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OCTOBER 11, 2011 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large VK'E MAYOR LOUIS R. JONES, Bayside -District 4 GLENN R. DAMS, Kose HaU -District 3 WILL/AM R. DeSTF.YH, At-/,arge HARRY G'. D]F,7.EL, Kempsville -District 2 ROBERT M. DYER, Centerville -District 1 BARBARA M. HENLF.7, Princess Anne -District 7 YRGSCO'1T SHF,RROD, At-Large JOHN E. UHRIN, Beach -District 6 ROSEMARY WILSON, At-Large JAMH.:S L. WOOD, Lynnhaven -District S CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORG Cl1'Y A7"l'ORNEY -MARK D. STILES C.'lTY ASSESSOR - JERALD D. BANAGAN CITYAUDITOR LYNDONS. REMIAS CITY CLh.'RK RUTH HODGES ERASER, MMC I. II III IV CITY COUNCIL'S BRIEFING -Conference Room - I . DEVELOPMENT AUTHORITY (VBDA) -Annual Report John W. Richardson, Chair CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION C/TYHALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGIN/A 23456-9005 PHONE: (757) 385-4303 FAX' (757) 385-5669 E- MAIL: Ctycncl@vbgov. com 4:30 PM 5:00 PM CITY COUNCIL AGENDA 11 October 2011 VI. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Tommy Taylor Pastor, Retired 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 G. FORMAL SESSION AGENDA H. BID OPENING 1. LEASE OF CITY-OWNED PROPERTY -Little League facility 4153 Dam Neck Road I. PUBLIC HEARINGS 1. 2012 LEGISLATIVE AGENDA 2. HAMPTON ROADS REGIONAL WATER SUPPLY PLAN 3. EXCESS CITY PROPERTY 2245, 2249 and 2253 London Street 4. LEASE OF CITY-OWNED PROPERTY -Little League facility 4153 Dam Neck Road September 27, 2011 J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS Ordinance to DECLARE 2245, 2249 and 2253 London Street as EXCESS and AUTHORIZE conveyance to Cashvan Homes, LLC 2. Ordinance to AUTHORIZE Bid Proposals for a long term lease of property at Murden's Corner re wireless communications 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a long term lease of property at 4153 Dam Neck Road for Little League Baseball 4. Ordinance to AUTHORIZE acquisition of property on General Booth Boulevard from Bay Shore Development, LLC re open space and the City Manager to EXECUTE all applicable documents 5. Ordinance to AUTHORIZE the City Manager to EXECUTE appropriate documents to accept the dedication of a conservation easement at Taylor Farm, 2599 Dam Neck Road 6. Ordinance to AUTHORIZE a temporary encroachment for NICHOLAS R. and JESSICA M. COOK to maintain an existing in-ground swimming pool and concrete deck at 5400 Menteith Court 7. Resolution to AUTHORIZE the Hampton Roads Regional Water Supply Plan submission to the Virginia Department of Environmental Quality 8. Ordinances to ACCEPT and APPROPRIATE grants: a. $25,000 from the Department of Emergency Management to Police re a shallow water boat b. $1,133,078 from the Federal Emergency Management Agency (FEMA) for continuation of the Virginia Task Force 2, Urban Search and Rescue Team L. PLANNING 1. Application of JOSEPHINE B. ADAMSON for conversion of a Nonconforming Use from a duplex to a single family dwelling at 201 81S` Street (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 2. Application of APRIL HABIT and VICTOR M. and BARBARA A. WEST for enlargement of a Nonconforming Use to allow the sale of food and beverages, outside picnic tables, and changed hours of operation at 4100 Charity Neck Road (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL 3. Application of C & C DEVELOPMENT COMPANY, INC. and R. GILES CLEMENT for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 415 49t" Street (DISTRICT 5 - LYNNHAVEN) APPROVAL 4. Application of OCEAN TRACE CONDOMINIUM ASSOCIATION, INC. for Modification of the Proffers of a Conditional Rezoning (approved by City Council January 25, 2011) to allow conversion of a building to Affordable Housing at Old Virginia Beach and Birdneck Roads. (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL 5. Application of SUPER HOLLAND ASSOCIATES; LLP/HIF, LLC; HIC, LLC, and MACH ONE LLC for Modification of Condition #1 (approved by City Council April 11, 1995) to reduce the required parking spaces, to develop outparcels and lengthen existing turn lane at 3901 and 3877 Holland Road (DISTRICT 3 -ROSE HALL) RECOMMENDATION APPROVAL 6. Application of FIVE COLUMBUS CENTER, LLC, for a Conditional Use Permit re a private college or university at 4505 Columbus Street (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL Application of FRESH WORLD VA-B, INC./KROGER LIMITED PARTNERSHIP for a Conditional Use Permit re indoor recreation at 2029 Lynnhaven Parkway (DISTRICT 1 - CENTERVILLE) RECOMMENDATION APPROVAL 8. Ordinance for the CITY OF VIRGINIA BEACH to AMEND § 107 of the City Zoning Ordinance (CZO) re "notice" to Condominiums and Cooperatives M. APPOINTMENTS ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD LOCAL FINANCE BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS 1. ABSTRACT OF VOTES Democratic Primary for House of Delegates (August 23, 2011) P. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers CITY COUNCIL SESSIONS NOVEMBER Stn MOVED TO: NOVEMBER Ist to provide citizens to exercise their right to vote on November 8, 2011, General Election CITY COUNCIL SESSION SCHEDULE Date Time Meetin October 11, 2011 TBA Briefings, Informal Session, Formal Session October 18, 2011 4:00 - 6:00 PM Workshop October 25, 2011 TBA Briefings, Informal Session, Formal Session November 1, 2011 TBA Briefings, Informal Session, Formal Session November 8, 2011 Election Day - No Briefings, No Workshop, No Sessions November 15, 2011 4:00 - 6:00 PM City Council Workshop November 22, 2011 TBA Briefings, Informal Session, Formal Session December 6, 2011 TBA Briefings, Informal Session, Formal Session December 13, 2011 TBA Briefings, Informal Session, Formal Session January 3, 2012 TBA Back to the usual schedule If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October I1, 2011 Mayor William D. Sessoms, Jr., called to order the DEVELOPMENT AUTHORITY'S (VBDA) ANNUAL REPORT in the City Council Conference Room, Tuesday, October 11, 2011, at 4: 30 P.M. Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• Robert M. Dyer [Entered late as was returning from a business meeting out of the City) October 11, 2011 -2- CITY COUNCIL `S BRIEFING DEVELOPMENT A UTHORITY (VBDA) ANNUAL REPORT 4:30 P.M. ITEM # 61283 Chairman John W. Richardson -DEVELOPMENT AUTHORITY (VBDA) expressed appreciation to the Mayor and Members of City Council, and stated it was an honor to represent the Virginia Beach Development Authority. Chairman Richardson introduced the other Members of the Virginia Beach Development Authority in attendance: Commissioner Linwood O. Branch Commissioner Dorothy Wood Vice Chair Elizabeth "Boo" Twohy Commissioner Shewling Moy Wong. Virginia Beach Department of Economic Development Sfaff Warren Harris, Director Mark Wawner, Project Development Coordinator Cynthia Whitbred-Spanoulis, Strategy and Performance Coordinator Chairman Richardson advised the Virginia Beach Development Authority's Annual Report for Fiscal Year 2010/2011, is impressive. Commissioner Shewling Moy Wong was the "heart and soul" of compiling this Report. Mission Statement: "The Virginia Beach Development Authority exists to facilitate the expansion of the tax base and employment opportunities in the City through increased business development and redevelopment. " The Development Authority also plays a vital role in making one ofyour City Council goals a reality, and that is "Grow the Local Economy ". Any great organization starts with its leadership, and thanks to the leadership of our City Council Liaisons, Vice Mayor Louis Jones and Council Lady Rosemary Wilson. The Board depends upon their great leadership and insights as we move forward with our strategy. Additionally, the Authority is very fortunate to have Steve Herbert, Deputy City Manager and Warren Harris as Director. Warren Harris reviewed the highlights included in the Report. October I1, 2011 -3- October 11, 2011 CITY COUNCIL `S BRIEFING DEVELOPMENT AUTHORITY (VBDA) ANNUAL REPORT -4- October 11, 2011 CITY COUNCIL `S BRIEFING DEVELOPMENT AUTHORITY (VBDA) ANNUAL REPORT -S- October 11, 2011 CITY COUNCIL `S BRIEFING DEVELOPMENT A UTHORITY (VBDA) ANNUAL REPORT EDIP (Economic Development Investment Program) uses funds generated from a l2-cent local t~G~ on cigarette products sold in the City of Virginia Beach. This revenue is a declining source of funds for the DevelopmentAuthority, andprojections show that with currentprojects accounted for, the Authority will be out of funds in the near future ,i i _ .iu -6- CITY COUNCIL `S BRIEFING DEVELOPMENT A UTHORITY (VBDA) ANNUAL REPORT ITEM # 61283 (Continued) The action taken by City Council to eliminate the Machinery and Tool Tax will have a substantial advantage to our Tool Kit in terms of attracting manufacturing companies which appears to have increased. Many of the companies are reconsidering a change from locating outside the United States and bring those opportunities back to the United States. This elimination of the Machinery and Tool Tax will place the City in a stronger position against the competition in attracting some of those industries. The elimination of the BPOL tax will give new companies in Virginia Beach, the two year grace period and play a significant role in the ability to secure new investment within the City. z_ ~ ~ ~ ~' 1f i aaa kY p N 4ya Y ^AF M iJ ~ ~i October 11, 2011 - ~- CITY COUNCIL `S BRIEFING DEVELOPMENT AUTHORITY (VBDA) ANNUAL REPORT ITEM # 61283 (Continued) ar .. i ~1 i ~ ~ i~ i _ ~ ,~. `... October 11, 2011 -8- October 11, 2011 CITY COUNCIL `S BRIEFING DEVELOPMENT A UTHORITY (VBDA) ANNUAL REPORT -9- CITY COUNCIL `S BRIEFING DEVELOPMENT A UTHORITY (VBDA) ANNUAL REPORT ITEM # 61283 (Continued) Fiscal year 2010/2011 was very successful for the Virginia Beach Development Authority. Nearly $175- Million in new capital was invested by the City's business community through the combined efforts of the Virginia Beach Development Authority (VBDA) and the Virginia Beach Department of Economic Development (VBDED), a 258% increase over FY 2009/2010. This included the announcement of two (2) significant new speculative commercial developments (31 Ocean and Seasons at Birdneck) The Virginia Beach Department of Economic Development (VBDED) recorded a SI % increase in the creation of new jobs, with 1, 435 created by existing companies and 671 by companies new to the City, for a total of 2,106. More than 1.2-Million square feet of new and existing commercial space was filled throughout the city. Cherry Bekaert and Holland, Certified Public Accountants and Consultants, submitted their Audit findings as part of the record and enclosed within the Annual Report. October 11, 2011 -10- CITY COUNCIL LIAISONREPORTS S: 08 P.M. ITEM # 61284 Councilman Davis referenced the Virginia Destroyers Game with an attendance of 12, 600, their second game, on October 7, 2011. The Virginia Destroyers are a professional American football team based in Virginia Beach, Virginia. They began playing in the United Football League in the 2011 Season and play their home games at the Virginia Beach Sportsplex. Former NFL head coach Marty Schottenheimer is the team's head Coach and General Manager. Denzel Washington was in attendance and met many of the fans. The Former Coach of the Pittsburg Steelers was also present. Mayor Sessoms advised there is a traffic issue which the City Manager is reviewing. Mayor Sessoms thoroughly enjoyed the game. Councilman DeSteph also advised there was a parking issue. ITEM # 61285 Councilman DeSteph advised Bikeways and Trails Advisory Committee had their meeting Monday, October 10, 2011. The comments and actions have been very positive. ITEM # 61286 Councilman DeSteph, Liaison -Beaches and Waterways, advised a Public Hearing has been scheduled for Thursday evening, October 13, 2011, at the Great Neck Recreation Center, 7:00 P.M. October 11, 2011 -11- CITY COUNCIL COMMENTS S: l2 P.M. ITEM # 61287 Mayor Sessoms expressed pride and appreciation to Council Lady Wilson re her Presidency to the Virginia Municipal League (VML). Many attended and Mayor Sessoms advised all were impressed by President Wilson 's speech. President Wilson presented the City Council, the "VML GREEN GOVERNMENT CHALLENGE" Gold Certificate Award to the City of Virginia Beach for successfully implementing environmental policies and taking practical actions to reduce carbon emissions " ITEM # 61288 Councilman Dyer referenced the October First Fiftieth Anniversary Celebration of CBN's (Christian Broadcasting Network) Broadcasting the Gospel. This remarkable event was attended by thousands. The festivities began at 11:00 A.M. There were exciting events, ,festivities and entertainment for all ages throughozzt the day, ending with a spectacular Zanzbelli Fireworks display at 9:00 P. M. The Christian Broadcasting Network first began broadcasting .from its first studio on Spratley Street in Portsmouth, on Oct. 1, 1961. Their signal was so weak that it barely reached Portsmouth's city limits yet frve decades later CBN is broadcasting not only across our nation, but around the world,from its home irz Virginia Beach since 1975. "there was a grand celehrcztion that evening at 7:00 PM, with Pat Williams of the Orlando Magic, Virginia Symphony, MercyMe arzd the Annie Moses Band, Virginicx Governor Bob McDonnell, and world-z°enowned evangelist Reinhard Bonnke On behalf of the City and City Council Mayor Sessoms PRESENTED a PROCLAMATION. Councilman Dyer requested the City Manager APPOINT a Liaison to assist with public inforrrzation. He appointed Mary Hancock, Media and Communications Administrator, who performed superbly. October 11, 2011 -12- AGENDA REVIEW SESSION 5:14 P.M. ITEM # 61289 BY CONSENSUS, the following shall compose the CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE 2245, 2249 and 2253 London Street as EXCESS and AUTHORIZE conveyance to Cashvan Homes, LLC 2. Ordinance to A UTHORIZE Bid Proposals for a long term lease of property at Murden 's Corner re wireless communications 3. Ordinance to A UTHORIZE the City Manager to EXECUTE a long term lease of property at 4153 Dam Neck Road for Little League Baseball 4. Ordinance to AUTHORIZE acquisition of property on General Booth Boulevard from Bay Shore Development, LLC re open space and the City Manager to EXECUTE all applicable documents 5. Ordinance to AUTHORIZE the City Manager to EXECUTE appropriate documents to accept the dedication of a conservation easement at Taylor Farm, 2599 Dam Neck Road 6. Ordinance to A UTHORIZE a temporary encroachment for NICHOLAS R. and JESSICA M. COOK to maintain an existing in-ground swimming pool and concrete deck at 5400 Menteith Court 7. Resolution to AUTHORIZE the Hampton Roads Regional Water Supply Plan submission to the Virginia Department of Environmental Quality 8. Ordinances to ACCEPT and APPROPRIATE grants: a. $25, 000 from the Department of Emergency Management to Police re a shallow water boat b. $1,133, 078 from the Federal Emergency Management Agency (FEMA) for continuation of the Virginia Task Force 2, Urban Search and Rescue Team Item K.3. (Ordinance to AUTHORIZE the City Manager to EXECUTE a long term lease of property at 4153 Dam Neck Road) shall be REVISED. October 11, 2011 -13- AGENDA REVIEW SESSION ITEM # 61290 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: L. 1. Application of JOSEPHINE B. ADAMSONfor conversion of a Nonconforming Use from a duplex to a single family dwelling at 201 815` Street (DISTRICT S - LYNNHAVEN) 2. Application ofAPRIL HABIT and VICTOR M. and BARBARA A. WEST for enlargement of a Noncon orming Use to allow the sale of food and beverages, outside picnic tables, and changed hours of operation at 4100 Charity Neck Road (DISTRICT 7 -PRINCESS ANNE) 3. Application of C & C DEVELOPMENT COMPANY, INC. and R. GILES CLEMENT for a Variance to ~4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 415 49`" Street (DISTRICT S - LYNNHAVEN) 4. Application of OCEAN TRACE CONDOMINIUMASSOCIATION, INC. for Mod cation of the Pro~'ers of a Conditional Rezoning (approved by City Council January 25, 2011) to allow conversion of a building to Affordable Housing at Old Virginia Beach and Birdneck Roads. (DISTRICT 6 -BEACH) 5. Application of SUPER HOLLAND ASSOCIATES; LLP/HIF, LLC; HIC, LLC, and MACH ONE LLC for Modi acation oFCondition #1 (approved by City Council April 11, 1995) to reduce the required parking spaces, to develop outparcels and lengthen existing turn lane at 3901 and 3877 Holland Road (DISTRICT 3 -ROSE HALL) 6. Application of FIVE COLUMBUS CENTER, LLC, for a Conditional Use Permit re a private college or university at 4505 Columbus Street (DISTRICT 5 - LYNNHAVEN) 7. Application of FRESH WORLD VA-B, INC./KROGER LIMITED PARTNERSHIP for a Conditional Use Permit re indoor recreation at 2029 Lynnhaven Parkway (DISTRICT 1 - CENTERVILLE) 8. Ordinance for the CITY OF VIRGINIA BEACH to AMEND X107 of the City Zoning Ordinance (CZO) re "notice " to Condominiums and Cooperatives Item L.2 (Application ofAPRIL HABIT and VICTOR M. and BARBARA A. WEST) shall be discussed) Item L.6 (Application of FIVE COLUMBUS CENTER, LLC, for a Conditional Use Permit) shall be revised, deleting Condition No. 2. Item L.8. Ordinance for the CITY OF VIRGINIA BEACH to AMEND ,¢107 of the City Zoning Ordinance (CZO) Council Members DeSteph and Henley shall vote a VERBAL NAYreADOPTION. October 11, 2011 -14- ITEM # 61291 Mayor Sessoms entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2- 3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Beach District LEGAL MATTERS: Consultation with legal counsel or briefings by staff members or consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). City of Virginia Beach v. F. Wayne McLeskey, Jr. and VBFC Properties, LLC Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION at 5:16 P.M. October 11, 2011 -IS- ITEM # 61291 (Continued) Voting: 10-0 Council Members Present: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel (Closed Session: (5:16 P.M. - 5:45 P.M.) October 11, 2011 -16- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 11, 2011 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, October 11, 2011, at 6:00 P.M. Council Members Present: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Tommy Taylor Pastor, Retired PLEDGE OFALLEGL4NCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an off cer of TowneBank (which has a corporate off ce 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. October I1, 2011 -17- 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 tactual 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 identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. October 11, 2011 -18- Item - V-E.1 CERTIFICATION ITEM # 61292 Upon motion by Councilman Dyer, seconded by Councilman Sherrod, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: None October 11, 2011 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #61291, Page 14, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of V irginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. th Hodges Fraser, MMC City Clerk October 11, 2011 -19- Item - V-F.1 MINUTES ITEM # 61293 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of September 27, 2011. Voting.• 8-0 Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Prescott Sherrod, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining.• Glenn R. Davis*. Mayor William D. Sessoms, Jr. and John E. Uhrin Council Members Absent: None Councilman Glen R. Davis VERBALLY ABSTAINED re the Minutes of September 27, 2011, as he was traveling out of the Country and was not in attendance. October 11, 2011 -20- Item - V-F.2. RECOGNITION ITEM # 61294 Mayor Sessoms RECOGNIZED the FOLLOWING Boy Scouts in attendance. Troop 63 Mayor Sessoms presented each of the Scouts with a replica of the City Seal. October 11, 2011 -21- Item V-G.l. ADOPTAGENDA FOR FORMAL SESSION ITEM # 61295 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION October I1, 2011 -22- Item V.H.I. ITEM # 61296 BID OPENING Mayor Sessoms called for the Bid Opening: LEASES OF CITY-OWNED PROPERTY- Little League facility 4153 Dam Neck Road "Pursuant to Virginia Code Section 15.2-2102, the Chair will now summarize the bids that have been received.for a proposed lease of a portion of the City-owned property located at 4153 Dam Neck Road (28.58 acres) for little league baseball operations. One bid has been received, as follows: 1. Green Run Little League, Inc. has bid 40 year lease term. Rent of $1 per year Green Run proposes to construct and operate a youth baseball complex on the property Are there any other persons desiring to submit a bid at this time There being no further bids, the bidding is closed Staff has reviewed the bid of Green Run Little League and recommends to Council that it adopt an ordinance awarding a lease of the property to that bidden " October 11, 2011 -23- Item V.I.1. PUBLIC HEARING ITEM # 61297 Mayor Sessoms DECLARED a PUBLIC HEARING: 2012 LEGISLATIVE AGENDA The following registered to speak: William Bailey, 644 Edwin Drive, Phone: 288-5761, represented the Virginia Beach Special Firefighters, and spoke in Opposition re Item 1: "State legislation requiring localities to create a Defined Benefit versus a Defined Contribution program ". State and Local government retirement plans in the United States cover 14.1-million active employees; about 10% of United States labor forces and 6.9-million retirees including Teachers, Police officers, Fire Fighters, Legislators, Judges and general employees. Ninety (90%) percent of State and Local government employees are covered by Defined Benefit programs. A Defined Benefit program will continue to run until the last person in that program dies. The cost to manage those programs is going to cost more than one thinks. The Defined Contribution Program has been tried in other states. At least three (3) other states have come back to a Defined Benefit Program. Once the States switched over, it cost hundreds of millions of dollars to switch back. Most employees in Virginia Beach do not invest in a 401 or 457K program because of the salary levels. The employees in Virginia Beach do not have the expendable disposable income to invest. If the employees are placed in a Defined Contribution Program, then they leave with the portability from one job to the next. Reports indicate those employees will spend that money on moving expenses to their new job. Employees are also opposed to the General Assembly requiring employees to pay S% into the Virginia Retirement Sstem (VRS), the current Defined Benefits Program. The State employees received a "5 for S ". A 5% pay raise was given to offset the S% the employees were required to pay into VRS. The City elected to require new employees pay the S%, but current employees hired before 1 July 2010 do not have to pay. If the employees of Virginia Beach are going to be given a S% pay raise to offset the S% that is going to VRS, that encompasses approximately $20-25-Million. This same principle for School employees would amount to approximately $75-Million. Mike Barrett, represented Virginia Beach Vision, and advised he attended the Legislative Workshop and submitted positions in regard to the General Assembly. Mr. Barrett supports the increase in the gas tax "according to inflation ". Virginia Beach Vision is requesting the City lobby the General Assembly to provide a source of operating expenditures for the Rail Operating Fund. In 2013, there is going to be a passenger rail from Norfolk to Richmond and then go up the East Coast. This concept is highly supported. Military Affairs is a major platform. In regard to parking, the Strategic Growth Areas are supported. Members of Vision have been participants in every one of the study groups. Repeal of the BPOL Tax is supported, but only if there is an alternate business identified and paid by businesses so that it is revenue neutral. Vision supports legislation to allow conversion to a Defined Contribution Plan. Vision requests the City not take a firm position on Eminent Domain. Mr. Barrett expressed appreciation to City Council for their consideration of Virginia Beach Vision's issues. October 11, 2011 -24- Item V.I.l. PUBLIC HEARING ITEM # 61297 (Continued) Dominic Melito, 4410 Segovia Court, Phone: 486-0202, represented the Virginia Beach Education Association and spoke in OPPOSITION to Item S, Defined Contribution Plan option and Item 18: requiring School employees to contribute 5% to VRS. He inquired relative consideration of the impact on employees. Chapter 5 of the last JLARC report, in 2008, indicates that a Defined Benefit -Defined Contribution Plan is worth 48% less than the other. Price Waterhouse Cooper performed the actuarial analysis for JLARC. Someone who leaves City employment has the same options under VRS. Carolyn McPherson, 2700 Royster Court, spoke on behalf of "Light Rail Now ", and offered endorsement of the City of Virginia Beach DRAFT Proposed Legislative Agenda recommendation to create sustainable transportation funding for our community. City Council is applauded for addressing this d~cult issue. The transportation funding in the Commonwealth, in a sustainable way, has long been unaddressed. Funds are needed to support not only our current infrastructure, but to plan for much needed improvements. Fay Silverman, 3040 Lynndale Road, Phone: (757) 340-4187, represented the Human Rights Commission and expressed appreciation for City Council's consideration of their recommendation to the Legislative Package, the Human Rights Act Amendment, to include the prohibition against discrimination for sexual orientation. Virginia Beach is one of only twelve (12) communities in the State that has this policy in effect. There are only twenty-one states that have this policy. Councilman DeSteph wished the details re the proposed Constitutional Amendment on Eminent Domain were available to allow City Council to discuss it publicly and receive Public Comment. There can be no dollar figure on any of our Constitutional Tights i. e. Freedom of Speech and Religion. There being no further speakers, Mayor Sessoms DECLARED THE PUBLIC HEARING CLOSED. October 11, 2011 -2s- Item V.I.2. PUBLIC HEARING ITEM # 61298 Mayor Sessoms DECLARED a PUBLIC HEARING: HAMPTONROADS REGIONAL WATER SUPPLYPLAN There being no speakers, Mayor Sessoms DECLARED THE PUBLIC HEARING CLOSED. October I1, 2011 -26- Item V.I.3. PUBLIC HEARING ITEM # 61299 Mayor Sessoms DECLARED a PUBLIC HEARING: EXCESS CITY PROPERTY 2245, 2249 and 2253 London Street There being no speakers, Mayor Sessoms DECLARED THE PUBLIC HEARING CLOSED. October 11, 2011 -z~- Item V L 4. PUBLIC HEARING ITEM # 61300 Mayor Sessoms DECLARED a PUBLIC HEARING: LEASE OF CITY-OWNED PROPERTY- Little League facility 4153 Dam Neck Road There being no speakers, Mayor Sessoms DECLARED THE PUBLIC HEARING CLOSED. October 11, 2011 -2s- Item T~ J/K. ORDINANCES/RESOLUTIONS ITEM # 61301 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION, Items 1, 2, 3(AS REVISED), 4, S, 6, 7 and Sa16 of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2011 -29- Item V.K.l ORDINANCES/RESOL UTIONS ITEM # 61302 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to DECLARE 2245, 2249 and 2253 London Street as EXCESS and AUTHORIZE conveyance to Cashvan Homes, LLC Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2011 1 AN ORDINANCE DECLARING THE PARCELS 2 LOCATED AT 2245 LONDON STREET (GPIN 3 2407-02-2264), 2249 LONDON STREET (GPIN 4 2407-02-1293) AND 2253 LONDON STREET 5 (GPIN 2407-02-1222) TO BE IN EXCESS OF THE 6 CITY'S NEEDS AND AUTHORIZING THE CITY 7 MANAGER TO SELL SAME TO CASHVAN 8 HOMES, LLC. 9 io WHEREAS, the City of Virginia Beach (the "City") is the owner of those 11 certain parcels of land located at 2245, 2249 and 2253 London Street (collectively, the 12 "Properties"), more particularly described on Exhibit "A" attached hereto and made a 13 part hereof; 14 15 WHEREAS, the City acquired the Properties pursuant to the APZ-1 15 Acquisition Program; 17 18 WHEREAS, the City funded the acquisition of the Properties through a 19 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 20 contributing fifty percent (50%) of the funds; 21 22 WHEREAS, the Properties are in the midst of other residences and at the 23 time of acquisition were improved with residential dwellings, which have since been 24 demolished due to their poor condition; 25 26 WHEREAS, City Council has elected to allow the reconstruction of two 27 single-family homes on the Property in order to maintain the integrity of the 28 neighborhood; and 29 3o WHEREAS, the re-development of the Properties shall be outside of the 31 Accident Potential Zone 1 as defined by the City's Zoning Map; 32 33 WHEREAS, a Request for Proposal ("RFP") was advertised for the 34 potential sale of the Properties; 35 36 WHEREAS, Cashvan Homes, LLC ("Cashvan") was one of the 3 7 respondents to the RFP; 38 39 WHEREAS, the APZ-1 Disposition Committee has recommended that City 4 o Council declare the Properties to be in excess of the City's needs and sell the 41 Properties to Cashvan; 42 43 WHEREAS, Cashvan will build two new single-family homes on the 44 Properties to prescribed standards acceptable to the City, including elevated noise 4 5 attenuation and design criteria, and Cashvan Homes, LLC will thereafter convey the 46 improved Properties to an owner-occupant; 47 48 WHEREAS, Cashvan shall develop the dwelling units outside of the 4 9 Accident Potential Zone 1 as defined by the City's Zoning Map; 50 51 WHEREAS, Cashvan will purchase the Properties in accordance with the 52 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 53 54 WHEREAS, the City Council is of the opinion that the Properties are in 55 excess of the needs of the City of Virginia Beach. 56 57 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 5s OF VIRGINIA BEACH, VIRGINIA: 59 6 o That the Properties located at (1) 2245 London Street; (2) 2249 London 61 Street; and (3) 2253 London Street are hereby declared to be in excess of the needs of 62 the City of Virginia Beach and that the City Manager is hereby authorized to execute 63 any documents necessary to convey the Property to Cashvan Homes, LLC in 64 substantial conformity with the Summary of Terms attached hereto as Exhibit "B" and 65 such other terms, conditions or modifications as are deemed necessary and sufficient 66 by the City Manager and in a form deemed satisfactory by the City Attorney. 67 6s Further, that revenue from the sale of the Properties in the amount of 69 $140,000 shall be received and appropriated to CIP #9-060, Oceana and Interfacility 7o Traffic Area Conformity and Acquisition, of which fifty (50) percent shall be reserved for 71 the City Manager refunding the Commonwealth's portion in accordance with the grant 72 agreement. A manual encumbrance will be established to ensure that the $70,000 73 retained by the City will be available for BRAC program acquisitions in future years per 74 the agreement with the Commonwealth. 75 76 This ordinance shall be effective from the date of its adoption. 77 7s Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 9 1 1 tray of ~~,~~. , 2011. CA 11946 R-1 \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d015\p011 \00034250.doc 8/15/11 APPROVED AS TO CONTENT lic Works APPROVED AS TO CONT T ,~ Management Services APPROVED AS TO LEGAL SUFFICIENCY -~ Cify A rney' Office EXHIBIT A LEGAL DESCRIPTIONS "BUILDING SITE 1": 2245 and'/Z of 2249 London Street (GPINs 2407- 02-2264 and'/2 of 2407-02-1293) Parcel One 2245 London Street (GPIN 2407-02-2264): ALL THAT certain lot, piece or parcel of land, with the improvements thereon, together with the appurtenances thereunto belonging lying, situate and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot Forty-seven (47), as shown on the plat entitled, "Revised Plat of Gatewood Park", which said plat is duly of record in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, in Map Book 25, at page 87. LESS AND EXCEPT all right, title and interest of the Seller in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above- described property. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Christopher M. Picking and Sarah L. Sherman dated February 26, 2009 and recorded in the aforesaid Clerk's Office as Instrument Number 20090303000220530. Parcel Two 1/2 of 2249 London Street (1/2 of GPIN 2407-02-1293): The eastern one-half of that certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 46, as shown on that certain plat entitled "REVISED PLAT OF GATEWOOD PARK", which is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map 25, at Page 87. LESS AND EXCEPT all right, title and interest of the Seller in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above- described property. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from George D. Burrus, Jr., dated October 13, 2010 and recorded in the aforesaid Clerk's Office as Instrument Number 20101014001088470. "BUILDING SITE 2": 2253 and'/z of 2249 London Street (GPINs 2407-02- 1222 and '/2 of 2407-02-1293) Parcel One 2253 London Street (GPIN 2407-02-1222): ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Lot Numbered Forty-Five (45), as shown on that certain lat entitled, "REVISED PLAT OF GATEWOOD PARK," made by W.B. Gallup, County Surveyor, June 3, 1948, M.B. 25, P. 87, 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 25, at page 87. Said Lot 45 also shown on that certain plat entitled, "REVISED PLAT GATEWOOD PARK EXTD. LOCATED NEAR LONDON BRIDGE -PRINCESS ANNE CO., VA.," Scale: 1" = 200', June, 1949, W.B. Gallup, County Surveyor, 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 34, at page 16. LESS AND EXCEPT all right, title and interest of the Seller in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above- described property. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Jason Feuerhahn, LLC, a Virginia limited liability company, dated September 29, 2010 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20101008001068040. Parcel Two 1/2 of 2249 London Street (1/2 of GPIN- 2407-02-1293): The western one-half of that certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 46, as shown on that certain plat entitled "REVISED PLAT OF GATEWOOD PARK", which is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map 25, at Page 87. LESS AND EXCEPT all right, title and interest of the Seller in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above- described property. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from George D. Burrus, Jr., dated October 13, 2010 and recorded in the aforesaid Clerk's Office as Instrument Number 20101014001088470. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 2245, 2249, 2253 LONDON STREET SELLER: City of Virginia Beach PURCHASER: Cashvan Homes, LLC, a Virginia Limited Liability Company PROPERTY: 2245 London Street (GPIN 2407-02-2264) - 15,253 Square Feet 2249 London Street (GPIN 2407-02-1293) - 14,994 Square Feet 2253 London Street (GPIN 2407-02-1222) - 14,707 Square Feet These properties shall be re-subdivided into two building sites. SALE PRICE: $70,000 for each of the building sites. CONDITIONS OF SALE • Property is purchased "As Is, Where Is." • Seller shall convey the property subject to a deed restriction preventing Buyer, or ultimate owner-occupant, from participation in the APZ-1 Acquisition Program. • Seller shall convey the property with a plat restriction limiting the site to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on each building site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer shall construct the single-family dwelling units outside of the Accident Potential Zone 1 as depicted on the City's Zoning Map. • Buyer, at its own cost, shall resubdivide the Property to vacate interior lot lines. • Buyer shall deposit Five Thousand and no/100 Dollars ($5,000.00) with the Seller per building site at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. z ~ M N t0 01 N N N N ~ Nye- `' c ~, ~ ~ },NNN ~ c N r ~444~0 Wooo ° aa~~~r Q O N N N ` r c ,,~..,_; ~ ~ Z Z Z . . ' ~ ~ O ~' ~ ~ ~ O f r, ~ ~- _ .. V V ~ ~ ~ U ONZZZ ~o J U ~ ~ 0 ~ Ga~EW~~D Av W O O O ° J J J g to 01 M LL N N N N g N r N N N ~ ~,' v N ~~ ~ +-.- j ~ .a M ~ ~ g N C iG r N _~ ~ - N O ~ ~ ? ', N (~ ..,. N N N e- ~~ i N ' O ~ - ti ~ ~ C N t~ y'~rd 7.L ~--`~ m~~-ate ," -30- Item i!K.2. ORDINANCES/RESOLUTIONS ITEM # 61303 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT.• Ordinance to AUTHORIZE Bid Proposals for a long term lease of property at Murden's Corner re wireless communications Voting.• 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2011 Public Notice Notice is hereby given pursuant to an ordinance approved by the City Council on October 11, 2011, that bids shall be received for a lease of a portion of City property (Murden's Corner, GPIN 1494-69-9058) in the Princess Anne District, for the purpose of constructing, maintaining and operating wireless telecommunications facilities, including, but not limited, to antennas, connecting cables and appurtenances and accessory structures to be used in conjunction with the aforesaid facilities. Bids shall be received by the Mayor of the City of Virginia Beach at the regular meeting of the City Council, which will be held in the Council Chambers, City Hall Building, Municipal Center, Virginia Beach, Virginia, on November 22, 2011 at 6:00 p.m., and after the receiving and opening of bids, the Council will either proceed with the consideration of the ordinance awarding of the aforesaid lease or will defer the matter to a subsequent meeting. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. A descriptive notice of the ordinance awarding the lease is in the following words: AN ORDINANCE PROVIDING FOR BIDS FORALEASE OFA PORTION OF THE CITY PROPERTY (MURDEN'S CORNER) FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES A copy of the proposed ordinance, including the lease to be awarded thereby, is on file and available for inspection during normal business hours in the office of the City Attorney. Ruth Hodges Fraser, MMC City Clerk 1 AN ORDINANCE PROVIDING FOR BIDS FOR A LEASE OF 2 CITY PROPERTY (MURDEN'S CORNER) IN THE PRINCESS 3 ANNE DISTRICT FOR THE PURPOSE OF CONSTRUCTING, 4 MAINTAINING AND OPERATING WIRELESS 5 TELECOMMUNICATIONS FACILITIES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That there shall be granted, in the mode prescribed by Article 1, Chapter 21, Title 11 15.2 of the Code of Virginia, as amended, upon the conditions hereinafter specified, a 12 lease of property more fully described in the attached document entitled "Communication 13 Tower Lease Agreement (Murden's Corner), City of Virginia Beach, Lessor, and 14 ,Lessee," (GPIN 1494-69-9058) for the purpose of constructing, 15 maintaining and operating wireless telecommunications facilities, including, but not limited 16 to, antennas, connecting cables and appurtenances and for the construction, maintenance 17 and operation of an accessory building housing equipment to be used in conjunction with 18 the aforesaid facilities And necessary easements to be used in conjunction with such 19 facilities. 20 21 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 24 That upon approval of this Ordinance by the City Council, it shall be the duty of the 25 City Clerk to cause to be advertised once per week for two successive weeks, in a 26 newspaper having general circulation in the City, a descriptive notice of the proposed 27 ordinance granting such lease, and in addition the Clerk shall, by such advertisement, 28 invite bids for the privileges and rights proposed to be granted by such ordinance, which 29 bids shall be in writing and shall be delivered to the Mayor, or in the absence of the Mayor, 30 to the Vice-Mayor, in open session at the day and hour specified in such advertisement, 31 which bids shall then be presented to the City Council by the Mayor, or in the absence of 32 the Mayor, by the Vice-Mayor, to be dealt with and acted upon in the manner prescribed by 33 law. Such advertisement shall expressly reserve the right to reject any and all bids, and the 34 successful bidder shall be required to pay all costs of advertising such ordinance in 35 addition to all other sums required under such lease. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 1 thday of Oc~tnY~Pr 2011. APPROVED AS TO CONTENT ~~~ Public W ks/Facilitie Management APPROVED AS TO LEGAL SUFFICI NCY: J(~U~ce~dC City Attorney's Office CA-12002 R-1 September 28, 2011 -31- Item V.K.3. ORDINANCES/RESOLUTIONS ITEM # 61304 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, AS REVISED, BY CONSENT.• Ordinance to AUTHORIZE the City Manager to EXECUTE a long term lease of property (Forty Years) at 4153 Dam Neck Road for Little League Baseball. Representatives of Green Run Little League, Inc. d/b/a Princess Anne Little League ("GRLL') Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2011 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 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A LEASE FOR 40 YEARS FOR THE USE OF CITY PROPERTY LOCATED AT 4153 DAM NECK ROAD FOR LITTLE LEAGUE BASEBALL OPERATIONS WHEREAS, the City of Virginia Beach (the "City") is the owner of approximately 28.58 acres of undeveloped real property located at 4153 Dam Neck Road in the City of Virginia Beach (the "Property"); WHEREAS, representatives of Green Run Little League, Inc., d/b/a Princess Little League ("GRLL") have approached the City and requested permission to construct, operate and maintain a youth baseball facility on the Property; WHEREAS, the City solicited bids, as required by the Code of Virginia, for the long-term lease of the Property for the use proposed by GRLL; WHEREAS, GRLL proposes to lease the Property for forty (40) years for the purpose of the operation of a youth baseball facility; WHEREAS, City staff reviewed all bids that were submitted and determined that GRLL`s bid would be an appropriate use of the Property and would be consistent with the City's goals of promoting athletics and youth sports; and WHEREAS, City staff recommends the award of a lease of the Property to GRLL. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for the term of forty (40) years between Green Run Little League, Inc., d/b/a Princess Little League and the City in accordance with the Summary of Terms, attached hereto as Exhibit A, and made a part hereof, for approximately 28.58 acres of City-owned property located at 4153 Dam Neck Road and shown on Exhibit B, attached hereto and made a part hereof, and such other terms and conditions deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 1 thday of October , 2011. APPROVED AS TO LEGAL SUFFICIENCY AND FORM: r- f -~ ~' i City Attorney APPROVED AS TO CONTENT: ~' _ -~ R~r cs and R 'on CA11951 \\vbgov.com\DFS 1 \Applications\CirylawProd~cycom32\ Wpdocs\D007\P007\00051 132.DOC R-1 October 11, 2011 EXHIBIT A SUMMARY OF TERMS LESSOR: The City of Virginia Beach (the "City") LESSEE: Green Run Little League, Inc., d/b/a Princess Anne Little League TERM: Forty (40) years PROPERTY: Approximately 28.58 acres of undeveloped real property located at 4153 Dam Neck Road, adjacent to the existing Parks and Recreation Landscape Management facility. (Part of GPINs 1484- 36-0232, 1484-25-0076 and 1484-35-3250) as shown on Exhibit B attached hereto. RENT: One Dollar ($1.00) per year CAPITAL IMPROVEMENTS: Lessee to construct and operate a little league athletic complex, at no cost to the City, pursuant to approved conditional use permit. USE RESTRICTIONS: Property to be used for youth baseball and ancillary activities and for no other purpose. Lessee must also comply with terms of Conditional Use Permit granted by City Council on September 27, 2011. OPERATIONAL TERMS: Lessee responsible for all maintenance and upkeep of facility. Lessee responsible for all utilities associated with use of facility during the term of the lease. Operations to be substantially consistent with other little leagues currently operating on City- owned property pursuant to lease agreements. EXHIBIT B ~ ~ .., ~ ~. ~~~ ~ ~++.a x ~ :q~ , . mc` ,' ,, ; K~ ~ ~,~ ~. ; ~ .~.~ _ '~;dfy;> y r~ ~ ~- ~ :~ ,~ 9 f• j~ , t: ~ t- .. r r ~ ~ r~ r ~ if t 4~' ~~ ~.. ~ , . ~~~ ~~- ear ~'~ t ~~;' ~' ' r ~ ~ ~, ~ ~ .. ~.. ~ + ,~ ~ ~ ~ ~.,' is ~~t r _~~ ~ ..~~+~ ~'..~ F" , GREEN RUN LITTLE LEAGUE, INC. 4153 DAM NECK ROAD -APPROX. 28.58 ACRES (PART OF GPINs 1484-36-0232, 1484-25-0076 and 1484-35-3250) r 2! L~e~end Ly,~sp PrrpBrty Prr~Prty Links -32- Item V.K.4. ORDINANCES/RESOLUTIONS ITEM # 61305 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE acquisition of property on General Booth Boulevard from Bay Shore Development, LLC re open space and the Ciry Manager to EXECUTE all applicable documents Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2011 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF REAL PROPERTY 3 TOTALING 0.098 (+/-) ACRES LOCATED ON 4 GENERAL BOOTH BOULEVARD (GPIN 2427- 5 21-1158) FROM BAY SHORE DEVELOPMENT, 6 LLC s 9 WHEREAS, BAY SHORE DEVELOPMENT, LLC ("Bay Shore") is the contract to purchaser of a 0.098 (+/-) acre parcel located on General Booth Boulevard, in the City of 11 Virginia Beach, Virginia (the "Property") as further described on Exhibit A, attached hereto 12 and incorporated herein; 13 14 WHEREAS, Bay Shore is under contract to purchase the Property from Lena 15 Donnini and Paul Donnini (collectively, the "Donninis"); 16 17 WHEREAS, the City has identified the Property as a parcel to be considered for is acquisition as part of the City's Various Site Acquisitions; 19 20 WHEREAS, funding for this acquisition is available in the Various Site Acquisitions 21 CIP account (CIP 3-368); 22 23 WHEREAS, upon Bay Shore's acquisition of the Property from the Donninis, Bay 24 Shore is agreeable with conveying the Property to the City in accordance with the 25 Summary of Terms attached hereto as Exhibit B, and incorporated herein. 26 27 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 2s VIRGINIA: 29 3 0 1. That the City Council authorizes the acquisition of the Property by purchase 31 pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, which Property is 32 generally identified as GPIN 2427-21-1158 and further described on Exhibit A. 33 34 2. That the City Manager or his designee is further authorized to execute all 35 documents that may be necessary or appropriate in connection with the purchase of the 3 6 Property, so long as such documents are in accordance with the Summary of Terms 3 ~ attached hereto and made a part hereof and containing such other terms and conditions 3 s deemed necessary and sufficient by the City Manager and in a form deemed satisfactory 3 9 by the City Attorney . 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ ~ thday of 42 Octob~r2011. 43 CA11955 R-1 October 3, 2011 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d020\p010\00039171.doc APPROVED AS TO CONTENT: ~ CD.~so lic Works/Real Estate APPROVED AS TO LEGAL SUFFICIENCY: ~ ~ .,~~ City tt r ey's ffice EXHIBIT A LEGAL DESCRIPTION All that certain lot, piece or parcel of land with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 21 in Block "C" on the plat of "Rudee Heights", 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 7, at page 169. LESS AND EXCEPT that portion of the property conveyed to the City of Virginia Beach in Deed Book 3445, at page 795. IT BEING a part of the same property conveyed to A. Donnini a/k/a Adelma Donnini by Deed of Indenture of Attorney General of the United States of America, Washington, D.C. recorded in the aforesaid Clerk's Office on March 15, 1948 in Deed Book 251 at page 479. The said A. Donnini a/k/a Adelma Donnini died intestate January 10, 1973. His List of Heirs recorded as Instrument No. 20061025001619530 shows his sons, Paul Donnini and Joseph Donnini as his heirs. Joseph Donnini died testate July 10, 2006. His Will recorded as Instrument No. 20061025001619410 devised his interest in the property to his wife, Lena Maria Donnini. OWNER: BUYER: SALE PRICE: SOURCE OF FUNDS: SETTLEMENT DATE: EXHIBIT B SUMMARY OF TERMS Lena Donnini and Paul Donnini; under contract to sell to Bay Shore Development, LLC City of Virginia Beach $200,000 CIP-3-368 Various Site Acquisitions On or before ninety (90) days after (1) acquisition is authorized by Council; and (2) Bay Shore has consummated acquisition of the property from Lena Donnini and Paul Donnini. SPECIAL TERMS AND CONDITIONS: • Seller shall pay the grantor's tax and its own attorney's fees and costs. • City shall bear all other costs of closing. i z 3 r~ ~' i ~_ ,, ~\ \ `\,_, ~~ \'~~ ~~ti I~ ~~ Moog I' ° ~ i %~ ~d, ~~~sti ~~ ~ °s ~o N ti N N ~ ~~o o`er Q ~~ JO ~' ~J~ J~ /i ~. ~ ~.---_ x N om" LL O ~ o a V Lf'~ N N ,~ v aY~ ~U~ Z O N 1 O ~ N r m N o 0 N Q N N ~ a U~Z o J ~ ~ ~ a .~ ~~ ~~ ~~ 0 U g U a~ 'o a` X ~~ ~°'~~ o~ d'b,S, ~O .:~ n \~, m 0 L a c V m r a~ d J -33- Item V.K.S ORDINANCES/RESOLUTIONS ITEM # 61306 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to EXECUTE appropriate documents to accept the dedication of a conservation easement at Taylor Farm, 2599 Dam Neck Road Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None October I1, 2011 1 AN ORDINANCE TO AUTHOR[ZE THE 2 ACCEPTANCE OF THE DEDICATION OF A 3 CONSERVATION EASEMENT OVER THE 4 PROPERTY KNOWN AS THE TAYLOR FARM ~ LOCATED AT 2599 DAM NECK ROAD 6 ~ WHEREAS, Taylor Farms; LLC is the owner of the property located at 2599 Dam s Neck Road, containing 181+/- acres of property (the "Property"); 9 1a WHEREAS, Taylor Farms, LLC has offered to dedicate a conservation easement 11 (the "Easement"} aver the Property to the Gity of Virginia Beach (the "City"); ,~ 13 WHEREAS, under the terms of the Easement, other than limited activities, paths 14 and structures that are consistent with agricultural, recreational and open space uses, 1s no further development will be permitted on the Property; and 16 17 WHEREAS, acceptance of the dedication of the Easement would promote the 1s City's goals of preserving open space areas and agricultural lands. 19 20 NOW, THEREFORE, BE (T ORDAINED BY THE COUNCIL OF THE CITY OF 21. VIRGINIA BEACH, VIRGINIA: 22 23 1. That the City Manager or his designee is authorized to accept the 24 dedication of a conservation easement (fhe "Easements) over the 181 acre (+/-) parse[ 25 of real property located at 2599 Dam Neck Road (the "Property") by Taylor Farms, LLC. 26 2 ~ 2. .That the City Manager or his designee is authorized to execute any and all 2 s documents necessary or appropriate in connection with the acceptance of the 2 9 dedication of the Easement over the Property, so long as such. documents are 3 o consistent with the Summary of Terms attached hereto as Exhibit A, and made a part 31 hereof, and such other terms and conditions deemed necessary and sufficient by the 32 City Manager and in a form deemed satisfactory by the City Attorney. 33 34 Adopted by the Council of the City pf Virginia Beach, Virginia; on the 11 thday 35 of , 2011. APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney APPROVED AS TO CONTENT De o rks and Recreation CA11953 llvbgov.comlDFSllAppiicafionslGNLawProtl\cyCOm321W ptlocslDD271POD7UlOD73004.DDC R-1 September 30, 2Q11 EXHIBIT A SUMMARY OF TERMS Grantor: Grantee: CONSERVATION EASEMENT Taylor Farms, LLC The City.of Virginia Beach Property: Conservation Easement over 181 +/- acres of property located at 2599 Dam Neck Road (GPiN: 1495-74-6391) {the "Easement") Cost of Acquisition: None. Easement will be dedicated. Property Restrictions: Other than limited activities, paths and structures that are consistent with agricultural, recreational and open space uses, no further development would be permitted on this Property under.the terms of the Easement. No utilities far the benefit of other properties would be permitted to be - located on the Property. Professional timber harvesting would be prohibited. Future City Obligations: To monitor the Property and enforce the Easement terms, if necessary. p 7 ~ ~ ~ ~~ ~ ? vo~ J 0 ~ ~ ~ ~ 0 ~ ~+ z ~ O ' :~ ~ ~ Z C1 ~ y ~ ~ ~~ °' ~ D r n~ ~ ~ i a a o ,~ o~ m '-r 0 ~~;,~ .i~.'M 1~, ~d';.. y ~i -34- Item V.K.6. ORDINANCES/RESOLUTIONS ITEM # 61307 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE a temporary encroachment for NICHOLAS R. and JESSICA M. COOK to maintain an existing in-ground swimming pool and concrete deck at 5400 Menteith Court The following conditions shall be required: L 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. 2. 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 Ciry's specifications and approval and is more particularly described as follows, to wit: 3. 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. 4. 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 the Grantee will bear all costs and expenses of such removal. S. 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. 6. The City, its agents and employees, including Public Utilities, may need to inspect, maintain and repair the existing utilities and drainage system (i. e. the City's sanitary sewer system) from time to time and the Grantee shall permit the reasonable access to existing utilities and drainage system by the City and its Department of Public Utilities. 7. The Grantee waives any claims, losses, expenses or damages to the Temporary Encroachment caused by the existing utilities and drainage system, or caused by the routine maintenance and/or emergency repairs of such existing utilities against the City, its agents and employees, including the Department of Public Utilities. October 11, 2011 -35- Item V K. 6. ORDINANCES/RESOLUTIONS ITEM # 61307 (Continued) 8. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 9. The granting of the Temporary Encroachment into the Encroachment Area (i. e. the City's public drainage easement) does not absolve the Grantee's obligation to obtain any necessary or required approvals and/or permits from other public and/or private entities. 10. The Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 11. The Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 12. Prior to issuance of aright-of--way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 13. 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. 14. The Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 1 S. The Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a Registered Professional Engineer or a Licensed Land Surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a Registered Professional Engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. 16. 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 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. October 11, 2011 -36- Item V.K.6. ORDINANCES/RESOLUTIONS ITEM # 61307 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2011 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF AN EXISTING 6 PUBLIC DRAINAGE AND UTILITIES ~ EASEMENT LOCATED AT 5400 8 MENTEITH COURT, FOR NICHOLAS g R. COOK AND JESSICA M. COOK 10 11 WHEREAS, Nicholas R. Cook and Jessica M. Cook desire to maintain a portion 12 of an existing inground pool (swimming) and a portion of an existing concrete deck 13 within the City's existing public drainage and utilities easement located at 5400 Menteith 14 Court, in the City of Virginia Beach, Virginia; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Nicholas R. Cook and 24 Jessica M. Cook, their heirs, assigns and successors in title are authorized to maintain 25 temporary encroachments for a portion of an existing inground pool (swimming) and a 26 portion of an existing concrete deck within the City's existing public drainage and utilities 27 easement as shown on the map marked Exhibit "A" and entitled: "EXHIBIT "A" OF LOT 28 10, BLOCK C AMENDED PLAT OF BIRNAM WOODS PARTS 1 AND 2, SECTION OF 29 CHATHAM HALL VIRGINIA BEACH, VIRGINIA NOVEMBER 15, 2010 SCALE: 1" = 40' 3 o EXCLUSIVELY FOR NICHOLAS COOK AND JESSICA COOK," a copy of which is on 31 file in the Department of Public Works and to which reference is made for a more 32 particular description; and 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the 36 City of Virginia Beach and Nicholas. R. Cook and Jessica M. Cook (the "Agreement"), 3 ~ which is attached hereto and incorporated by reference; and 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 4 o is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as Nicholas R. Cook and Jessica M. Cook and the City Manager or his authorized 44 designee executes the Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 1 th day 47 of _ pctober -~ 2011. CA-11703 R-1 PREPARED: 9/19/11 APPROVED AS TO CONTENTS ' ~ l PUBLIC WORKS, REAL ESTA ~\a=~~ ~~ APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~ ER ASSIST NT 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 3rd day of September, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and NICHOLAS R. COOK and JESSICA M. COOK, husband and wife, THEIR 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 10, Block C", as shown on that certain plat entitled: "AMENDED PLAT OF Birnam Woods PARTS 1 AND 2, SECTION OF Chatham Hall KEMPSVILLE BOROUGH - - -VIRGINIA BEACH, VIRGINIA, prepared by ROBERT FALCON, C.L.S TALBOT & ASSOCIATES, LTD. ENGINEERS - PLANNERS -SURVEYORS SCALE: 1" = 100' DATED: 3-22-77," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 119, at page 54, and being further designated, known, and described as 5400 Menteith Court, Virginia Beach, Virginia 23464; WHEREAS, it is proposed by the Grantee to maintain a portion of an existing inground pool (swimming) and a portion of an existing concrete deck, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY PUBLIC UTILITY AND DRAINAGE EASEMENT - NO GPIN REQUIRED OR ASSIGNED) 1466-31-2294-0000; (5400 Menteith Court) WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City public drainage and utilities easement 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 exhibit plat entitled: "EXHIBIT A OF LOT 10, BLOCK C AMENDED PLAT OF BIRNAM WOODS PARTS 1 AND 2, SECTION OF CHATHAM HALL VIRGINIA BEACH, VIRGINIA NOVEMBER 15, 2010 SCALE: 1" = 40' EXCLUSIVELY FOR NICHOLAS COOK AND JESSICA COOK, prepared by ALPHATEC SURVEYORS LTD.," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a 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 the City, its agents and employees, including Public Utilities, may need to inspect, maintain and repair the existing utilities and drainage system (i.e. the City's sanitary sewer system) from time to time and the Grantee shall permit the reasonable access to existing utilities and drainage system by the City and its Department of Public Utilities. It is further expressly understood and agreed that the Grantee waives any claims, losses, expenses or damages to the Temporary Encroachment caused by the existing utilities and drainage system, or caused by the routine maintenance and/or emergency repairs of such existing utilities against the City, its agents and employees, including the Department of Public Utilities. 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 3 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 granting of the Temporary Encroachment into the Encroachment Area (i.e. the City's public drainage easement) does not absolve the Grantee's obligation to obtain any necessary or required approvals and/or permits from other public and/or private entities. 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 prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 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 4 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 the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 5 IN WITNESS WHEREOF, Nicholas R. Cook and Jessica M. Cook, the said Grantee, have caused this Agreement to be executed by their signatures. 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) 6 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 2011, 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 2011 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) 7 l-~' sy~~ • olas R. ok, Owner By sica M. ok, vvner y Her Attorney-In-Fact, Nicholas R. Cook STATE OF •. CITYfE-1LOR' ha~,,~n~~ l~~ , to-wit: The foregoing instrument was acknowledged before me this ...3~ day of ,r , 2011 by Nicholas R. Cook. 4z ~ ~ U() ota Public `\`~~~ ~ ~ ~ ~ ~ ~ A I R 8 , ~ N ~ ~ ~ i i iii ~, Notary Registration Number: 702 ~ `~ `-f~ ~ . oc io aoo,~`' <; ~¢ .~ s`~~,Q~S ,2e W My Commission Expires: 7 " 3 ~ -~(~ 1 ~ • QF v ~, STATE OF Y i^r '' i CITY/~l`C~FF , to-wit: The foregoing instrument was acknowledged before me this ~ day of ~, S ~~ ~; 2011, by Jessica M. Cook, by her Attorney-In-Fact, Nicholas R. Cook. ~y Nota Public Notary Registration Number: ~ ~~ ~~-~-~ ~ ~ ~Q~~,~-b~N~~J,98,~ _; a~;vb '~l,;•Z * : REG. N0, S? N My Commission Expires: ~ ' ~~ y Z ~ ~ Z ~EXP1gES0721~ Z : of-2o~t: ~k 8 ~~~ ~'~RG~N~~P~ APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~~ SIGNATURE DA; A'R. H E ER, - -ASSISTA CITY ATTORNEY DEPARTMENT °~1 ~~ ~( NOW OR FARMERLY Lor ~ BLOCx c AARON & do All~l[f L BtI7LER AM1SIRr/AIENT NUMBER GPdV 1466-31-3348 ~~~~ NOW OIR FORII~RLY LOT 4; BLAQK C G1LB£RR7 P. ~1810E5 OEFD 610AyC 472Q PAGE 821 CPtlV 1488-31-3371 Now aR r LOT ~ BLO(YC C ROBERT Y ~ BARBARA .4 GRAY DEID BOOK 2895, PAG£ 2175 GPIV 1666-31-3294 S 2072'42' E L16Q00' ~ ElUSI1NG 5' 1)RAWAf~~ -' - _ - -'. ~ - ~ \ AAO utxlnoES EA~rT E~as~1NG \ MAP BOOK 119, PAGE 54 iNGROUND \ POOL Z \ I ~x y EXISTING LOT ~ ~~ `3 _ _COIJCR~TF N \ ~ EXI57JNG ~ ~~+= \ _ J 7iV0 STORY ~ coT~9, eLOa~ cY ~~ ~ ~ eR~ au~c~nrFxa~F ~, ,~ ~ ~' N+ISTRUMETVT NLWBER 2O02J10?3OT1988 GPlhi 1466-31-2341 ~~. ~~ ~, y. S~ LEGEND --.--r mae of w~vsa~x- I \ r~(~ s'~ --.moo. COU9T (SO• RJGxT of wAY) • ~~ 40' a' 40' ~o' a>Ae axm ~ «,~ NTH p~,, aROrQrn tJNE { ~) EXHIBIT "A' ~.~~~ ~ ~ ~ Pm~. ~ 11/15/2010 ___._ ' "~ LOT 10, BLOCK C R°°cF> ~ ~ ~~ aMEnrDEn PL4 r v° JOHN F. HIIL, JR. ~`~ ,~ of u~. xo. .~-H B/RIVAM WOODS ~~ . PARTS 1 ANO 2, SECTlOIJ of CHATHAM HALL ~ VIRGINIA BEAC7.1, VIRGINIA NOVEMBER 15, 2010 SCALE 1 X40' ~q~D ~ EXCLUSIVELY FOR SURy~ NK~f~OLAS COOK AND JESSICA COOK 8 U R- V E Y O R 8 L T D. 5637 PRONpENCE Rra11D VBiGNA BEACH, VA 23164 IEL: (737) 963-3281 FAX: (75~ si63-5262 r ~,~10 NOW AR FORli~.Y cor z BLOCK c JACK Q ~ AHGAAALIA f: ClARK IAISTI7UNIEAIT NUA~ER GPAV 1466-31-4135 E:YLSAAfG 21K;Fi0(HJO POQL EAIp?LMIQ'G~NT AREA i f5 5Q FT.f E~rsn~vc ctiwc~~ ENCrroACrr AREA ~ 324 SQ. FT.t NOW OR fQR~VERLY LOT ti, 6LOpC C ! f RLRfRT .L ~ BETTY 1~ HANS~1. DEED b00K 235q PAi,~ 1951 GPNV 1466-31 2193 GENERAL POWER OF ATTORNEY PREAMBLE: This is a MII.TTARY POWER OF ATTORNEY prepared pursuant to Title 1Q, United States Code, § 1044b, and executed by a person authorized to receive legal assistance from the military services. Federal law exempts this power of attorney from any requirement of form, substance, formality, or recording that is prescribed for powers of attorney by the laws of a state, the District of Columbia, or a territory, commonwealth, or possession of the United States. Federal law specifies that this power of attorney shall be given the same legal effect as a power of attorney prepazed and executed in accordance with the laws of the jurisdiction where it is presented. KNOW ALL PERSONS BY THESE PRESENTS: That I, JESSICA MARIE COOK ("Grantor" or "Principal"), currently residing at 5400 MENTEITH COURT, VIRGINIA BEACH, VA 23464, by this document do make and appoint NICHOLAS RYAN ORENDA COOK ("Grantee", "Agent" or "Attorney-in-Fact"), whose address is 5400 MENTEITH COURT, VIRGINIA BEACH, VA 23464, as my true and lawful Attorney-in-Fact, GRANTING unto my said Attorney full power to do and perform all acts whatsoever concerning my property and personal affairs necessary as I might do or could do if personally present, including but not limited to: 1. REAL PROPERTY TRANSACTIONS: (a) To buy, contract to buy, receive, lease or otherwise acquire real estate or any options therein or interest therein; (b) to sell, contract to sell, mortgage, lease, grant options to purchase or otherwise dispose of any or all real estate in which I now have or may hereafter acquire any right, title, or interest; (c) to sign, execute, acknowledge and deliver any and all instruments as may be necessary or convenient; including such term and conditions and such warranties and convenience, if any, as my Attorney-in-Fact shall deem advisable; and (d) to arrange, repair, alter or improve any real estate or structure therein owned by me in whole or in part, and to protect the same by action, proceeding or otherwise, including, but not limited to, the recovery of possession thereof and the removal of tenants or other persons, animals or objects therefrom. 2. PERSONAL PROPERTY TRANSACTIONS: (a) To buy, sell, lease, contract for the repair of, and in any manner deal with any and all personal property, tangible or intangible, which I may own or which I now have or hereafter may acquire any right, title or interest; (b) to execute and deliver to the proper authority any and all documents necessary to effect the proper registration and licensing of any automobiles in which I now or may hereafter have an interest; and (c) to take possession and order the removal and shipment of any of my property from or to any warehouse or other place of storage, safekeeping, or use, and to execute and deliver any receipt of other instrument necessary or convenient for such purpose. 3. BUSINESS TRANSACTIONS: (a) To demand, sue for, recover, receive, compromise, settle, adjust and pay all accounts, legacies, bequests, interest, dividends, annuities, demands, debts, taxes and any and all other obligations, which may now or hereafter be due, owing or payable by or to me; (b) to carry on and transact every kind of business on my behalf, including, but not limited to, transactions concerning any and all investments; (c) to invest and reinvest and exchange investments, and to execute and deliver good and sufficient instruments for the accomplishment thereof; and (d) to act as my attorney or proxy with respect to any stocks, shares, bonds or other investments, rights or interests as I may now or hereafter hold. 4. BANKING TRANSACTIONS: (a) To deposit or withdraw for any purpose in or from any bank or other fmancial institution, any funds, checks or other credits which I now or hereafter may have on deposit or be entitled to, and to endorse, cash and receive the proceeds of any and all checks, vouchers, Naval Legal Services Office, Mid-Atlantic, Legal Assistance Office, 9620 Maryland Avenue, Norfolk, VA 23511 GENERAL POWER OF ATTORNEY or other orders from money, to open or close accounts, and to receive statements, vouchers, notices or other documents from any bank or other fmancial institution concerning any and all accounts or bank transactions in my name or in which I may have an interest; (b) to have access for all purposes to any or all safety deposit boxes or vaults rented in my name or in the names of any other person or persons and myself, with full power to use the same for safekeeping any property or papers and to remove therefrom at any time, or from time to time, all or any part of the contents of any such box or vault; (c) to borrow money, including the use of my Veterans Administration/ Department of Veterans Affairs entitlement, and (d) to execute in my name any instrument evidencing indebtedness incurred on my behalf and to extend and renew the same, as well as any indebtedness heretofore incurred by me, for the payment of which I may in any way be liable. 5. TAXES: (a) To prepare, sign and file income (including IRS Forms 1040, 1040A, 1040ES, 1040EZ, 1040X and schedules thereto), gift tax (IRS Form 709), extensions of time (IRS Forms 4868 and 2688), and all other federal, state or local tax returns, requests and declarations of estimated tax required to be made by me by law for tax years 1998-2050; (b) to represent and act for me in all tax matters in dispute or litigation; (c) to receive, endorse, and collect checks in settlements of any refund or taxes; (d) to file claims for abatement, refund or credit taxes; (e) to make any adjustments or amendments; (f) to prepare, sign, and file any power of attorney (including IRS Form 2848) appointing my agent or a person selected by my agent as my representative before the Internal Revenue Service, state or local taxing authority; (g) to inspect or review any tax or information return; and (h) to sign any and all receipts, waivers, settlements or agreements pertaining to all income or other taxes assessed against me or my property. 6. GOVERNMENT DOCUMENTS, VOUCHERS AND CHECKS: (a) To execute, sign and deliver any and all government reports, applications, requests, vouchers and demands on my behalf, including, but not limited to, those for any and all allowances and reimbursements properly payable to me by the United States such as for transportation of dependents or for the shipment of household effects or other property as authorized by law or regulations; and (b) to receive, endorse and collect the proceeds of checks payable to my order drawn on the Treasurer of the United States for whatever account. 7. INSURANCE TRANSACTIONS: (a) To pay the premiums on, terminate, or execute any rights on any contract of insurance presently owned by me or hereafter acquired; (b) to procure different or additional contracts of insurance on my life or with respect to protecting me or my property from ill health, disability, accident, liability or loss; (c) to apply for, and receive any loan on the security of any contract of insurance, to surrender and receive the cash surrender value, to exercise any election and conversion rights, and to demand, receive or obtain any money, dividend, or other thing of value to which I am or to which I may become entitled such as the proceeds or other return or profit arising out of any contract of insurance or of any one or more of the insurance transactions herein enumerated. 8. PERSONAL TRANSACTIONS: To do all acts necessary for maintaining the customary living standards of my dependents, including by way of illustration but not limitation, provision of such living quarters and their maintenance and operation, food, clothing, medical, surgical and dental care, educational facilities and other incidentals to which my dependents are accustomed. Naval Legal Services Office, Mid-Atlantic, Legal Assistance Office, 9620 Maryland Avenue, Norfolk, VA 23511 2 GENERAL POWER OF ATTORNEY 9. GIFTS: (a) To make gifts, outright or in trust, of my property to or for the benefit of such persons as, in the opinion of my Attorney-in-Fact, would be the donees I might choose, having in mind the resources, both public and private, available for my care after the making of such gifts, and having in mind the objective of preserving the largest amount of my property for my family as a whole; and (b) I authorize my Attorney-in-Fact to consent to splitting gifts with my spouse, if I am married, so that the annual exclusions, unified credits, and generation-skipping transfer tax exemptions and exclusions of both my spouse and myself maybe used. Notwithstanding the foregoing, any gifts that are made to my Attorney-in-Fact, or to the creditors of my Attorney-in-Fact, or to the estate of my Attorney-in-Fact, or to the creditors of the estate of my Attorney-in-Fact, pursuant to the foregoing power, in no event shall exceed in aggregate the greater of $5,000 or five percent of all assets subject to this power in a given calendar year, on anon-cumulative basis. 10. REPRESENTATION AND EMPLOYMENT OF ASSISTANCE: (a) On my behalf and in my name or the name of my Attorney-in-Fact, to institute, prosecute, appear in, defend, compromise, arbitrate, settle, or dispose of any legal, equitable or administrative hearings, actions, suits, attachments, claims or other proceedings, to which I am or may become a party or in which I have an interest, and to engage and dismiss counsel in connection therewith, authorizing my Attorney in-Fact to assert or to waive any or all rights, privileges and defenses available to me under the Soldiers' and S'ailors' Civil Relief Act or other legislation designed for the protection of personnel in the armed forces or their family members; (b) to hire, engage, employ and appoint agents, employees and counsel upon such terms and conditions and at such compensation as my said Attorney-in-Fact shall deem proper in the exercise of the powers herein granted; and (c) to dismiss and remove at pleasure any such agents, employees and counsel as well as any agents, employees and counsel heretofore or hereafter employed by me or on my behalf. 11. MISCELLANEOUS: (a) To sign, seal, acknowledge and deliver any instrument necessary to accomplish any of the powers herein granted; and (b) to modify, reform, renegotiate or rescind any contract or obligation heretofore or hereafter made by me or on my behalf. 12. ENFORCEMENT: My Attorney-in-Fact is authorized to initiate any litigation that may be necessary in order to cause third parties to recognize the validity of this Power of Attomey and to seek damages, including punitive damages, for injury to me or my estate because of any such non- recognition or non-acceptance. GENERAL PROVISIONS: (a) All business transacted hereunder for me or for my account shall be transacted in my name, and all endorsements and instruments executed by my Attorney-in-Fact for the purposes of carrying out any of the foregoing powers shall contain my name, followed by that of my said Attorney-in-Fact pursuant to this Power of Attorney; (b) I hereby ratify and confirm all lawful acts done and caused to be done by my said Attorney-in-Fact pursuant to this Power of Attorney; (c) If the authority contained therein shall be revoked or terminated by operation of law without notice, I hereby agree for myself, executors, administrators, heirs and assigns, in consideration of my Attorney-in- Fact's willingness to act pursuant to this Power of Attorney, to save and hold my Attorney-in-Fact harmless from any loss suffered or any liability incurred by my Attorney-in-Fact in so acting after such revocation or termination without notice; and (d) My Attorney-in-Fact shall have access to and may take possession of my will, trust agreements, deeds, life insurance policies, account statements, contracts, and other such documents. Naval Legal Services Office, Mid-Atlantic, Legal Assistance Office, 9620 Maryland Avenue, Norfolk, VA 23511 3 GENERAL POWER OF ATTORNEY TERMINATION: This power shall remain in full force and effect until 1 JAN 2012, unless sooner revoked or terminated by me. Notwithstanding my insertion of a specific expiration date herein, if on the above specified expiration date I shall be or have been, carried in a military status of "missing," "missing-in-action" or "prisoner of war," then this Power of Attorney shall automatically remain valid and in full effect until sixty (60) days after I have returned to the United States Military control following termination of such status. This power of attorney shall not be affected by the disability of the Grantor/Principal. IN WITNESS WHEREOF, I have hereunto set my hand and seal on this day, 13 APR 2011. D antor's Signature ACKNOWLEDGEMENT BY NOTARY PUBLIC COMMONWEALTH OF VIRGINIA, AT LARGE, SS. The foregoing instrument was acknowledged before me, by JESSICA MARIE COOK on 13 APR 2011. ,. ., J ~t~~~<~ u r unr>>i~ ~ , 1a ~~ ~~Notary Public ''~ *~.•~'~ `~~..~,- _ ~ - G/STC~ Jr y: ~ ,'lq/~ • Print Name ~ ~~° 2 Eka ~••. c;~ '~'~ or4 `~~~ Notary Registration No# f fir, \\,. ~` ~~' • •~ ~~`~°""''~ ~ • ~ ~ • r }, p L1~ \~: if, My commission expires: ~ J \\ j ' ~~;,,;,r~~~,,,,•,~~' ACKNOWLEDGEMENT BY MILITARY NOTARY PUBLIC COMMONWEALTH OF VIRGINIA, AT LARGE, SS. The foregoing instrument was acknowledged before me, by JESSICA MARIE COOK, on 13 APR 2011. I do further certify that I am a person in United States Armed Forces authorized the general powers of a Notary public under Title 10 U.S.C. I044a and JAGMAN Chapter IX. Signature NO SEAL REQUIRED Print Name, Rank, Service Naval Legal Services Office, Mid-Atlantic, Legal Assistance Office, 9620 Maryland Avenue, Norfolk, VA 23511 4 T Legend ® Encroachment Area -- ----- Easement 1466-31-2294 ~--~-_ paetl Dy P. W./f.g iErq. suyport seMga Bureau Wlt52011 \. LOCATION MAP ENCROACHMENT REQUEST FOR Nicholas R. Cook 8 Jessica M. Cook 5400 Menteith Court GPIN 1466-31.2294 Feet s ~ 6o~E `/ EpSFr,~NT -37- Item V.K. 7. ORDINANCES/RESOLUTIONS ITEM # 61308 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT.• Resolution to AUTHORIZE the Hampton Roads Regional Water Supply Plan submission to the Virginia Department of Environmental Quality Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2011 1 A RESOLUTION APPROVING THE HAMPTON ROADS 2 REGIONAL WATER SUPPLY PLAN FOR SUBMISSION TO 3 THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL 4 QUALITY 5 6 7 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH: 9 10 WHEREAS, pursuant to Virginia Code §62.1-44.38:1, local governments are 11 required to undertake a comprehensive water supply planning process for the 12 development and establishment of a water supply plan; and 13 14 WHEREAS, Virginia State Water Control Board Regulation 9 VAC 25-780 (Local 15 and Regional Water Supply Planning) requires all counties, cities and towns in the 16 Commonwealth of Virginia to prepare and submit a water supply planning program to 17 the Virginia Department of Environmental Quality; and 18 19 WHEREAS, the City of Virginia Beach is part of the Hampton Roads Regional 20 Water Supply Plan, which also includes the Counties of Gloucester, Isle of Wight, 21 James City, Southampton, Surry, and York, the Cities of Chesapeake, Franklin, 22 Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, and Williamsburg, 23 ~ and the Towns of Boykins, Branchville, Capron, Claremont, Courtland, Dendron, Ivor, 24 Newsoms, Smithfield, Surry, and Windsor; and 25 26 WHEREAS, the Hampton Roads Regional Water Supply Plan (the "Plan") was 27 developed in accordance with the State Water Control Board Regulations; and 28 29 WHEREAS, the City Council has held a public hearing concerning the Plan, 30 pursuant to the applicable regulations; 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF VIRGINIA BEACH: 34 35 That the City of Virginia Beach hereby adopts the Hampton Roads Regional 36 Water Supply Plan and approves the plan for submittal to the Virginia Department of 37 Environmental Quality. 38 39 Adopted by the City Council of the City of Virginia Beach, Virginia, this 1 1 t-h 40 day of October , 2011. APPROVED TO CONTENT: ' (~~~ ~ Public Utilities CA12042 R-1 September 21, 2011 APPROVED AS TO LEGAL SUFFICIENCY: `/ U~ ' City Attorney's Office -38- Item V.K.8.a/b ORDINANCES/RESOLUTIONS ITEM # 61309 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinances to ACCEPT and APPROPRIATE grants: a. $25, 000 from the Department of Emergency Management to Police re a shallow water boat b. $1,133, 078 from the Federal Emergency Management Agency (FEMA) for continuation of the Virginia Task Force 2, Urban Search and Rescue Team Voting.• 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None October 11, 2011 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO THE FY 2011-12 OPERATING BUDGET OF THE POLICE 3 DEPARTMENT TO PURCHASE A SHALLOW WATER 4 VESSEL FOR THE MARINE PATROL 5 6 7 8 9 10 11 12 13 14 15 16 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: $25,000 is hereby accepted from the U.S. Department of Homeland Security through the Virginia Department of Emergency Management and appropriated, with estimated federal revenues increased accordingly, to the FY 2011-12 Operating Budget of the Police Department to purchase a shallow water vessel to enhance the response capabilities of the Police Department's Marine Patrol to provide security zone enforcement, patrol, interdiction, search, rescue, and safeguarding the commercial and recreational boaters that access local waters. 2. The equipment purchased with these grant funds is not guaranteed to be replaced by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 1 th day of October 2011. Requires an affirmative vote by a majority of all of the elected members of City Council. APPROVED AS TO CONTENT o~ ' lam(. - ~`> /~5,~~~~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: ity ey's Office CA12046 R-1 September 28, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM FEMA FOR CONTINUED OPERATION OF THE VIRGINIA TASK FORCE 2 URBAN SEARCH AND RESCUE TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1) Funds are hereby accepted from the U.S. Department of Homeland Security, Federal Emergency Management Agency for the FY 2011-12/2012-13 Cooperative Agreement Grant for continued operation of the Virginia Task Force 2 Urban Search and Rescue Team in the amount of $1,133,078, and appropriated, with estimated federal revenues increased accordingly to the FY 2011-12 Operating Budget of the Fire Department. 2) That 3.25 positions, including two full-time positions (FEMA Program Manager and Account Clerk) and two part-time positions (Training Manager and Logistics Manager totaling 1.25 FTE'S), are approved and maintained in the FY 2011- 12 and FY 2012-13 Operating Budgets of the Fire Department, provided, however, that these positions are conditioned upon continued grant funding for the duration of the grant. Adopted by the Council of the City of Virginia Beach, Virginia on the 11th day of nr-tamer , 2011. Requires an affirmative vote by a majority of all of the elected members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .~ t~, f - tA. ~ ~' Management Services Cit y' ffi e CA12053 R-1 October 6, 2011 i Item V.L. PLANNING 1. JOSEPHINE B. ADAMSON -39- ITEM # 61310 2. APRIL HABIT and VICTOR M. and BARBARA A. WEST 3. C & C DEVELOPMENT, COMPANY, INC. AND R. GILES CLEMENT 4. OCEAN TRACE CONDOMINIUMASSOCIATION INC. S. SUPER HOLLAND ASSOCIATES; LLP/HIF, LLC; HIC, LLC and MACH ONE, LLC 6. FIVE COLUMBUS CENTER, LLC 7. FRESH WORLD VA-B, INC. /KROGER LIMITED PARTNERSHIP 8. CITY OF VIRGINIA BEACH CONVERSION TO NONCONFORMING USE ENLARGEMENT OFA NONCONFORMING USE VARL4NCE MODIFICATION OF PROFFERS (CONDITIONAL REZONING Approved January 25, 2011) MODIFICATION OF Condition #1 (approved by City Council April 11, 1995) CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT AMEND §I07 of the City Zoning Ordinance (CZO) re "notice" to Condominiums and Cooperatives October 11, 2011 -40- Item V.L. PLANNING ITEM # 61311 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION, Items 1, 3, 4, 5 , 6 (AMENDED), 7 and 8 of the of the PLANNING BY CONSENT AGENDA Item 6 was ADOPTED, AS AMENDED (By Deleting Condition No. 2) Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Barbara M. Henley and William R. "Bill" DeSteph voted a Verbal NAY on Planning Item No. 8 (Ordinance for the CITY OF VIRGINL4 BEACH to AMEND §107 of the City Zoning Ordinance (CZO) re "notice" to Condominiums and Cooperatives) October 11, 2011 -41- Item V.Ll. PLANNING ITEM # 61312 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED/CONDITIONED, BY CONSENT, application of JOSEPHINE B. ADAMSONfor conversion of a Nonconforming Use from a duplex to a single family dwelling at 201 81S' Street BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Resolution upon application of JOSEPHINE B. ADAMSON for conversion of a Noncon orming Use from a duplex to a single family dwelling at 201 81'` Street GP/N 2419596096. (DISTRICT 5 - LYNNHAVEN) The following conditions shall be required.• 1. Renovations and additions shall adhere to the submitted elevations "Adamson 201 Sl s` Street Proposed Project ". Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The structure labeled "One (1) story frame #201 ", as depicted on the submitted physical survey of Lot 6, Block 4, Cape Henry, Section D shall be converted into a single family dwelling. The attic apartment shall be removed. 3. The applicant shall obtain all necessary permits and inspections and a certificate of occupancy from the Permits and Inspections Division of the Planning Department. Voting: I 1-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2011 1 A RESOLUTION AUTHORIZING THE 2 CONVERSION OF A NONCONFORMING 3 USE ON PROPERTY OWNED BY 4 JOSEPHINE ADAMSON AND LOCATED AT 5 201 81ST STREET 6 7 8 WHEREAS, Josephine Adamson, (hereinafter the "Applicant") has made 9 application to the City Council for authorization to convert a nonconforming use having 10 the address of 201 81St Street, in the R-5R, Residential District, by converting a 11 nonconforming duplex into asingle-family dwelling; and 12 13 WHEREAS, there are three dwelling units (a duplex and garage apartment) on 14 the same parcel which is not allowed in the R-5R Zoning District; and 15 16 WHEREAS, the three dwelling units were constructed prior to the adoption of the 17 applicable zoning regulations and are therefore nonconforming; and 18 19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 20 conversion of a nonconforming use is unlawful in the absence of a resolution of the City 21 Council authorizing such action upon a finding that the proposed use, as enlarged, will 22 be equally appropriate or more appropriate to the zoning district than is the existing use; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby finds that the proposed use, as converted, will be 28 equally appropriate to the district as is the existing use under the conditions of approval 29 set forth hereinbelow. 30 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 32 BEACH, VIRGINIA: 33 34 That the conversion of the nonconforming use is hereby authorized, upon the 35 following conditions: 36 37 1. Renovations and additions shall adhere to the submitted elevations "Adamson 38 201 81St Street Proposed Project". Said plan has been exhibited to the Virginia 39 Beach City Council and is on file in the Planning Department. 40 41 2. The structure labeled "1 story frame #201 ", as depicted on the submitted physical 42 survey of Lot 6; Block 4 Cape Henry Section D shall be converted into a single 43 family dwelling. The attic apartment shall be removed. 44 45 3. The applicant shall obtain all necessary permits and inspections and a certificate 46 of occupancy from the Permits and Inspections division of the Planning 47 Department. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 1 th day 50 of OctnhPr , 2011. APPROVED AS TO CONTENT -- Planning epartment CA12050 R-1 September 28, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office -42- Item i!L2. PLANNING ITEM # 61313 Randall Barber, 1609 Gum Bridge Road, Phone: 721-4035, registered in OPPOSITION and, advised he admired the applicants and shopped there, but believes the shop is in the wrong location. This area is basically a communion of houses and one of the oldest Methodist Churches in the southern part of Virginia Beach. Maureen Anderson, 4188 Gum Bridge Court, Phone: 721-9687, registered in SUPPORT. She and her husband run a small family farm on 30 acres, approximately a mile from the applicant's property. The applicants do support other local businesses. Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council APPROVED/CONDITIONED, application of APRIL HABIT and VICTOR M. and BARBARA A. WEST for enlargement of a Nonconforming Use to allow the sale of food and beverages, outside picnic tables, and changed hours of operation at 4100 Charity Neck Road (GPIN 2411631692). (DISTRICT 7 -PRINCESS ANNE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Resolution upon Application of APRIL HABIT and VICTOR M. and BARBARA A. WEST for enlargement of a Nonconforming Use to allow the sale of food and beverages, outside picnic tables, and changed hours of operation at 4100 Charity Neck Road (GPIN 2411631692). (DISTRICT 7 - PRINCESSANNE) The following conditions shall be required: 1. 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. 2. Hours of operation shall be limited to between 6: 00 A.M. to 9: 00 P.M. Monday through Sunday. Voting.• 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Yice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood C:`ouncil Menthers Voting Nay: None Council Merr~tbers Absent: None October 11, 2011 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 USE ON PROPERTY OWNED BY VICTOR 4 AND BARBARA WEST AND OPERATED BY 5 APRIL HABIT AND LOCATED AT 4100 6 CHARITY NECK ROAD 7 8 WHEREAS, April Habit, (hereinafter the "Applicant") has made application to the 9 City Council for authorization to enlarge a nonconforming use having the address of 10 4100 Charity Neck Road, in the AG-2, Agricultural District, by allowing the sale of food 11 and beverage from the existing craft and antique shop and expanding its operating 12 hours; and 13 14 WHEREAS, retail uses are not presently allowed in the AG-2 Zoning District. 15 However, retail uses are presently operated on the lot and have been so operated on 16 the lot prior to the adoption of the applicable zoning regulations and are therefore 17 nonconforming; and 18 19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 20 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 21 City Council authorizing such action upon a finding that the proposed use, as enlarged, 22 will be equally appropriate or more appropriate to the zoning district than is the existing 23 use; 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Council hereby finds that the proposed use, as enlarged, will be 29 equally appropriate to the district as is the existing use under the conditions of approval 30 set forth hereinbelow. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA: 34 35 That the enlargement of the nonconforming use is hereby authorized, upon the 36 following conditions: 37 38 1. The applicant shall obtain all necessary permits and inspections from the 39 Planning Department / Permits and Inspections Division and the Fire 40 Department. The applicant shall obtain a Certificate of Occupancy for the 41 change of use from the Building Official. 42 43 2. Hours of operation shall be limited to between 6:00 a.m. to 9:00 p.m. Monday 44 through Sunday. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 1 +-h day 47 of October , 2011. i•~r~ I _tl? w ~^ ~ ~ ~-pr~~ naA~~ _~ ~ _ ~ - ~ ~ A 2 n =~ ~ ~ r_ ,~,~ ;: _j ~ _ _` ,~,1 ~~ ('- i'. AG2;~ `~ _, p=i AG2 Non-Conforming Use ZONING HISTORY # DATE REQUEST ACTION 1 09/14/2010 Nonconformin Use Granted 2 11/12/2002 Conditional Use Permit church addition Granted 3 11/14/1995 Subdivision Variance Granted '~ T ~ ~~ ~ ~ ~~ t -43- Item i!L3. PLANNING ITEM # 61314 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED/CONDITIONED, BY CONSENT, application of C & C DEVELOPMENT COMPANY, INC. and R. GILES CLEMENT for a Variance to ,¢4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 415 49`" Street (GP/N 2418785267). BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordnance upon Application of C & C DEVELOPMENT COMPANY, INC. and R. GILES CLEMENT for a Variance to ~¢4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 415 49`" Street (GPIN 2418785267). DISTRICT S- LYNNHAVEN The following conditions shall be required: 1. When the property is redeveloped, it shall be in substantial conformance with the Conceptual Plan, entitled, "Single Family Site Plan Exhibit In RPA, Proposed Lots 235A & 236A "prepared by WPL, dated August 31, 2011, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. When the dwellings are constructed, they shall be limited to two (2) single family homes, no higher than thirty-five (35) feet and shall be constructed in substantial conformance with the elevations entitled, "C and C Development Elevations, Lot 235A & 236A, "prepared by Caroll Johnson, dated August 31, 2011, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 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 Eleventh day of October, Two Thousand Eleven Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2011 -44- Item V.L4. PLANNING ITEM # 6131 S Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED/PROFFERED, BY CONSENT, Ordinance upon application OCEAN TRACE CONDOMINIUM ASSOCIATION, INC. re Modi rcation o the Proffers of a Conditional Rezoning (approved by City Council January 25, 2011) to allow conversion of a building to Affordable Housing at Old Virginia Beach and Birdneck Roads. (GPIN.• part of 2417473777) (DISTRICT 6 -BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of OCEAN TRACE CONDOMINIUM ASSOCIATION, INC., Modi rcation of a Conditional Chan~of Zoning, Old Virginia Beach Road, west of Birdneck Road (GPIN: part of 2417473777). Comprehensive Plan - Suburban Area, Density 14.6 DU/acre. (DISTRICT 6 -BEACH The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eleventh day of October, Two Thousand Eleven Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2011 i^'~1.11A • BFA ~' rip ~ ' ~ ° ~ ~ _ ,-, , G :~ ~: 2 y5 ~ 3 ~ ~~~ 9~~ i w O ~~~~ 04. a ~ A' `C u OF DUR NPt\~ .1 In Reply Refer To Our File No. DF-8152 TO: Mark D. Stiles 4 FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: September 28, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Ocean Trace Condominium Association, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 11, 2011. I have reviewed the subject proffer agreement, dated July 21, 2011 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 FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS OCEAN TRACE CONDOMINIUM ASSOCIATION, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 21St day of July, 2011, by and between OCEAN TRACE CONDOMINIUM ASSOCIATION, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Beach District of the City of Virginia Beach, Virginia, containing approximately 4.i9o acres, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is hereinafter referred to as the "Property"; and WHEREAS; the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated August 30, 2oio and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument #2o1io131oooio358o (hereinafter "2oio Proffers"), to reflect amendments applicable to the land use plan on the Property; and GPIN: 24i~-47-377-0000 (Part of) Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 28i Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and- that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro ,quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: i. The Property is developed as a residential condominium currently containing forty-eight (48) residential units and a twelve (i2) unit residential apartment building on "additional land", as depicted on PARCEL "B" upon that exhibit entitled, "PRELIMINARY RESUBDIVISION OF ~.6~ AC. PARCEL Resubdivision of Property owned by BIRDNECK DEVELOPMENT PARTNERSHIP AND PROPERTY OF OCEAN TRACE, L.C.", dated July 20, 2oi1, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file ~n~ith the Virginia Beach Department of Planning (the "Concept Plan"). 2 2. Within two (2) years from the recordation of this First Amendment to Proffered Cove~~ants, Restrictions and Conditions in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, the existing building on PARCEL "B", designated "BLDG. iioo" on the Concept Plan, shall be renovated, refurbished and added to the residential condominium. As a result, the maximum number of residential condominium units on the Property shall be sixty (60}. 3. Upon its recordation, this First Amendment to Proffered Covenants, Restrictions and Conditions shall be deemed to replace and supersede the 2oio Proffers. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed.: The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, V rginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a .certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, i95o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (i) ~ The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such 3 conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; {z) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors. shall petition the governing body for the review thereof prior to instituting proceedings in court; and C4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions maybe made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Ocean Trace Condominium Association, Inc., a Virginia corporation '' James STATE OF VIRGINIA CITY/COLTNT'Y OF ' "` ~ "~' ~ ; ~ ~~ Jr., President to-wit: The foregoing instrument was acknowledged before me this ~ ~ ,5-r day of July, 2o1r, by James B. Farinholt, Jr., President of Ocean Trace Condominium Association, Inc., a Virginia corporation, Grantor. Notary Public 11~y Commission Expires: J (~ ~ ~ z ~ ' .-t- Notary Registration No.: 2--t-y 3 `~ 7 . .. - r ~Y N ' ~G. #249397 e ~'~'COMMISSION Q ~~ r~ 2; ••........•°~SQ'er t~ ~~ ~F..as~'~ 5 EXHIBIT "A" LEGAL DESCRIPTIQN EASTERN PORTION OF 7.67 ACRE PARCEL RECORDED ON PLAT RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF VIRGINIA BEACH ENTITLED "RESUBDIVISION OF PROPERTY OWNED BY BIRDNECK DEVELOPMENT PARTNERSHIP, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VA, DATED JUNE 5, 1986", PREPARED BY MILLER-STEPHENSON & ASSOCIATES, PC, AND RECORDED IN DEED BOOK 2515 P. 2285-2287. Being more particularly described as: BEGINNING AT A PIPE ON THE SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD, SAID PIPE BEING THE NORTHWEST CORNER OF PROPERTY OF (NOW OR FORMERLY) OVBB, L.L.C. AS DESCRIBED IN A DEED RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF VIRGINIA BEACH, VA IN DEED BOOK 4262 PAGE 579, THENCE PROCEEDING IN A SOUTHERLY DIRECTION .ALONG THE WESTERN LINE OF PROPERTY OF OVBB, L.L.C. S 12° 15' 19" W, 12.30' TO A POINT AT A CORNER OF THE PROPERTY BEING DESCRIBED HEREIN AND SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE CONTINUING IN A SOUTHERLY DIRECTION ALONG THE WESTERN LINE OF PROPERTY OF OVBB, L.L.C. S 12° 15' ii" W, 220.68' TO A POINT AT THE SOUTHWEST CORNER OF PROPERTY OF OVBB, L.L.C., THENCE TTJRNING AND PROCEEDING IN AN EASTERLY DIRECTION ALONG THE SOUTHERN LINE OF PROPERTY OF OVBB, L.L.C. N 86° 59' 02" E, 172.5i' TO A POINT ON THE WESTERN LINE OF A 12' R/W DESCRIBED ON A PLAT RECORDED IN THE SAID CLERK'S OFFICE IN MAP BOOK 41 PAGE 12, THENCE TURNING AND PROCEEDING IN A SOUTHERLY DIRECTION ALONG THE WESTERN R/W LINE OF SAID 12' R/W S 12° 25' 37" W, 227.43' TO A POINT ON THE NORTHERN R/W LINE OF INTERSTATE ROUTE 264, THENCE TURNING AND PROCEEDING IN A WESTERLY DIRECTION ALONG THE NORTHERN R/W LINE OF INTERSTATE ROUTE 264 S 89° 20' S3" W, 45.86' TO A POINT, THENCE TURNING AND CONTINUING -ALONG THE NORTHERN R/W LINE OF INTERSTATE ROUTE 264 N 75° 05' 45" W, 240.33' TO A POINT, THENCE TURNING AND CONTINUING ALONG THE NORTHERN R/W LINE OF INT7ERSTAT'E ROUTE 264 N 72° 42' 28" W, 468.26' TO A POINT, SAID POINT BEING THE SOUTHWEST CORNER OF THE PROPERTY BEING DESCRIBED HEREIN, THENCE TURNING AND LEAVING THE NORTHERN R/W LINE OF INTERSTATE ROUTE 264 AND PROCEEDING IN A NORTHERLY DIRECTION N o6° 47' i9" E, 276.56' TO A POINT ON THE SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD, THENCE TURNING AND PROCEEDING IN AN EASTERLY DIRECTION ALONG THE SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 945.70' A DISTANCE OF 157.59', THENCE TURNING AND CONTINUING IN AN EASTERLY DIRECTION ALONG THE SOUTHERN R/W LINE OF OLD VIRGII~TIA BEACH ROAD, ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 586.59', A DISTANCE OF 2io.94' TO A POINT ON THE WESTERN LINE OF PROPERTY OF OCEAN TRACE, L.C., AS DESCRIBED IN AN INSTRUMENT RECORDED IN THE SAID CLERK'S OFFICE IN INSTRUMENT NUMBER 20080606000670560, THENCE TURNING AND PROCEEDING IN A SOUTHERLY DIRECTION ALONG THE WESTERN LINE OF PROPERTY OF OCEAN TRACE, L.C. S o3° 36' 36" W, 243.45' TO A POINT AT THE SOUTHWEST CORNER OF 6 PROPERTY OF OCEAN TRACE, L.C., THENCE TURNING AND PROCEEDING IN AN EASTERLY DIRECTION ALONG THE SOUTHERN LINE OF PROPERTY OF OCEAN TRACE, L.C. S 78° 24' 37" E, 87.84 TO A POINT AT THE SOUTHEAST CORNER OF PROPERTY OF OCEAN TRACE, L.C., SAID POINT ALSO BEING THE SOUTHWEST CORNER OF PROPERTY OF (NOW OR FORMERLY) JOHNNY PAUL WHITE AS DESCRIBED IN DEED RECORDED IN SAID CLERK'S OFFICE IN DEED BOOK 1727 PAGE X44, THENCE TURNING AND CONTINUING IN AN EASTERLY DIRECTION ALONG THE SOUTHERN LINE OF PROPERTY OF JOHNNY PAUL WHITE S 55° 26' 37' E, i3.4o' TO A POINT AT THE SOUTHEAST CORNER OF PROPERTY OF JOHNNY PAUL WHITE, THENCE TURNING AND PROCEEDING IN A NORTHERLY DIRECTION ALONG THE EASTERN LINE OF PROPERTY OF JOHNNY PAUL WHITE N 19° 33' 30" E, 305.98' TO A POINT ON THE SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD, THENCE TURNING AND PROCEEDING IN A EASTERLY DIRECTION ALONG THE SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD N 82° 22'13" E, 55.64' TO A POINT, THENCE TURNING AND CONTINUING IN AN EASTERN DIRECTION ALONG THE SOUTHERN R/W LINE OF OLD VIRGINIA BEACH ROAD N 85° 09'3' E, 20.60' TO THE TRUE POINT OF BEGINNING. PARCEL DESCRIBED HEREIN BEING 4.19o ACRES IN SIZE. GPIN: 2417-47-3777 (Part ofl AM\ModificationotProffers\Ocean Trace Condominium Association\ist Amendment to Proffers.doc 7 -45- Item V.LS. PLANNING ITEM # 61316 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED, AS PROFFERED, BY CONSENT, Ordinance upon application of SUPER HOLLAND ASSOCIATES, LLP/HIF, L.L.C., HIC, L.L.C., MACH ONE, L.L.C., re Modi acation of a Conditional Change o Zoning, at 3901 and 3877 Holland Road (GPIN 1486241897; 1486248827) Modification of Condition #1 approved by City Council April 11, 1995) to reduce the required parking spaces, to develop outparcels and lengthen existing turn lane at 3901 and 3877 Holland Road, Use: retail center expansion. DISTRICT 3- ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application SUPER HOLLAND ASSOCIATES, LLP/HIF, L.L.C., HIC, L.L.C., MACH ONE, L.L.C., Modification of a Conditional Change of Zoning, at 3901 and 3877 Holland Road (GPIN 1486241897; 1486248827). Comprehensive Plan -Suburban Area, Use: retail center expansion. DISTRICT 3- ROSE HALL The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. 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 Eleventh day of October, Two Thousand Eleven Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October I1, 2011 r'" lA•BE ~y ~_ ~ ~~'~ ~ ti, ~a U ~ t `'ti FYI :~ ryry~,~~~ . y1 ~ F y / $ ~ C+ac9;'1 "L __ ~ ~V 9,P~S 'h~^~~'~y~ N 0 OF BUR NPZ~O In Reply Refer To Our File No. DF-8019 TO: Mark D. Stiles FROM: B. Kay Wilso CITY OF VIRGINIA. BEACH INTER-OFFICE CORRESPONDENCE DATE: September 28, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Super Holland Associates, LLP The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 11, 2011. I have reviewed the subject proffer agreement, dated July 21, 2011 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 MODIFICATION OF CONDITIONS AGREEMENT THIS MODIFICATION ~F CONDITIONS AGREEMENT (this "Agreement"), made this~~s}day of 5 tom. 2011, by and between SUPER HOLLAND ASSOCIATES, L.L.P., a Virginia 'mited liability partnership ("Super Holland") (to be indexed as grantor); HIC, L.L.C., a Virginia limited liability company ("HIC") (to be indexed as grantor); HIF, L.L.C., a Virginia limited liability company ("HIF") (to be indexed as grantor); .and MACH ONE, L.L.C., a Virginia limited liability company ("Mach One") (to be indexed as grantor) (together 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, Super Holland is the owner of the real property described on Exhibit A attached hereto (the "Super Holland Parcel"), which property is currently zoned Conditional B-2, and is subject to certain recorded proffers; and WHEREAS, HIC; HIF, and Mach One are the owners of the real property described on Exhibit B attached hereto (the "Shopping Center Parcel"), which property is currently zoned Conditional B-2, and is subject to certain recorded proffers; and WHEREAS, the Grantors intend to subdivide both the Super Holland Parcel. and the Shopping Center Parcel (the Super Holland Parcel and Shopping Center Parcel are together referred to as the "Property") in order to create three (3) commercial out lots along the Property's frontage on Holland Road; and WHEREAS, in April 1995, the City of Virginia Beach conditionally re-zoned the Property subject to certain proffered covenants, restrictions, and conditions set forth in the proffer agreement recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") in Deed Book 3489 at page 2130 (the "Original Proffers"); and WHEREAS, the Original Proffers were amended by document recorded in the Clerk's Office in Deed Book 3651 at page 1174; and WHEREAS, Grantors desire to develop the Property in a manner that differs from the terms specified in the Original Proffers; and alase~~a GPIN NOs.: 1486-24-1897-0000; 1486-24-8827-0000 WHEREAS, Grantors desire to amend and modify several of the covenants, restrictions, and conditions set forth in the Original Proffers to the extent that they apply to the Property; and WHEREAS, the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee by ordinance or resolution adopted by the governing body of the Grantee, after a public hearing properly advertised pursuant to Section 15.2-2204 of the Code of Virginia, 1950 (as amended), which said ordinance or resolution shall be recorded along with the amendment 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 extraction from the Grantee or its governing body and without any element of compulsion or quid fro 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 the terms of this declaration 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. To the extent that the Original Proffers apply to the portion of the Property affected by this application, Proffer Number 1 is hereby amended to state in its entirety as follows: "The Property, when developed, shall be developed in substantial conformance with the concept plan entitled "Concept Plan, Proposed Retail Expansion," dated July 11, 2011, prepared by Kimley-Horn and Associates, Inc. (the "Site Plan"), which Site Plan has been exhibited to the City Council and is on file with the City Planning Department. The development of the Property may vary from the Site Plan to the extent necessary to implement the traffic improvements contemplated in Proffer 4, below." 2. To the extent that that the Original Proffers apply to the portion of the Property affected by this application, Proffer Number 6 is hereby amended to state in its entirety as follows: "Parking on each Out Parcel (as defined below) between Holland Road and the primary structure shall be minimized by placing the majority of the parking on the sides and/or rear of the primary structure. Landscaping along Holland Road and Windsor Oaks Boulevard shall be uniform in materials and intensity (while preserving view comdors) repositioning a large percentage of the existing plant material within a 30 foot wide buffer measured from the existing right-of--way. along Holland Road, and a 25 foot wide buffer measured from the existing right-of--way along Windsor Oaks Boulevard (which 25 foot buffer will extend south from the Holland Road/Windsor Oaks Boulevard intersection to the existing northernmost vehicular access point along the Property's Windsor Oaks Boulevard frontage, as depicted on the Site Plan). 41888~v10 2 In addition, the developers of the individual Out Parcels shall coordinate with the Planning Director or his designee to use a mixture of trees and shrubs to create an aesthetically pleasing internal access drive along the rear boundary of the Out Parcels while preserving view corridors." 3. To the extent that that the Original Proffers apply to the three (3) out parcels depicted on the Site Plan dated July 11, 2011 as Parcels 1B, 1C, and G (the "Out Parcels"), Proffer Number 7 is hereby amended to state in its entirety as follows: "The freestanding signage to be located on each of the three (3) new Out Parcels shall be monument style with a maximum height of eight (8) feet and be constructed with materials and colors similar to those used on the exterior of the primary structure located on that Out Parcel, and shall comply with the provisions contained in the City Zoning Ordinance, as modified by variance(s) granted by the appropriate authority." 4. On the subdivision plat creating the Out Parcels, Grantor agrees to include a one foot (1') no ingress/egress easement along the Out Parcels' Holland Road frontage, from Windsor Oaks Boulevard to the existing access point on Holland Road, thereby precluding the need for a traffic impact analysis for the development proposed on the Out Parcels. Nothing contained herein shall exempt the Grantors from installing traffic improvements required by the Grantee during final site plan review pursuant to the Grantee's statutory authority. 5. With respect to the development of the Out Parcels, in addition to mandatory design standards applicable to the development of the Property that are contained in the City Zoning Ordinance (unless otherwise modified in this Agreement), Grantor shall also adhere to the following "optional" provisions of Article II,`Subsection D of the Zoning Ordinance: (a) Building facades visible from a public street and greater than one hundred fifty (150) feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least three (3) feet (Section 245(a)(1)); (b) Building fronts and sides of buildings oriented toward a public street shall incorporate features such as arcades, display windows, entry areas, false windows, awnings and similar features adding visual interest {Section 245(a)(2)); (c) Facades not visible from a public street. or from a private internal street or way used by the public shall be painted a coordinating color to complement the front and side facades (Section 245(a)(4)); (d) Variations in roof lines shall be accomplished through the use of overhanging eaves, parapets, pop outs, entrance features, or height variations (Section 245(b)(1) - as modified); (e) Exterior building materials for all portions of a building shall be of high quality and should exceed the level of quality required by the Virginia Uniform Statewide Building a~see~~~o 3 Code. Predominant exterior building materials (except for roofs, doors, windows, eaves, and other ornamental features) will include any combination of brick, wood, stone, glass, or tinted and textured concrete masonry (Section 245(c)(1) - as modified); (f) Smooth-faced concrete block, tilt-up concrete panels, or pre-fabricated steel panels should be used as exterior building materials only if such materials have been incorporated into the overall design of the building and reflect an overall appearance of high quality (Section 245(c)(2)); (g) Entryway design elements and variations shall provide orientation to building. Buildings shall have clearly defined, highly visible customer entrances, which shall incorporate two (2) or more of the following features: (1)Canopies or porticos; (2)Overhangs; (3)Recesses or projections; (4)Arcades; (5)Raised corniced parapets over entranceways; (6)Peaked roof forms; (7)Arches; (8)Outdoor patios; (9)Display windows; (10)Architectural details such as the work or moldings integrated into the building structure and design; or (11)Integral landscaped areas or places for sitting (Section 245(d)); (h) Mechanical or HVAC equipment shall not be installed at ground level along any portion of a building facing a public or internal street unless such location is necessitated by the nature and design of the building it serves. Such equipment shall be screened by a solid fence or wall and native plants having good screening characteristics. Shrubs shall be at least three (3) feet high, and trees shall be at least six (6) feet high, at planting. Plants shall be spaced as directed by the city's landscaping, screening and buffering specifications and standards, be maintained at all times in good condition and shall not be trimmed to a height lower than the mechanical equipment they screen (Section 245(e)(3)); (i) Outdoor lighting fixtures shall be coordinated as to style, material, and color. Neutral and earth tone colors of lighting fixtures are encouraged. Lighting throughout the Out Parcels shall overlap, creating an even level of illumination throughout the parking area (Section 245(f)(1) - as modified); and (j) Where feasible, stormwater management systems shall utilize existing regional stormwater management facilities (Section 248(c)). 6. All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated- herein by reference. a~sse~~~o , q. All references herein 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 modification of proffered covenants, restrictions and conditions is approved by the Grantee. The covenants, restrictions and conditions set forth above, having been proffered by the Grantors and allowed and accepted by the Grantee, 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 an 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. The Grantors covenant and agree that (]) 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 Zoning Ordinance or this Agreement, the Grantor shall petition to the .governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject Property on the map and that the ordinance and the conditions maybe made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Pages to Follow.] aisse~~a 5 SUPER HOLLAND ASSOCI_ATES, L.L.P, a Virg~n~a limited liability pa~~~=s`1<iip: ~~' B~: Title~~ ~~ ~~"~.~~ STATE/COMMONWEAL H OF ~ ; c2rt : ~ . ~'" CITY/C'6~TY OF (~~>~u~~l~l~ , to-wit: The foregoing instrument was sworn to and acknowledged before me this`2~ day of ~~'~~ 2011, b ~ "t`~ ~~~` C~~t~={~~"; on behalf of Super Holland Associates, L.L.P. ~I/she is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this C~day.of `~_, 2011. Li I~`~ Z4~~`3 My Conunission Expires: Registration Number: ~ [ 3 ~~ Notary Public (SEAL) ~~~`\~~\$ F , M/~~s iii'/ P: ~ ~''• ~' W ESN' , r OMMON NSA _ • C ~ 5`Rp 10N NO. s •..~EG 2139g5 _. ,,~~~~ii~~~~~TARVi;QJ~~~~~~\\\ IIIIIII alsee~~~ 6 HIC, L.L.C., a Virgini~~limited liability By: ~ ~~ . Title STATE/COMMONWEALTH OF ~ ,,pct ~~:.: t~ CITY/C~6~TTY OF t~ ~~~~'t'~ E~ , to-wit: . G The foregoing instrument was sworn to and acknowledged before me this `~ ~`' day of ~4i` , 2011, by ~~~ ~~1 ~..,,} ~ t„~~a~c~..on behalf of HIC, L.L.C~/she is either personally known to me or has produced ~ as identification. Witness my hand and official stamp or seal this~~" day of ~;~_, 2011. Notary Public (SEAL) My Commission Expires: ~ ~ ~` t ~~~`~ f Registration Number: ~~ ~ ~ ~S ~~~~~~iuu i uuru~i `` ~P ON`NFA`ZH ; G~pM 1RG~N NO, ~..REG15~g95 ,` % ~'G ~~~i///~i//'NOTARY Q~Z~~~~~~ rrrr~r44hy1ti1\\\~ 41866~v~ 7 HIF, L.L.C., a Virginia limited liability company: ~, f;. By: i R Title ~~ ~ ~/~, STATE/COMMONWEALTH OF ~ ',~t~ : ~ . +'~'" CITY/G4~~' OF ~d~~ ~c;11, , to-wit: The foregoing instrument was sworn to and acknowledged before me this ~ Est day of ~1 ' °' , 201 1, by ~~~~ ~~~~~?{ m~~~ ~~'~, on behalf of -HIF, L.L.C~_ she is tither crsonally known to me or has produced ~ as identification. Witness my hand and official stamp or seal this ~~~~ day of ~~_, 2011. My Commission Expires Registration Number: ~~~~,~~~ 1~~ ~~ Notary Public (SEAL) \\~~~1~N { U I { ~ rr~~~~~~/ \\\~~~~P~v1S f..hj~~~ %~~~~ .~ ~.. ~ ~. s -,; _; :COMMONWEALTH'• __ OF VIRGINIA ~: REGISTRATION NO. 213995 •G ~~ ~ > > ~ ~ A t ? Y 14 + ` `' ~ ~ ~ 41868~~•~ g a B T STATE/COMMONWEALTH OF ~~ tZG `, ~ ~: ~ CITY/C°6LRdTY OF R~~,~~~•cs~1"~ ,to-wit: The foregoing instrument was sworn to and acknowledged before me this~~?~ day of . yl 2011, by .~~~ CY1 E't~>~~;,~,~-~-Z, on behalf of Mach One, L.L.C. /sh is either personally known to me for has produced as identification. Witness my hand and official stamp or seal this ~"~day of, 2011. ~,~ `~ ~ ; Notary Public (SEAL) t ~ ZcC)~ c~ `\\N11111Ii11////// My Commission Expires: ``\\\~~~~P~v `g F. M/ ~,,~// ~t ~ ~ ~ . ~~' . ~•'•lJ' ~'~ Registration Number: ~ °~' R ~ •. - ~•COMMONWEALTH'• OF VIRGINIA __ = t REGISTRATION NO. i - 213995 ~~i,~~~T.gRY i P11~\\ ~~``~ 41866~v~ 9 :~-IACH ONE, L.L.C., Exhibit A Segal Description All that certain lot, piece, or parcel of land with the buildings and improvements thereon, and the appurtenances thereunta belonging, lying, situate and being in the City of Virginia Beach, Virginia and being known numbered, and designated as Parcel 1 as shown on Sheets 1 and 2 of that certain plat entitled "Subdivision of Property of CH&B Associates, et al," dated July 7, 1995, prepared by the TAF Group, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 244 at pages 42, 43, and 44. aisse~~s 10 Exhibit B Legal Description All that certain lot, piece, or parcel of land with the buildings and improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia and being known numbered, and designated as Parcel 2 as shown on Sheets 1 and 2 of that certain plat entitled "Subdivision of Property of CH&B Associates, et al," dated July 7, 1995, prepared by the TAF Group, which plat is recorded in the Clerk's -Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 244 at pages 42, 43, and 44. a~ sse~~a 11 -46- Item V.L.6. PLANNING ITEM # 61317 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED, DELETED CONDITION #2, BY CONSENT, Ordinance upon Application of FIVE COLUMBUS CENTER, LLC, for a Conditional Use Permit re a private college or university at 4505 Columbus Street (GPIN 1477549157) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEAC~I, VIRGINIA Ordinance upon Application of FIVE COLUMBUS CENTER, LLC, for a Conditional Use Permit re a private college or university at 4505 Columbus Street (GPIN 1477549157) DISTRICT 5 - LYNNHAVEN 80101137444 The following condition shall be required.• 1. 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 in use from the Building Official. 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 Eleventh day of October, Two Thousand Eleven Voting.• 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2011 - 47 - Item V.L.7. PLANNING ITEM # 61318 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVIED/CONDITIONED BY CONSENT, Ordinance upon application of FRESH WORLD VA-B, INC./KROGER LIMITED PARTNERSHIP for a Conditional Use Permit re indoor recreation at 2029 Lynnhaven Parkway GPIN 1475868600 (DISTRICT 1-CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA FRESH WORLD VA-B, INC./KROGER LIMITED PARTNERSHIP, Conditional Use Permit, indoor commercial recreational facility, 2029 Lynnhaven Parkway (GPIN 1475868600). DISTRICTT 1 -CENTERVILLE 80101137445 The following conditions shall be required: 1. This use permit is valid for the subject unit of 14, 000 square feet 2. Exterior building signage shall comply with the requirements of the City's Zoning Ordinance 3. 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 4. During evening and weekend operating hours, a minimum of two (2) employees shall be on duty at all times S. Rules of conduct shall be posted at the entrance, visible by all who enter, as provided within the Staff Report 6. Security cameras shall be installed to monitor the entire indoor recreational facility 7. Approval is subject to a one (1) year time frame when a review shall be made by the Zoning Administrator in order to determine if the establishment is contributing negatively to the surrounding area. The Zoning Administrator may refer the request back to the Planning Commission and City Council for additional scrutiny if determined necessary due to problems with the operation of the facility 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 Eleventh day of October, Two Thousand Eleven October 11, 2011 -48- Item TEL. 7. PLANNING ITEM # 61318 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None October 11, 2011 -49- Item V.L.8. PLANNING ITEM # 61319 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance for the CITY OF VIRGINL4 BEACH to AMEND ¢107 of the City Zoning Ordinance (CZO) re "notice" to Condominiums and Cooperatives Voting: 9-2 (By Consent) Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Verbal Nay.• William R. "Bill " DeSteph* and Barbara M. Henley* Council Members Absent: None *Verbal Nay October 11, 2011 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 AN ORDINANCE TO AMEND SECTION 107 OF THE CITY ZONING ORDINANCE PERTAINING TO NOTICE GIVEN TO CONDOMINIUMS AND COOPERATIVES Section Amended: § 107 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 107 of the City Zoning Ordinance is hereby amended and reordained to read as follows: ARTICLE 1. GENERAL PROVISIONS Sec. 107. Amendments. (c) Planning commission action; notice of hearing. Before making any recommendation on a proposed amendment, the planning commission shall give notice of a public hearing thereon, as set forth in Section 15.2-2204 of the Code of Virginia, as amended; provided, however, that written notice as prescribed therein shall be given at least fifteen (15) days prior to the hearing- and in the case of a condominium or a cooperative, the written notice may be mailed to the unit owners' association or proprietary lessees' association, respectively, in lieu of each individual owner. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of October, 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i v..,r,~ Planning epartment City Attorney's Office CA12049 R-1 September 28, 2011 Item #13 City of Virginia Beach Ordinance to amend Section 107 of the City Zoning Ordinance September 14, 2011 CONSENT An Ordinance to amend Section 107 of the City Zoning Ordinance (CZO) pertaining to notice given to condominiums and cooperatives. SUMMARY OF AMENDMENT The amendment allows the City to give notice to adjacent condominium or cooperative associations instead of having to notify every homeowner in the condominium or cooperative, which could potentially be hundreds. The Virginia Code Section 15.2-2204 allows this modification with action by the governing body, and so this amendment would allow the planning department to provide notice in this more expeditious manner. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Commission approved item 13 by consent. Bill Macali spoke on behalf of the City. -SD- Item V.M.1 APPOINTMENTS ITEM # 61320 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ENERGYADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD LOCAL FINANCE BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE October 11, 2011 - S1 - Item V.M.2 APPOINTMENTS ITEM # 61321 Upon NOMINATION by Vice Major Jones, City Council REAPPOINTED: Gerald A. Cox Gary Fentress Diane F. Horsley Lee Lockamy C. Mac Rawls 3 Year Term 1/1/12 -12/31/14 HISTORICAL PRESERVATION COMMISSION Voting.• 11-0 Council Members Voting Aye: 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., Prescott Sherrod, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 11, 2011 -52- Item V.N. ITEM # 61322 BY CONSENSUS, City Clerk to Record: ABSTRACT OF VOTES Democratic Primary for House of Delegates (August 23, 2011) October 11, 2011 ABSTRACT OF VOTES Cast in the County/City of Virginia Beach Virginia, at the August 23, 2011 Democratic Primary Election for: MEMBER HOUSE OF DELEGATES 90th ENTER DISTRICT NUMBER NAMES OF CANDIDATES AS PRINTED ON BALLOT Alaie T. Howell, Jr. Richard "Rick" James Total Number of Overvotes for Office TOTAL VOTES RECEIVED (IN FIGURES 283 241 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on August 23, 2011, do hereby certify that the above is a true and correct Abstract of Votes cast at said Democratic Primary Election for the office indicated above. Given under our hands this 24th day of August, 2011. A copy testes Electoral Board Seal :e Chairman Secretary ~ctoral Board (,`y, ~ C~-u-_-.-~. ,Chairman -53- Item VI.P. ADJOURNMENT ITEM # 61323 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:43 P.M. ------------- --~_ y~a~~ Beverly .Hooks, CMC Chief Deputy City Clerk ~,u~~~ -- - ------ Ruth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor The Public Dialogue re Non-Agenda Items adjourned at 6:53 P.M. October 11, 2011 -54- PUBLIC DIALOGUE ABORTION Christine Ross, 5557 New Colony Drive, requested the City close "the Abortion Mill ". Mrs. Ross advised she was the Aunt of four (4) children dead by abortion. Carrying an infant, she requested she was here with her little friend to request the "abortion mills " be closed immediately in our City under Chapter 2.02 Section G of the City Charter. This section states that the City is empowered to close facilities that present a dangerous nuisance to the public. Ms. Ross can give reasons why the "abortion mills " should be closed. This is the body count of those children who have died at these "houses of horror ". Although the Virginia Board of Health has recently passed regulations re abortion mills, these regulations do not go into effect until January, which does nothing to protect the children who are scheduled to die tomorrow and in the months to come. Information distributed by Mrs. Ross is hereby made a part of the record. BEACHES and WATERWAYS COMMISSION Andy Baan, Post Office Box 1354, has "given up" on the Beaches and Waterways Commission. The Chairman of the Beaches and Waterways Commission has told the members, that given their resources, they are relying on staff.' At the meetings, no one has objected to Crab Creek or any of the sites along Virginia Beach Boulevard as well as sites along Laskin Road. Therefore, Mr. Baan requested all funds and City employees' time cease. The Board of Zoning Appeals is opposed to the permanent dredge transfer facility at the end of Maple Street. It is not rightly placed in a residential zone. Mr. Baan referenced correspondence in which Cape Story By the Sea unanimously opposed this site. Information distributed by Mr. Bean is hereby made a part of the record. David Williams, 2104 West Admiral Drive, Phone; 481-1668, President -Shore Drive Community Coalition, represented approximately thirty-five civic groups along Shore Drive Corridor. Mr. Williams distributed correspondence concerning hopes and concerns for the City's neighborhood Dredging Program, as it is presently designed. When the Beaches and Waterways Commission was tasked by the City Council to study four (4) principal tasks, there was hope the citizens would have a constructive discussion to reach a mutually agreeable consensus. Instead of discussion, the Commission has met discourse, procedural barriers at formal committee meetings or not being allowed to speak at the majority of meetings nor respond in formal committee meetings to statements made by both the City's approved Resolution and the Chairman's opening statement that the public has received a substantial amount of incomplete and inaccurate information regarding the dredge spoils removal and transfer stations. Neither the Shore Drive Community Coalition nor the Long Creek Wetlands organization has been responsible for any misinformation. As of this date, 1471 concerned citizens have signed the" Save Long Creek" Wetlands petition opposing City actions to place a commercial mechanical dredge spoil transfer facility at Maple Street along Long Creek in our residential R7. S zoned area. October 11, 2011 -53- Item VLP. ADJOURNMENT ITEM # 61323 Mayor William D. Sessoms, Jr. DECLARED the City Council _MeetingADJOURNED at 6:43 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William .Sessoms, Jr. Mayor The Public Dialogue re .Non-Agenda Items adjourned at 6.53 P M. October I1, ?011