests approved at City Council). (3), the Staff'is reviewing what the ITA (Interfacility Traffic Area Plan) might offer re other site locations. Mr. Hansen advised re the Salem Woods Community, he believes the staff can work through the same scenario, as they adjoin on the north side the City-wide piece, the staff will have to work diligently to bring the Rosemont Forest, which is on the actual western end, to at least lay out for them the potential options. City Council did approve $330, 000 in the current budget, which is being utilized to work with an architectural engineering firm re the requirements for Parks and Recreation at the various locations. Moving easements does not mean losing any material things that currently exist on the ground. Some renderings will be developed concerning how we may create a site plan that meets R-10. December 14, 2010 -30- CITY MANAGER `S BRIEFING L YNNHA VEN PARKS AND RECREATION OFFICES -NIKE SITE ITEM # 60503 (Continued) They would like to have the new development on the thirteen (13) acre parcel on the southside come off of Lynnhaven. They want to keep the created wooded buffer and would like the pedestrian access, which would have to be for that neighborhood, to access the Elementary School and Playground. Council Lady Bellitto, a resident of Salem Woods, and Councilman Dyer, representing the Centerville District, will be participating. Mr. Hanson referenced the copy of correspondence to Mayor Sessoms on December 10, 2010, from the New Castle Princeton Civic League President. They do not want what we are proposing to go into our Dam Neck maintenance facility. They do not want Parks and Recreation to move into Landscape Services. They have recommended where this Park Maintenance facility, existing on Lynnhaven Parkway, could be more appropriately located. The total acreage is twenty-one (21) acres. December 14, 2010 -31- ITEM # 60504 4:52 P.M. David Hansen, Deputy City Manager, briefed Ciry Council relative the proposed Lesner Bridge replacement. Lesner Bridge Replacement Background City has recognized the need to replace the Lesner Bridge for some time Replacement has been programmed since the April 2005 Capital Improvement Program, but only partially funded Project has advanced as far as possible with partial funding The Bridge is monitored and there is no safety risk to the public. The Bridge undergoes an engineering inspection basis annually. Maintenance is executed; however, the concrete is decaying and the rebar inside is affected. Eventually, the City will be faced with replacement of the Lesner Bridge. x_;,, ~~, .~. CITY MANAGER `S BRIEFING LESNER BRIDGE FINANCING STRATEGY Lesner Bridge Replacemenfi • Background -New bridge ~~ ~ ~ ~~`. ~~~ action view of the new bridge a _ .,~ 3 Elevation view from the bay December 14, 2010 -32- CITY MANAGER `S BRIEFING LESNER BRIDGE FINANCING STRATEGY ITEM # 60504 (Continued) Lesner Bridge Replacement Background Funding Status Estimated project cost: $89.6 -Million City funding to date: $I0.1 -Million Federal funding to date: $ 0.75 -Million Project Status Remaining funding needed: $78.75 -Million 90% design NEPA (National Environmental Protection Act) document is awaiting approval from FHWA (Federal Highway Administration) (pending funding) Projected start of construction is 2018 In 2009, Lesner Bridge was included in the 2030 LRTP (Hampton Roads Transportation Planning Organization's Long Range Transportation Plan) contingent upon receiving ARRA (American Recovery and Reinvestment Act) grant funding Inclusion in the LRTP allows: Project implementation to continue Remain eligible for federal funding (should such funding become available) Lesner Bridge must be fully funded from "revenue sources reasonably expected to be available " to remain in the LRTP Policy Report completed: December 10, 2010 City Council briefing: December 14, 2010 Consideration Fiscal constraints at the state/federal level have severely limited funding for major transportation projects In order to remain a viable project, Lesner Bridge needs to be in the 2030 LRTP Hampton Roads Transportation Planning Organization's Long Range Transportation Plan). VDOT has indicated that they may have ~$15-Million of Year End Funding to transfer to the project (current fiscal year) if it remains in the LRTP Complete right-of--way acquisition Relocate overhead transmission lines underground December 14, 2010 -33- CITY MANAGER `S BRIEFING LESNER BRIDGE FINANCING STRATEGY ITEM # 60504 (Continued) Recommendation to Remain in 2030 LRTP Direct City Manager to send letter to HRTPO (Hampton Roads Transportation Planning Organization with the following: City Council has been briefed on the need for funding within the 2030 timeframe. City Council acknowledges the requirement to reprioritize the Capital Improvement Program when the need for construction arises. City of Virginia Beach will continue to aggressively pursue federal and state cost- sharing opportunities to reduce the financial impact to local taxpayers. December 14, 2010 -34- CITY MANAGER `S BRIEFING HEALTH CARE UPDATE S: 03 P.M. ITEM # 60505 Susan D. Walston, Deputy City Manager, accompanied by Linda Matkins, Director of Consolidated Benefits, provided the status of Health Care. Agenda 1 Health Plan Management 1 Financial Projections - 2011 Work Effort 1 Review of Council Direction 1 Health Plan RFP 1 GASB 45 Valuation Health Plan Management 1 Maintained claims cost below National average in years 2006 through 2009 1 Expanded Disease Management and Wellness & Prevention programs 1 Increased Communication on Health Plan and Wellness offerings 1 Reduced GASB 45 Retiree Health Care liability 1 Funded Annual Required Contribution from Health Fund rather than the General Fund 1 Covering 2011 deficit with Health Fund 1 Achieved greater than 99% claims payment accuracy - by Third Party Administrator 1 Maintained limited rate increases to employees for three (3) years 1 Accomplished all directed actions by City Council for Plan Years 2010 and 2011 Financial Projections 1 Projected 2010 Claims Increase - 7% 1 Actual Claims through the 3r`~ Quarter projected to increase by 12% 1 Unexpected Cost Drivers Average age increased from prior year, after having remained constant for several years. Increase in age by 1 year increases claims by approximately 3% to 5%. Utilization of services increased (pharmacy and inpatient admissions were main contributors). Cost-share of services with copays/deductibles have remained flat Retiree claims experience worsened and enrollment growth outpacing actives (approximately 1,500 Retirees enrolled, or 9.6% of total enrollment) COBRA enrollment increased. Small group, but costs are double that of active employee cost 1 Projected trend for 2011 - 10% / 2012 - 10% (increase due to dependent age, Health Reform, and average age of enrolled members increasing) December 14, 2010 -35- CITY MANAGER `S BRIEFING HEALTH CARE UPDATE ITEM # 60505 (Continued) 2011 Work Effort 1 Develop three year Health Care strategy addressing Health trend and Health Care Reform 1 Provide employee education and receive feedback on Health Care offering for 2012 1 Present recommendations for Plan Year 2012 to City Council in June 2011 Review of City Council Direction Resolution adopted by City Council on June 24, 2008: - Request for Proposal (RFP) for Health Care Providers (S. That City Council currently supports retaining the self-insured Health Care Plan. In 2010, the City Manager shall solicit proposals for fully insured Health Care Plans). - GASB 45 Retiree Health Care Liability Valuation (10. That the City Auditor is directed to provide an actuarial evaluation of Retiree Health Care cost annually.) Health Plan RFP Delayed issuance of RFP, agreed to by City Council on November 11, 2009, due to uncertainties of Health Care Reform impact Renewed Third-Party Administrator contract for another year with OptimaHealth for 2011 Initiating fully/self-insured RFP for plan year 2012 Procurement process - S months Costs - $100K (RFP for 2008 Plan Year $106,590) Staff hours -estimated 250 hours Planned issuance in early January Fully-Insured vs. Self-Insured Mercer 2010 Employer Survey - 70% of employers with 500+ members are self-insured - 96% of employers with 20, 000+ members are self-insured Virginia Beach Members - Approximately 18, 500 eligible employees/ retirees - Over I5, 000 enrolled - Approximately 25, 000 members on the Health Plan Large employers remain self-insured - Plans are large enough to leverage the risks - Unwilling to assume the potential increased cost of a fully insured plan - Desire to maintain control of their plan of benefits December 14, 2010 - 36 - FACTORS TO CONSIDER CITY MANAGER `S BRIEFING HEALTH CARE UPDATE ITEM # 60505 (Continued) Fully-Insured vs. Self-Insured (Continued) PLAN TYPE Self-Insured Fully-Insured F)nancial State Premium Tax V None Administrative Fees V Limited to Plan Administration Financial Risk X Limited with Stop Loss Insurance; Responsible for Claims Runout if plan terminated Premium Rate Setting ~ Flexible Reserves/Retention of Surplus ~ Control of Cash Flow and Reserves in Health Fund Payment of Claims/Premiums ~ Paid as Claims Incurred Plan Monagement Plan Design Changes ~ Flexible Wellness/Disease Mgmt Impact ~ Direct Impact on claims cost Incentive Based Design ~ Direct Impact on claims cost Health Plan Administration X Required Management Access to Claims Data ~ Direct access; Ability to analyze data Reporting ~ As Requested Plan Interpretation ~ Ability to make payment exceptions, if appropriate Other Customer Service ~ Ability to assist employees with claims Legal Risks X Possible; Responsible for Compliance X Required - 2°~ X Higher Cost due to Assumed Risk and Profit Margin ~ None; Known Costs X Not Available X None X Paid on First of Month before Employee Premiums Deducted X Limited; and in Compliance with State Insurance Requirements X Limited to no Impact, as pooled with other groups' risk X Not Available ~ Limited X Standard Reporting X Standard Reporting X No Ability X Managed by health plan customer service X Reduced Alternatives: Health Plan Direction 1. Proceed with fully- and self-insured RFP 2. Conduct self-insured RFP 3. Perform Comparative Financial Analysis of Claims Costs among Third Party Administrators. Estimated consulting costs $SK-$IOK 4. Renew current contract for 2012 Health Plan RFP Recommendation 1 Maintain self-insured Health Plan Success with current self-insured Plan Advantages ofself-insurance - Renew current contract with Third-Party Administrator (Initial contract period ended 12/31/2010 with annual renewals available through 12/31/2014) No changes in marketplace since last issuance of RFP to warrant the need for a new analysis: • Provider Network • Provider Payment Contracts (impact on actual claims costs) Satisfaction • Claims Payment Accuracy • Medical Management • Access to Data/Reporting • Disease and Case Management • Partnership December 14, 2010 -37- CITY MANAGER `S BRIEFING HEALTH CARE UPDATE ITEM # 60505 (Continued) GASB 4S Valuation 1 Conducted Valuations in 2007, 2008, 2009, and 2010 of the Retiree Health Care liability 1 Services cost approximately $30K, plus staff time (2010 valuation cost $30,268) 1 GASB 45 requires Valuations to be conducted every two (2) years GASB 45 Valuation Recommendations - Do not conduct Valuation in 2011 - Utilize 2010 Valuation amount and deposit $8-MILLION to trust fund by June 30, 2011 - Follow required Valuation frequency of every (2) two years, conducting in 2012 Linda Matkins advised the contract with the Third Party Administrator was renewed for 2011 and initiating fully/self-insured RFP for Plan Year 2012 Cost of the Plan to be self insured plus overhead to administer versus the cost of the fully insured will be advised. As per the staff recommendation, the Request For Proposal (RFP) for fully and self-insured. December 14, 2010 -38- AGENDA REVIEW SESSION 5:35 P.M. ITEM # 60506 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. BIDS Ordinance re BIDS for the Lease of three (3) municipally-owned golf courses at 3425 Club House Road (Bow Creek), 4840 Princess Anne Road (Kempsville Greens) and 1144 Prosperity Road (Red Wing) re maintenance and operation K ORDINANCES/RESOLUTIONS 1.Ordinances to AMEND the City Code: a. Section 23-22.1 re drinking alcoholic beverages or tendering to another in a public place b. Section 23-57 and 18-56 re maintenance and license requirements for nail salons 2. Ordinance to DECLARE EXCESS City-owned property at 240 London Bridge Road and A UTHORIZE the City Manager to sell the property to Davcon Incorporated 3. Ordinance to RELEASE an easement encumbering City-owned property utilized by the Parks and Recreation Department at 2150 and 2289/2293 Lynnhaven Parkway and TRANSFER the easement to the Lake Lawson and Lake Smith natural area to restrict the site to a public park and recreational purposes in perpetuity. 4. Ordinance to AUTHORIZE acquisition of property in fee simple and temporary and permanent easements, either by agreement or condemnation, for the right-of--way of Laskin Road Gateway Phase 1-A, Phase III. Ordinance to AUTHORIZE the major design features and acquisition of temporary and permanent easements, either by agreement or condemnation, for Wesleyan Drive 6. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Glenn A., Donald N. and Kenneth W. Baum in the amount of $374, 914 at Baum Road and Crags Causeway. DISTRICT 7 -PRINCESS ANNE 7. Ordinance to AUTHORIZE the City Manager to EXECUTE a three (3) year Lease with JUTTA LEMIESZEK (dba Jutta's Candles and Gifts) for Space #30 at the Virginia Beach Farmers Market 8. Ordinance to ACCEPT and APPROPRIATE $7,515 from the Virginia Department of Motor Vehicles (DMV) to the FY 2010-11 Operating Budget of Animal Control with the Police Department to help offset the cost of sterilization programs for dogs and cats December 14, 2010 -39- AGENDA REVIEW SESSION ITEM # 60506 (Continued) 9.Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property for Keith P. Carl to construct and maintain an existing fence, fixed pier and gravel walking path at the rear of 4824 Lake Bradford Lane. 10. Resolution to REFER City Zoning Ordinance Amendments to the Planning Commission re bars and nightclubs 11. Resolution to ENDORSE the application of the Department of Museums for the 2011 Transportation Enhancement Program Grant re restoration work: a. Old Cape Henry Lighthouse -Fort Story b. Ferry Plantation House - 4136 Cheswick Lane 12. Resolution to ADOPT the 2010 Virginia Beach Alternative Energy Task Force report and DIRECT the City Manager to take the necessary action re the goals and recommendations of the Task Force Council Lady Henley voted a Verbal NAY on K. l.a (Ordinance to AMEND the City Code: Section 23-22.1 re drinking alcoholic beverages or tendering to another in a public place) Item K 12 (shall be DEFERRED, BY CONSENT) to January 11, 2011. Resolution to ADOPT the 2010 Virginia Beach Alternative Energy Task Force Report December 14, 2010 -40- AGENDA REVIEW SESSION ITEM # 60507 6. Ordinance to AMEND the Comprehensive Plan by adopting the Interfacility Traffic Area (ITA) and Vicinity Master Plan Item 6 shall be discussed during the Formal Session. L. PLANNING 1. Variance to ,¢ 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for OLYMPIA BENDIX IV, LLC re subdividing the property so each of the existing office buildings will be on a separate lot at 301 Bendix Road. DISTRICT S - LYNNHAVEN 2. Application of BRENDA KAYFREEMAN/LAKE GEM D8, LLCfor a Conditional Use Permit re an indoor recreational facility at 2181 Upton Drive, Suite 412. DISTRICT 7 -PRINCESS ANNE 3. Application of BEREAN BIBLE CHURCH for a Conditional Use Permit re a religious use at 945A Reon Drive. DISTRICT 1 -CENTERVILLE 4. Application of NEW LIFE MISSION for a Conditional Use Permit re religious use and day care at 519 N. Witchduck Road. DISTRICT 4 - BAYSIDE 5. Applications re Changes of Zoning District Class cations at Indian River Road between Lake James Drive and Ferry Point Road for R.M. CLARKS, LLC./IRRA, LLC/CITY OF VIRGINIA BEACH.• DISTRICT 1-CENTERVILLE (1) R-SD Residential Duplex to B-2 Community Business (2) R-SD Residential Duplex to Conditional R-SD Residential Duplex (3) R-SD Residential Duplex to Conditional B-2 Community Business Council Lady Henley shall vote a VERBAL NAY (Item L.4. New Life Mission re the day care portion of the application). Councilman Wood ABSTAINED and DISCLOSED pursuant to Section 2.2-3115(E), Code of Virginia, re City Council 's discussion and vote on the application of Brenda Kay Freeman/Lake Gem D8, LLC for a Conditional Use Permit for property located at 2181 Upton Drive. The applicant has listed JD & W, Inc. on its application as providing construction services although JD & W, Inc. has not been hired as of this date. Councilman Wood has an ownership interest in JD & W, Inc., which is located at 208 Ash Avenue, Suite 101 and he has a personal interest in the corporation. Councilman Wood DISCLOSED this interest and will ABSTAIN from voting on this matter. Councilman Wood's correspondence of December 14, 2010, is hereby made a part of the proceedings, December 14, 2010 -41- ITEM # 60508 6:00 P.M. THERE WAS NOT SUFFICIENT TIME FOR CLOSED SESSION December 14, 2010 -42- FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL December 7, 2010 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 14 2010, at 6:05 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: None INVOCATION: Reverend David Rollins, DD Bayside Presbyterian Church PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. December 14, 2010 -43- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial ") purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a ' personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of ident~ing any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. 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 ident~ing 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 ident~ing 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 oicial 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. December 14, 2010 -44- Item V-F.1 ITEM # 60509 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 7, 2010. Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Voting Nay: None Council Members Absent.• William R. "Bill " DeSteph, December 14, 2010 -45- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 60510 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 14, 2010 -46- Item V H.1. PUBLIC HEARING ITEM # 60511 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS CITY PROPERTY 240 London Bridge Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING December 14, 2010 -47- Item V-H.2. PUBLIC HEARING ITEM # 60512 Mayor Sessoms DECLARED A PUBLIC HEARING: TRANSFER OF RESTRICTIVE EASEMENT 21 S0, 2289/2293 Lynnhaven Parkway There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING December 14, 2010 -48- Item V-H.3. PUBLIC HEARING ITEM # 60513 Mayor Sessoms DECLARED A PUBLIC HEARING: LASKINROAD GATEWAYPHASE III Acquisition of Roadway for Utility Improvements by Agreement or Condemnation There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING December 14, 2010 -49- Item V-H.4. PUBLIC HEARING ITEM # 60514 Mayor Sessoms DECLARED A PUBLIC HEARING: WESLEYANDRIVE (from Northampton Boulevard to Baker Road) Acquisition by Agreement or Condemnation There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING December 14, 2010 -SO- Item V-H. S. PUBLIC HEARING ITEM # 6051 S Mayor Sessoms DECLARED A PUBLIC HEARING: INSTALLMENT PURCHASE AGREEMENT (ARP) Baum Road and Crags Causeway There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING December 14, 2010 - SI - Item V-H.6. a/b PUBLIC HEARING ITEM # 60516 Mayor Sessoms DECLARED A PUBLIC HEARING: Virginia Beach Farmers Market - Jutta Lemieszek (dba Jutta's Candles and Gifts) 2101 and 2109 Princess Anne Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING December 14, 2010 -52- Item V-J.1/K ORDINANCES/RESOLUTIONS ITEM # 60517 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items J.1. and K. 1 a/b, 2, 3, 4, S, 6, 7, 8, 9, 10, 11 and 12 (DEFERRED) of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady Henley voted a Verbal NAY on K.l.a (Ordinance to AMEND the City Code Section 23- 22.1 re drinking alcoholic beverages or tendering to another in a public Place) Item K.12 (Alternative Energy Task Force Report) was DEFERRED, BY CONSENT, until the City Council Session of January 11, 2011. December 14, 2010 -53- Item V-J.1. ORDINANCES/RESOLUTIONS ITEM # 60518 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance re BIDS for the Lease of three (3) municipally-owned golf courses at 3425 Club House Road (Bow Creek), 4840 Princess Anne Road (Kempsville Greens) and 1144 Prosperity Road (Red Wing) re maintenance and operation Voting: I1-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 14, 2010 1 BIDS FOR THE LEASE OF THREE MUNICIPALLY OWNED 2 GOLF COURSES LOCATED AT (1) 3425 CLUB HOUSE 3 ROAD (BOW CREEK) (2) 4840 PRINCESS ANNE ROAD 4 (KEMPSVILLE GREENS) AND (3)1144 PROSPERITY ROAD 5 (RED WING) FOR THE PURPOSE OF MAINTAINING AND 6 OPERATING THE COURSES 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That there shall be granted, in the mode prescribed by Article 1, Chapter 21, Title 12 15.2 of the Code of Virginia, as amended, upon the conditions hereinafter specified, a 13 lease of property more fully described on Exhibit A, attached hereto, for the purpose of 14 leasing and maintaining three City-owned golf courses for a period of ten (10) years, with 15 two (2) five-year extensions. 16 17 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That upon approval of this Ordinance by the City Council, it shall be the duty of the 21 City Clerk to cause to be advertised once per week for two successive weeks, in a 22 newspaper having general circulation in the City, a descriptive notice of the proposed 23 ordinance granting such lease, and in addition the Clerk shall, by such advertisement, 24 invite bids for the privileges and rights proposed to be granted by such ordinance, which 25 bids shall be in writing and shall be delivered to the Mayor, or in the absence of the Mayor, 26 to the Vice-Mayor, in open session at the day and hour specified in such advertisement, 27 which bids shall then be presented to the City Council by the Mayor, or in the absence of 28 the Mayor, by the Vice-Mayor, to be dealt with and acted upon in the manner prescribed by 29 law. Such advertisement shall expressly reserve the right to reject any and all bids, and 30 the successful bidder shall be required to pay all costs of advertising such ordinance in 31 addition to all other sums required under such lease. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of n~ , 2010. APPROVED AS TO CONTENT Dept: o arl(~s-S eation APPROVED AS T~ LE~,L SUFFICIENCY: ,. ~,. ,. City Attorney's Office CA11673 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\W pdocs\D024\P008\00081248.DOC R-1 December 3, 2010 EXHIBIT A Municipal Golf Courses Three (3) 18-hole golf courses, each with club house and related amenities: 1) Bow Creek Municipal Golf Course GPIN 1486-77-5714 3425 Club House Rd. Approx. 118 +/- acres Virginia Beach, VA 23452 Direct: (757) 431-3763 2) Kempsville Greens Municipal Golf Course GPIN 1476-17-8592 4840 Princess Anne Road Approx. 114 +/- acres Virginia Beach, VA 23462 Direct: (757) 474-8441 3) Red Wing Lake Municipal Golf Course GPIN 2425-09-5570 1144 Prosperity Rd. Approx. 294 +/- acres Virginia Beach, VA 23451 Direct: (757) 437-2037 -54- Item V-K.1. a. ORDINANCES/RESOLUTIONS ITEM # 60519 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AMEND the City Code: a. Section 23-22.1 re drinking alcoholic beverages or tendering (tailgating to another in a public place Voting: 10-1 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley Council Members Absent: None December 14, 2010 REQUESTED BY COUNCILMEMBERS DAVIS AND DESTEPH 1 AN ORDINANCE TO AMEND SECTION 23- 2 22.1 OF THE CITY CODE PERTAINING TO 3 DRINKING ALCOHOLIC BEVERAGES, OR 4 TENDERING TO ANOTHER, IN PUBLIC 5 PLACE 6 7 SECTION AMENDED: § 23-22.1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 23-22.1 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 15 Sec. 23-22.1. Drinking alcoholic beverages, or tendering to another, in public 16 place. 17 18 (a) If any person shall take a drink of alcoholic beverage or shall tender a drink 19 thereof to another, whether accepted or not, or manually possess any unsealed or open 20 container of any kind which contains an alcoholic beverage, at or in any public place, as 21 defined by Code of Virginia Section 4.1-100, or on or within any vehicle located in a 22 public place, he shall be guilty of a Class 4 misdemeanor. 23 24 (b) It shall be unlawful and punishable as a Class 4 misdemeanor for any 25 person to consume an alcoholic beverage while driving a motor vehicle upon a public 26 highway of this city. A rebuttable presumption that the driver has consumed an alcoholic 27 beverage in violation of this section shall be created if (i) an open container is located 28 within the passenger area of the motor vehicle, (ii) the alcoholic beverage in the open 29 container has been at least partially removed and (iii) the appearance, conduct, odor of 30 alcohol, speech or their physical characteristic of the driver of the motor vehicle may be 31 reasonably associated with the consumption of an alcoholic beverage. 32 33 (c) This section shall not prevent any person from drinking alcoholic beverages 34 or offering a drink thereof to another in the dining room or other designated room, as 35 defined in Code of Virginia Section 4-25, of a hotel, restaurant, club or boat, or in a 36 dining car, club car, or buffet car of any train, or beer only within all seating areas, 37 concourses, walkways, concession areas, as well as other additional locations 38 designated by the Virginia Alcoholic Beverage Control Board Oaiss+ea, in coliseums, 39 stadia, or similar facilities, during the performance of a collegiate or professional 40 sporting exhibition or event, provided such beer is served in a paper, plastic or similar 41 disposable container, or in any other establishment, provided such hotel, restaurant, 42 club, boat, dining car, club car, buffet car, coliseum, stadium or similar facility or other 43 establishment, or the person who operates the same, including a concessionaire, is 44 licensed to sell at retail for consumption in such dining room, room, car, seating areas, 45 46 47 48 49 50 51 52 53 54 55 56 57 concourses, walkways, concession areas, as well as other additional locations designated by the commission, in such coliseum, stadium or similar facility or establishment, such alcoholic beverages, and the alcoholic beverages drunk or offered were purchased therein. (d) In addition to the exceptions provided for in subsection (c), this section also shall not apply to parking areas designated by the City Manager or his designee for use by persons attending a collegiate or professional sporting exhibition or event on the day of such exhibition or event. The application process for such designation shall be substantially similar to the process set forth for special events in City Code $ 4-1, and shall include input from public safety entities. No such designation shall be valid unless the applicant has also obtained the required permit or permits from the Virginia Alcoholic Beverage Control Board. Adopted by the City Council of the City of Virginia Beach, Virginia, on this -a-4~b day of December , 2010. APPROVED AS TO LEGAL SUFFICIENCY: ~r~ G City Attorney's Office CA11750 R-6 December 8, 2010 -55- Item V-K.1. b. ITEM # 60520 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AMEND the City Code: b. Section 23-57 and 18-56 re maintenance and license requirements for nail salons Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 14, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AN ORDINANCE TO AMEND SECTION 23-57 OF THE CITY CODE PERTAINING TO MAINTENANCE REQUIREMENTS FOR NAIL SALONS Section Amended: § 23-57 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-57 of the City Code is hereby amended and reordained to read as follows: Chapter 23 OFFENSES ARTICLE I. MISCELLANEOUS OFFENSES Sec. 23-57. Barbershops, beauty parlors, nail salons and barber and beauty culture schools; maintenance requirements, etc. (a) Floors in barbershops, beauty parlors, nail salons, barber schools or beauty culture schools shall be cleaned every day and all furniture, walls, woodwork and windows therein shall be kept clean and in good repair at all times. Each barbershop, beauty parlor, nail salon, barber school or beauty culture school shall be provided with a toilet and wash basins properly trapped and connected to an approved sewer system. Adequate soap, clean towels and toilet tissue shall be available at all times. All basins, sinks and toilets shall be kept in clean and in good repair at all times. The use of powder puffs and sponges is prohibited. No alum or other astringent shall be used in stick form in any barbershop, beauty parlor, nail salon, barber school or beauty culture school. If used therein to stop the flow of blood, it shall be applied in liquid or powdered form. (b) Terms used in this section shall have the meanings ascribed to them in section 18-56 of this Code. (c) Any person who shall violate any provision of this section shall be guilty of a Class 4 misdemeanor. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of December, 2010. 1 AN ORDINANCE TO AMEND SECTION 18-56 2 OF THE CITY CODE PERTAINING TO 3 LICENSE REQUIREMENTS FOR NAIL 4 SALONS 5 6 Section Amended: § 18-56 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 18-56 of the City Code is hereby amended and reordained to read 12 as follows: 13 14 Chapter 18 LICENSE CODE 15 .... 16 17 ARTICLE II. LICENSE TAX SCHEDULE 1$ 19 Sec. 18-56. Barbershops, beauty parlors, barber and beauty culture schools, a-+~d 20 tanning salons, and nail salons. 21 22 (a) For the purposes of this section, the following words and phrases shall be 23 construed as follows: 24 25 (1) Barbering or hairdressing: Any one or any combination of the 26 following acts, when done on the human body for pay or reward and not 27 for the treatment of disease: Shaving, shaping and trimming the beard; 28 cutting, curling, singeing, shampooing or dyeing the hair or applying 29 lotions thereto; or applications, treatments or massages of the face, neck 30 or scalp with oil, creams, lotions, cosmetics, antiseptics, powders, clays or 31 other preparations in connection with shaving, cutting or trimming the hair 32 or beard. 33 .... 34 35 (4) Nail Salon: Any commercial establishment, residence, vehicle or 36 other establishment, place or event wherein nail care is offered or 37 practiced on a regular basis for compensation. 38 39 .... 40 41 (c) The license tax rate for every person who shall conduct or operate a 42 beauty parlor, hairdressing establishment~e~ tanning salon or nail salon shall be 0.36 43 percent of gross receipts in such business during the preceding calendar year. A license 44 issued under this chapter pursuant to the payment of the license tax set out in this 45 subsection shall not authorize the teaching or instruction of beauty culture or 46 cosmetology. 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 (e) No license fora barbershop, beauty parlor, hairdressing establishment, e~ tanning salon or nail salon shall be issued or renewed under this chapter unless and until there is presented to the commissioner of the revenue a current permit from the director of public health for the operation of such business. The permit required by this section shall be issued on an annual basis upon payment of a fee in the amount of s thirty ($~~:-98 30.00) to the director of public health. The director of public health may suspend or revoke such permit upon the failure of the establishment or salon to comply with the Guidelines and Permitting Procedures adopted by the public health department. If the director of public health refuses to issue such permits suspends or revokes such permit, he shall notify the applicant, in writing, of his reasons therefor and the applicant may appeal such refusal to the city council within thirty (30) days from the date of such notice. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of December, 2010. -56- Item V-K.2. ITEM # 60521 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to DECLARE EXCESS City-owned property at 240 London Bridge Road and AUTHORIZE the City Manager to sell the property to Davcon Incorporated Voting: I1-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 14, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE DECLARING 3.213 ACRES OF CITY- OWNED PROPERTY LOCATED AT 240 LONDON BRIDGE ROAD (GPIN 1497-92-7550) TO BE IN EXCESS OF THE CITY'S NEEDS AND AUTHORIZING THE CITY MANAGER TO SELL THE PROPERTY TO DAVCON INCORPORATED WHEREAS, the City of Virginia Beach (the "City") is the owner of a parcel of land located at 240 London Bridge Road, more particularly described on Exhibit "A" attached hereto, and designated as "Parcel B" on the plat attached hereto as Exhibit "B" (the "Property"); WHEREAS, the City acquired a portion of the Property as residue from the London Bridge Road Improvements Project (the "Road Remnant"); the City acquired a portion of the Property as a result of the closure of Terrell Avenue, a paper street (the "Street Closure"), and the balance of the Property (approximately 1.97 acres or 61 % of the Property) was acquired pursuant to the APZ-1/Clear Zone Use and Acquisition Plan ( the "APZ-1 Purchase"); WHEREAS, the City funded the acquisition of the APZ-1 Purchase through a partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party contributing fifty percent (50%) of the purchase price; WHEREAS, the Property is in an area designated for non-residential-use in the APZ-1/Clear Zone Master Plan adopted by Council on April 1, 2008; WHEREAS, the APZ-1 Disposition Committee has recommended that City Council declare the Property to be in excess of the City's needs and sell the Property to Davcon Incorporated ("Davcon"); WHEREAS, Davcon will construct a new facility on the Property to prescribed standards acceptable to the City and for a use compatible with Section 1804 of the City Zoning Code; WHEREAS, Davcon will purchase the Property in accordance with the Summary of Terms attached hereto as Exhibit "C" and made a part hereof; WHEREAS, the City Council is of the opinion that the Property is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Property described on Exhibit "A" is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to execute any documents necessary to convey the Property to Davcon Incorporated, in substantial conformity with the Summary of Terms attached hereto as 47 Exhibit C and such other terms, conditions or modifications as are deemed necessary 48 and sufficient by the City Manager and in a form deemed satisfactory by the City 49 Attorney. 50 51 Further, that the revenue from the sale of the Property in the amount of 52 $311,920 shall be received and appropriated as follows: 53 54 1. $95,136 shall be appropriated to CIP #9-060, Oceana and Interfacility 55 Traffic Area Conformity and Acquisition, for the purpose of the City Manager directing 56 the distribution of the Commonwealth's portion. of_the proceeds of the sale of the APZ-1 57 Purchase in accordance with the partnership agreement; 58 2. $216,784 shall be appropriated to CIP #3-368, Various Site Acquisitions. ,_5~ 60 This ordinance shall be effective from the date of its adoption. 61 ~T . 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the 63 1 4th-day of pA~ember , 2010. 64 CA-11424 PREPARED: 12/1 /10 R-1 \\vbgov. com\dfsl \applicationslcitylawprod\cycom32\wpdocs\d025\p007\00057141.doc A PROVED AS TO CONTENT ,` ' lC~. onomic Developme t APPROVED AS TO LEGAL UFF CIENCY ~` ~~ ; 2~~~ Ca'ty °tt rney l APPROVED AS TO CONTENT ~.f Management Services THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL EXHIBIT "A" ALL THAT certain lot, piece, or parcel of land, with the improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "PARCEL B" on that certain subdivision plat entitled "RESUBDIVISION OF PROPERTIES OF CITY OF VIRGINIA BEACH LOCATED ON LONDON BRIDGE ROAD VIRGINIA BEACH, VIRGINIA" Scale: 1"=50' dated October 27, 2009, prepared by LandMark Design Group, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20091209001403470, to which reference is made for a more particular description. LESS AND EXCEPT all right, title and interest of the Grantor in and to any public road, public rights-of-way, or public easements adjacent to the above-referenced property. SUBJECT TO that certain "Ingress/Egress Easement" as defined and as more particularly described in that certain Declaration dated December 8, 2009, recorded in the aforesaid Clerk's Office as Instrument No. 20091209001403480. IT BEING a portion of the same property conveyed to the Grantor by deed from Tommy L. McMillan and Marie A. McMillan dated December 19, 1995 and recorded in the aforesaid Clerk's Office in Deed Book 3570, at page 871. IT ALSO BEING a portion of the same property conveyed to the Grantor by Certificate dated November 27, 2001 from London Bridge Mobile Homes, recorded in the aforesaid Clerk's Office in Deed Book 4575, at page 673, and by Order dated June 6, 2002, and recorded in Deed Book 4711, at page 822. IT ALSO BEING the same property conveyed to the Grantor by deed from Richard S. Harris dated March 5, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20080310000267300. IT ALSO BEING a portion of the same property conveyed to the Grantor by Certificate dated October 23, 2000 from Gennaro Fiore and Susa S. Fiore, recorded in the aforesaid Clerk's Office in Deed Book 4328, at page 660, and by Order Dismissing Suit and Disbursing Funds dated May 28, 2003, and recorded as Instrument No. 200406020085707. IT ALSO BEING the same property conveyed to the Grantor by deed from James E. Pulliam and Margaret T. Pulliam dated May 16, 2007 and recorded in the aforesaid Clerk's Office as Instrument No. 20070525000713080 IT ALSO BEING a portion of the same property conveyed to the Grantor by Certificate dated December 26, 2000 from Bertha Lee Bartel, recorded in the aforesaid Clerk's Office in Deed Book 4348, at page 1, and by Order Vesting Title and Disbursing Funds dated May 7, 2007, and recorded as Instrument Number 20070508000629320. IT ALSO BEING a portion of the same property conveyed to the Grantor by deed from Robert L. Widgeon a/k/a Robert L. Wedgeon, dated October 26, 2007 and recorded in the aforesaid Clerk's Office as Instrument No. 20071026001451680. IT ALSO BEING a portion of the same property conveyed to the Grantor by deed from L.B.H., L.L.C., a Virginia limited liability company, dated May 1, 2007, and recorded in the aforesaid Clerk's Office as Instrument No. 20070510000640150. EXHIBIT "B" P\y3 \(E~~' EMG URGE OF E GOORO\NP aEFE~ 513. SD P1AH 3 NPR 'T\ONS TI£MER\GN $1PT jg63c~ V~P E V\R NAO N TRO 3~ t~ ~R~iN PR~SA ANO N IPF / / $~ IPF III IPF j / IPF PF / \~ m \$ PF / o\ / / / \N. / / Of SGgEW ~ pGP~6 M0 i6 / } ~$ g2'ER~~ 69 G ,q9T FORMVS P\NW OR 9. ~P 1\2, NlF /y NO Rf,17'14PPG ~6~ IPF F 969N'\\ r pe Me }9ASry~ /0/ 92' R~ } \Aq'IfORMPNO 6,`~ ry0`AF f, ~ GNp.N ~a'tJ \~N3 om c~16} 5606 tY\ N PG ~6 Pp96g94 PG NLF AL 68 De 7 } - CIPS ' op M.0 IPFO m0. imp ~1 BOUNDARY UNE \ ~ pm~y~ AS PER MB 34 PG 16 ` ~6 V, s/ 4\ ms4~ x-m /\\ PF ~ ` N \'o q2,~p~~ T< `pA m / g}O\ ~ CIPS o ~~ ,p9T ORM PZ CE m }6 0 6 G ~p G~ EWj ~\pl ~~ CIP5~0} IPF \62 .. ~~~ \IPF PNO M70o pGO9A CIPS 2952'4,45 f' ~. vy0 Z PROPERTY LINE SZ' T6 SOT o p ~ / O ry6 PG \ \ NGO ~ryp94?G ~ GP aW ~f'f"~, } / 0 2 3 95 y 0`309 p0l 00.MER~ °m. IPF 2 f R ` 02 0 71 /p0T DORM PNO j PNgER1 X60 OR GP\N NO cRPG J RO ON 4'I S JS a GP oW H~ WPGO GIPS ~ROO~; P~ 4"I \ N ~\.1N 3y0 PPG j6 OPV'. 00 Me }A O ry \NSj- MU 2 7 OP' ~99"SB 0 imp v; f ~c ~p G.ry ry0} ~ \49~FpRMER GRPN60 ,, b x j ~ 6 ~ IPF Gp~ W OR NEE~F.S}349 Sti O }4' f.~BOVNOAItY UNE N~N~ -1o3\p~ 4T p CIPS X41. w6 A$ PER \ W.1 2G0 23 IPF ry6 MB 34 PG 16 \\N`' M0 i`ONm :~ ~. IPF.~~, CIPS O INTERIOR UNES ~ HEREBY VAG4TED, ttP. CIPS I PROPERTY UNE ~ HEREBY VACATED, TYP. GPIN 1497-92-7550 PARCEL B PROPERTY UNE 139,960 SQUARE FEET HEREBY ESTABUSHED OR 3.213 ACRES 6 memo w~Z N 69}~ T ~9~MCR\'~ n ~Z pOpO \49 f0 NO G O G~5 p , Op p ~ N W b 92 M qp0 4~ S 4 K Zp00O ~ \ \\N`'S. Mg 2 5 i 9}9 g1~Tµ\l 49T FORME SON 60 Gp\N FOR ~PGK qT0 \N~U M0 3a 00W C0a 6~o'I 4 \ 6q { \ 9~ fORME.R PNO IPF GNAW 00 GOfPR\ p6~4S0 y\MP.RNf-'~ G3~ 4T \N51' 2M9 2} 3 964 \ 9\~ER~' `49" FORM IPF GN0.11 Oar OgEPG 56. \ to R e 13 PfG a'17 \M 1 GPIN 1497-92-7135 PARCEL A 97,057 SQUARE FEET OR 2.228 ACRES 40' x 75' INGRESS/EGRESS EASEMEi ' p S HEREBY .Sm iL SG A VACATED, qA N00 S IPF }Sq 7\ g - m 1515'16'231V L FOR THE BENEFR OF PARCEL AREA=3,000 SQUARE FEET OR 0 069 ACRES m - TYP b AQ n P \ ~ - TO AZ INTERIOR LINES ~ a HERERY VACATED TYP. ~ 40 00' ~ . INSTR. N0. f. m 1 p `~ZL'" wm IPF ,i ` tiE , ~ NC ~ pIPF , mmc~ ~P W 0 ~ S,iG RIGHT-OF-WAY LINE EREBY ESTABLISHED N f ,n_ _ - of ,°n ~ IPF 16.49 y 95 SEE DETAIL SHEET 4 IPFO - ~ ~ r ' ... f, IPF CIz .-., ' 154.72' MDNF CIPS u, o.~,.--._ 28.85' 1- _ 273.17' ___--- 40_89' ______ ____220.58' --- -40.00' I. 270.00' ___ J - (DAl),oA S7I CIPS MDNF ~ Nt5'16'23"E MONNIN ~1~NUrvr 644.64 OAL J N 3 472 823.26 °11 ~ ,nl ~ 12.199.699.15 1' NO INGRESS/EGRESS EASEMEM N\ m.\N. ,., HEREBY ESTABLISHED pl ~ ^Is ANTCFi1E - 8EE BFffF 3 OF 4 TH' UNDERSIGNED CERTIFY THAT THE SUBDMSION AS R APPEARS ON THIS PUT, CONFORMS TO THE APPLICABLE REGUUTIONS RELATING TO THE SUBDMSION OF U1ND ANU IS ACCORDINGLY APPROVED. BY SUCH APPROVAL, THE UNDERSIGNED DO NOT CERTIFY AS ~0 THE CORRECTNESS OF THE BOUNOMY, SIAEET OR OTHER LINES SHOWN ON THIS PLOT. APPROVED: / ~ DATE' Y/ s4 P NING DIRECT LIT'Y OF VIRGINU BEACH, VIRGINIA AaPROVrD: ~. DATE: ~~ 23.Oy TOR OF PUBLIC WORKS, FA C OF NRGINIA BEACH, VIRGINIA L01DON BIOLiE ROAD VARIABLE WIDTH RIGHT-OF-WAY (MB 277 PG 55)(MB 280 PC 32) (MB 285 PG 31)(MB 286 PG 20) (MB 287 PG 53)(MB 288 PG 54) (MB 291 PG 50) (MB 295 PG 11) (INST. 200J10150167381) GRAPHIC SCALE 50~ ( IIl FSLrI' ) 1 inch = 60 }L 1' NO - 4ePLTH fyp J' QjL~y9~, C 3. PA'1'1~.SOM Lie. No. 002!12 ~~ LO'B / ~1ry o 0 3U6V6"T SHEET 2 CIF 4 PROTECT N0. 2008059-002.0 SEE SHEET 1 OF 4 FOR DRAWING N0. 32367 B NOTES PND CERTIFlCATES CAD FILE TIDEWATER_DWG RESUBDIVISION of PROPERTIES OF CITY OF VIRGINIA BEACH LOCATED ON LONDON BRIDGE ROAD VIRGINIA BEACH, VIRGINIA OCTOBER 2]. 2009 SCALE: 1"=50' ~~J'~I One Columbus Center - Sulte 1100 I a~ ...I~ I U ` Virginia Beccb, VA 2346_ L iA Y LI. Y , Tel. (757) s7J-2000 Fax (757) 497-7933 1/Itlg0Ae0rm 1B'IlYOwr~lCa~b6 Email: Imtlg®landmarktlg cam EXHIBIT "C" SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 240 LONDON BRIDGE ROAD SELLER: City of Virginia Beach PURCHASER: Davcon Incorporated, a Virginia corporation PROPERTY: 240 London Bridge Road, GPIN: 1497-92-7550 SALE PRICE: $311,920 ($190,271 for the portion purchased by the APZ-1 Program which shall be divided equally between the City and the Commonwealth of Virginia; $121,649 to be retained solely by the City) CONDITIONS OF SALE • The Buyer shall construct a 10,000 square foot facility; • The Buyer shall submit a site plan for review and approval by the Planning Department prior to settlement; • The City retains a right to repurchase the property, less the deposit, if Buyer does not construct within 24 months of settlement; • The Buyer will conform to restrictive covenants and design criteria regarding use, construction, materials, signage, parking, and landscaping. -57- Item V-K.3. ITEM # 60522 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to RELEASE an easement encumbering City-owned property utilized by the Parks and Recreation Department at 2150 and 2289/2293 Lynnhaven Parkway and TRANSFER the easement to the Lake Lawson and Lake Smith natural area to restrict the site to a public park and recreational purposes in perpetuity. Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None December 14, 2010 1 AN ORDINANCE TO RELEASE AN EASEMENT ENCUMBERING 2 CITY-OWNED PROPERTY UTILIZED BY THE PARKS AND 3 RECREATION DEPARTMENT AND LOCATED AT 2150 AND 4 2289/2293 LYNNHAVEN PARKWAY (GPINS 1475-65-8165 AND 5 1475-35-2438) AND TO TRANSFER THE EASEMENT TO THE 5 LAKE LAWSON AND LAKE SMITH NATURAL AREA IN ORDER 7 TO RESTRICT THE SITE TO PUBLIC PARK AND s RECREATIONAL PURPOSES IN PERPETUITY 9 to WHEREAS, the City of Virginia Beach (the "City") is the owner of two 11 parcels of land located at 2150 and 2289/2293 Lynnhaven Parkway in the City of 12 Virginia Beach, Virginia (the "Lynnhaven Sites"), as more particularly described on 13 Exhibit "A" attached hereto and incorporated herein; 14 15 WHEREAS, the Lynnhaven Sites are. encumbered with an easement 16 restricting their use to public park and recreational uses (the "Restrictive Easement"); 17 1$ WHEREAS, the Restrictive Easement was placed on the Lynnhaven 19 Sites at the time the properties were conveyed to the City by the United States; 20 21 WHEREAS, the City is also the owner of the parcels of land which 22 comprise the Lake Lawson and Lake Smith Natural Area in the City of Virginia Beach, 23 Virginia (the "Natural Area"), as more particularly described on Exhibit "B" attached 24 hereto and incorporated herein; 25 26 WHEREAS, the National Park Service has a land exchange program 27 through which restrictive easements held by the United States may be transferred to 2 s other property as long as the park and recreational use is maintained or enhanced, and 29 provided that the replacement site is of equal or greater value; 30 31 WHEREAS, the City has submitted a request with the National Park 32 Service to transfer the Restrictive Easement from the Lynnhaven Sites to the Natural 3 3 Area; 34 35 WHEREAS, the transfer of the Restrictive Easement to the Natural Area 36 will enhance the parks and recreational opportunities for the City's citizens; 37 3s WHEREAS, the value of the Natural Area exceeds that of the Lynnhaven 3 9 Sites; 40 41 WHEREAS, the City Council finds that the Restrictive Easement over the 42 Lynnhaven Sites should be released and transferred to the Natural Area, and thus 43 supports the request made to the National Park Service to accomplish same. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 46 CITY OF VIRGINIA BEACH, VIRGINIA: 47 4 s That the City Manager is hereby authorized to execute any documents 49 necessary so that the United States of America, acting by and through the National 50 51 52 53 54 55 56 57 58 Park Service, may release the Restrictive Easement over the Lynnhaven Sites and transfer the easement to the Natural Area, and the City may set such other terms, conditions or modifications as are deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 4t}~ay of l~Pt~PmhPr , 2010. R-1 12/3/2010 CA11674 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d029\p009\00081348.doc \ VED S T C TENT lic W rks APPROVED AS TO LEGAL SUFFICIENCY ~~rr l~ Cit Attb n y's ffice APPROVED AS TO CONTENT C"~~i' Par~s'an n THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL EXHIBIT "A" 2150 Lynnhaven Parkway GPIN: 1475-65-8165 ALL THAT certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying being and situated in the City of Virginia Beach, Virginia and described as "TRACT A-101-1 D.B. 997 PG. 278 GPIN 1475-65-8165" and further described as "RESIDUAL TRACT A-101-1:556,592 SQ. FT. OR 12.77759 AC." as shown on that certain boundary survey entitled, "BOUNDARY SURVEY OF TRACT A-101-1 (D.B. 997 PG. 278) OWNED BY CITY OF VIRGINIA BEACH, VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated September 17, 2008, prepared by Survey Bureau, Engineering Division, Department of Public Works, City of Virginia Beach and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20081029001256370, to which reference is made for a more particular description. IT BEING the same property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, by deed from the United States of America recorded on March 1, 1967 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 997, at page 278. 2289 / 2293 Lynnhaven Parkway GPIN: 1475-35-2438 ALL THAT certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying being and situated in the City of Virginia Beach, Virginia and described as "TRACT A-100-1 D.B. 997 PG. 278 D.B. 1796 PG. 88 M.B. 207 PG. 4 M.B. 37 PG. 45 GPIN 1475-35-2438" and further described as RESIDUAL TRACT A-1001: 338,512 SQ. FT. OR 7.77117 AC." as shown on that certain boundary survey entitled, "BOUNDARY SURVEY OF TRACT A-100-1 (D.B. 1796 PG. 88) OWNED BY CITY OF VIRGINIA BEACH, VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated September 17, 2008, prepared by Survey Bureau, Engineering Division, Department of Public Works, City of Virginia Beach and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20081203001376510, to which reference is made for a more particular description. 1 IT BEING the same property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, by deed from the United States of America recorded on June 28, 1978 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1796, at page 88. 2 EXHIBIT "B" Replacement Site I. Lake Lawson Phase II (South Parcel) GPINs: 1469-50-7842, 1469-50-8782, 1469-50-2550 & 1469-40-9619 (formerly part of GPIN: 1469-40-8776): ALL those certain parcels of property (the "Property") described as "Parcel D- 2", "Parcel D-3", `Parcel D-4" and "Parcel E" on that certain plat (the "Subdivision Plat") entitled "PLAT SHOWING SUBDIVISION OF PROPERTY AT LAKE LAWSON BEING PROPERTY OF CITY OF NORFOLK D.B. 51, PG. 10 AND D.B 118, PG. 249 VIRGINIA BEACH, VIRGINIA" dated October 31, 2008, prepared by Patton Harris Rust & Associates, Inc., and recorded in the Clerk's Office for the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20091028001261050. TOGETHER WITH an ingress/egress easement, more particularly shown as " 20' Ingress/Egress Easement Hereby Established For The Benefit of Parcel E and City of Virginia Beach Parcel B (Area =16,579 sq. ft.)," as shown on the Subdivision Plat. IT BEING the same property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, by deed from the City of Norfolk, a municipal corporation of the Commonwealth of Virginia, dated October 14, 2009 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20091029001263490. Replacement Site II. Lake Lawson Phase II -Hodgman Parcel (South Parcel) GPIN: 1469-50-3783 ALL THAT certain lot, piece or parcel of land, situated in the City of Virginia Beach, Virginia, containing approximately 2.91 acres, as shown that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM NANCY H. HODGMAN BY THE CITY OF VIRGINIA BEACH CIP 4-004, VIRGINIA BEACH, VIRGINIA", dated November 8, 2007, by Patton Harris Rust & Associates, Inc., Engineers, Surveyors, Planners, duly recorded in the Clerk's Office of the City of Virginia Beach, Virginia as Instrument Number 20080425000474880 to which reference is made for a more particular description. IT BEING the same property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, by deed from Nancy H. Hodgman dated April 24, 2008 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20080506000522600. 3 Replacement Site III. Lake Smith Fishing Station (North Parcel) GPIN: 1469-52-9638, et als. All those certain lots, tracts or parcels of land together with improvements, appurtenances and easements benefiting the property thereon belonging, lying and being in the City of Virginia Beach, Virginia and designated and described as follows: GPIN:1469-52-6433 Lot 27, Block 2, Lakeside, and GPIN: 1469-52-5486 Lots 23- 26, Block 2, Lakeside, as shown on EXHIBIT B, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument No.: 20060522000771400; GPIN:1469-52-7421 Lots 30-31, Block 2, Lakeside, as shown on EXHIBIT C, recorded in the aforesaid Clerk's office as Instrument No.: 20060522000771410; GPIN:1469-52-6306 Lots 12-20, Block 2, Lakeside, as shown on EXHIBIT D, recorded in the aforesaid Clerk's Office as Instrument No.: 20060522000771420; GPIN:1469-52-4486 Lots 9-10, Block 2, Lakeside, as shown on EXHIBIT E, recorded in the aforesaid Clerk's Office as Instrument No.: 20060522000771380; GPIN:1469-52-5130 Lot 20, Block 3, Lakeside; GPIN: 1469-52-3280 Lots 1-19, Block 3, Lakeside; and GPIN 1469-52-4277 Lots 21-32, Block 3, Lakeside, as shown on EXHIBIT F, recorded in the aforesaid Clerk's Office as Instrument No.: 20060522000771390; GPIN 1469-52-9638 PARCEL A, as shown on Sheet 2 of EXHIBIT G, which includes the following GPINS: GPIN: 1469-52-6682, GPIN: 1469-52-6774, GPIN: 1469-52-6700, GPIN: 1469-52-7592, GPIN: 1469-52-8438, GPIN: 1469-52-8456, GPIN: 1469-52-9684, all recorded in the aforesaid Clerk's Office as Instrumenet No.: 20060522000771350 GPIN 1469-52-7035 PARCEL B, as shown on Sheet 2 and 3 of EXHIBIT G, which includes portions of properties with the following GPINS: GPIN: 1469-62-7111 and GPIN: 1469-51-3556, recorded in the aforesaid Clerk's Office as Instrument No.: 20060522000771350. LESS AND EXCEPT riparian interest to and in Lake Smith, if any, appurtenant to the Property. IT BEING the same property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, by deed from the City of Norfolk, a municipal corporation of the Commonwealth of Virginia, dated June 29, 2006 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20060506000522600. 4 GPIN: 1469-52-5403 All that certain lot, tract or parcel of land together with the improvements thereon, situate, lying and being in the City of Virginia Beach (formerly Princess Anne County), Virginia, designated and described as Lot 11, Block 2, as shown on the plat of W.W. Silvesters Lakeside Property in Virginia Beach and 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 3, page 171. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Lauren Peyton Bell (A/K/A Lauren Peyton), Karen E. Peyton (A/K/A Karen Lawrence), and Walter B. Peyton, Jr., Heirs of Miriam A. Peyton dated November 20, 2008 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20081120001335970. GPIN: 1469-52-7336 ALL THAT certain lot piece or parcel of land with the buildings and improvements thereon, situate, lying and being in the City of Virginia, Virginia, being known, numbered and designated as Lot Number Thirty-two (32), in Block Two (2), on a certain plan of W.W. Silvester's Property known as "Lakeside" 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 3, page 171; LESS AND EXCEPT property conveyed to the City of Virginia Beach for street and highway purposes in Deed Book 2399, at page 2111. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Francis E. Haley, Jr., Inc., a Virginia corporation dated May 19, 2008 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20080619000727770. 5 Replacement Site IV. Lake Lawson Phase I (West Parcel) GPINs: 1469-31-8348 & 1469-31-9048 ALL those certain lots, tracts or parcels of land together with improvements, appurtenances and easements benefiting the property thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "Parcel A - 1469-31-8348," and "Parcel B - 1469-31-9048," all as shown on that certain plat entitled, "Amended Plat Showing Subdivision of Property At Lake Lawson, Map Book 6, Page 193, for the City of Norfolk," prepared by the Survey Bureau, Engineering Division, Department of Public .Works, City of Virginia Beach, dated November 1, 2004 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach on December 13, 2004, as Instrument Number 200412130195326. LESS AND EXCEPT riparian interest to and in Lake Lawson, if any, appurtenant to Parcel A and Parcel B. IT BEING the same property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, by deed from the City of Norfolk, a municipal corporation of the Commonwealth of Virginia, dated December 30, 2004 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20050208001475. 6 -58- Item V-K.4. ITEM # 60523 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE acquisition of property in fee simple and temporary and permanent easements, either by agreement or condemnation, for the right-of--way of Laskin Road Gateway Phase 1-A, Phase III. Voting.• 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None December 14, 2010 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY 3 FOR LASKIN ROAD GATEWAY PHASE I-A PROJECT 4 (CIP 2-143) • PHASE III, AND THE ACQUISITION OF s TEMPORARY AND PERMANENT EASEMENTS, 6 EITHER BY AGREEMENT OR CONDEMNATION e WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 9 public necessity exists for the construction of this important roadway project to improve to transportation within the City and for other related public purposes for the preservation of 11 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 12 people in the City of Virginia Beach. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF is VIRGINIA BEACH, VIRGINIA: 16 17 Section 1. That the City Council authorizes the acquisition by purchase or is condemnation pursuant to Sections 15.2-1901, et sew., Sections 33.1-89, et sew., and Title 19 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 20 simple, including temporary and permanent easements and entire tracts upon which such 21 rights of way or easements shall be located, within the limitations and conditions of Section 22 33.1-91 of the Code of Virginia of 1950, as amended (the "Property"), from those parcels 23 identified on Exhibit A attached hereto and made a part hereof as more particularly shown 24 (i)on the plans entitled "LASKIN ROAD GATEWAY PHASE I-A •CIP 2-143 • PHASE III - 2s 31ST STREET (LASKIN ROAD) ROADWAY AND UTILITY IMPROVEMENTS" and (ii) on 26 the acquisition plat for parcel No. 4 for the undergrounding of utilities in connection with 27 Phase III of Phase 1-A (collectively, the "Project")and more specifically described on the 2s acquisition plats for the parcels identified on Exhibit A and corresponding plans for the 29 Project (plats and plans collectively referred to as the "Plans"), the Plans being on file in 3o the Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 31 32 Section 2. That the City Manager is hereby authorized to make or cause to be 33 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 34 reasonable offer to the owners or persons having an interest in the parcels identified on 35 Exhibit A. If refused, the City Attorney is hereby authorized to institute proceedings to 36 condemn said property and easements needed from the parcels identified on Exhibit A. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of 39 DPI-PmhPr 2010• PREPARED: 12/3/2010 CA11672 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d029\p009\00081454.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~l'1 /~1„ AND FORM PUBLIC 1GVORKS/REAL ESTATE CITY ATTORNEY EXHIBIT A PARCELS AFFECTED OWNER/GPIN Parcel 4 Cherry Motel Inc. GPIN: 2428-01-0308 Parcel 8 Harris Teeter Properties LLC GPIN: 2418-90-7941 Parcel 21 M & M Beach Investments LLC (RBC Centura Bank) GPIN: 2428-01--2948 Parcel 26 Six General Corporation (Papa John's Pizza) GPIN: 2418-91-8994 Parcel 32 Elk Investments, LLC GPIN: 2418-92-6178 Parcel 43 Bank of Virginia Beach (Bank of America NA) GPIN: 2428-02-3276 Parcel 51 Runnymede Corporation GPIN: 2418-92-8642 Condemnation is not authorized to acquire property or easements from any parcel not listed above. a v m a Q m m c a 0 gq~\ ___!Cq W o ~ ~ ~~~ -D- - r. ~~ `~' to 2il ~I x ------- a _ ~ ---- - ~~'~ + o 1 ~ ~ i~ D N ~ r r. m I - m z ~ I 0 D ~ ~ _ O ~, ~' r . ~ sn~~ ~ ' N o o 0 ~ O "~ sy N ~ ~ jcD QO ~ ~ ~ ~ ~ Z -wDa~ ~ `° W ~ D 0 ~ ~ 0 .~ o ~ K 3 0 -n ~ c~ v ~ x a iv, o r. __ , ~ o _~ ~ z 2 r ~ ~ . ~ ~ PACIFIC AV ~' ^~ _ I ~l _ ATLANTIC AV ~' II ~R NECK RD y ;~ z ~ y m z ti m i ~~ O ~~ I` _.~.= 4 Q ARCTIC AV ~W N ~~ ~ w w ~v o ~ cn ((~ OD l L N mm n ~,, m D M -59- Item V-K. S. ITEM # 60524 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the major design features and acquisition of temporary and permanent easements, either by agreement or condemnation, for Wesleyan Drive Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 14, 2010 1 AN ORDINANCE APPROVING THE MAJOR 2 DESIGN FEATURES FOR THE WESLEYAN DRIVE 3 PROJECT, CIP 2-145, AND AUTHORIZING THE 4 ACQUISITION OF ALL NECESSARY RIGHT-OF- 5 WAY AND TEMPORARY AND PERMANENT 6 EASEMENTS, EITHER BY AGREEMENT OR ~ CONDEMNATION FOR THAT PROJECT 8 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a to public necessity exists for the construction of this important roadway project to improve 11 transportation within the City and for other related public purposes for the preservation 12 of the safety, health, peace, good order, comfort, convenience, and for the welfare of 13 the people in the City of Virginia Beach; 14 15 WHERAS, a Design Public Hearing was conducted on May 26, 2010, ("Public 16 Hearing") in the City of Virginia Beach by representatives of the City of Virginia Beach 17 after due and proper notice for the purposes of considering the proposed design of is WESLEYAN DRIVE IMPROVEMENTS (CIP 2-145) (VDOT Project:U000-122-140, 19 P101, R201, C501 UPC 52147 (Norfolk) and 0000-134-159, P101, R201, C501, UPC 20 52148 (Virginia Beach)), (the "Project"), in the Cities of Norfolk and Virginia Beach, at 21 which time drawings and other pertinent information were made available for public 22 inspection in accordance with state and federal requirements; 23 24 WHEREAS, all persons and parties in attendance were afforded full opportunity 25 to participate in said Public Hearing; 26 27 WHEREAS, representatives of the City of Virginia Beach were present and 28 participated in said Public Hearing; and 29 3o WHEREAS, this Project is included in the Urban Construction Initiative (UCI) 31 program; and 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 1. The major design features of WESLEYAN DRIVE IMPROVEMENTS (CIP 37 2-145) (VDOT Project: 0000-122-140, P101, R201, C501 UPC 52147 (Norfolk) and 38 0000-134-159, P101, R201, C501, UPC 52148 (Virginia Beach)) as presented at the 39 Public Hearing conducted on May 26, 2010, are hereby approved. 40 41 2. That the City Council authorizes the acquisition by purchase or 42 condemnation of all that certain real property in fee simple, including temporary and 43 permanent easements and entire tracts upon which such rights-of-way or easements 44 shall be located, within the limitations and conditions of Section 33.1-91 of the Code of 45 Virginia of 1950, as amended (collectively, the "Property"), as shown on the plans 46 entitled WESLEYAN DRIVE IMPROVEMENTS (CIP 2-145) (VDOT Project: 0000-122- 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 140, P101, R201, C501 UPC 52147 (Norfolk) and 0000-134-159, P101, R201, C501, UPC 52148 (Virginia Beach)) (the "Project") and more specifically described on the acquisition plats for the Project (plats and plans collectively referred to as the "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, 3. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to institute proceedings to condemn said Property. 4. That the Director of Public Works is hereby authorized to execute on behalf of the City of Virginia Beach, all the necessary utility agreements required in conjunction with acquiring such rights-of-way. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 d+.~_ day of December , 2010. APPROVED AS TO CONTENT UN"_ De artm t f Public Works APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~.A - r l' City Attorney's Office CA11660 \\vbgov.com\DFS 1 Wpplications\CityLawProd\cycom32\W pdocs\D010\P009\00079625.DOC R-1 December 2, 2010 ~ ~ :~ I ~ ~0~ '•~ ,~o .~~~p. ~e I c wES Sq 1 C yAN ~R ~` SATE ~~ ~~ `q~ `,~ ~ ~~. o ~, `~ oR~M`~ I G BU RTO ,. I ~sT ` a/ qT~~~ 0 a ~ ~~_ N~ ~ a PRp•:G~ ~+~ ~~ o E ~ ~ ~~ / ~ S r ~ p ~' n p~ p '~ ~ ~o ~ SHELL-RD ~o 0 ®9~~~ a o~ a t ~® -~ °~~ ~. ~ ~ ~o a p98 ~ ~~ l~ ~ ~^ ~,~ ~ ~ C~fl~p ~ • o ~~~ 02~ ~po~~~e~~ Q~ o ~ ~ ~i a ~,a~ aQ"~ ~ ~ 8 Q 2 cN~ ~ ~Q ~ ~ c c ~~ d~oo ~~ ~ ~ o oo~ ~ , ~ ~ ~~ ~ ~RD ~ °oo ~~ ~~~ofl PN-~NO ~~ o ~~'v o~o.,~.oa ti., o~ni iFn„ iGn~ Rnnnnrt Garvices Bureau 12/02/2010 X:\Projects\ARC Files\AGENDA MAPS\SPREAD\Wesleyan Dr\Wesleyan Dr.mxd -60- Item V-K.6. ITEM # 60525 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Glenn A., Donald N. and Kenneth W. Baum in the amount of $374, 914 at Baum Road and Crags Causeway. DISTRICT 7 -PRINCESS ANNE Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 14, 2010 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $374,914 (Glenn A. Baum, Donald N. Baum and Kenneth W. 6 Baum) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of the material terms of which is hereto attached, and a true copy of 13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined in the Installment Purchase Agreement) on certain property located in the City 15 and more fully described in Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $374,914; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions ofthe 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 3.230% per annum or 35 the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 6.230% unless the approval of the City Council by 38 resolution duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 Adoption requires an affirmative vote of a majority of all members of the City 62 Council. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on this ~ 4th day of 65 December , 2010. CA11665 pplications\CityLawProd\cycom32\Wpdocs\D017\P010\00080360.DOC R-1 DATE: November 19, 2010 APPROVED AS TO CONTENT 0 Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: 1 /~ ~ ~ Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2010-110 SUMMARY OF MATERIAL TERMS SELLER: BAUM, Glenn A., BAUM, Donald N., and BAUM, Kenneth W. PROPERTY LOCATION: Southwest corner of Baum Road and Crags Causeway PURCHASE PRICE: $374,914 EASEMENT AREA: 60.47 acres, more or less DEVELOPMENT POTENTIAL: 6single-family dwelling sites (6 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.230% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.230% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. N O .~ w ^~ ~L/ U d' O I C~ N ~A c~ ~~ ~..-~ , , ~ r--.. '~ c~ O -61- Item V-K. 7. ITEM # 60526 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to EXECUTE a three (3) year Lease with JUTTA LEMIESZEK (dba Jutta's Candles and Gijts) for Space #30 at the Virginia Beach Farmers Market Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 14, 2010 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3-YEAR LEASE WITH 3 JUTTA LEMIESZEK (D/B/A JUTTA'S CANDLES AND 4 GIFTS) FOR SPACE #30 IN THE VIRGINIA BEACH 5 FARMERS MARKET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of 8 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 9 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 10 11 WHEREAS, Jutta Lemieszek (d/b/a Jutta's Candles and Gifts) is a new tenant 12 and would like to enter into a formal lease arrangement with the City for Space #30 in 13 the Farmers Market (the "Premises"); 14 15 WHEREAS, the Premises will be utilized as a retail establishment selling wood 16 crafts, candles, handcrafted signs and yard art, soy candles, reeds and scented oils, 17 Americana-styled plaques, gift baskets, magnets and other handmade crafted items, 18 and for no other purpose; 19 20 WHEREAS, Jutta Lemieszek has agreed to pay the City $456 per month 21 ($5,472 per year) for the use of the Premises for the first year of the term, with annual 22 rent increases equal to five (5) percent; 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for a term of three 28 (3) years between Jutta Lemieszek (d/b/a Jutta's Candles and Gifts) and the City for the 29 Premises in accordance with the Summary of Terms attached hereto and made a part 30 hereof, and such other terms, conditions or modifications as may be acceptable to the 31 City Manager and in a form deemed satisfactory by the City Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of 34 December, 2010. APPROVED AS TO LEGAL SUFFICIENCY AND FORM -~ ~~~~' ~~ City Attorn APPROVED AS TO CONTENT t Department of Agriculture CA11664 V :\applications\citylawprod\cycom32\W pdocs\D025\P004\00007364. DOC R-1 December 3, 2010 SUMMARY OF TERMS LEASE FOR SPACE #30 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Jutta Lemieszek (d/b/a Jutta's Candles and Gifts) PREMISES: Space #30 TERM: 36 months: December 1, 2010 -November 30, 2013 RENT: Year Monthl Rent Annual Rent 1 $ 456 $ 5,472 2 $ 479 $ 5,748 3 $ 503 $ 6,036 RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the retail sale of wood crafts, candles, handcrafted signs and yard art, soy candles, reeds and scented oils, Americana-styled plaques, gift baskets, magnets and other handmade crafted items, and for no other purpose; • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not less than $500,000 combined single limits per occurrence. • Keep Premises open from 10:00 a.m. to 5:00 p.m. Mondays through Saturdays, and from 12:00 p.m. to 5:00 p.m. on Sundays. Lessee will always be closed on Mondays. Lessee will also be closed on Tuesdays during the months of January and February. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water and sewer. • Provide electrical service unless Lessee has its own account with Dominion Virginia Power. TERMINATION: • After 18 months, either party may terminate by providing the other party sixty (60) days' notice. • City also has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. -62- Item V-K.8. ORDINANCES/RESOLUTIONS ITEM # 60527 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to ACCEPT and APPROPRIATE $7,515 from the Virginia Department of Motor Vehicles (DMV) to the FY 2010-I1 Operating Budget of Animal Control with the Police Department to help offset the cost of sterilization programs for dogs and cats Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 14, 2010 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES 3 TO SUPPORT STERILIZATION PROGRAMS FOR DOGS 4 AND CATS 5 6 WHEREAS, the City of Virginia Beach previously received funding from the Virginia 7 Department of Motor Vehicles ("DMV") for participation in the selling of special license 8 plates program and donated the funds to the local SPCA; and 9 10 WHEREAS, the City became eligible to retain these funds beginning in FY 2010-11 11 by offering spay and neuter services for animals at the City operating shelter. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That $7,515 is hereby accepted from the DMV and appropriated, with estimated 17 revenues from DMV increased accordingly, to the FY 2010-11 Operating Budget of Animal 18 Control, within the Police Department for the purpose of offsetting costs associated with 19 spay and neutering services being provided. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of December 2010. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ l °~ 1 Management Services Cit y' ice - ~. CA11760 R-2 December 1, 2010 -63- Item V-K.9. ORDINANCES/RESOLUTIONS ITEM # 60528 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property for Keith P. Carl to construct and maintain an existing fence, fixed pier and gravel walking path at the rear of 4824 Lake Bradford Lane. The following conditions shall be required: 1. The Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia, the City of Virginia Beach and in accordance with the City's specifications and approval 2. Providing, however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. 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. 4. It is further expressly understood and agreed that the Grantee shall indemn~, hold harmless and defend 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 construction, location or existence of the Temporary Encroachment. S. 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. 6. 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. 7. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). December 14, 2010 -64- Item V-K.9. ORDINANCES/RESOLUTIONS ITEM # 60528 (Continued) 8. 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 construction, location and/or existence of the Temporary Encroachment. 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. It is further expressly understood and agreed that this Encroachment Agreement is conditioned upon Grantee moving the frame shed shown on the Exhibit A so that complies with the City Zoning Code's requirement that accessory structures of less than 100 square feet must be five (5) feet from the property line. 11. 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 0100.00) 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. December 14, 2010 -65- Item V-K.9. ORDINANCES/RESOLUTIONS ITEM # 60528 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 14, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY KNOWN AS LAKE BRADFORD AND A PORTION OF THE 100' BORDER OF LAND OWNED BY THE CITY AROUND LAKE BRADFORD, LOCATED AT THE REAR OF 4824 LAKE BRADFORD LANE FOR PROPERTY OWNER KEITH P. CARL WHEREAS, Keith P. Carl, desires to maintain an existing fence, fixed pier and gravel walking path in a portion of the City's property known as Lake Bradford and a portion of the 100' border of land owned by the City around Lake Bradford, located at the rear of 4824 Lake Bradford Lane, in the City of Virginia Beach, Virginia; and WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Keith P. Carl, his heirs, assigns and successors in title are authorized to maintain temporary encroachments for an existing fence, fixed pier and gravel walking path in a portion of the City's property known as Lake Bradford and a portion of the 100' border of land owned by the City around Lake Bradford, as shown on the map marked Exhibit "A" and entitled: "EXHIBIT A PLAT OF PROPERTY ADJACENT TO LAKE BRADFORD OWNED BY THE CITY OF VIRGINIA BEACH AND LOT E RESUBDIVISION OF LOT 30, 31, 32 & WESTERN 50' OF LOT 29 PLAT OF BAYSIDE CORP. VIRGINIA BEACH, VIRGINIA, SHEET 1 OF 8, SCALE 1" = 100'," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are conditioned upon the frame shed shown on the Exhibit A being moved such that it is in compliance with the City Zoning Code's requirement that accessory structures less than 100 Square Feet must be five (5) feet from the property line; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Keith P. Carl (the "Agreement"), which is attached hereto and incorporated by reference; and 47 48 49 50 51 52 53 54 55 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Keith P. Carl and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the _ ~ 4~day Of December , 2010. CA-11655 R-1 PREPARED: 11/16/10 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P LIC WORKS, REAL ES .HARMEYER ASSISTANT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 12th day of October, 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and KEITH P. CARL, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot E, on an UNNAMED STREET KNOWN AS LAKE BRADFORD DRIVE" as shown on that certain plat entitled: "RESUBDIVISION OF LOT 30, 31, 32 & WESTERN 50' OF LOT 29 PLAT OF BAYSIDE CORP. CHESAPEAKE BEACH PRINCESS ANNE CO. VA. FOR FREDERICK RIEDER Scale 1" = 60' April 1950, prepared by C.A. Bamforth Surveyor," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at page 82, and being further designated, known, and described as 4824 Lake Bradford Lane, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain an existing fence, fixed pier and gravel walking path, collectively, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS LAKE BRADFORD) (NO GPIN REQUIRED OR ASSIGNED - 100' BORDER OF LAND OWNED BY THE CITY AROUND LAKE BRADFORD) 1479-39-8383 (4824 Lake Bradford Lane) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Bradford 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), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT A PLAT OF PROPERTY ADJACENT TO LAKE BRADFORD OWNED BY THE CITY OF VIRGINIA BEACH AND LOT E RESUBDIVISION OF LOT 30, 31, 32 & WESTERN 50' OF LOT 29 PLAT OF BAYSIDE CORP. SHEET 1 OF 8 SCALE 1" = 100'," a copy of which is attached hereto as Exhibit "A" and to which reference is made fora more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 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, hold harmless, and defend 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 construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit") 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 3 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 construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that this Encroachment Agreement is conditioned upon Grantee moving the frame shed shown on the Exhibit A so that is complies with the City Zoning Code's requirement that accessory structures less than 100 Square Feet must be five (5) feet from the property line. 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 4 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, Carl P. Keith, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH gy (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2010, by ,CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of 2010, by ,CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) 6 ITH P. CARL STATE OF ` CITY/COUNTY OF ~P~~~ 1'3~ _(.~__, to-wit: The foregoing instrument was acknowledged before me this ~Z~~ day of /~ VC.~ , 2010, by Keith P. Carl. No ry Public ,~--' Notary Registration Number: ~ .p ~ .•••••••. ,~~ - - ® ~, ., , ~ ~~~• NOTARY '•. ~~, My Commission Expires: ~ ~ ~ ~ ~~~ ~ ...~~e PUBLIC ~~. w '° ~ • REG # 351141 ; ~' g MY COMMISSION a O = EXPIRcS ,= 2 ;; e~,® o ,a'a • '•1I~~t ~ ~ APPROVED AS TO CONTENTS .` GNATURE ~'~ ~F~-1 ~ c,Q~c~~ DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ,- DAN~fR'~ HARMEYER ASSISTANT CITY ATTORNEY 7 ~~ a~~> s~ "~ _~ aim a aa~ - o:~ R~ ~< '~ `-~ 3 ice` > > ~ ~~: ~, ^e_ j.~ --.96~- r- T:?? ... /'~ o (' sc ~ ~8 ~ %^ ~ `~ .- ~ _.. ~- b /~ -~ .. ._.._. \i. _{ Y 5 l l ~~~~ /--~ y r ,~~ '~. / ~~' n ~ ~ ~ n i ~~ i=`~' ,~ ~ B I ~ -- Y \ nuI \ ~1 ~~ .r~+ ~ ~ ~ .q3° - ~a~ ~, , c.~- _. ~r ~~~~ ~1 a a Y ~, 1 °1 f ~ ~/ ~~, gad a ~~ _ `' ~, l `\ /' fJ l ~ \~,~ ~ ' T~ ' r ~ ~: ~~ i r' ; ,% ~' n ~ 0 a 8° I Y~~ ` a ~ ~ I _~ OLL M.LFLi.t(5 3" 'A 8 _'' `r _- _~~ a~ % ~ `~ % i = d ~ j ~ Y \\ C'Y / ~~ ~J t Y o f`y, y -- /Tj~ N' _ U ~ ~ , o~ ~ u - a ~g ~.,_~~ I v r m -~ `° cQ LC.4 T .~ ~ H:sr o 6 ~.,, y ~ n Q ~.nl v m `< ~o ~n '~ m ~ ~ ~ N ~ ~ ~ 0 m ~ I n' (D w W m m c 0 ~ I N O_ -_ O J'} "~ ~ _. ~~ ~~ r ~r Q m ~ ~ X ~ y ~ ~ ~ ~ ~ s ~ ~ m Z ~ ~ ~ ~ `~-1 ~ ~ _ _ ' ~ J r ~ ~ Q O ~ w ~ ~, ~~ ~ ~ ~ m ~' Q w ~. m O ~ Z ~ D r ~ ~ ~ ~~ G7 O m D. D ~ D O r n~ o, N o Zm~nO ~l p~ N ~~om=~ ~ pr ~ _ :a: o- ~ ~ ~ = m O y BRIG ~ } Z qp ! Q ~D:p~Z ~ ~~NCT w~DmD ~ ~ w ~ ~ A ~ CI ~ P~EgsU I ~ o ~ m , o ~5 REH ~ {~r ~ Z ~ ~ C OUSE RD ~ `- f 7 - 66 - Item V-K.10. ORDINANCES/RESOLUTIONS ITEM # 60529 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to REFER City Zoning Ordinance Amendments to the Planning Commission re bars and nightclubs Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 14, 2010 1 REQUESTED BY COUNCILMEMBER JOHN E. UHRIN 2 3 4 A RESOLUTION REFERRING TO THE PLANNING 5 COMMISSION PROPOSED AMENDMENTS TO SECTION 6 111 OF THE CITY ZONING ORDINANCE, PERTAINING TO 7 THE DEFINITION OF "BAR OR NIGHTCLUB" 8 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA: 15 16 There are hereby referred to the Planning Commission, for its consideration and 17 recommendation, proposed amendments to Section 111 of the City Zoning Ordinance, 18 pertaining to the definition of the term "bar or nightclub." A true copy of such proposed 19 amendments is hereto attached. 20 21 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 24 That the Planning Commission be, and hereby is, directed to transmit to the City 25 Council its recommendation concerning the aforesaid amendments no later than thirty (30) 26 days after the date of adoption of this Resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on the , ~ 4thday of nPcemhP.s , 2010. APPROVED A TO NTENT: APPROVED AS TO LEGAL SUFFICIEN Y: Planning De artment City Attorney's Office CA-11755 R-1 November 29, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 REQUESTED BY COUNCILMEMBER JOHN E. UHRIN AN ORDINANCE TO AMEND SECTION 111 OF THE CITY ZONING ORDINANCE, PERTAINING TO THE DEFINITION OF "BAR OR NIGHTCLUB" Section Amended: City Zoning Ordinance Section 111 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 111 of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 111. Definitions. For the purpose of this ordinance, words used in the present tense shall include the future; words used in the singular number include the plural and the plural the singular; the use of any gender shall be applicable to all genders; the word "shall" is mandatory; the word "may" is permissive; the word "land" includes only the area described as being above mean sea level; and the word "person" includes an individual, a partnership, association, or corporation. In addition, the following terms shall be defined as herein indicated: Bar or nightclub. An establishment, including a private club as defined by this ordinance, that serves alcoholic beverages, or where alcoholic beverages are consumed, at any time between midnight and 6:00 a.m., except establishments in which the service of alcoholic beverages is incident to a wedding, banquet or similar function not open to the general public, and in which both of the following conditions are met: (1) The combined area of the dance floor and any other standing space exceeds fifteen (15) percent of the public floor area of the establishment; and 43 (2) Amplified music, other than prerecorded background music intended 44 solely as an accompaniment to dining, is provided between midnight and 45 6:00 a.m. 46 47 48 COMMENT 49 50 The amendment clarifies that the intent of the City Zoning Ordinance is to distinguish bars 51 or nightclubs from restaurants on the basis of: (1) the amount of standing space, including dance 52 floor, at the establishment; (2) the use of amplified music after midnight; and (3) the consumption 53 of alcoholic beverages after midnight. Where standing space exceeds 15% of the total public floor 54 area, amplified music (other than piped-in dinner music) is played after midnight, and alcoholic 55 beverages are consumed after midnight, an establishment is considered a bar or nightclub and is 56 therefore subject to the conditional use permit process. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPRO~jEQ AS TQ CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning De-p~rfinent CA-11754 R-3 December 1, 2010 City Attorney's Office 2 - 67 - Item V-K.11. a/b ORDINANCES/RESOLUTIONS ITEM # 60530 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Resolution to ENDORSE the application of the Department of Museums for the 2011 Transportation Enhancement Program Grant re restoration work.• a. Old Cape Henry Lighthouse -Fort Story b. Ferry Plantation House - 4136 Cheswick Lane Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 14, 2010 1 A RESOLUTION ENDORSING THE APPLICATION OF THE 2 DEPARTMENT OF MUSEUMS FOR A 2011 3 TRANSPORTATION ENHANCEMENT PROGRAM GRANT 4 FOR RESTORATION WORK AT THE OLD CAPE HENRY 5 LIGHTHOUSE 6 WHEREAS, in accordance with Commonwealth Transportation Board ("Board") 7 construction allocation procedures, it is necessary that a request by resolution be received 8 from the sponsoring local jurisdiction in order that the Virginia Department of 9 Transportation ("VDOT") establish an enhancement project in the City of Virginia Beach 10 ("City"). 11 12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That the City requests that the Board establish a project for the improvement of 16 the old Cape Henry Lighthouse ("Project"). 17 18 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 19 BEACH, VIRGINIA: 20 21 That, upon establishment of the Project and Board approval of the requested 22 grant funds ("Enhancement Program Funds"): 23 24 1. The City agrees to work with Preservation Virginia to establish a 25 Memorandum of Agreement that requires Preservation Virginia to provide the match 26 equaling a minimum of 20 percent of the total cost for planning and design, right of way, 27 and construction of this project, as a condition of the City participating as Project Sponsor 28 and Fiscal Agent; and 29 30 2. Subject to review for legal sufficiency by the Office of the City Attorney, 31 the City agrees to enter into an agreement with VDOT and Preservation Virginia to provide 32 oversight that ensures the project is developed in accordance with all state and federal 33 requirements for design, right of way acquisition, and construction of a federally funded 34 transportation project; and 35 36 3. The City's agreement with Preservation Virginia will acknowledge that 37 the facility owner, Preservation Virginia, will be responsible for maintenance, upkeep and 38 operating costs of any facility constructed with Enhancement Program Funds; and 39 40 4. The City's agreement with Preservation Virginia will include a 41 requirement that, if Preservation Virginia elects to cancel the Project, Preservation Virginia 42 shall reimburse VDOT for the total amount of costs expended by VDOT on the project and 43 Preservation Virginia shall repay any funds previously reimbursed that are later deemed 44 ineligible by the Federal Highway Administration. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day 47 of December 2010. APPROVED AS TO CONTENT 1.~ Management Services CA11758 R-2 December 1, 2010 APPROVED AS TO LEGAL SUFFICIENCY: f ~~/ orney's Office 1 A RESOLUTION ENDORSING THE APPLICATION OF THE 2 DEPARTMENT OF MUSEUMS FOR A 2011 3 TRANSPORTATION ENHANCEMENT PROGRAM GRANT 4 FOR RESTORATION WORK AT THE FERRY PLANTATION 5 HOUSE 6 WHEREAS, in accordance with Commonwealth Transportation Board ("Board") 7 construction allocation procedures, it is necessary that a request by resolution be received 8 from the sponsoring local jurisdiction in order that the Virginia Department of 9 Transportation ("VDOT") establish an enhancement project in the City of Virginia Beach 10 ("City"). 11 12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That the City requests that the Board establish a project for the improvement of 16 the Ferry Plantation House ("Project"). 17 18 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 19 BEACH, VIRGINIA: 20 21 That, upon establishment of the Project and Board approval of the requested 22 grant funds ("Enhancement Program Funds"): 23 24 1. The City agrees to provide a minimum of 20 percent of the total cost 25 for planning and design, right of way, and construction of this project; and 26 27 2. Subject to review for legal sufficiency by the Office of the City Attorney, 28 the City agrees to enter into an agreement with VDOT to provide oversight that ensures the 29 project is developed in accordance with all state and federal requirements for design, right 30 of way acquisition, and construction of a federally funded transportation project; and 31 32 3. The City will be responsible for maintenance, upkeep and operating 33 costs of any facility constructed with Enhancement Program Funds; and 34 35 4. If the City of Virginia Beach subsequently elects to cancel the Project, 36 the City shall reimburse VDOT for the total amount of costs expended by VDOT through 37 the date it is notified of such cancellation. The City also agrees to repay any funds 38 previously reimbursed that are later deemed ineligible by the Federal Highway 39 Administration. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia on the 1 ath day 42 of December 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r ~ ~ ~, Management Services ity rney's Office CA11759 R-2 December 2, 2010 -68- Item V-K.12 ORDINANCES/RESOLUTIONS ITEM # 60531 Eileen Levandoski, Virginia Beach Conservation Manager -Sierra Club, Phone: 277-8537, expressed appreciation re the creation of a Virginia Beach Energy Task Force; however, optional wind farms compete with optional Oil and National Gas development for installation vessels and maritime expertise which, in turn, slows down wind turbine installation and increases wind project costs. With implementation of the Task Force recommendations, Virginia Beach can be a leader in the Commonwealth towards a clean energy feature. Kimberly Williams, American Lung Association, Phone: (202) 679-7070, represented several public health groups who issued a joint resolution opposing this proposed coal-fired power plant proposed by Old Dominion Cooperative (ODEC) in nearby Surry County. Ms. Williams urged acceptance of the report of the Mayor's Alternative Energy Task Force. Amy Paulson, Director of Consortium - EVMS -Infant and Child Health, Phone: 846-0238, opposes this proposed coal-fired power plant proposed by Old Dominion Cooperative (ODEC) in nearby Surry County and urged adoption of the Virginia Beach Alternative Energy Task Force report Stephen R. Romine, 999 Waterside Drive Norfolk, Phone: 441-8921, represented the Old Dominion Electric Cooperative, a nonprofit electric cooperative with over 1-Million customers serving the Commonwealth. Electricity, is not sold for profit. Virginia's demand for power is outpacing the supply. Benjamin Duff, Vice Chair -Sierra Club, 5604 Aragon Drive, Phone: 737-3666, Mr. Duff praised the Alternative Energy Task Force report. Mr. Duff opposed the Deferral. Jane Bloodworth Rowe, 608 Ocean Lakes Drive, Phone: (757)-268-2630, advised this is the City's opportunity to be a leader embracing clean energy. Ms. Rowe strongly supported the Virginia Beach Alternative Energy Task Force report Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED, BY CONSENT, to the City Council Session of January 11, 2011: Resolution to ADOPT the 2010 Virginia Beach Alternative Energy Task Force Report and DIRECT the City Manager to take the necessary action re the goals and recommendations of the Task Force Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Diezel, Robert M. Dyer, Barbara Mayor William D. Sessoms, Jr., John L. Wood William R. "Bill " DeSteph, Harry E. M. Henley, Vice Mayor Louis R. Jones, E. Uhrin, Rosemary Wilson and James Council Members Voting Nay: None Council Members Absent: None December 14, 2010 -69- Item L. PLANNING ITEM # 60532 1. OLYMPICBENDIXIV, LLC 2. BRENDA KAYFREEMAN/LAKE GEM D8, LLC 3. BEREAN BIBLE CHURCH 4. NEW LIFE MISSION S. R.M. CLARKS, LLC/IRRA, LLC/ CITY OF VIRGINIA BEACH 6 .AMEND THE COMPREHENSIVE PLAN SUDIVISION VARIANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CHANGES OF ZONING R-SD Residential Duplex to B-2 Community Business R-SD Residential Duplex to Conditional R-SD Residential Duplex R-SD Residential Duplex to Conditional B-2 Community Business INTERFACILITY TRAFFIC AREA/ VICINITY MASTER PLAN December 14, 2010 - ~o - Item L.l. PLANNING ITEM # 60533 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items 1, 2, 3, 4 and S of the PLANNING BY CONSENT AGENDA: Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady Henley voted a VERBAL NAY (Item L.4. New Life Mission re the day care portion of the application). Councilman Wood ABSTAINED and DISCLOSED Pursuant to Section 2.2-3115(E), Code of Virginia, re City Council's discussion and vote on the application of Brenda Kay Freeman/Lake Gem D8, LLCfor a Conditional Use Permit for property located at 2181 Upton Drive. The applicant has listed JD & W, Inc. on its application as providing construction services although JD & W, Inc. has not been hired as of this date. Councilman Wood has an ownership interest in JD & W, Inc., which is located at 208 Ash Avenue, Suite 101 and he has a personal interest in the corporation. Councilman Wood DISCLOSED this interest and will ABSTAIN from voting on this matter. Councilman Wood's correspondence of December 14, 2010, is hereby made a part of the proceedings. December 14, 2010 -71- Item L.1. PLANNING ITEM # 60534 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED,, BY CONSENT, Variance to ~ 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for OLYMPIA BENDIX li ; LLC re subdividing the property so each of the existing office buildings will be on a separate lot at 301 Bendix Road. (GPIN# 1477719744) DISTRICT 5 - LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Variance to ~ 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for OLYMPIA BENDIX IV, LLC re subdividing the property so each of the existing office buildings will be on a separate lot at 301 Bendix Road. (GPIN# 1477719744) DISTRICT S - LYNNHAVEN The following condition shall be required.• The existing parcels shall be subdivided substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Parcel 2 ", dated June 1, 2010, and prepared by The Spectra Group. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 14, 2010 - 72 - Item L.2. PLANNING ITEM # 60535 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Application of BRENDA KAY FREEMAN/LAKE GEM D8, LLC for a Conditional Use Permit re an indoor recreational facility at 2181 Upton Drive, Suite 412. (GPIN #2414249922) DISTRICT 7 -PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BRENDA KAY FREEMAN/LAKE GEM D8, LLC for a Conditional Use Permit re an indoor recreational facility at 2181 Upton Drive, Suite 412. (GPIN #2414249922) DISTRICT 7 -PRINCESS ANNE 80121037451 The following conditions shall be required: I. This use permit is valid for the subject unit of 4, 800 square feet and any future units in the commercial center on the property that the studio may expand into. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. This Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth of December, Zino Thousand Ten December 14, 2010 -73- Item L.2. PLANNING ITEM # 60535 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: James L. Wood Council Members Absent.• None Councilman Wood ABSTAINED and DISCLOSED Pursuant to Section 2.2-3115(E), Code of Virginia, re City Council's discussion and vote on the application of Brenda Kay Freeman/Lake Gem D8, LLC' for a Conditional Use Permit for property located at 2181 Upton Drive. The applicant has listed JD & W, Inc. on its application as providing construction services although JD & W, Inc. has not been hired czs of this date. Councilman Wood has an ownership interest in JD & W, Inc., which is located at 208 Ash Avenue, Suite 101 and he has a personal interest in the corporation. Councilman Wood DISCLOSED this interest and will ABSTAIN from voting on this matter. Councilman Wood's correspondence of December 14, 2010, is hereby made a part of the proceedings. December 14, 2010 III ~l4G~r1IA Br>;A~, .»{. ~ ~,-> fit} 04 ,_.,.~,;, ~~ -~ ~ v *, 2 yO~9P'fS- ;•'50~~2 Op OUR NA~1~N JAMES L. WOOD COUNCILMAN -DISTRICT 5 - LYNNHAVEN In Reply Refer to 0043061 City of Virgiriia Beach VBgOV .COrll PHONE: (757) 340-8411 FAX: (757)340-2082 jlwood C~1 vbgov.com December 14, 2010 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(E), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Brenda Kay Freeman/Lake Gem D8, LLC for a conditional use permit for property located at 2181 Upton Drive. 2. The applicant has listed JD&W, Inc. on its application as providing construction services, although JD&W, Inc. has not been hired as of this date. 3. I have an ownership interest in JD&W, Inc., which is located at 208 Ash Avenue, Suite 101, Virginia Beach, Va. 23452, and I have a personal interest in the corporation. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 208 ASH AVENUE, SUITE 101, VIRGINIA BEACH, VA 23452 Mrs. Ruth Hodges Fraser -2- December 14, 2010 Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Thank you for your assistance in this matter. Sincerely, me .Wood C cilmember JLW/RRI - 74 - Item L.3. PLANNING ITEM # 60536 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon Application of BEREAN BIBLE CHURCH for a Conditional Use Permit re a religious use at 945A Reon Drive. (GPIN# 1456632316). DISTRICT 1-CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of BEREAN BIBLE CHURCH for a Conditional Use Permit re a religious use at 945A Reon Drive. (GPIN# 1456632316). DISTRICT 1-CENTERVILLE 80121037452 The following conditions shall be reguired.• 1. The number of individuals attending any one service or activity shall not exceed the occupancy number to be established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official's Office. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth of December, Two Thousand Ten Voting.• 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None December 14, 2010 - 7s - Item L.4. PLANNING ITEM # 60537 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of NEW LIFE MISSION for a Conditional Use Permit re a religious use and day care at 519 N. Witchduck Road. (GPIN #1467982404) DISTRICT 4 -BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NEW LIFE MISSION for a Conditional Use Permit re a religious use/ day care at 519 N. Witchduck Road. (GPIN #1467982404) DISTRICT 4 -BAYSIDE 80121037453 The following conditions shall be required: 1. The parking lot shall be striped and in substantial conformance with the submitted marked-up site plan entitled "Site Plan of Lot 1 " by James C. Hickman and dated January 25, 1979. 2. The site shall be landscaped in substantial conformance with the submitted marked-up site plan entitled "Site Plan of Lot 1 " by James C. Hickman and dated January 25, 1979. 3. There shall be no more than seventy (70) individuals, or the number of individuals approved by the Building and Fire Officials, whichever is less, on the site during services. 4. No freestanding signs shall be permitted on-site. S. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy of use from the Building Official. This Ordinance shall be effective in accordance with Section 107 (fi of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth of December, Two Thousand Ten December 14, 201 D - ~6 - Item L.4. PLANNING ITEM # 60537 (Continued) Council Lady Henley voted a VERBAL AYE re the religious use: Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady Henley voted a VERBAL NAY re the day care use: Voting.• 10-1 (By Consent) Council Members Voting Aye: Rita Sweet Bellittq Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley Council Members Absent.• None December 14, 2010 - 77 - Item L.S. PLANNING ITEM # 60538 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances upon applications re Chan es of Zoning District Classi ications on Indian River Road between Lake James Drive and Ferry Point Road for R.M. CLARKS, LLC./IRRA, LLC/CITY OF VIRGINIA BEACH: DISTRICT 1-CENTERVILLE (a) R-SD Residential Duplex to B-2 Community Business (b) R-SD Residential Duplex to Conditional R-SD Residential Duplex (c) R-SD Residential Duplex to Conditional B-2 Community Business BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinances upon applications re Changes of Zoning District Classifications on Indian River Road between Lake James Drive and Ferry Point Road for R.M. CLARKS, LLC./IRRA, LLC/CITY OF VIRGINIA BEACH: DISTRICT 1-CENTERVILLE 2012101243,ZO12101244,ZO12101245 (a) R-SD Residential Duplex to B-2 Community Business (b) R-SD Residential Duplex to Conditional R-SD Residential Duplex (c) R-SD Residential Duplex to Conditional B-2 Community Business The following condition shall be required: 1. Agreements encompassing proffers shall be recorded with the Clerk of the Circuit Court and are hereby made a part of the record. These Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth of December, 'Iwo Thousand Ten Voting.• 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellittq Glenn R. Davis, William Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, L. Wood Council Members Voting Nay: None Council Members Absent.• None R. "Bill " DeSteph, Harry E. Vice Mayor Louis R. Jones, Rosemary Wilson and James December 14, 2010 IA~BEA~ ~y, ~ r r ~~ z U " Y . > ~. ~+n. `~~ Z 9 ~, i ~, ~~ ~' 4,x.5 ~ 5 Op OUR Npt~~a In Reply Refer To Our File No. DF-7845 TO: Mark D. Stiles FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: December 6, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; R.M. Clarke, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 14, 2010. I have reviewed the subject proffer agreement, dated October 18, 2010 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/ka Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 PROFFER STATEMENT ~} THIS AGREEMENT is made as of this day of (~ ~"Q~ , 20 ~0, by and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Owner", to be indexed as grantor), the current owner of that certain property located in the City of Virginia Beach, as more particularly described below; R.M. CLARKS, LLC, a Virginia limited liability company ("R.M. Clarke", to be indexed as grantor) (hereinafter referred to collectively as the "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Owner is the current owner of that certain property located in the City of Virginia Beach, Virginia identified as a portion of GPIN No. 1465-19-4098-0000, as more particularly described legal description attached hereto and incorporated herein by reference as Exhibit A (the "Property"); and WHEREAS, R.M. Clarke is the potential purchaser of the Property from the City; and WHEREAS; the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, so as to change the classification of the Property from R-SD to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that 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 B-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the City Council, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning 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 GPIN NO.: 1465-19-4098-0000 (portion) 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 are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if' the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the City Council advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction, 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 covenants and agrees 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 Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property, when developed, shall be developed as a commercial vehicular and pedestrian access drive connecting an adjacent commercial parcel with Ferry Point Road, together with related infrastructure and improvements. 2. The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by NDI, LLC, Basgier and Associates Division, entitled "Preliminary Site Plan of Care-A-Lot Pet Supply Offsite Access, Virginia Beach, Virginia," dated September 23, 2010 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 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. 2 All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the City Council. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute 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 Grantors 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 Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors. [Remainder of page intentionally left blank. Signature page to follow] 3 IN WITNESS WHEREOF, the undersigned Grantors execute this Agreement as of the date first written above. DATE: (~`2..~ 1 O (SEAL) ATTEST: ~ ~~~ C rk Approved as to CITY OF VIRGINIA BEACH By. 1`'~ ~ ity anager/Author d esi ee of City Manager Approved as ~ Department of~~conotnic ~ ~ City A 4 sufficiency: (:R ANTnR R.M. CLARKS, C By: Name: ~/'C./yll 5-E. CfC~rI~ G Title: (~~ n ~ r' t ~ - COMMONWEALTH_/STATE O_ F ~ !~. CITY/COUNTY OF , to-wit: The fore~oin~ instrument was acknowledged before me this 2010, by 'I~eniS.~ D-C;~G't.rlce. ,who is personally known to me as identification in~is-Yapacity as CLARKS, LLC on behalf of the company. Y1 ~/F:. ~` otary Public U w `-~~ of , >r has produced of R.M. 1~~day My Commission Expires: ~ ~ ~ j ,~NER L, pqy gyp' ;.c/~TAa\ T Registration No j ~~~~ D X30400 ~.o+rs~ni [NOTARIAL SEAL/STAMP] ~+ s Legal Description Commencing at a point situate lying and being in the city of Virginia Beach, Virginia on the easterlyright-of--way of the relocated Ferry Point Road, at station 7+49.19', Right 34.00' as shown on Map Book 218, page 91 and recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia thence, following the northerly bounds of the access easement, S 60 DEGREES 10 MINUTES 35 SECONDS E a distance of 29.07'; thence, following the westerly bounds of the property owned now or formerly by Indian River Associates, S 25 DEGREES 39 MINUTES 45 SECONDS W a distance of 86.81'; thence, following the southerly bounds of the access easement, N 59 DEGREES 59 MINUTES 51 SECONDS W a distance of 37.61'; thence, following the aforementioned right-of--way of Ferry Point Road, with a curve turning to the left with an arc length of 27.07' with a radius of 170.00' with a chord bearing of N 34 DEGREES 26 MINUTES 32 SECONDS E with a chord length of 27.04'; thence N 29 DEGREES 53 MINUTES O1 SECONDS E a distance of 59.51'; which is the point of beginning, having an area of 0.065 acres more or less. It being a portion of the property taken by the City of Virginia Beach by Order of the Virginia Beach Circuit Court dated November 1, 1993, and recorded in the Virginia Beach Circuit Court Clerk's Office in Deed Book 3295 at page 1053. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7844 TO: Mark D. Stiles .,~ FROM: B. Kay Wilson DATE: December 6, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; R.M. Clarke, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 14, 2010. I have reviewed the subject proffer agreement, dated October 18, 2010 and have determined it to be legally sufficient and in proper legal farm. 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/ka Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 PROFFER STATEMENT THIS AGREEMENT is made as of this ~~'~ day of (~-tZ~:.l~~ _, 201, by and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Owner", to be indexed as grantor), the current owner of that certain property located in the City of Virginia Beach, as more particularly described below; R.M. CLARKS, LLC;, a Virginia limited liability company ("R.M. Clarke", to be indexed as grantor) (hereinafter referred to collectively as the "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Owner is the current owner of that certain property located in the City of Virginia Beach, Virginia identified as a portion of GPIN No. 1465-19-4098-0000, as more particularly described legal description attached hereto and incorporated herein by reference as Exhibit A (the "Property"); and WHEREAS, R.M. Clarke is the potential purchaser of the Property from the City; and WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, so as to change the classification of the Property from R-SD to Conditional R-SD; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that 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 R-SD are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the City Council, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing R-SD zoning 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 GPIN NO.: 1465-19-4098-0000 (portion) 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 are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the City Council advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction, 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 covenants and agrees 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 Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. No building or structure shall be constructed on the Property. Except for clearing of underbrush, routine maintenance, and possible additional plantings, the trees and bushes located on the Property shall not be disturbed. 2. 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. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the City Council. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such 2 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 Grantors 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 Deparhnent of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors. [Remainder of page intentionally left blank. Signature page to follow] 3 IN WITNESS WHEREOF, the undersigned Grantors execute this Agreement as of the date first written above. DATE: ~ O (SEAL) ATTEST: CI rk Approved as to GRANTOR: CITY OF VIRGINIA BEACH B ~1_ Cit Manager/Auth zed esi ee of City Manager 4 GRANTOR: R.M. CLAIj.KE, LLC By: ~~f/fi~-;-- ~ 7' - ~.tiG~~-mac., Name. ~~~ ~ S e ~~ [~I arKe Title: ~~~ r" COMMONWEALTH/STATE OF ~/ C~ CITY/COUNTY OF ~ ,. to-wit: The foregoing instrument was acknowledged before me this ~`~"day of ~C~(~~ ~/J~Jt. , 2010, by ~,Y~.i fie. P• Ci~l.~ ~2 ,who is personally known to me or has produced as identification in-leis capacity as ~ of R.M. CLARKS, LLC on behalf of the company. ker Notary Public My Commission Expires: ~ 13 I 1 I ~ t~ER ~ pq //rr ,,~~,~~ ~~' NOTARY ~ Registration No. 3 3 (~ ~JCJ n ID #33p4~ ~'•01/S1/11 [NOTARIAL SEAL/STAMP] ~s0 ~L1G ~` «+ 5 Legal Description Commencing at a point situate, lying and being in the city of Virginia Beach, Virginia on the easterlyright-of--way of the relocated Ferry Point Road, at station 7+49.19', right 34.00' as shown on Map Book 218, page 91 and recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia; thence, following the relocated right-of--way of Ferry Point Road S 29 DEGREES 53 MINUTES O1 SECONDS W a distance of 59.51'; thence with a curve turning to the right with an arc length of 27.07' with a radius of 170.00' with a chord bearing of S 34 DEGREES 26 MINUTES 32 SECONDS W with a chord length of 27.04', which is the point of beginning; thence, following the northerly bounds of the parcel, S 59 DEGREES 59 MINUTES 51 SECONDS E a distance of 37.61'; thence, following the westerly bounds of Lot 267, Lake James, Phase 2-A S 25 DEGREES 39 MINUTES 45 SECONDS W a distance of 60.42'; thence, following the southerly bounds of the parcel N 60 DEGREES 06 MINUTES 41 SECONDS W a distance of 64.02'; thence, following the aforementioned right-of--way of Ferry Point Road, with a curve turning to the left with an arc length of 64.59' with a radius of 170.00' with a chord bearing of N 49 DEGREES 53 MINUTES 19 SECONDS E with a chord length of 64.20'; which is the point of beginning, containing 0.067 acres more or less. It being a portion of the property taken by the City of Virginia Beach by Order of the Virginia Beach Circuit Court dated November 1, 1993, and recorded in the Virginia Beach Circuit Court Clerk's Office in Deed Book 3295 at page 1053. t r #~ •~ N 4 •~ F`. h-._ ~~ W _J I L ~, ".~.i W H ~'. Q C ~ ~ ti o rJ t; ~~ ~a ~~ ~a ~.. 7 O ~ w O ~~ J ~.~. r In Reply Refer To Our File No. DF-7734 TO: Mark D. Stiles ~ ~~ FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: December 6, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; R.M. Clarke, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 14, 2010. I have reviewed the subject proffer agreement, dated May 11, 2010 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/ka Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT is made as of this ~ 2010, by and between IRRA, LLC a Virginia limited liabili om oan tY p y ("Owner', to be indexed as grantor), the current owner of that certain property located in the City of Vir more particularly described below; R.M. CL ginia Beach, as ARKS LLC, a Virginia limited liability company ("Contract Purchaser", to be indexed as grantor), the contract purchaser of the pro e (hereinafter referred to collectively as the "Grantors" • p m' a municipal corporation of the Commonwealth of~ Vid t~eaCITY OF VIRGINIA BEACH, "Grantee", and to be indexed as grantee). ~ (hereinafter referred to as the WITNESSETH: WHEREAS, Owner is the current owner, and Contract Purchaser the contract purchaser of that certain property located in the City of Virginia Beach, Virginia identified as GPIN Nos. 1465280848 (portion of); 1465199095; 1465189927; 1465198099; 1465198015, as more particularly described legal description attached hereto and incorporated herein by reference as Exhibit A (the "Property"); and WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from R-SD to Conditional B-2; 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 develo ment legislation; and p WHEREAS, the Grantors acknowledge that 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 B-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of the public hearing before the Grantee, as part of the proposed conditional amendmenttoothe Zoning Map, in addition to the regulations provided for in the existing B-2 zoning districts b 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 GPIN NOs.: 1465280848; 1465199095; 1465189927; 1465198099; 1465198015 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 are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the 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 Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion 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 Grantors, their heirs, personal representatives; assigns, grantees and other successors in interest or title, namely: 1. The improvements and landscaping located on the Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by NDI, LLC, Basgier and Associates Division, entitled "Preliminary Site Plan of Care-A-Lot Pet Supply, Virginia Beach, Virginia," dated April 14, 2010 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The retail store located on the Property, when constructed, shall be developed in substantial conformity with the conceptual building rendering prepared by G.M. Frech & Associates, entitled "A Proposed Retail Building for Care-A-Lot Pet Supply, Indian River Rd., Virginia Beach, Virginia," dated April 19, 2010 (the "Building Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2 3. The following uses, which would otherwise be permitted under the B-2 zoning classification, shall not be permitted on the Property: drive-through facilities; gasoline sales; and automobile sales or automobile service of any nature. 4. The stormwater management facilities associated with the Property, when developed, will incorporate a vortex system (or equivalent technologies such as a Filterra system) in addition to surface feature(s). 5. Lighting on the Property will be directed downward and inward toward the interior of the Property. 6. The height of the retail building on the Property, when constructed, will not exceed twenty-two feet (22') (though architectural features associated with the building's primary customer entrance maybe constructed to a maximum height of twenty-eight feet (28')). 7. The Grantors agree that the location of the Property's vehicular access point onto Indian River Road is subject to final determination by the City Planning and Public Works departments. 8. Subject to the Grantors' reaching amutually-acceptable agreement with the owners of parcels located immediately to the northwest of the Property (the "Adjacent Parcels") regarding the allocation of maintenance and liability obligations, Grantors agree to grant one access way across the Property to facilitate access from the Adjacent Parcels to Ferry Point Road. 9. Freestanding signage associated with the retail store located on the Property shall consist of a monument style sign that shall not exceed ten feet (10') in height. 10. The retail building constructed on the Property shall not contain windows facing the rear of the Property, and no window on the retail building shall be used to display signage advertising products for sale. 11. The retail store located on the Property shall close to customers by no later than 9:00 pm each evening. 12. Deliveries and garbage pick-up associated with the retail store located on the Property shall be conducted between the hours of 7:30 am and 8:00 pm. 13. The Grantors shall not request variances from city lighting or signage restrictions contained in applicable codes and ordinances, as amended. 14. 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. 3 All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute 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 Grantors 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 Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. Upon acquisition of the Property by Contract Purchaser, Contract Purchaser shall succeed to all rights and obligations of the "Grantors" under this Agreement, and Owner shall have no further rights or obligations of a "Grantor" under this Agreement. [Remainder of page intentionally left blank. Signature page to follow] 4 7576877510 TROUTMAN SANDERS LLP 12:21:49 p.rn. 05-11-2010 618 IN WITNESS WHEREOF, the undersigned Grantors execute this Agreement as of the date first written above. GRANTOR: IRR By: Nan Titli COMMONWEALTH/STATE OF , C (Ii/ ~ C~"- CITY/COUNTY OF ~ ahC~. , to-wit: ,,,~ C- The foregoing ins ent was acknowledged before me this ~~ day of `~ ~ ~~ , 20l 0, by ~ W'~ ~ Ct't~{ Y` W ~~ ~ Z ,who is personally known to a or has pro aced ~(~~ ~ `~ . (!, as identification in his capacity as ~ n ~ 1~of IRRA, LLC on behalf of the company. otary Public My Commission Expires: ~ a ~ ~ ~ 1 i~` Registration No. ~ ~ ~ y~ 7~/ [NOTARIAL SEAL/STAMP] `,,,~~Y' ~~~4 .~,a SUSAN B. BROTHERS _~~ ~~~= Notary Publio -State of Florida My Comm. Expires Dec 18, 2012 '~',~~~ ~~ ~° Commiesian #~ OD 846731 GRANTOR: R.M. CLARKS, LLC Name: ~'~~ ..~ Gfo. ~~e. Title: ~- PS.`~/~,..'t' COMMONWEALTH/STATE OF ~ ~~ q~r~Q CITY/COUNTY OF ~'Z `pe~L~n , to-wit: The foregoing instrument was acknowledged before me this `a day of~, 2010, by ~o~.~~- C~O~.~~ ,who is personally known to me or has produced ~~4\\ K'no~h as identification in his capacity as P~'es~c~.~hk of R.M. LARKS, LLC on behalf of the company. otary Public My Commission Expires: \ ~ t a~ ~ o~~ 6 Exhibit A Legal Description BEGINNING at a pin in the edge of the right of way of Indian River Road at the junction of said right of way with the property conveyed to Claretha Ashby, et. al. by deed dated February 12, 2006 and recorded in the City of Virginia Beach land records as instrument number 20060227000307200, and the property conveyed to IRRA, LLC by deed dated August 6, 2003 and recorded in the City of Virginia Beach land records as instrument number 2003091000146231, and from said point running South 23° 16' S7" West a distance of 280.75 feet, thence North 51 ° 3' 14" West a distance of 517.50 feet to a pin, thence North 34° 36' 22" East to a distance of 86.81 feet to a pin, thence South 50° 49' 20" East a distance of 245.24 feet to a pin, thence North 22° 57' 24" East a distance of 99.56 feet to a pin, thence North 42° 34' 35" East a distance of 101.66 feet to a pin in the edge of the right of way of Indian River Road, thence South 51 ° 4' 24" East along the line of said right of way a distance of 170.58 feet to a pin, thence South 23° 21' 48" West a distance of 13.08 feet to a pin, thence South 51° 20' 17" East a distance of 49.9 feet to the point of beginning. Said tract of land containing approximately 2.09 acres, more or less. 395278v2 7 - 78 - Item L. 6. PLANNING ITEM # 60539 Attorney R. J. Nutter, 222 Central Park Avenue, Phone: 687-7500, represented Kempsville Presbyterian Church, which last year purchased the "Brown Farm "and now the property consists of approximately 520 acres. The Church is still adding properties to their current holdings. The Church has taken a pro- active stance to this project. The Church has no objection to the "bulk" of the study. Two (2) concerns have been raised consistently long before the City Council Session. First, there is a minimal requirement of minimal Open Space at SO%. Throughout the process, the Church has requested "Open Space " reviewed on an aggregate basis in the Interfacility Traffic Area (ITA) and individual applications should strive to achieve SO%, not offered a specific amount. Secondly, this report, unlike many others, has a square footage limitation: a suggestion of 2-Million square feet re the Brown Farm property. All the uses proposed on the Brown Farm are completely in compliance with the BRAC program. Captain Jim Webb, NAS Oceana Commanding Off cer -Naval Air Station Oceana, registered support on behalf of the Navy re the Interfacility Traffic Area and the Vicinity Master Plan. Adoption of this Plan will cap years of discussion and work on this Master Plan of an area of the City which was once slated for residential development. Council Lady Henley assured the congregation of Kempsville Presbyterian Church, their plans for the church, recreation fields, accompanying school, et cetera are all encompassed exactly as requested. A MOTION was made by Council Lady Henley, seconded by Councilman Dyer, to ADOPT, as PRESENTED: Ordinance to AMEND the Comprehensive Plan by adopting the Interfacility Traffic Area (ITA) and Vicinity Master Plan A SUBSTITUTE MOTION was made by Councilman DeSteph, for the City to strive to achieve 50% of the growth in Open Space and,• further, to eliminate the special limitations under the Municipal Center/Princess Anne Commons/Princess Anne Corporate Park and the Brown Farm. There was no SECOND to this Motion. ALL MOTIONS WERE WITHDRAWN December 14, 2010 - 79 - Item L. 6. PLANNING ITEM # 60539 (Continued) Upon motion by Councilman Wood, seconded by Councilman Davis, City Council DEFERRED until the City Council Session of January 25, ZOII: Ordinance to AMEND the Comprehensive Plan by adopting the Interfacility Traffic Area (ITA) and Vicinity Master Plan. Voting: 10-1 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Harry E. Diezel Council Members Absent: None December 14, 2010 -80- Item M.1 APPOINTMENTS ITEM # 60540 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: CLEAN COMMUNITY COMMISSION ENERGYADVISORY COMMITTEE HEALTH SERVICES ADVISORYBOARD HUMAN RIGHTS COMMISSION OPENSPACE ADVISORY COMMITTEE PERSONNEL BOARD RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION December 14, 2010 -81 - Item M.2. APPOINTMENTS ITEM # 60541 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: B. Rod Rodriguez Alternate: 01/01/2011-12/3l/ZOl S BOARD OF ZONING APPEALS Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 14, 2010 -82- Item M.3. APPOINTMENTS ITEM # 60542 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Jeffrey L. Hodgson 01/01/2011-12/31/2014 PLANNING COMMISSION Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 14, 2010 -83- Items P. ADJOURNMENT ITEM # 60543 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 7:10 P.M. 0,~,~s o'~u~ Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia ~.. William D. Sessoms, Jr. Mayor December 14, 2010