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HomeMy WebLinkAboutMARCH 25, 2003 MINUTESCITY COUNCIL MA YOR MEYERA E OBERNDORF, At-Large VI£ E ~IA YOR LOUIS R dONES, Baystde - Dtatrtct 4 HARRY E DIEZ, EL, Kempavdle - Dt~trtct 2 MARGARE7 L EURE, Centervtlle - Dtstr~ct 1 REBA S McCLANAN, Rose Hall -Dtstrtct 3 RICH4RD A MADDOX, Beach -Dtstnct 6 /IM REEI,'~; Prtncess Anne - Dtatrtct 7 PETER W SCHMIDT, At-Large RON 4 I;TLLANUEVA, At-Large ROSEMARY WILSON, At-Large J4MEg l WOOD, Lynnhaven -Dtstrtct 5 dAMES K 3PORE, Ctty Manager LESLIE I LILLEE Cay Attorney RUTH HODGES SMITH, MMC Ctty Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 25 March 2003 CITY HALL BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov c-om CITY MANAGER'S BRIEFINGS - Conference Room - A 31 ST STREET PROJECT E. Dean Block D~rector of Public Works and Project Manager Bruce Thompson, Developer B TOWN CENTER PHASE II Steven T. Thompson, Chief Financial Officer 2:00 PM II REVIEW OF AGENDA ITEMS III CITY COUNCIL COMMENTS IV CITY COUNCIL INFORMAL DISCUSSION A Virginia Beach School Board FY2003-2004 Budget V INFORMAL SESSION -Conference Room - 4:30 PM A Bo CALL TO ORDER - Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL C RECESS TO CLOSED SESSION VI FORMAL SESSION - Council Chamber - 6:00 PM A CALL TO ORDER - Mayor Meyera E. Oberndorf B INVOCATION: Reverend Tommy Taylor London Bridge Baptist Church C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F MINUTES 1. INFORMAL AND FORMAL SESSIONS March 11, 2003 2. SPECIAL FORMAL AND CLOSED SESSION March 18, 2003 G. AGENDA FOR FORMAL SESSION H MAYOR'S PRESENTATION 1. RESOLUTION - J. P Godsey - "Happiest Man in America" I CONSENT AGENDA J. PUBLIC HEARINGS 1. AGRICULTURAL RESERVE PROGRAM (ARP) - 1884 Pleasant Ridge Road 2. EXCESS PROPERTY - Princess Anne Road and Concert Drive re LifeNet K ORDINANCES/RESOLUTIONS Ordinance to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP) easements and issuance of contract obligations for 77.6 acres at 1884 Pleasant Ridge Road from Nelson E. and Kay S. Morris for $234,256 (Installment Agreement 2003-53) (DISTRICT 7 - PRINCESS ANNE) L. o . o o o o Ordinance to DECLARE EXCESS PROPERTY on a parcel of land at Princess Anne Road and Concert Drive; and AUTHORIZE the City Manager to convey this property to LifeNet. Ordinance to AUTHORIZE a temporary encroachment into City-owned property in behalf of ROBERT L. SNYDER (Pontiac Arms Apartments) re constructing and maintaining rip rap, an existing bulkhead, dock and wharf into Rudee Inlet at 101 Cypress Avenue. (DISTRICT 6 - BEACH) Ordinance to APPROPRIATE $45,000 from the General Fund for an interest-free loan to Davis Corner Rescue Squad re ambulance replacement. Ordinance to APPROPRIATE $48,000 from the Police Services Fund and $95,000 in interest from Police Department accounts to the FY 2002-03 Operating Budget re replacement of service weapons. Resolution to support Hampton Roads Transit (HRT) in their application for federal funds for a study re implementation of a Bus Rapid Transit (BRT) system in the Resort Area. Virginia Department of Transportation (VDOT)re Holland Road, Phase VI Project: ao bo Ordinance REQUESTING establishment of the right-of-way between Pleasant Acres Drive and Christopher Farms Drive as an underground utility corridor Resolution REQUESTING VDOT aquire the necessary rights-of-way for Holland Road Phase VI with conveyance to the City Resolutions REQUESTING acceptance by the Virginia Department of Transportation a. An additional 16.08 lane miles of new streets for Urban Maintenance payments PLANNING o An increase of 1 60 lane miles of arterial and local collector streets to the inventory for Urban Maintenance payments . o Ordinance to further EXTEND the date for satisfying conditions approved March 26, 2003, for the disconttnuance, closure and abandonment of portions of Morris Avenue and Katie Brown Drive in behalf of the United Jewish Federation of Tidewater Enterprises. Staff Recommendation: APPROVAL Application of THE HOME DEPOT USA for a Condtttonal Use Permtt re bulk storage for outdoor drive-through seasonal sales at 2020 Lynnhaven Parkway, containing 13 93 acres. (DISTRICT 1 - CENTERVILLE) Recommendation: APPROVAL Request for a Variance to Section 4 4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for Guy R. Rogers, at 4101 Thalia Drive. (DISTRICT 5 - L YNNHAVEN) Recommendation: APPROVAL Applications of Quarles Petroleum, Inc. on the northwest comer of Wesley Drive and Potters Road, contmmng 36,285.48 square feet (DISTRICT 6 - BEACH) a. re Change ofZontng Dtstrtct Classtficatton from 0-2 Office D~strict to Conditional I-1 Light Industrial District for light industrial land use b. re Conditional Use Permtt re automobile service station Recommendation' APPROVAL Applications of WEST NECK PROPERTIES, INC. at the northeast comer of West Neck and Indian River Roads (3132 West Neck Road), contaimng 87.215 acres (DISTRICT 7 - PRINCESS ANNE) a. Vartance to Section 4 4 (b) of the Subdivision Ordinance re the thirty (30)-foot mimmum pavement width for ~nterior streets b. Change ofZontng Distrtct Classificatton from AG-1 and AG-2 Agricultural to Conditional R-15 Residential c. Condtttonal Use Permtt re Open Space Promotion Deferred: January 22, 2002 February 5, 2002 March 5, 2002 March 26, 2002 April 9, 2002 May 14, 2002 (indefinitely) 6. Apphcations of CarMax Auto Superstores, Inc. (DISTRICT 3 - ROSE HALL) a. re Discontinuance, closure and abandonment of a portion of Rodriguez Drive 200 feet south of Bonney Road, containing 7,405 20 square feet bo re Dtsconttnuance, closure and abandonment of a portion of Wagner Street south of Bonney Road, containing 7,405.20 square feet Ce re Change qfZontng Dtstrtct Classtficatton from I-2 Heaw Industrial District, Conditional I-2 Heavy_ Industrial District and B-2 Community Business District to Conditional B-2 Communi _tS, Business District for retail commercial land use containing 21.5 acres do re Condtttonal Use Permit re motor vehicle sales on the south side of Bonney Road, west of Chestnut Avenue, containing 21.5 acres Recommendation' APPROVAL M . Application of Michael D. Sifen, Inc. re Change ofZontng Dtstrtct Classtficatton from R-5D Residential Duplex District to Conditional I-1 Light Industrial District for light industrial land use on the west side of Centerville Turnpike and Kempsville Road, containing 6.724 acres (DISTRICT 1 - CENTERVILLE) Recommendation: APPROVAL . Application of Royal Court, Inc. re Change qfZomng Dtstrtct Classt_fication from AG-1 Agricultural District, AG-2 Agricultural District and R-20 Residential D~strict to R-SD Residential Duplex District with a PD-H2 Planned Unit Development District Overlay for residential land use (not to exceed 6 dwelling units per acre) on the north s~de of Princess Anne Road and Crossroads Trail, containing 9.963 acres. (DISTRICT 7 - PRINCESS ANNE) Staff Recommendation: Planning Commission Recommendation: DENIAL APPROVAL . Application of Lake Gem, LLC, re Change of Zoning District Classtfication from B-2 Commumty Business District to Conditional A-18 Apartment District and Conditional B- 2 Communi _ty Business District for retail commercial land use and multi-family residential land use (not to exceed 12 units per acre) on the southeast comer of Nimmo Parkway and Upton Drive, containing 18.58 acres (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL 10. Ordinance to AMEND § 901 of the City Zoning Ordinance (CZO) re allowing Public or Private Colleges or Universities as perrntttedprmctpal uses in the B-2, B-3, B-3A and B-4 Bus~ness Districts. NO ACTION NECESSARY APPOINTMENTS PARKS AND RECREATION COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT AUTHORITY (VBCDC) N UNFINISHED BUSINESS NEW BUSINESS 1 ABSTRACT OF CIVIL CASES RESOLVED - February 2003 P ADJOURNMENT 2003 April 1 April 8 April 15 April 22 April 24 April 24 April 29 May 1 May 1 May 6 May 13 Time 6 00 pm 3 00 pm to 6 00pm 2 00 pm to 5 00 pm 6 00 pm 2 00 to 5 00 pm 6 00 pm 6 00 pm Resource Management Schedule Presentation to C~ty Council of FY 2003-04 Proposed Resource Management Schedule Economic V~tahty and Cultural and Recreational Opportumtles RMP Workshop Quahty Education and Lifelong Learning RMP Workshop Quahty Orgamzat~on RMP Workshop Safe Commumty RMP Workshop Pubhc Hearing - Proposed FY 2003-04 Resort Management Planmng - Kellam High School - 6 00 P M Quahty Phystcal Enwronment Family and Youth opportunmes RMP Workshop Pubhc Hearing -Proposed FY Resort Management Planning - City Council Chamber - 6 00 P M Reconcihat~on Workshop City Council ADOPTION FY 2003-04 Resort Management Plan City Council, in trying to be more responsive to the needs of cat~zens who attend the meetings, has adopted the following time hmlts for future Formal Sessions: Apphcant or Applicant's Representative l0 Minutes Attorney or Representative for Opposition 10 Minutes Other Speakers - each 3 Minutes Applicant's Rebuttal 3 Minutes TIIESE TIMES Wll,l, BE STRICTI~Y ADHERED TO. Agenda 03/25/03 st www vbgov com If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call' TDD only 427-4305 (TDD- Telephonic Device for the Deaf) °UR MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 25 March 2003 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING re the 31 STREET project tn the Ctty Counctl Chamber, Ctty Hall Butldtng, on Tuesday, March 25, 2003, at 2 O0 P M Counctl Members Present Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Absent None -2- C I T Y MA N A G E R 'S BRIEFING 31s' STREET PROJECT 2:00 P.M. ITEM # 50923 E Dean Block, Dtrector of Pubhc Works and ProJect Manager - 3]st Street ProJect, tntroduced Bruce Thompson, Partner - 3]st Street project and Chtef Executtve Officer - GoM Key Resorts Mr Thompson advised the final contract was tssued June 2002 31st Street Project Dehverable Deadhne Completed Franchtse June 2003 September 2002 Ftnanctng December 2003 March 2003 Constructton June 2004 Prtor to September 2003 The ttmtng of completton cotnctdes wtth a phased opemng of the new Vtrgtnta Beach Conventton Center The lea&ng nattonal hospttaltty brand, Htlton, commtts a four-star, flagshtp resort and conference center ahgned for 3Pt Street After a nattonal search, financtng has been secured through the Ctty's "Hometown Bank" $28-MILLION from a consorttum ofbanks facthtated by TowneBank and $13 5-MILLIONtn equtty from developers J Morgan Davts, Prestdent- TowneBank, advtsed begtnnmg July 9, 2002, TownBank began sertously purstng the creatton of a cre&t facthty to finance the constructton of a 300-room oceanfront hotel at 31~t Street TownBank ts lea&ng a consorttum of several banks and has a stgned commttment between the banks and Mr Thompson agreetng to provtde $28-MILLION tn financtngfor thts project All requested fees requtred have been pard by the borrower tn connectton wtth thts transactton Mr Thomas referenced the Development Team Development Team Complete Thirty-First Street, L.C. - Developers (Bruce Thompson and Edmund C. Ruffin, Thirty-First Street, L.C.) City of Virginia Beach - Partner in public private partnership Hilton Hotel Corporation - Franchise TowneBank - Financing W. M. Jordan Company, Inc. - General Contractor Cooper Carry - Architects Design Continuum, Inc. - Interior Design The Johnson Studio - Restaurant Design Professional Hospitality Resources, Inc. - Property Management March 25, 2003 -3- C I T Y MA N A G E R 'S BRIEFING 31~ STREET PROJECT ITEM # 50923 (Continued) Hilton 31~ Street Hotel and Park Overview The Virginia Beach Hotel and Conference Center Public Park Public Parking Facility Public Restroom Facilities Dining Establishments Retail Outlets The Ocean Gateway Park ts destgned wtth a stage tn the far rtght hand corner leavtng a large open space for the vtsta to the oceanfront Thts wtll be framed by a mosatc ttle wall whtch wtll commence at two feet worktng tts way up to four feet A walkway wtll surround the destgn hghttng agamst the wall wtth planttngs on the top An area ts planned for spectal event acttvtttes and the vendors There wtll be two entertatnment pavthons for stagtng concerts and performances along the boardwalk and oceanfront The park has been extended as the extsttng restrooms wtll be renovated and rematn tn place An 18-foot bronze statue and fountatn tn honor of King Neptune and celebrattng the Neptune Festtval (Vtrgtnta Beach's most endurtng evenO, wtll be dechcated and anchor the end of the Park Mr Thompson &splayed the Public Parking and Speciality Retailing concept, whtch wtll encompass 2 76, 000 square feet ofupscale, street level retatl space Mr Thompsonpresented a concept model of the 31st Street Hotel The four-star hotel wtll encompass 300-rooms Design Continuum, Inc , Hospttahty Destgn Spectahsts, have 32years expertence destgntngpremter hotels, conference facthttes and destmatton resorts Design Continuum has recetved twenty-etght (28) nattonal archttectural and tntertor destgn awards Thetr tnternattonal chent roster encompasses Newport Bay Club at Dtsney Parks, The Breakers tn Palm Beach, Flortda, and, Ktawah Island Resort, South Carohna The grand lobby wtll be approxtmately 4500 square feet and forty-feet tall wtth tHustrattons reflecttng quahty furntshtngs and appotntments World-Class chntng wtll encompass a fine &ntng estabhshment, Cafd on the Park, an oyster bar, veranda's and patto's The Johnson Studio has been retatned for restaurant destgn Thetr tnternattonal chent roster encompasses London, Bahamas and Puerto Rtco The Johnson Studto was the rectptent of the coveted Solutia DOC award for Outstanding Hospitality Design Quattro, Four Seasons - Houston Texas, and the Etffel Tower II- Las Vegas Casino The second floor will consist of 18,000 square feet of meeting and banquet facilities: Dinner seating for up to 500 guests Facilities for 650 meeting delegates Space for social gatherings of up to 800 attendees March 25, 2003 -4- C I T Y MA N A G E R 'S BRIEFING 31s' STREET PROJECT ITEM # 50923 (Continued) A single commitment to quality, three levels of service and 300-rooms Luxury Business Class Deluxe Prestdenttal Penthouse wtth 20th floor oceanfront balcony 15 two-bedroom hospttahty suttes 30 Ktng "pettte" suttes 30 overstzed rooms wtth terraces, Jacuzzt's Club Floors with Concterge lounge featurtng fresh jutce, baked goods for breakfast, after work cocktails, late mght snacks Butlers 'pantrtes, ortgtnal artwork 60 guest rooms on prtvate access floors Separate check-tn ton the 17th Floor, hmoustne servtces, htgh speed tnternet access Ktngs wtth prtvate balcontes and panoramtc ocean vtews Gramte bathroom fixtures, deluxe beddtng, room servtce and mtntbar's Mr Thompson &splayed the "heavenly bed" concept furntshtngs utthzed by such hotels as the Rttz Carlton and a deptctton of the RoofTop Resort amenities, mdoor pool, health club, Ttkt Bar and Grtll, four-star, beach servtce and outdoor tnfintty pool Mr Thompson advtsed Glenn Tuckman, Cornell Umverstty graduate with a degree tn Hotel Management, has been htred as Manager of the 31~, Street Hotel Mr Tuckman was prevtously Nattonal Vtce Prestdent of Westin, Starwood, Sheraton and St Regis He ts the nattonally recogmzed authortty of quahty assurance and customer loyalty programs The Group Sales Office was opened thts mormng, March 25, 2003 The balance of the sales staff wtll be htred Sales Manger - Corporate and Government, Dtrector of Banquets and Catertng, Sales Manger -Meettngs and Conferences, and, Sales Manager -Markettng and Spectal Events Mr Thompson expressed apprectatton to the Vtrgtnta Beach Development Authortty (former Chatr Andrew Ftne and present Chatr Robert Jones), the Ctty Manager, Ctty Attorney, Dean Block, Deputy Ctty Attorney Gary Fentress, Sentor Ctty Attorney Carol Hahn, and former Counctl Member Wtlham Harrison Under Mr Ftne's leadershtp tn 1984, thts property was purchased Mr Thompson advtsed there was a provtston tn the Development Agreement to add a deck to the parking garage. The Ctty Manager concurred and advised tn the Capttal Improvement Program, an optton has been provtded to add 200 spaces to thts parktng The Ctty ts also worktng wtth property tnterest tn the Corrtdor along Lasktn Road for the constructton of a parktng deck tn conjunctton wtth a proposed project Thts enttre Gateway area ts prtmed for magntficent development and redevelopment Mr Thompson advtsed the room rate ts currently budgettng the room rate to be on an annualized basis of approximately $135 to $145 a night The summer rate would be $200 and over wtth the wtnter and conventton meettng guests occupytng the facthty at a lower rate The retatl space encompasses 26,000 square feet Theproforma expects to net $15 to $17per square foot March 25, 2003 -5- C I T Y MA N A G E R 'S BRIEFING 31~' STREET PROJECT ITEM # 50923 (Continued) The Ctty Manager advtsed as a conchtton of the financtal commttment of $28-MILLION, a letter ts to be drafted to the lendor retnstattng the commttment (1) construction of the Laskm Road Gateway (approved CIP2-O76 Laskin Road project, destgn ts underway) and (2) the Ctty not promote the Rudee Loop property for a compettng hotel prtor to the completton of thts hotel (Spring 2005) Under the present agreement, the Ctty would be able to promote Rudee Loop January 1, 2004 TowneBank ts requesttng thts be extended to Sprtng 2005 The Ctty Manager recommends thts extenston as the Ctty ts currently mvolved tn tssues to obtatn opttons on property at Rudee Loop and ts not tn a posttton to promote this property Mr Thompson advtsed the developers wtsh this to be a vtbrant pubhc park and encouraged tnterfatth acttvtttes The "first night"program has been outhned There wtll be a competttton throughout the State for all the Ktndergartens Whoever wtns, the parents wtll stay tn the hotel the "first ntght" March 25, 2003 -6- ITEM # 50924 Mayor Meyera E Oberndorf called to order the CITY M,4N,,tGER'S BRIEFING re TOYt'N CENTER PH,4SE H tn the Ctty Council Conference Room, Ctty Hall Butldtng, on Tuesday, March 25, 2003, at 3 10 PM Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba $ McClanan, RtchardA Maddox, MayorMeyeraE Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Absent None March 25, 2003 -7- C I T Y MA N A G E R 'S BRIEFING TOWN CENTER PHASE H 3:10 P.M. ITEM # 50925 Steve Thompson, Chtef Ftnanctal Officer, referenced the Investment Gutdehnes relattve the Town Center and pubhc/prtvate t~artnershtI~s Investment Guidelines Gutdehne Contrtbute to the achtevement of Ctty goals Provtde quahtyjobs tn tmportant economtc sectors or areas of the Ctty Create a synergy to attract other prtvate sector Pubhc parttctpatton results tn greater fiscal, economtc and/or soctal benefits Provtde a return to the ctty's partners commensurate wtth the amount of rtsk assumed The project would no proceed tn an acceptable manner but for pubhc parttctpatton Strategy Dtverstfy the tax base tn strategtc areas to create economtc growth Increase per captta tncome, whtch ts currently below the state and nattonal averages Act as butldtng block for future benefictal development, thereby conttnutng to tncrease the dtrect and tndtrect economic and fiscal benefits Provtde a return on tnvestment to the Ctty over ttme, whtch can be used to provtde servtces to the ctttzens Provtdes a fatr return to the Ctty ~ partners, defensible to the ctttzens, that enables the Ctty to attract quahty partners Pubhc parttctpatton makes the project feastble and destrable Mark Wawner, Town Center ProJect Development Manager, Economtc Development Department, advtsed Phase I, conststs of a 23-story office tower, whtch tncludes a 14-story, 252, 000 square foot office tower on top of a 9-story 469, 000 square foot parktng garage surrounded by retatl and addtttonal office space, anchored by the PF Chang's Chtna Btstro Phase I ts approxtmately etghty (80%) percent leased Tenants are sttll movtng tn the complex The final tnfrastructure ts betng completed and should be accomphshed by May 2003 Soon after the completton of Phase I, Phase IA wtll come "on-line" Phase IA consists of the 176-room, 7-story, Hilton Garden Hotel, corner of Vtrgtma Beach Boulevard and Town Center Drtve (Open - November 2003), and the 16, 000 square foot, 2-story TowneBank, corner of Vtrgtnta Beach Boulevard and Constttutton Drtve Phase H Multi-block, multi-facility, mixed use 4 ~tlocks (3, S, 10,12) 2 Parking Decks (1,400~ spaces) Public infrastructure streets and plaza Apartments (342 Units) Retail and Office March 25, 2003 -8- C I T Y MA N A G E R 'S BRIEFING TOWN CENTER PHASE H ITEM ii 50925 (Continued) Town Center Phase H - Proposed Square Feet Block 3 2-story retatl and office 77, 500 Block 8 2-story retatl/entertatnment 42, 800 Block 12 Galyan's anchor and small retatl 103, 000 Block 10 Street level retatl 44, 500 Subtotal 276,800 Block 10 13-story, 342 untt apartment tower 387, 000 TOTAL SQUARE FOOTAGE 654,800 Relative the tnfrastructure, wtth Phase I, Matn Street was butlt from Constttutton through the Central Park Town Center Drtve and Central Park Avenue was constructed from Vtrgtnta Beach Boulevard down to Columbus Street Wtth Phase II, the Ctty anttctpates and plans completton of the street grtd system (North Matn Street from Central Park all the way to Independence, South Matn Street from Central Park to Independence, and, totally reconstruct Garrett wtth a new 86-foot rtght-of-way, 20-foot wtde stdewalks on each side, heavtly landscaped from Vtrgtnta Beach Boulevard to the ratlroad tracks There wtll be a new traffic stgnal at Garret and Columbus, wtth dual turn lanes to allow access to the Parktng structure At Independence and Columbus, a trtple left turn lane be added to ease access to the Interstate Patrtcta Phtlhps, Dtrector of Ftnance, advtsed the proposed Phase H Pubhc Investments Garages - Projected costs of $18.5 - $19.0 million Approximately 2 70-300 spaces in Block 12for theater costing $4.5-$5.0 million will be paid from City CIP Remaining spaces (1,100-1,120) to be financed by Authority supported by TIF($18. 5 - $19M) $7.6 million for streets, plaza and other infrastructure $700,000 included for plaza; other options may increase costs Virginia Beach (VBDA) will own miscellaneous retail in Block 12 and lease to Developer March 25, 2003 -9- C I T Y MA N A G E R 'S BRIEFING TOWN CENTER PHASE H ITEM # 50925 (Continued) TIF revenues are projected to cover costs of garages Developer must make up difference if garage costs exceed TIF projections If shortfalls occur on an annual basis, there will be a special tax district to cover shortfall Summary of Proposed Public Participation Item Method of Financing Garages: Phase I $22.5- MILLION Phase H $18.5 - $19- MILLION Plaza Land: $ . 7-MILLION Infrastructure: Phase I $ 6.3-MILLION Phase H $ 7.6-MILLION VBDA issues a Revenue Bond, secured by a support agreement from the City. Source of City support is the TIF District incremental real estate revenues and private developer contributions VBDA to construct. Source of funds will be VBDA 'S EDIP and City CIP Operations & Maintenance of Garage All Phases Residual Lan ds: $7.3-MILLION (may be greater if additional land is acquired) Other Retail - Block 12: $1.5-MILLION Revenues from garage operations plus additional real estate taxes in the Special Tax District - currently 57¢ VBDA obtained bank loan, with mintmal or no principal due for 6 years (by 12/01/06). Developer provides optton performance bond to guarantee purchase of land within 6 years. Land to be purchased at VBDA 's onginal price, plus carrying cost. VBDA tssues Revenue Bond for purchase. Developer obligation to repurchase after 5 years at VBDA 's cost, plus cost of carry. Developer master leases at VBDA 'S cost, of carry (years 1-3), then at FMV RENT. Obligations secured by guarantee of Developer's principals and by equity in Residual Land. Summary of Financial Structure - Phase I and Phase H Proposed (millions) Project Element Phase I Phase H** Total Public Investment Public Parking Garage- TIF District Funded $ 22.5 $ 19.0' $ 41.5 Plaza Land TIF funded .7 0 .7 Infrastructure - CIP/ EDIP Funded 6.3 7. 6 13. 9 Total Garage and Infrastructure $ 29.5 $ 26.6 $ 56.1 Total Private Investment $ 75.0 $80.0-$90.0 $155.0-$165.0 Estimated Completion Dates Fall 02/03 Fall 04/05 * Not to Exceed ** Reflects currentproposal March 25, 2003 -10- C I T Y MA N A G E R 'S BRIEFING TO WN CENTER PHASE H ITEM # 50925 (Continued) Fiscal and Economic Impacts of Phase I and H Year 1 Year 7* Economic Output $ 45-MILLION $ 128-MILLION Employment (direct and indirect) 800 2,300 Income (wages) $ 22-MILLION $ 56-MILLION *lst year o f full impacts Fiscal Impacts Net Fiscal lmpact : the projected tncrease tn taxes and other revenue to the Ctty, less expenses tncurred as a result of the Town Center $13-MILLION, over 10 years $35-MILLION, over 20 years The School Board is expected to benefit extensively addtttonal ben efits of $6.9-MILLION in the first 10 years; $18.1-MILLION over the first 20 years State would benefit from sales taxes of $21-MILLION over 20 years Other Benefits Incremental real estate taxes projected to be generated over 20 years will pay bonds: Phase I is $55-MILLION Phase H is $2I-MILLION When the bonds are rettred and TIF ts ended VBDA will continue to own the Public Parking Garages which will still have many years of service left City impacts approximately $8-MILLION in fiscal impacts, including real estate revenue each year Schools would benefit by $4.7-MILLION annually. Phase II Ttmtng Clear Block 12 Begtn Blocks 12, 3 and 8 Completton of Block 12, Authortty purchase garage and other retatl Completton of Block 1 O, Authortty purchase garage March 2003 Spring 2003 Summer 2004 Ftrst Quarter 2005 March 25, 2003 -11- CITY MANAGER'S BRIEFING TOWN CENTER PHASE H ITEM # 50925 (Continued) Mark Wawner advtsed the $700,000 Plaza Budget encompasses an esttmate of quahty street tmprovements, however, the unknown ts the fountatn (or water feature) destred for the pubhc plaza These features vary from $50,000 to a $1-MILLION dependmg upon the level of quahty or mteractton of computertzed hghts and mustc However, a htgh quahty Plaza area can be developed wtthtn the $700,000 budget An archttect wtll devise concepts tnvolvtng several vartables for the Plaza area These concepts wtll be presented to Ctty Counctlfor thetr gutdance Thts ts a pubhc park There are three (3)parktng garages encompasstng Town Center Phase l and lI 1300 spaces tn Block 4, 840 tn Block 10 and 574 structured parktng tn Block 12 The Developer has the rtght to lease 10% or (130 spaces) only tn Block 4 Thts revenue goes to the operatton and matntenance of the garage All the rest will be free and open to the pubhc Block 10 garage ts also open to the pubhc, however, the Ctty does envtston short term leases for the apartment tenants (whtch encompasses approxtmately ~ of the parktng) Mrs Phtlhps referenced theparktng spaces for theperformtng arts wtll be dertved from the Theatre Capital Improvement ($4. 5-MILLION). The Ctty Manager advtsed tf the Ctty Counctl chooses not to construct a Theatre tn Town Center and place tt tn another locatton, $4.5-MILLION has been invested tn thts Parktng Deck for thts purpose at Town Center However, these spaces would not be wasted as they could be avatlable for pubhc utthzatton Next Steps Council receives public comment When Development Agreement Ready Authorize the City Manager to execute Project Documents necessary to pursue the construction of Town Center Phase H Next Meeting after Public Comment received Sentor Asststant Ctty Attorney Carol Hahn, advtsed the Development Agreement wtll contatn reference to quahty butldtng materials and constructton adhertng to the project. Elements of quahty are contatned wtthtn the land use controls which also govern the project It ts the Ctty's tntentton to promote a first class operatton Development crtterta are placed on the enttre project whtch wtll "raise the bar" and restrtct the type of tenant t e no bowhng alley or btngo parlor type of operatton The Ctty Manager advtsed three (3) posstble locattons are betng examtned for the Theatre locatton Block 7, 9 and 11 In the Phase II, package some of the ttems have been tncluded whtch were prevtously constdered as Phase III tnfrastructure the twopteces of addtttonal roadway extend from North/South Matn Street and connect out to Independence Boulevard Thts wtll prevent later dtsruptton of thts area Mr Wawner advtsed the tnfrastructure and prtvate development monthly reports curtatled wtth the completton of Phase I When Phase Il commences, the reports agam wtll be tssued Jeff Grtffin - Moore and Assoctates, has been engaged as Constructton Manager He was the Constructton Manager for the amphttheater Mr Grtffin ts both atratned architect and developer The Phase I contract was $1 O, 000 per month The Phase II contract ts currently betng negottated March 25, 2003 - 12- CITY COUNCIL INFORMAL DISCUSSION 4:01 P.M. ITEM # 50926 Mayor Oberndorf advtsed Yolanda Jones-Howell, Pubhc Relattons Coor&nator, was tn attendance on behalf of the Vtrgtnta Beach School Board Mayor Oberndorf referenced correspondence from Chatrman Dan Edwards -Vtrgtnta Beach School Board, re proposal requesttng $548,221,228 ($18. 7-MILLION above formula). Mr Edwards requested a response by March 25, 2003, tf the Ctty could not afford thts proposal The Ctty Manager advtsed to fund the salary request for teachers tn the amount of six percent (6%) would entatl approxtmately $&4-MILLION A six (6%) increase for the enttre Vtrgtnta Beach School Board Personnel would entad approximately $1Z1-MILLION The City's Resource Management Plan does cut some current servtce levels t e street resurfactng ts proposed for a 20% reductton The fundtng ts not avatlable for schools Concermng the Governor's constderatton of ad&ttonal fundtngfor teacher salary tncreases, the Ctty Manager advtsed because of good news re the State's sales tax and lower debt cost than ortgtnally anttctpated, there ts approxtmately $2.8-MILLION additional available resources not reflected tn the School's budget The news from Rtchmond tndtcates the Governor ts gotng to stand firm and make addtttonal cuts, tf necessary, to guarantee the ratses for teachers and posstbly State employees State employees have not had an increase tn approximately three (3) years Thts would entatl approxtmately $2.5- MILLION Thts would reflect a total of $5.3-MILLION additional revenue. Thts fundtng would result tn approximately a 5% tncrease for teachers, as opposed to the 3% ortgtnally proposed by Dr Jenney or the 6% recommended by the Vtrgtnta Beach School Board Thts could be accomphshed wtthtn the fundtng formula Eighty-five (85%) percent of the Schools have passed the Standards of Learning (SOL 's) tests Counctl Lady Wtlson referenced responses to her questtons relattve the School budget Catheryn I97tttesell, Dtrector of Management Servtces, advtsed the School Board forwarded the responses Frtday, March 21, 2003, at 5 30 P M too late for the agenda dehvery to Ctty Counctl Ms I'Vhttesell dtstrtbuted the responses Relattve the projected 2002-2003 reversion funds, the Schools advtsed "Thts has not yet been calculated" Mayor Oberndorf , l,'tce Mayor dones and the Ctty Manager have met wtth Chatrman Dantel Edwards, Vtce Chatr Netl L Rose and Supertntendent Dr denney Mr Edwards presented a hst of ttems on whtch the Ctty has worked wtth Schools over the years For the last three or four years, Mr Edwards advised the teachers' ratses were strtctlyfrom the fundtng made avatlable by the City No State funds were included Vtce Mayor Jones advtsed they recetved no tndtcatton the Chatr or Vtce-Chatr were aware of thts $5.3-MILLION posstble addtttonal revenue Relative the requested tncrease of 77. 7 Full Time Employees (FTE's), thts was tn order to reduce one person per class Items of thts nature should be examtned Ms Whttesell advtsed the majortty of the cuts relate to a decrease tn student enrollment These are bastcally reallocated wtthtn the Budget ,4pproxtmately 77 postttons were ehmtnated from Elementary Schools and these are reallocated wtthtn next year's budget However, the "numbers" do not match back to the Board's or Supertntendent's approved budget Addtttonal teachers, requested by the School Board, would requtre addtttonal classroom space Portables would be acqutred for these postttons One hundred thirty-four (134) positions were approved by the School Board in the $18.7-MILLION above formula Nearly $43- MILLION to ehmtnate portables was provided from the Ctty several years ago Approxtmately the same number of portables are sttll tn the system, however, some of these are utthzed for moderntzatton tssues March 25, 2003 - 13- CITY COUNCIL INFORMAL DISCUSSION ITEM # 50926 (Continued) The Ctty Manager advtsed the Governor should make hts dectston on Aprtl 2, 2003 The Ctty should be aware of the Governor's dectston relattve schools by Aprtl 15, 2003 (Quality Education and Lifelong Learning/City Council and Virginia Beach School Board Workshop). The Ctty ~tttorney advtsed the School's are trytng to respond to the City Counctl 's poltcy and are, therefore, requesttng chrectton ,4 letter does not necessartly have to be written, just some type of response Correspondence shall be forwarded to the School Board Wtthtn the contents of the letter, the posstble $5.3- MILLlON fundtng by the Governor should be evaluated by the School Board The Schools should find the rematntng $3.1-MILLION wtthtn thetr Operattng Budget March 25, 2003 - 14- AGENDA RE VIE W SESSION 5:00 P.M. ITEM it 5092 7 K 10rdtnance to AUTHORIZE the acqutsttton of Agrtcultural Reserve Preservatton (ARP)easements and tssuance of contract obhgattons for 77 6 acres at 1884 Pleasant Rtdge Road from Nelson E. and Kay S. Morris for $234,256 (Installment Agreement 2003-53) (DISTRICT 7 - PRINCESS ANNE) Counctl Lady McClanan wtll vote a VERBAL NAY. ITEM it 50928 K 6 Resolutton to support Hampton Roads Transtt (HRT) tn thetr apphcatton for federal funds for a study re tmplementatton of a Bus Rapid Transit (BRT) system tn the Resort Area. Mayor Oberndorf referenced her telephone conversatton wtth Congressman Schrock The Ctty Manager advised speaktng wtth Congressman Schrock relattve this item The amount of fundtng for the requested feastbthty study ts approxtmately $200,000 to $225,000. The Hampton Roads Planning District Commission (HRPDC) has been requested to make these funds avatlable The effort at the Congresstonal level ts to attempt to get a place holder tn the reauthortzatton of the Transportation Efficiency Act of the 21't Century (TEA-21) that wtll allow some potenttal funds to be utthzed for this system If tt ts found to be feastble and cost effecttve, thts fundtng would entatl approxtmately $40-MILLION, whtch ts the prehmtnary esttmate of a system runmngfrom the Cavaher Hotel to Rudee Loop back up to the Conventton Center and posstbly connecttng to Lynnhaven Mall or Htlltop The City Manager shall forward a copy of the Resolutton to Congressman Schrock Counctlman Maddox advtsed the TEA-21 is a 6-year bill Etther, the Ctty ts a part of thts Btll now or the Ctty must watt another stx (6) years Thts does not commtt the Ctty to fundtng, but ts tn the process we must follow for potenttal Federal fundtng ITEM it 50929 B Y CONSENSUS, thefollowtng shall compose the CONSENT AGENDA: K1 K2 Or&nance to AUTHORIZE the acqutsttton of Agrtcultural Reserve Preservatton (ARP)easements and tssuance of contract obhgattons for 77 6 acres at 1884 Pleasant Rtdge Road from Nelson E. and Kay S. Morris for $234,256 (Installment Agreement 2003-53) (DISTRICT 7 - PRINCESS ANNE) Or&nance to DECLARE EXCESS PROPERTYon a parcel of land at Prtncess Anne Road and Concert Drtve, and AUTHORIZE the City Manager to convey thts property to LifeNet. March 25, 2003 - 15- AGENDA RE VIE W SESSION ITEM ii 50929 (Continued) K3 Or&nance to,4 UTHORIZE a temporal_ encroachment tnto City-owned property tn behalf of ROBERT L. SNYDER (Ponttac Arms Apartments) re constructtng and matntatntng rtp rap, an extsttng bulkhead, dock and wharf into Rudee Inlet at 101 Cypress Avenue (DISTRICT 6 - BEACH) K4 Ordtnance to APPROPRI,4 TE $45,000 from the General Fund for an tnterest-free loan to Davis Corner Rescue Squad re ambulance replacement K5 Ordtnance to ,4PPROPRIATE $48,000 from the Poltce Servtces Fund and $95,000 tn tnterest from Poltce Department accounts to the FY 2002-03 Operattng Budget re replacement of service weapons. K6 Resolutton to support Hampton Roads Transtt (HRT) tn thetr appltcatton for federal funds for a study re tmplementatton ora Bus Rapid Transit (BRT) system tn the Resort Area. K 7 Vtrgtnta Department ofTransportatton (VDOT)re Holland Road, Phase VI Project Ordtnance REQUESTING establishment of the rtght-of- way between Pleasant Acres Drtve and Christopher Farms Drtve as an underground uttltty corrtdor Resolutton REQUESTING VDOT aqutre the necessary rtghts-of-way for Holland Road Phase VI wtth conveyance to the City K8 Resoluttons REQUESTING acceptance by the Vtrgtnta Department of Transportatton a An ad&tional 16 08 lane mtles of new streets for Urban Matntenance payments b An tncrease ofl 60 lane mtles ofartertal and local collector streets to the tnventory for Urban Matntenance payments Counctl Lady McClanan will vote NAY on Item K 1 March 25, 2003 -16- ,4 GEND,4 RE VIE W SESSION ITEM # 50930 L2 Apphcatton of THE HOME DEPOT US,4 for a Con&ttonal Use Permtt re bulk storage for outdoor drtve- through seasonal sales at 2020 Lynnhaven Parkway, contammg 13 93 acres (DISTRICT 1 - CENTER V[LLE) Counctl Lady Eure distributed two proposed conchttons 5 A mtmmum etght-foot (8ft), sohd, tan vm¥lfence shall be installed to enclose thepaved area behtnd the butldtng The wall shall extend southeast from the eastern back corner qf the buddtng and turn southwest along the paved area to the existing wall on the southern proper~_ hne Le¥1and cypress trees (five to mx_feet htgh and twelve feet apart at planttng) shall be planted on the outstde of the fence There shall be no chspla¥ or storage of merchandtse beyond the stdewalk along the_front of the butldtng Storage behtnd the butldtng shah be mstde of the fenced area and shall not reach a hetght greater than et#hr (8)_feet Councd Lady Eure requested the staff contact Randy Royal, the apphcant's representattve, to be sure he concurs wtth these conchttons ITEM # 50931 L4 Apphcattons of Quarles Petroleum, Inc. on the northwest corner of Wesley Drive and Potters Road, containing 36285 48 square feet (DISTRICT 6 - BEACH) re Change of Zomng Dtstrtct Classtficatton from 0-2 Office Dtstrtct to Conditional I-1 Ltght Industrtal Dtstrtct for hght tndustrtal land use b re Conchttonal Use Permtt re automobtle servtce statton Councd Lady McClanan expressed concern Stephen Whtte, Planmng, advtsed the trucks would be stmtlar to UPS trucks, not large 18-wheeler type Mainly contractors would be utthzmg thts facdtty The only use permttted on the stte shall be the unmanned fleet fuehngfacdtty, to e operated exclustvelyfor fleet and bustness customers Thts stte shall be essenttally concealed wtth htgh bermmg and race landscaptng March 25, 2003 -17- AGENDA RE VIE W SESSION ITEM # 50932 K 5 Apphcattons of }YEST NECK PROPERTIES, INC. at the northeast corner ofWest Neck andlndtan Rtver Roads (3132 West Neck Road), contatnmg 87 215 acres (DISTRICT 7 - PRINCESS ANNE) Vartance to Sectton 4 4 (b) of the Subdtvtston Ordtnance re the thtrty (30)-foot mtntmum pavement wtdth for tntertor streets b Change of Zomng Dtstrtct Classtficattonfrom AG-1 and AG-2 Agricultural to Conditional R-15 Residential c Conchttonal Use Permtt re Open Space Promotton Asststant Ctty Attorney Kay Wtlson advtsed the proffers contatned wtthtn Ctty Counctl's agenda package do not correspond to the agenda request form or to the Planntng staff comments Asststant Ctty Attorney Wtlson chstrtbuted the Proffered Conditions wtth whtch the apphcant wants to proceed The dtfferences between the chstrtbuted Proffered Condtttons and the ones tn Ctty Council's agenda packets are the chstrtbuted Proffered Conditions list 64 lots in a plan dated July 5, 2001 The agenda Proffered Conditions list 58 lots in a plan dated April 15, 2002. The dtstrtbuted Proffered Conditions also hst 46. 74 acres dedicated to open space and 65% of the development so dedicated The agenda Proffered Conditions list 39.59 acres dedicated to open space and 56% of the development so dedicated The Proffered Conditions of 64 lots and 65% of the development must be dedicated to Open Space is the plan upon which the applicants wish to proceed ITEM # 50933 K 6 Apphcattons ofCarMaxAuto Superstores, Inc. (DISTRICT 3 - ROSE HALL) re Dtsconttnuance, closure and abandonment of a portton of Rodrtguez Drtve 200feet south of Bonney Road, containing 7, 405 20 square feet re Dtsconttnuance, closure and abandonment of a portton of Wagner Street south of Bonney Road, contatntng 7,405 20 square feet re Change qf Zontng Dtstrtct Classtficatton from 1-2 Heavy Industrtal Dtstrtct. Conditional l-2 Heav¥ Industrtal Dtstrtct and B-2 Communtty Bustness Dtstrtct to Conditional B-2 Communtt¥ Bustness Dtstrtct for retatl commerctal land use contatntng 21 5 acres re Condtttonal Use Permtt re motor vehtcle sales on the south stde of Bonney Road, west of Chestnut Avenue, contatntng 21 5 acres March 25, 2003 -18- AGENDA RE VIE W SESSION ITEM it 50933 (Continued) Counctl Lady McClanan requested the addttton of a con&tton Monument stgn shall not be taller than etght (8)feet ITEM it 50934 L 7 Apphcatton of Michael D. Sifen, Inc. re Change of Zontng Dtstrtct Classification from R-SD Restdenttal Duplex Dtstrtct to Conditional I-1 Ltght Industrtal Dtstrtct for hght tndustrtal land use on the west stde of Centervtlle Turnpike and Kempsvtlle Road, contatmng 6 724 acres (DISTRICT1 - CENTER VILLE) Councd Lady Eure requested deferral unttl the Ctty Counctl Sesston of Aprtl 22, 2003, and the apphcant has concurred The Ctty ts contemplattngpurchastng thts land for open space The Open Space Committee was to revtew thts item on March 24, 2003, and dtd not have a quorum ITEM it 50935 L9 Apphcatton of Lake Gem, LLC, re Change of Zontng Dtstrtct Classtficatton from B-2 Communtty Business Dtstrtct to Conditional A-18 Apartment Dtstrtct and Conditional B-2 Communtt¥ Bustness Dtstrtct for retatl commercial land use and multt-famtly restdenttal land use (not to exceed 12 untts per acre) on the southeast corner of Ntmmo Parkway and Upton Drtve, contatntng 18 58 acres (DISTRICT 7 - PRINCESS ANNE) Robert Scott, Dtrector of Planmng, advtsed tn 1963 this site, which is a portion of a larger site, was rezoned form Reidence Suburan and Agricultural to Limited Commercial Thts placed approxtmately 350 acres of commercial in this area, which is not feasible The Commtsston has expressed the desire that some of thts property be converted to restdenttal development Thts apphcatton comphes wtth that request ITEM it 50936 LIO Ordtnance to AMEND ~ 901 of the Ctty Zontng Or&nance (CZO) re allowtng Public or Private Colleges or Universities as permtttedprtnctpal uses tn the B-2, B-3, B- 3A and B-4 Bustness Dtstrtcts. The Planntng Commtsston DEFERRED actton on these amendments unttl thetr Aprtl 9, 2003, Commtsston Meettng Therefore, no actton by the Ctty Counctl ts necessary March 25, 2003 -19- AGENDA RE VIE W SESSION ITEM ii 5093 7 BY CONSENSUS, the followtng shall compose the PLANNING BY CONSENT AGENDA L1 Ordtnance to further EXTEND the date for sattsfytng condtttons approved March 26, 2003, for the chsconttnuance, closure and abandonment of porttons of Morris Avenue and Katie Brown Drive tn behalf of the United Jewish Federation of Tidewater Enterprises. L2 Apphcatton of THE HOME DEPOT USA for a Conchttonal Use Permtt re bulk storage for outdoor drtve- through seasonal sales at 2020 Lynnhaven Parkway, contamtng 13 93 acres (DISTRICT 1 - CENTER V[LLE) L3 Request for a Variance to Sectton 4 4 (b) of the Subchvtston Or&nance that requtres all newly created lots meet all the requtrements of the Ctty Zontng Ordtnance (CZO) for Guy R. Rogers, at 4101 Thaha Drtve Cotsrvacr s - ~ YNNHA VEN) L4 Apphcattons of Quarles Petroleum, Inc. on the northwest corner of Wesley Drive and Potters Road, contatntng 36285 48 square feet (DISTRICT 6 - BEACH) re Change ofZomng Dtstrtct Classtficatton from 0-2 Office Dtstrtct to Conditional I-1 Ltght Industrtal Dtstrtct for hght tndustrtal land use b re Con&ttonal Use Permit re automobtle servtce statton L 6 Apphcattons ofCarMaxAuto Superstores, Inc. (DISTRICT 3- ROSE HALL) re Dtsconttnuance, closure and abandonment of a portton of Rodrtguez Drtve 200feet south of Bonney Road, contatntng 7, 405 20 square feet re Dtsconttnuance. closure and abandonment ora portton of Wagner Street south of Bonney Road, contatntng 7, 405 20 square feet re Change of Zontng Dtstrtct Classtficatton_from 1-2 Heavy Industrtal Dtstrtct, Conditional I-2 Heaw_ Industrtal Dtstrtct and B-2 Communt~ Bustness Dtstrtct to Conditional B-2 Communtt¥ Bustness Dtstrtct for retatl commerctal land use contatmng 21 5 acres d re Conchttonal Use Permtt re motor vehtcle sales on the south stde of Bonney Road, west of Chestnut Avenue, contatmng 21 5 acres March 25, 2003 - 20- AGENDA RE VIE W SESSION ITEM # 5093 7 (Continued) L 7 Apphcatton of Michael D. Sifen, Inc. re Change of Zomng Dtstrtct Classtficatton from R-SD Restdenttal Duplex Dtstrtct to Conditional 1-1 Ltght Industrtal Dtstrtct for hght tndustrtal land use on the west stde of Centervtlle Turnptke and Kempsvtlle Road, contatmng 6 724 acres (DISTRICT 1 - CENTER VILLE) Conchttons shall be added to Item L 2 Conchtton shall be added to Item L 6 Item L 7 shall be DEFERRED, BY CONSENT, unttl the Ctty Counctl Session of Aprtl 22, 2003 March 25, 2003 Page 1 of 1 Beverly Hooks - Morris ARP Closing From: Mary Lou Gayla To: ARP Date: 3/31/2003 9:15 AM Subject: Morr~s ARP Closing CC: Atk~nson, Melwn ~[ have spoken to Mrs Morr~s th~s mormng and they would I~ke to schedule their ARP closing The Morr~s's are Iookmng at the 16th, the 23rd or the 30th of Aprml Please let me know ~f you or your designee w~ll be avmlable during any of those weeks Thank you Mary Lou ') o o o file://C:~Documents ¼20and ¼20Sett~ngs\bhooks\Loca1¼20Sett~ngs\Temp\GW} 00008.HTM 4/1/2003 - 21 - CITY COUNCIL COMMENTS 5:2 7 P.M. ITEM # 50938 Counctl Lady Wtlson tnqutred relattve the status of the Ordtnance to AMEND the Ctty Code concerntng Tax revtstons Receipt and collection of meal taxes; Admission and lodging taxes; and, new penalty and interest provisions for these taxes. Vtce Mayor Jones and Counctl Lady McClanan, Ltatsons, are to meet wtth the Commtsstoner and the Ctty Treasurer thts week and wtll provtde a report to Ctty Counctl Mayor Oberndorf referenced correspondence from Delegate McDonnell requesttng the Governor not to stgn the Btll reductng the Operattng Budget for both the Commtsstoner of the Revenue and the Ctty Treasurer by 45% ITEM # 50939 Counctlman Reeve referenced the arttcle tn the newspaper concermng the Performing Arts Theatre The arttcle tncorrectly advtsed the Ctty Counctl ts recommending an addtttonal $5-MILLION of taxpayers funds from the user fees for thts Theatre Thts was a mtsrepresentatton ITEM # 50940 Counctlman Reeve referenced the Pubhc Heartng re the Utility Easement for the VEPCO Transmission Line at Landstown Road on February 11, 2003. Counctl Lady Eure and Councdman Reeve met wtth Domtnton Power, Ctty Staff and SPLICE (Courthouse Estates) to chscuss thts issue The SPLICE group requested thts easement not be granted unttl such ttme as Domtnton Vtrgtnta Power sattsfies thetr concerns Councilman Reeve belteves thts item should be scheduled for the Aprtl 8, 2003, Ctty Counctl Sesston Counctlman Reeve ts attempttng to find a method to provtde flextbtltty and gtve some rehef to the Courthouse Estates restdents Counctlman Reeve does not beheve the two tssues are related It may be the same ltne, but that does not determtne where the ltne wtll be once tt gets down to the Courthouse Estates area This ts dtsjotnted by approxtmately 1 mtle The purpose of the Transmtsston Ltne and the West Lanchng Substatton was to Provide adequate electrical facilities to serve existing and future load Maintain existing levels of service availability in the load area Provide an economical plan Councdman Reeve advised the Untted States Army Corps of Engtneers responded that Vtrgtnta Domtnton Power should modtfy thetr route through the Rock Church property because of Wetland concerns The Corps of Engtneers has proposed another route whtch offsets tn excess of 5OO feet tn some locattons The Ctty Manager advtsed the portton of the hne necessary for the Ctty's easement would be at the Substatton Mayor Oberndorf advtsed tf Vtrgtnta Domtnton Power destres to do so, they have the authortty to condemn dtm Lawson, Real Estate, advtsed Domtnton Vtrgtnta Power rs currently revtewtng amenchng the permit concerntng the uttltzatton of stngle pole rather than "h "poles throughout the Courthouse Estates area March 25, 2003 - 22 - ITEM # 50941 Mayor Meyera E Oberndorf , called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Buddtng, on Tuesday, March 25, 2003, at 5:30 P.M. Councd Members Present Margaret L Eure, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf J~m Reeve, Peter W Schmtdt, Ron A Vdlanueva and James L Wood Councd Members Absent Harry E Dtezel, Rtchard A Maddox and Rosemary Wdson March 25, 2003 - 23 - ITEM # 50942 Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct its CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgmta, as amended, for the followmg purpose PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meettng would adversely affect the bargatntngposttton or negottattng strategy of the pubhc body pursuant to Section 2 2-3711(A)(3) Acqutsttton of Property - Baystde Dtstrtct Upon motton by Vtce Mayor Jones, seconded by Councilman Reeve, Ctty Counctl voted to proceed tnto CLOSED SESSION. Vottng 8-3 Counctl Members Vottng Aye Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Harry E Dtezel, Rtchard A Maddox and Rosemary Wtlson (5:30 P.M. - 6:10 P.M.) March 25, 2003 - 24 - FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL March 25, 2003 6:10 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldmg, on Tuesday, March 25, 2003, at 6 10 P M Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Absent None INVOCATION Reverend Tommy Taylor London Bridge Bapttst Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA March 25, 2003 Item V-E. 1. - 25 - CERTIFICATION OF CLOSED SESSION ITEM Pt 50943 Upon motton by Counctlman Maddox, seconded by Counctlman Reeve, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng requtrements by Vtrgmta law were chscussed tn Closed Sesston to whtch thts cert~catton resolutton apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton convenmg the Closed Session were heard, discussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng 11-0 Council Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None March 25, 2003 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Councd convened ~nto CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM ii 50942, page 23, and m accordance with the proms~ons of The Virginia Freedom of Information Act, and, WHEREAS. Section 2 2-3 711 (A) of the Code of Virginia reqmres a certification by the governing body that such Closed Session was conducted in conformity w~th Virginia law NOW, THEREFORE, BE IT RESOLVED' That the V~rglma Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only pubhc bustness matters lawfully exempted from Open Meeting reqmrements by V~rg~ma law were d~scussed in Closed Session to which th~s certification resolution apphes, and, (b) only such public bus~ness matters as were identified in the motion convemng th~s Closed Session were heard, d~scussed or considered by V~rg~ma Beach City Council .~ecuth Hodge~Sm~th, MMC City Clerk March 25, 2003 Item V-F. 1. - 26- MINUTES ITEM # 50944 Upon motton by Councd Lady Wdson, seconded by Counctlman Maddox, Ctty Counctl APPROVED the Minutes of the INFORJlAL AND FORMAL SESSIONS of March 11, 2003. Vottng 11-0 Councd Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay None Counctl Members Absent None March 25, 2003 Item V-F. 1. -27- MINUTES ITEM # 50945 Upon motton by Councd Lady Wdson, seconded by Councdman Maddox, Ctty Council APPROVED the Minutes of the SPECIAL FORMAL and CLOSED SESSION of March 18, 2003. Vottng 9-0 Councd Members Vottng Aye Harry E Dtezel Margaret L Eure, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva and Rosemary Wdson Counctl Members Vottng Nay None Counctl Members Abstatmng Vtce Mayor Louts R Jones and James L Wood Councd Members Absent None Vice Mayor Jones and Councilman Wood ABSTAINED as they had to leave the Meeting prior to Adjournment. March 25, 2003 - 28- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 50946 B Y CONSENSUS, Ctty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION March 25, 2003 - 29 - Item V-H. 1. MA YOR 'S PRESENTATION ITEM # 50947 Mayor Oberndorf advised USA Weekend Magaztne created the "Ultimate Happiness Challenge" and set out to chscover first the "HAPPY CITY" and then the "HAPPIEST PERSON IN AMERICA" After numerous tests, subjecttve surveys, computertztng stattsttcs for thousands of towns nattonwtde that track quahty-of-h, fe tssues, Vtrgtma Beach was dtscovered There next challenge was to find the person Wtth twenty candtdates to screen, J.P. "Gus" Godsey was dtscovered He met all the crtterta and was descrtbed as "10 gallons of happtness tn a 5-gallon bag, happy tn that btg, genutne Southern way" Vtrgtnta Beach was declared the "Best Ctty tn Amertca tn whtch to hve" The Ctty Counctl, as the governmg body of thts HAPPY CITY, does hereby declare thts Twenty-fifth day of March, Two Thousand Three, as HAPPINESS IS: J.P. "Gus" GODSEY DA Y Mr Godsey accompamed by hts wife, Judy, ACCEPTED, wtth prtde, the Resolutton (sponsored by Counctlman Vtllanueva) Mr Godsey presented "happy gtfts" to the City Council and ajar of pasta sauce to the Mayor He had presented a stmtlar jar of sauce to Conme Chung and Dtane Sawyer He also presented hts own autographed USA Weekend Magaztnes to the Mayor and Ctty Counctl, Ctty Manager, Ctty Attorney and Ctty Clerk March 25, 2003 WHEREAS: The Ctty of Virginia Beach ts the largest ctty in the Commonwealth of Vtrginia with close to one-half million residents; WHEREAS: In 1607, the first settlers were happv to dtscover land after a long and arduous journey through all kinds of weather; however, upon their landing on the shores of Virgtnta Beach at Cape Henry, they were forced to move inland to Jamestown for fear of the Spamsh ships offshore, the lack of fresh water and the presence of people they did not know; WHEREAS: Had the first settlers remained at Cape Henry, they wouM have been ve~_ ha~t~v to find their fears of war would have been unfounded; they would have discovered aplenty of fresh water and the Indians would have been no greater a threat than they were in Jamestown; WHEREAS: Vtrginia Beach is the largest resort city tn the world, having grown from a small community to a "town" status and then a small city before merging with the larger agricultural area known as Prtncess Anne County by charter as a "city of the first class" on January 1, 1963; WHEREAS: It ts known that happtness is - - almost anything we want to be - - or anything we want to hold dear to ourselves. Truly happy people can actually use psychologtcal tools they themselves possess to deal wtth adversity, loss, emergency sttuattons or strenuous ctrcumstances. Even health professionals will agree that happiness is a key contributor to our well being and overall existence; and, WHEREAS: usa Weekend Magazine created the "Ultimate Happiness Challenge" and set out to discover first the "HAPPY CITY" and then the "HAPPIEST PERSON IN AMERICA". After numerous tests, subjective surveys, computerizing statisttcs for thousands of towns nattonwide that track quality-of-life issues, Virginia Beach was discovered. Thetr next challenge was to find the person. With twenty candidates to screen, J. P. "Gus" Godsey was discovered. He met all the criteria and was described as "10 gallons of happiness tn a 5-gallon bag, happy in that big, genuine Southern way". NOgY, THEREFORE, BE ITRESOLVED: ThattheCityCouncd, as the governing body of thts HAPPY CITY, does hereby declare this Twenty-fifth day of March, Two Thousand Three, as: HAPPINESS IS: J. P. "Gus" GODSEY DA Y and call upon the ctttzens of Virgima Beach to be HAPPY, love generously and reflect upon our hentage with much anticipation for the future as a "Community For A Ltfettme". · ADOPTED by the Members of Vtrgmta Beach Oty Councd thts.25th day of March 2003. Item V-H.2. - 30- MA YOR 'S PRESENTATION ITEM # 50948 Mayor Oberndorf recogmzed the followtng Boy Scouts tn attendance who are worktng on thetr" citizenship in the community" badge BOYSCOUT TROOP 473 Sponsored by Courthouse Estates Civic League A! Barr Scout Master Josh Barr Shawn Cudnohufsky Corry Cudnohufsky Kevin Ellingwood Eathan Iiams lan Marpuri Kevin Nelson March 25, 2003 - 31 - Item V-J. 1. PUBLIC HEARING ITEM # 50949 Mayor Oberndorf DECLARED ,4 PUBLIC HEARING: ,4gricultural Reserve Program (,4RP) - 1884 Pleasant Ridge Road There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. March 25, 2003 - 32 - Item VoJ.2. PUBLIC HEARING ITEM # 50950 Mayor Oberndorf DECLARED A PUBLIC HEARING: EXCESS PROPERTY- Princess Anne Road and Concert Drive re LtfeNet Mayor Oberndorf recogmzed Patrtck Thompson, Vtce Prestdent, Corporate Support- LtfeNet and welcomed LtfeNet to the Prtncess Anne Commons Court, looktngforward to thetr conttnued success and growth There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. March 25, 2003 Item V-K. - 33 - ORDINANCES/RES OL UTIONS ITEM # 50951 Upon motion by Vice Mayor Jones, seconded by Council Lady Eure, City Counctl APPROVED IN ONE MOTlONItems 1, 2, 3, 4, 5, 6, 7a/b, and 8a/b of the CONSENTAGENDA. Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None Counctl Lady McClanan voted a VERBAL NAY on Item K 1 (ARP/ MORRIS) March 25, 2003 - 34- Item V-K. 1. ORDINANCES/RES OL UTIONS ITEM # 50952 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED: Ordtnance to AUTHORIZE the acqutsttton of Agrtcultural Reserve Preservatton (ARP) easements and tssuance of contract obhgattons for 77 6 acres at 1884 Pleasant Rtdge Road from Nelson E. and Kay S. Morris for $234,256 (Installment Agreement 2003-53) (DISTRICT 7- PRINCESS ANNE) Vottng 10-1 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay Reba S McClanan Counctl Members Absent None March 25, 2003 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $234,256 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a summary of the material terms of which is hereto attached, and a true copy of which is on file in the City Attorney's Office) for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $234,256; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager or his designee is hereby authorized to approve, upon or before the execution and delivery of the Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 4.75% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 6.75% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on this 25th day of March , 2003. 7O 71 Adoption requires an affirmative vote of a majority of all members of the City Council. CA8769 arppurchase/morris/morrisord, wpd R-1 February 25, 2003 APPROVED AS TO CONTENT- A APPROVED AS TO LEGAL SUFFICIENCY: na~ ~Je~p%rtment APPROVED AS TO AVAILABILITY OF FUNDS' Finance Department AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2003-53 SUMMARY OF MATERIAL TERMS SELLER: Nelson E. and Kay S. Morris PROPERTY LOCATION: 1884 Pleasant Ridge Road PURCHASE PRICE: $234,256 EASEMENT AREA: 77 6 acres more or less DEVELOPMENT POTENTIAL: 5 s~ngle-famlly dwelhng sites (4 acquired, 1 reserved for future development) DURATION: Perpetual INTEREST RATE: Equal to y~eld on U S. Treasury STRIPS acquired by C~ty to fund purchase price, but not less than 4.75% (actual rate to be determined when STRIPS are purchased prior to execution oflPA). Rate may not exceed 6.75% without approval of C~ty Council. TERMS: Interest only twice per year for 25 years, w~th payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and dehvery of IPA. Nelson & Kay Morris Land Old Ca - 35 - Item V-K.2. ORDINANCES/RESOL UTION ITEM # 50953 Upon motton by Vtce Mayor Jones, seconded by Councd Lady Eure, Ctty Counctl ADOPTED: Or&nance to DECLARE EXCESS PROPERTY on a parcel of land at Prtncess Anne Road and Concert Drive, and AUTHORIZE the CtO~ Manager to convey thts property to LifeNet. Vottng 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None March 25, 2003 ORDINANCE NO. AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING CITY MANAGER TO CONVEY SAME TO LIFENET WHEREAS, the City of Vlrglma Beach acquired ownership of a certain parcel of real 6 property containing 22.39 + acres, located in the southeast quadrant of the intersection of Pnncess 7 Anne Road and Concert Drive (GPIN' 1485-73-7187) in the City of Vlrglma Beach, Virginia, (the 8 Property) recorded in Deed Book 1019, at page 47, WHEREAS, LlfeNet, a Virginia non- stock corporation ("LlfeNet") has requested that the City convey the Property to LlfeNet on the terms and conditions set forth in the attached Summary of Terms; and 12 WHEREAS, the City Council is of the opinion that the Property is in excess of the needs of the City of Virginia Beach and should be sold to LlfeNet 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 16 1. That the following described Property is hereby declared to be in excess of the needs of the City of Vlrglma Beach and that the City Manager is hereby authorized to convey the said Property to LlfeNet on the terms and conditions set forth in the attached Summary of Terms 19 20 21 22 23 24 25 All those certain lots, pieces or parcels of land situate in the City of Virginia Beach, Virginia, and designated and described as "PARCEL 4 (Purchase Parcel) Area=15.82 Acres" and "PARCEL 5 (Option Parcel) Area =6.57 Acres" as shown as on the attached plat entitled: "EXHIBIT SHOWING EXCESS PROPERTIES TO BE CONVEYED TO LIFENET BY THE CITY OF VIRGINIA BEACH, VIRGINIA," dated. January 13, 2003, Scale: 1 "=200'. 2 6 2. That the purchase price for 15 82± acres of the Property, also known as the 2 7 "Purchase Parcel", will be calculated at $125,000 per acre, which purchase price shall be prorated 2 8 for any part of an acre conveyed. 29 3. That the purchase price of the remaining 6 57± acres of the Property, also 3 0 known as the "Option Parcel", will be calculated at $125,000 per acre, which purchase price shall 31 be prorated for any part of an acre conveyed and shall include an annual escalator based on the 3 2 Consumer Price Index. 33 4. That the Property shall be conveyed subject to all restrictions and easements 3 4 of record and subject also to the Summary of Terms attached hereto, with such other ~nsertlons and 35 modifications as may be deemed necessary and/or advisable by the C~ty Manager and may be 3 6 approved by the City Attorney. 37 5. That the City Manager is hereby authorized, on behalf of the City, (a) to 3 8 develop an agreement of sale in substantial conformity with the attached Summary of Terms, with 39 such other insertions and modfficatlons as may be deemed necessary and/or advisable by the City 4 0 Manager and approved by the City Attorney, and all other documents necessary to carry out the sale 41 of the Property to LlfeNet, and (b) to execute and dehver such definitive transaction documents so 4 2 long as such documents are consistent with the attached Summary of Terms, are deemed necessary 43 and/or advisable by the City Manager to carry out the sale of the Property to Llfenet and have been 44 approved by the City Attorney. 45 This Ordinance shall be effective from the sate of its adoption 46 Adopted by the Council of the City of Vlrglma Beach, Virginia, on the2 5th day of 4 7 March ,2003. 4 8 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF 49 ALL COUNCIL MEMBERS ELECTED TO COUNCIL. 5O 51 52 53 54 CA-8660 PREPARED' February 28, 2003 R-3 APPROVED AS TO CONTENT c Works/Real Estate APPROVED AS TO Law Department ~J H ~Excess~LlfeNet~hfenet ord wpd SUMMARY OF TERMS Seller: City of Vlrglma Beach (the "City"). Purchaser: LlfeNet, a Virginia non-stock corporation ("LlfeNet"). Property: Approximately 15.82 acres of a 22 39 acre tract to be sold to LlfeNet. The 22.39 acres tract is located in the southeast quadrant of the intersection of Pnncess Anne Road and Concert Drive The 15.82 acre parcel (the "Property") is located at the eastern end of the tract which does not front Pnncess Anne Road. Purchase Price Property. Purchase price shall be $125,000/ac. A deposit of $50,000 shall be payable within 10 days of the execution and delivery of a definitive Agreement of Sale. Option Parcel: LlfeNet will have a ten-year option to purchase the remmmng 6.7 acres of the 22.39 acre tract IfLlfeNet elects not to continue the annual deposit for the Option Parcel after year 5 as set forth below, the option will terminate and LlfeNet will have a right of first refusal in years 6 through 10. Option Parcel Purchase Price: $125,000/ac with an annual escalator based on the Consumer Price Index for years 1 through 5. The purchase price for years 6 through 10 will be at fair market value to be determined by 3 appraisers. Additionally, a deposit orS 10,000 annually is required payable at the beginning of each year dunng the term of the option The deposit is to be applied to the purchase price of the Option Parcel if the option or the right of first refusal is exercised. The deposit will be retained if option is not exercised. Use: LlfeNet shall develop the Property and the Option Parcel only for its operations involving the processing of organs and tissues for transplantation and for educational, office and support services and other related and/or accessory uses Rezoning/Development Criteria: Purchase of the Property shall be conditioned on LlfeNet obtaining appropriate rezomng of the Property and the Option Parcel. LlfeNet will work with the City Planning Department to rezone the Property and the Option Parcel to conditional I-1 zoning. The design of the site and the building architecture shall meet criteria agreed to by the parties as more particularly set forth in those proffers filed with the Conditional Rezomng Application and the planning review process. A Concept Plan is attached hereto as Exhibit A Due Diligence: LlfeNet shall have a ninety (90) day due diligence period after execution of the definitive Agreement of Sale. If the rezomng is still pending after the expiration of the due diligence period, LlfeNet will have the option to extend the due diligence period for a reasonable period of time only as to the rezomng Reverter: The Property and the Option Parcel shall be subject to a reverter wherein the City shall have the option to repurchase the Property at the same price paid by LlfeNet in the event LlfeNet fails to commence construction of Phase I improvements within 18 months after closing. Right to Repurchase: In addition to the reverter, the City shall have the right to repurchase any undeveloped port~on of the Property for a period of 10 years beg~nmng on the date of conveyance of the Property. The City shall also have the right to repurchase any undeveloped portion of the Optmn Parcel for a period of 10 years beginning on the date of conveyance of the Optmn Parcel. The C~ty's right to repurchase any undeveloped port~on of the Property and the Optmn Parcel may be exercised ~n the event LlfeNet fmls to develop the Property or the Option Parcel as set forth m the required construction schedule In the event the C~ty exercises its right to repurchase any undeveloped portion of rather the Property or the Option Parcel, the purchase price for such property shall be as follows: 0) as to years 1 through 5 after the acqms~t~on of such parcel, the purchase puce shall be the original puce paid by LlfeNet, and 0~) as to years 6 through 10, the purchase puce shall be the original puce prod by L~feNet w~th an increase based on the CPI increase from the date of acqmsit~on of such parcel. The reverter and right to repurchase shall be set forth ~n the deed of conveyance of the Property and the Optmn Parcel. Stormwater: The City will allow L~feNet to utd~ze the Stormwater Management Facility (the "BMP") to the east of Rosemont Road for LlfeNet's stormwater needs. Closing: Closing shall occur promptly following satisfactory completion of the due diligence and rezonlng process outhned above. EXHIBIT A Concept / Phase Plan G \WP\BZA\llfenet trm wpd][ 6600850058 #386618 v2 - hfenet term sheet final 3-5-03 z E 0 ~ PARCEL 2 ~ TRANSFER STAllON' Area= 15.82 /4 ~ t PARCEL 6 / ,~.~ ~~'~.~ A .... ,~.. ~_ --~ ~ (~o. P~.,) _ lnd~ EXHIBIT SHOWING EXCESS PROPER~ES TO BE CO--ED TO LIFENET Existing / / ~ PARCEL 3 ,.~Pump St~on / L__:_Ci1Y MNNTENANCE yARD' L_ THE CITY OF VIRGINIA BEACH, VIRGINIA SCALE: 1 "=200' JANUARY 15, 2003 PREPARED BY: REVISED: FEBRUARY 27, 2003 ROU~--SIRINE AS~O~IA'T~S, LID. SUR~'ORS AND MAPPING CONSULTANTS 333 OFFICE SQUARE lANE VIRGINIA BEACH, VIRGINIA 23462 TEl_ (757)4g0-2508 omm.rous~-sirine, com Item V-K.$. - 36- ORDINANCES/RES OL UTIONS ITEM # 50954 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, City Counctl ADOPTED: Ordtnance to AUTHORIZE a temporary encroachment into Ctty-owned property tn behalf of ROBERT L. SNYDER (Ponttac Arms Apartments) re constructtng and matntatntng rtp rap, an extsttng bulkhead, dock and wharf into Rudee Inlet at 101 Cypress Avenue (DISTRICT 6 - BEACH) The followmg condtttons shall be requtred The temporary encroachment shall be constructed and mamtatned tn accordance wtth the laws of the Commonwealth of V~rgtma and the C~ty of Vtrgmta Beach and tn accordance wtth the Ctty's spec~cattons and approval as to stze, ahgnment and locatton The temporary encroachment shall termtnate upon nottce by the City to the Grantee and, wtthtn thtrty (30) days after such nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the Grantee and the Grantee wtll bear all costs and expenses of such removal The Grantee shall tndemmfy and hold harmless the City, its agents and employees from and agatnst all clatms, damages, losses and expenses, tncluchng reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artsmg out of the locatton or extstence of the temporary encroachment Nothing heretn contatned shall be construed to enlarge the permtsston and authortty to permtt the matntenance or constructton of any encroachment other than that specified heretn and to the hmtted extent spectfied heretn, nor to permtt the matntenance and constructton of any encroachment by anyone other than the Grantee 5 The Grantee agrees to matntatn the temporary encroachment so as not to become unstghtly or a hazard The Grantee agrees to obtatn a permtt from the Office of Development Servtces Center/Planntng Department prtor to commenctng any constructton The Grantee agrees, that prtor to tssuance of a rtght-of-way permtt, they must post surettes, tn accordance wtth thetr engtneer's cost esttmate, to the Office of Development Services Center/Planntng Department March 25, 2003 -37- Item V-K.3. ORDINANCES/RESOLUTIONS ITEM it 50954 (Continued) The Grantee shall obtatn and keep tn force all rtskproperty msurance and general habthty or such msurance as ss deemed necessary by the Ctty, and all tnsurance pohctes must name the Ctty as addtttonal named msured or loss payee, as apphcable The Grantee must also carry comprehenstve general habthty tnsurance tn an amount not less than Ftve Hundred Thousand Dollars ($500,000), combtned stngle hmtts of such tnsurance pohcy or pohctes The Grantee must provtde endorsements provtdtng at least thtrty (30) days'wrttten nottce to the Ctty prtor to the cancellatton or termtnatton of, or material change to, any of the tnsurance pohctes The Grantee assumes all responstbthttes and habthttes, vested or conttngent, wtth relatton to the temporary encroachment The Ctty, upon revocaaon of such authortty and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the Grantee and collect the cost tn any manner provtded by law for the collectton of local or state taxes, may requtre the Grantee to remove such temporary encroachment, and, pendtng such removal, the Ctty may charge the Grantee for use of the encroachment area, the equtvalent of what would be the real property tax upon the land so occupted tf tt were owned by the Grantee, and tf such removal shall not be made wtthtn the ttme spectfied by the Ctty, the Ctty shall tmpose a penalty tn the sum of One Hundred Dollars ($100 00) per day for each and every day that such temporary encroachment ss allowed to conttnue thereafter, and, shall collect such compensatton and penalttes tn any manner provtded by law for the collectton of local or state taxes Vottng 11-0 (By ConsenO Counctl Members Voting Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay None Councd Members Absent None March 25, 2003 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY ON LAKE RUDEE BY PONTIAC ARMS APARTMENTS, INCORPORATED, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Pontiac Arms Apartments, Incorporated, desires to construct and maintain rip rap and maintamn exmstlng bulkheading, an exmstmng dock, and an ex~st~ng wharf into City's property located at 101 Cypress Avenue on Lake Rudee. WHEREAS, City Councml is authorized pursuant to ~ 15.2- 2009 and 15.2-2107, Code of Virg~nma, 1950, as amended, to authorize a temporary encroachments upon the City's property subject to such terms and condmtions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in ~ 15.2-2009 and 15.2-2107, Code of Vlrg~nza, 1950, as amended Pontmac Arms Apartments, Incorporated, assigns and successors in title are authorized to construct and mamntain a temporary encroachment for rmp rap and maintazn a temporary encroachment for existing bulkhead~ng, an exzstmng dock, and an existing wharf in the City's property as shown on the map entmtled: "EXHIBIT PLAT SHOWING ENCROACHMENT OF PROPOSED WHARF, RIP-RAP, AND PROPOSED ENCROACHMENT (SEE EXHIBIT) LAKE RUDEE LOCATION MAP SHOWING ENCROACHMENT REQUESTED BY PONTIAC ARMS APARTMENTS, INCORPORATED INTO CITY RIGHT-OF-WAY 101 CYPRESS AVENUE SCALE: 1" = 100' PONTIAC ARMS.DGN MJ.S. PREPARED BY P,4A/ ENG. CADD DEPT. FEB. 12, 2003 PREPARED BY VIRGINIA BEACH CITY ATI'ORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58 1-811(a)(3) AND 58.1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ~ ~/ day of -t~, ~,~ ,* ,- ~., 2003, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and, pONTIAC ARMS .APARTM.ENT .S, INCORPORATED, a Virginia Corporation, 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 1, Block 28", as shown on "MAP OF SHADOW LAWN HEIGHTS VIRGINIA BEACH PRINCESS ANNE CO SCALE 1 "= 100 APRIL 1924", as recorded in M.B. 7, at page 14 in the Clerks Office ofthe Circuit Court ofthe City of Virginia Beach, Virginia and being further designated and described as 101 Cypress Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain bulkheading, rip rap, existing dock, and existing wharf "Temporary Encroachmem", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Rudee "The Temporary Encroachmem Area''; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN: 2427-01-7422 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "EXHIBIT PLAT SHOWING ENCROACHMENT OF PROPOSED WHARF, RIP-RAP, AND BULKHEAD ON PROPERTY OF CITY OF VIRGINIA BEACH (RUDEE INLET) D.B. 4388 P. 1201 VIRGINIA BEACH, VIRGINIA SCALE:l"=40' NOVEMBER 27, 2002", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days at~er the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attomey's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit t~om the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Pontiac Arms Apartments, Incorporated has caused this Agreement to be executed in its corporate name and on its behalf by its president, Robert L. Snyder. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk PONTIAC ARMS APARTMENTS, INC. By Ro~! ~- ;/j~.., ['~//~;~ L. Snyder, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2003, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2003, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF [,'I Kqi CITY/COUNTY OF [.114'/[/~&}(~ 1.), to-wit: The foregoing instrument was acknowledged before me this Incorporated. day of ,2003, by Robert L. Snyder, President on behalf of Pontiac Arms Apartmems, My Commission Expires: '~" ' Iqo~'y Pt~blic APPROVED AS TO LEGAL SUFFICIENCY CITY A2~FOR~EY APPROVED AS TO CONTENT Rev 07-24-02 0 n,- 0 Om I--- U~ . n PIN(f) RESIDUAL OF LOT 2 85°00'00" E 105,00' 88.25' NAIL(f) S. 20' OF LOT 2 ~ILMHW NAIL f ',-3% ( ) WHARF ~I[~N% SHADOW LAWN HEIGHTS .~IID:~I BLOCK 28 ~ .PROPOSED z~l LOT 1 ~1 GPIN: 2427-01-7422 / ~ ~ ~_&x~~~" ~ RIPRAP Exhibit "A" Z C) LAKE RUDEE (PROPERTY OF CITY OF VIRGINIA BEACH) D.B 4588 P 1201 (;;PIN: 24.27-01-8282 C k02\02-301 EXHIBIT PLAT SHOWING ENCROACHMENT PROPOSED WHARF, RIP-RAP, AND ON PROPERTY OF CITY OF VIRGINIA BEACH (RUDEE INLET) D.B. 4388 P. 1201 VIRGINIA BEACH, VIRGINIA SCALE. 1"=4.0' NOVEMBER 27 SURVEYORS &: ENGINEERS, LTD. ,323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 2,3454. (757)428-81,32 OF BULKHEAD ~,-- ,4~4 -/ 2002 'A /2- .~ ,o"f.. ,,. j¢ PONTIAC ARMS APARTMENTS, 1NC. 101 CYPRESS AVENUE Bulkheading of adjacem property owner Rip rap of adjacent~ property owner. PONTIAC ARMS APARTMENTS, INC. 101 CYPRESS AVENUE Bulkheading of property owner Bulkheading of property owner and tf6ck is the adjacent property owners. Item V-K. 4. - 38- ORDINANCES/RES OL UTIONS ITEM # 50955 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED: Ordtnance to APPROPRIATE $45,000 from the General Fund for an mterest-free loan to Davis Corner Rescue Squad re ambulance replacement Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louis R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Vottng Nay None Counctl Members Absent None March 25, 2003 AN ORDINANCE TO APPROPRIATE $45,000 OF FUND BALANCE IN THE GENERAL FUND, TO PROVIDE AN INTEREST-FREE LOAN TO THE DAVIS CORNER VOLUNTEER RESCUE SQUAD TO FUND AN AMBULANCE PURCHASE 6 WHEREAS, the Davis Corner Volunteer Rescue Squad does not 7 presently have adequate funds to purchase a replacement ambulance, 8 but has represented that fund-raising efforts will provide 9 sufficient funds to repay a interest-free loan from the City of 10 Virginia Beach of $45,000. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That $45,000 is hereby appropriated from the fund balance 14 in the General Fund for an interest-free loan to the Davis Corner 15 Volunteer Rescue Squad so it may purchase an ambulance, with 16 revenue increased accordingly. 17 2. That this loan is to be repaid in installments over four 18 (4) years, due on the 15th day of April each year, in four (4) 19 equal installments of $11,250; the first payment shall be made on 20 or before April 15, 2004,and the last payment shall be made on or 21 before April 15, 2007. 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia, on the 25th day of March , 2003. 24 Requires an affirmative vote by a majority of the members of 25 the City Council. CA-8803 Noncode/DavisCornerord.wpd R-1 March 14, 2003 APPROVED AS TO CONTENT' Management Se~ ' ~ APPROVED AS TO LEGAL SUFFICIENCY: [L~ ~[[epartment ~' Davis Corner Volunteer Fire Department and Rescue Squad, Inc. 4672 HAYGOOD ROAD VIRGINIA BEACH, VIRGINIA 23455 BUSINESS PHONE (804) 460-7574 EMERGENCY PHONE 911 February 1, 2003 Chief Edwards Virginia Beach Depamnent of EMS 1917 Arctm Avenue V~rg~a Beach, VA 23451 Dear Clnef Edwards Tlus is a request for a no interest loan to replace our oldest ambulance at Da¥1S Comer Volunteer Rescue Squad We are lookang into getting a loan m the amount of $45,000, wluch we wall pay back m 4 years at equally installments of $11,250. The unit we are looking mto replacmg Is 221, which as a 1996 Ford 350 The trait has over 93,000 miles on it and as m need of replacement Over the past 6 months, we have put around $10,000 worth of repmrs into this unit This includes electrical problems, transmission problems, body repairs and general maintenance bills We are loolang imo ordering a new vehicle as soon as we can. We have already been approved for a state- matching grant m the area of $36,000 We have been talking to several companies and we are sure we can get what we are looking for m an ambulance for around $80, 000 - $85,000 The present umt 221 wall be used as a trade-in and at this point, we are expected to get around $8,000 - $10,000. The remainder wall be used for any rachos and installations and the opucom we wall be requtred to obtam for the umt The amount needed for a down payment wall not be known until a total place is known At this time, Davis Comer has 2 loans through the mty. We are paying off 222, which has 2 payments of $10,000 left and Squad 2, which has 5 payments of $14,000 left. The member's have voted that, lmor to obtaining the loan we are requesting, that money would be taken out of the staUon's account and fully pay off the loan for 222 Tlus would only leave the Squad 2 loan and this loan, ff approved Thank you very much for this consldemUon If there are any questions or ff you need any further reformation, feel free to contact me Judl A Baker, Chief Davis Comer Vol Rescue Squad "Dedicated to Pubhc Service" - 39- Item V-K. 5. ORDINANCES~RES OL U TIONS ITEM # 50956 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED: Ordinance to APPROPRIATE $48, O00 from the Pohce Servtces Fund and $95,000 tn tnterest from Pohce Department accounts to the FY 2002-03 Operattng Budget re replacement of service weapons. Vottng 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James I, Wood Counctl Members Vottng Nay None Counctl Members Absent None March 25, 2003 AN ORDINANCE TO APPROPRIATE $48,000 OF FUND BALANCE IN THE POLICE SERVICES FUND AND $95,000 IN INTEREST REALIZED FROM POLICE DEPARTMENT ACCOUNTS TO THE POLICE DEPARTMENT'S FY 2002-03 OPERATING BUDGET TO FUND THE PURCHASE OF REPLACEMENT SERVICE WEAPONS 7 WHEREAS, the Police Department has chosen a different model of 8 service weapon for officers and does not presently have adequate 9 funds in their General Fund budget to purchase replacements for all 10 of their current service weapons. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 That $48,000 from the fund balance in the Police Services Fund 14 and $95,000 in interest realized from the department's property and 15 evidence accounts are hereby appropriated to the Police 16 Department's FY 2002-03 operating budget to purchase replacement 17 service weapons, with revenue increased accordingly. 18 Adopted by the Council of the City of Virginia Beach, 19 Virginia, on the 25th day of March , 2003. 20 Requires an affirmative vote by a majority of the members of 21 the City Council. CA8802 Noncode/weaponord.wpd R-1 - March 14, 2003 Approved as to Content: Management Services j APPROVED AS TO LEGAL SUFFICIENCY: Law Departmen~_~ - 40- Item V-K. 6. ORDINANCES/RES OL UTIONS ITEM # 5095 7 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED: Resolution to support Hampton Roads Transtt (HRT) tn thetr apphcatton for federal funds for a study re tmplementatton of a Bus Rapid Transit (BRT) system tn the Resort Area. Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None March 25, 2003 1 REQUESTED BY COUNCILMEMBER RICHARD A. MADDOX 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A RESOLUTION IN SUPPORT OF THE EVALUATION OF RESORT AREA BUS RAPID TRANSIT SERVICE WHEREAS, the Virginia Beach Oceanfront is a key destination for more than three million tourists and visitors annually and provides significant economic benefits for the City; and WHEREAS, the City of Virginia Beach has adopted development plans along the 19th Street Corridor, to include the construction of a new Convention Center facility; and WHEREAS, connection of the Oceanfront attractions to the Convention Center and 19th Street Corridor by providing convenient and efficient transportation service is critical; and WHEREAS, improvement of the existing trolley service which operates on Atlantic Avenue by providing improved service schedules and frequencies and passenger information is an urgent need of the City; and WHEREAS, Bus Rapid Transit (BRT) system technology can address these improvements and is described as a combination of facility, systems and vehicle investments that convert conventional bus service into a fixed facility transit service that greatly increases its efficiency and effectiveness to the passenger; and WHEREAS, BRT service at the Oceanfront, provided through designated travel lanes, pre-paid fare collection, specific 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 passenger loading areas and other enhancements, can deliver high quality transit service that supports the community and its goals; and WHEREAS, Hampton Roads Transit (HRT) proposes to apply for federal funds to support the continued study and possible implementation of the BRT system; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council supports the application of Hampton Roads Transit (HRT) for federal funds for the study and possible implementation of the BRT system in the Resort Area as an improvement to the current trolley service operation; 2. That the goals of a BRT system in the Resort Area shall include a connection to the new Convention Center, the reduction of passenger travel and waiting times by increasing reliability and predictability of the service, the provision of more direct, frequent and integrated service and enhanced economic development; and 3. That HRT is hereby requested to report back to the City Council its findings based on a proposed application of BRT service in the Resort Area. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the I5thday of March , 2003. CA-8787 wmmordre s \BRTres. wpd R-2 March 11, 2003 APPROVED AS TO CONTENT- APPROV.ED AS TO LEGAL SUFFICIENCY' Department of Law - 41 - Item V-K. 7. afo. ORD INA NCES/RES OL U TIONS ITEM # 50958 Upon motton by Vtce Mayor Jones, seconded by Council Lady Eure, Ctty Counctl ADOPTED: Vtrgtnta Department of Transportation (VDOT)re Holland Road, Phase VI ProJect Ordtnance REQUESTING establishment of the right-of-way between Pleasant Acres Drtve and Christopher Farms Drtve as an underground utthty corrtdor b Resolutton REQUESTING VDOTacqutre the necessary rtghts- of-way for Holland Road Phase VI wtth conveyance to the Ctty Vottng I 1-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay None Councd Members Absent None March 25, 2003 AN ORDINANCE TO ESTABLISH THE HOLLAND ROAD RIGHT-OF-WAY BETWEEN PLEASANT ACRES DRIVE AND CHRISTOPHER FARMS DRIVE AS AN UNDERGROUND UTILITY CORRIDOR WHEREAS, the Holland Road, Phase VI Project, CIP 2-158 (VDOT #U000-134-145, PE- 5 101, RW-201, C-501), the "Project," has been approved by C~ty Councd ~n order to widen the 6 current section of roadway between Dam Neck Road and the proposed N~mmo Parkway Phase V at 7 Kellam High School; WHEREAS, the City of Virginia Beach also wishes to ~mprove the safety, aesthetics and 9 reduce the property impacts to the homeowners w~th~n the ProJect hm~ts; 10 WHEREAS, the Councd had previously requested the V~rgima Department of 11 Transportation to program this ProJect; 12 WHEREAS, the Department of Transportation has adopted a pohcy to pay 50% of the 13 additional costs to relocate existing overhead private utihty hnes underground, which reqmres the 14 C~ty to adopt an ordinance to estabhsh the hm~ts of underground utd~ty d~stncts, comdors or areas; 15 WHEREAS, C~ty Councd has appropriated sufficient funding, through the C~ty of Vlrg~ma 16 Beach Capital Improvement Program, to pay the C~ty's share of the estimated cost to relocate 17 ex~st~ng overhead ut~hty hnes underground. 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 1 The Holland Road right-of-way between Pleasant Acres Drive and Clmstopher Farms 21 Drive ~s hereby designated as an underground comdor and all new utd~ties shall be ~nstalled w~th~n 22 the Holland Road right-of-way and be placed underground; and 23 2. The D~rector of Pubhc Works ~s hereby authorized to execute an agreement w~th the 24 Virginia Department of Transportation and the ut~hty owners w~th~n the Holland Road right-of-way 25 for the necessary utd~ty relocations. 26 Adopted by the Council of the C~ty of V~rg~ma Beach, V~rg~ma, on the 25th day of March ., 2003. 27 O:~DMorgan~HollandRoadPhaseVI.wpd March 25, 2003 APPROVED AS TO CONTENT: (artment of Publ~rks APPROVED AS TO LEGAL SUFFICIENCY: City Attorney ~ C~c.e ~ RESOLUTION FOR LOCATION AND DESIGN PUBLIC HEARING APPROVAL HOLLAND ROAD PHASE VI WHEREAS, a Location and Design Public Hearing, "Public Heanng," was conducted on 5 August 15, 2001, in the City of Virginia Beach by representatives of the Virginia Department of 6 Transportation after due and proper notice for the purpose of considering the proposed location and 7 design of Holland Road, Phase VI, CIP 2-158 (VDOT #U000-134-145, PE-101, RW-201, C-501), 8 the "Project," in the City of Virginia Beach, at which time drawings and other pertinent information 9 were made available for public inspection in accordance with state and federal requirements; 10 WHEREAS, all persons and parties in attendance were afforded full opportunity to 11 participate in said Public Hearing; 12 WHEREAS, representatives of the City of Virglma Beach were present and participated 13 said Public Hearing; 14 WHEREAS, the Council had previously requested the Virginia Department of 15 Transportation to program this ProJect; 16 WHEREAS, the City of Virginia Beach has, on this date, passed an ordinance designating 17 Holland Road, between Pleasant Acres Drive through to the southern boundary of the Christopher 18 Farms subdivision, as an underground utility comdor and providing that all new utlhty facilities 19 installed within this comdor shall be placed underground and within the right-of-way; and 20 WHEREAS, the Council has considered all such matters. 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 1. The location and major design features of Holland Road Phase VI CIP 2-158 (VDOT 24 #U000-134-145, PE- 101, RW-201, C-501 ), as presented at the Public Hearing conducted on August 25 15,2001, and whach are set forth on the Locataon Map attached hereto, are hereby approved wath the 26 following exceptions: 27 a. There shall be traffic signals at both of the following lntersectaons: Holland 28 Road/Wlnterberry Road/Sugar Maple Drive and Holland Road/Pleasant 29 Acres Drive. 30 b. Pedestrian signals shall be provided at the s~gnahzed lntersecnons. 31 c. Proposed sound bamers are to be located on the proposed right-of-way hnes 32 estabhshed by the Public Hearing drawings. 33 2. The Vlrgania Department of Transportation 1s hereby requested to acqmre all rights-of- 34 way necessary for this Project, and to convey said rights-of-way to the City at the appropriate time. 35 3 The Director of Pubhc Works is hereby authorized to execute, on behalf of the Caty of 36 Vlrglma Beach, all the necessary utlhty agreements reqmred an conjunction with acqulnng such 37 rights-of-way. 38 Adopted by the Council of the City of Vlrglma Beach, Varglnla, on the 25th day of March 2003. .' 39 OADMorganq-IollandRoadPhaseVI.wpd March 25, 2003 APPROVED AS TO CONTENT: artment ofPubhc ~ APPROVED AS TO LEGAL SUFFICIENCY' City Attomey's Office SOUND WALL \ SIGNALS ~SED SOUND WALLS PROPOSED PLEASANT ACRES ~GNAi~ DRIVE UNDERGROUND UTILITY LOCATION PROPOSED SOUND WALLS PROPOSED ON LOCATION MAP SHOWING HOLLAND ROAD - PHASE VI ClP .//2-158 FI~. HO[/AND PHV] LOC MAP DGN SCALE O' 1600' 3200' Item V-K. 8.a/b. - 42 - ORDINANCES/RES OL UTIONS ITEM # 50959 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, City Counctl ADOPTED: Resolutions REQUESTING acceptance by the Vtrgtnta Department of Transportatton a An addtttonal 1608 lane mtles of new streetsfor Urban Matntenance payments b An increase of 1 60 lane mtles of artertal and local collector streets to the tnventory for Urban Matntenance payments Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None March 25, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT ADDITIONAL STREETS FOR URBAN MAINTENANCE PAYMENTS WHEREAS, the Virginia Department of Transportation requires a Council resolution prior to accepting additional streets for urban maintenance payments; WHEREAS, the streets listed on Exhibit A (attached) have been constructed in accordance with standards established by the Virginia Department of Transportation; WHEREAS, the City of Virginia Beach has accepted and agreed to maintain these streets; and WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these streets. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby requests the Virginia Department of Transportation to accept the streets listed on Exhibit A which is attached hereto and incorporated by reference, and to begin paying urban maintenance payments to the City of Virginia Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of March , 2003. APPROVED AS TO CONTENT' Public fWor ks APPROVED AS TO LEGAL SUFF/IENCY' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT CORRECTIONS TO THE REVISED ROAD INVENTORY FOR URBAN MAINTENANCE PAYMENTS WHEREAS, the Virginia Department of Transportation requires a Council resolution prior to accepting corrections/ deletions to the revised road inventory for urban maintenance payments; WHEREAS, City personnel have reviewed the revised road inventory prepared by the Virginia Department of Transportation and have determined that some inaccuracies exist; WHEREAS, corrections to the revised road inventory have been made as shown on Exhibit A (attached); and WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these corrections. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That the City Council hereby requests the Virginia Department of Transportation to accept the corrections listed on Exhibit A which is attached hereto and incorporated by reference, and to begin paying urban maintenance payments to the City of Virginia Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of March , 2003. APPROVED AS TO CONTENT- Publi~ Works ! APPROVED AS TO LEGAL ~U Law~epartment FFICIENCY' z I--O~ LUI-- .-~Z uJUJ Z Z~- ~ _o Oz~ ~ ~'~ u_~ w ~0z 0 0 , 0 0 0 0 1 - i LUWLu I-z_l CO ,~' '~' ~-- I"-- 0 0 '~- e~ 0 0 0 0 0 0 w~- ~ w ~-- 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 iz") ~ 1.1") 0 0 0 0 n 0 0 5 0 o ~ n, n- 0 w w ~ ~ D n _~ ~J 0 Z Z 0 ? 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PLANNING ITEM # 50960 1. UNITED JEWISH FEDERATION OF TIDEWATER ENTERPRISES STREET CLOSURE 2. THE HOME DEPOT USA CONDITIONAL USE PERMIT 3. GUY R. ROGERS SUBDIVISION VARIANCE 4. QUARLES PETROLEUM, INC. CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 5. WEST NECK PROPERTIES, INC. SUBDIVISION VARIANCE CONDITIONAL CHANGE OF ZONING CAR]flAX AUTO SUPERSTORES, INC. STREET CLOSURES CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 7. MICHAEL D. SIFEN, INC. CONDITIONAL CHANGE OF ZONING 8. ROYAL COURT, INC. CHANGE OF ZONING 9. LAKE GEM, LLC CONDITIONAL CHANGE OF ZONING 10. CITY ZONING ORDINANCE AMEND § 901 re allowing Public or Private Colleges or Universities as permitted principal uses in B-2, B-3, B-3A and B-4 Business Districts Item V-L. March 25, 2003 - 44 - Item V-L. PLANNING ITEM # 50961 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl APPROVED in ONE MOTION Items 1, 2, 3, 4, 6, and 7 (Defer) Item L 2 was APPROVED, BY CONSENT, wtth added conchttons Item L 6 was APPROVED, BY CONSENT, wtth added condtttons Item L 7 was DEFERRED, BY CONSENT, unttl the Ctty Council Sesston of Aprtl 22, 2003 Item L 10 (REQUIRED NO ACTION) Vottng I1-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Voting Nay None Counctl Members Absent None March 25, 2003 Item V-L. 1. PLANNING - 45- ITEM # 50962 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED the Ordtnance and EXTENDED COMPLIANCE FOR 90 DAYS TO MAY 26, 2003, of an appltcatton of UNITED JEgVISH FEDERATION of TIDEWATER ENTERPRISES {approved November 27, 2001, with nine condtttons Thts appltcatton was prevtously extended November 12, 2002 to March 26, 2003] in the matter of the discontinuance, closure and abandonment of a portton of Morrts Avenue and Katte Brown Drtve Application of Untted dewtsh Federatton of Ttdewater for extenston of the date for sattsfying condtttons tn the matter of the dtsconttnuance, closure and abandonment ora portton of Morrts Avenue and a portton of Katte Brown Drive Satd parcels contatns 29, 544 square feet and 36, 341 square feet respectively DISTRICT 2 - KEMPSVILLE The followtng condtttons were requtred The Ctty Attorney's Office wtll make the final determtnatton regardtng ownershtp of the underlytngfee The purchase prtce to be patd to the Ctty shall be determtned according to the Poltcy Regardtng Purchase of Ctty's Interest tn Streets Pursuant to Street Closures, approved by Ctty Counctl Coptes of the poltcy are avatlable tn the Planntng Department Appltcant must secure tttle to all porttons of Katte Brown Drtve currently owned by the Commonwealth of Vtrgtnta (as to a portion of the cul-de-sac) and Eugene Taylor, Jr and Anne Taylor, as well as the Ctty of Vtrgtnta Beach The appltcant must secure tttle to all porttons of Morrts Avenue currently owned by the Commonwealth of Vtrgtnta (as to a portion of the cul-de-sac), Edwtn B Ltndsley, Wtlltam Albrttton or his descendants (as to a portton of the cul-de-sac) as well as the Ctty of Vtrgmta Beach Formal wrttten consent must be provtded by the adjacent property owner on Katte Brown Drtve, Mr Edwtn B Ltndsley, stattng hts agreement to thts street closure and alternattve access to his property Formal wrttten consent must be provided by the adJacent property owners on Morrts avenue, Mr W Letgh Ansell and Mr Edwin B Ltndsley, stating thetr agreement to thts street closure and alternative access to thetr property The appltcant ts requtred to resub&vtde the property and vacate tnternal lot ltnes to tncorporate the closed area into the adjotntngparcels Theplat must be submitted and approved for recordatton prtor to final street closure approval March 25, 2003 - 46- Item V-L. 1. PLANNING ITEM # 50962 (Continued) Alternattve access must be provtded on the street closure plat for the properttes tdenttfied as GPIN #1467-82-7483 (Edwm B Ltndsley), GPIN#1467-92-1260, 1467-92-1213, 1467-92-8268 (Edwtn B Ltndsley), and GPIN # 1467-92-1208 (Ansell w Letgh, et aO The apphcant ts requtred to vertfy that no prtvate utthttes extst wtthtn the right-of-way proposed for closure Prehmtnary comments from the uttltty companies tn&cate that there are no prtvate utthttes wtthtn the rtght-of-way proposed for closure If private utthttes do extst, easements satisfactory to the utthty company, must be provtded The apphcant has secured tttle from all parttes noted tn the condtttons wtth the exceptton of the Commonwealth ofVtrgtnta (VDOT) The apphcant has reached an agreement to acqmre the VDOTtnterests by conveytng to VDOTa conttguous strip of land along Route 264 tn exchange for the various shverparcels tt owns tn the cul-de-sacs of the streets to be closed In order to consummate the exchange wtth VDOT, tt ts necessary to record the subdtvtston plat whtch has been submttted to the Cttyfor approval, the recordatton of whtch wdl de&cate to VDOT the agreed upon strip of land Vottng 1 I-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R done& Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and dames L Wood Counctl Members Vottng Nay None Counctl Members Absent None March 25, 2003 ORDINANCE NO AN ORDINANCE FURTHER EXTENDING THE DATE FOR SATISFYING CONDITIONS IN THE MATTER OF THE CLOSING, VACATING AND DISCONTINUING OF A PORTION OF MORRIS AVENUE AND A PORTION OF KATIE BROWN DRIVE, UPON THE APPLICATION OF UNITED JEWISH FEDERATION OF TIDEWATER WHEREAS, on November 27, 2001, the Council of the C~ty of Virginia Beach acted upon 9 the apphcat~ons of United Jewish Federation of T~dewater Enterprises for the closure of portions of 10 two streets as follows 11 1 A port~on of Moms Avenue, and 12 2 A portion of Katie Brown Drive 13 WHEREAS, on November 27, 2001 the Council adopted two (2) Ordinances to close the 14 aforesmd streets, subject to certain conditions being met on or before November 26, 2002, and 15 WHEREAS, on November 11,2002, the apphcants requested an extension oft~me to satisfy 16 the conditions attached to the aforesaid street closures. Smd request was granted by the Council as 17 ORD-2728E and the new deadline was established as March 26, 2003 18 WHEREAS, on March 25, 2003, the apphcants requested a further extension of t~me to 19 satisfy the conditions attached to the aforesmd street closures. 20 21 22 23 GPINS 1467-81-6943,1467-82-8038,1467-82-9140,1467-92-0136,1467-92-1208,1467-92-1260, ~467-92-3~77~~467-92-2~92~~467-9~-29~9~~467-8~-994~~~467-8~-8872~~467-8~-7884~~467- 8~-6853~~467-82-327~~~467-82-539~~~467-82-73~8~~467-82-7483~~467-82-9336~~467-82-9238~ 1467-82-8213,1467-82-6197,1467-82-5141, and 1467-82-3096 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA 26 That the date for meeting conditions of closure as stated ~n the Ordinance adopted on 27 November 11, 2002, upon apphcat~ons of Umted Jewish Federation of T~dewater, ~s extended to 28 May, 26, 2003 29 Adopted by the Council of the C~ty of V~rg~ma Beach, Vlrglma, on the25t:h day of March 30 ,2003 31 CA-8737 32 ORDINZNONCODE\UJFT20RD 33 Date: 03/04/03 34 R1 35 36 37 APPROVED AS TO CONTENT Planning Departrflaeent APPROVED AS TO LEGt~.~FFICIENCY City Attorney's Office'-' -47- Item V-L2. PLANNING ITEM # 50963 Upon motton by Vice Mayor Jones, seconded by Councll Lady Eure, City Council ADOPTED Or&nance upon apphcatton of The Home Depot USA for a Con&tlonal Use Permit an ORDINANCE UPON APPLICATION OF THE HOME DEPOT U S A, INC FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD R030331090 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Apphcatton of The Home Depot USA, Inc for a Condttional Use Permtt for a bulk storage yard at 2020 Lynnhaven Parkway (GPIN1485061465) Parcel contalns1393acres DISTRICT1 - CENTER VILLE The following conditions shall be required The pertmeter of the bulk storage area shall be hmtted to the 68- foot by 148-foot area deptcted on the submttted plan entttled "The Home Depot, Princess Anne and Lynnhaven Parkway for CASCO Corporatlon, "prepared by Englneertng Services, Inc, dated Aprtl 15, 2002, and on file tn the Department of Plannlng All matertals for sale or materials belng stored shall be contatned wtthln the spectfied area There shah be no materials or merchanchse tn the adjacentparkmg spaces, parktng lot drive atsles, or parkmg lot landscape tslands The pertmeter of the storage area shall be fenced as shown on the submitted color rendering entitled "The Home Depot, Princess Anne & Lynnhaven Parkway, Vlrgtnta Beach, Vtrgmla, Store No 4626," prepared by CASCO, and on file tn the Department of Plannmg Thepertmeter of the area shall be landscaped as lnchcated on the plan described above tn Condtttons 1 and 2 In the event that the exlstlng vegetatlon along the southwest fence hne ts adversely tmpacted during construction or becomes sparse, evergreen shrubs, such as wax myrtles, shall be tnstaHed at slx-foot on center the enttre length of the fence hne There shall be no stgnage Installed wtthln the area, on the fence or immediately adjacent to the area other than professionally prepared traffic control stgns Hand-lettered stgns shall not be utilized March 25, 2003 - 48- Item V-L.2. PLANNING ITEM # 50963 (Continued) A mtmmum eight-foot (8 ft). sohd. tan vinyl fence shall be tnstalled to enclose thepaved area behtnd the butl&ng The wall shall extend southeast _from the eastern back corner of the bmldtng and turn southwest along the paved area to the extsttng wall on the southern propert_¥ hne Le¥land cypress trees (five to stx feet htgh and twelve feet apart atplanttng) shall beplanted on the outstde of the fence There shall be no dtspla¥ or storage of merchandtse beyond the stdewalk along the_front qf the bmldtng Storage behtnd the butldtng shall be tnstde of the fenced area and shall not reach a hetght greater than eight (8)_feet Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordmance Adopted by the Council of the City of Vtrgtnta Beach, Vtrgtnta, on the Twenty-fifth of March, Thousand Three Two Voting 11-0 (By ConsenO Counctl Members Vottng Aye. Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Voting Nay None Counctl Members Absent None March 25, 2003 - 49- Item V-L. 3. PLANNING ITEM # 50964 Upon motion by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl APPROVED the apphcatton of Guy R. Rogers for a Variance to Section 4 4 (b) of the Subdtvtston Ordinance that requtres all newly created lots meet all the requtrements of the City Zomng Ordtnance (CZO) Appeal to Dectston of Admtmstrattve Officers tn regard to certatn elements of the Subdtvtston Ordtnance, Subdtvtston for Guy R Rogers Property ts located at 4101 Thaha Drtve (GPIN 1487088068, 1487078870, 1487077962, 1487077612, 1487079834) DISTRICT5-LYNNHAVEN The followtng conchttons shall be requtred 1 Any new restdence built on Parcel A-3 must be located wtthtn 200feet of Thaha Drtve The extsttng garage on Parcel A-3 shall not be used as a restdence and shall be demohshed prtor to the tssuance of a butldtng permit for a restdenttal dwelhng on satd parcel Vottng 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None March 25, 2003 - 50- Item V-L.4. PLANNING ITEM # 50965 Upon moaon by Vice Mayor Jones, seconded by Councd Lady Eure, Czty Councd ADOPTED Ordtnances upon apphcaaon of Quarles Petroleum, Inc. re Condtttonal Change o_f Zomng Dtstrtct Classtficatton and Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF Q UARLES PE TR OLE UM, INC FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FR OM 0-2 OFFICE DISTRICT TO CONDITIONAL I-1 Z03032138 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Quarles Petroleum, Inc for a Change of Zontng Dtstrtct Classtficatton from 0-2 Office District to Condtttonal I-1 Ltght Industrial Dtstrtct on the northwest corner of Wesley Drtve and Potters Road (GPIN1497621851) The proposed zomng to Condtttonal I-1 ts for hght tndustrtal land use The Comprehenstve Plan recommends use of thts parcel for retatl, servtce, office and other compattble uses Parcel contatns 36,285 48 square feet DISTRICT 6 - BEACH The following condition shah be required: 1 An Agreement encompasstngproffers shall be recorded wtth the Clerk of Circutt Court AND, ORDINANCE UPON APPLICATION OF Q UARL ES PE TR OLE UM, INC FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SER VICE STATION R030331091 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Quarles Petroleum, Inc for a Conchttonal Use Permtt for an automobtle servtce statton on the northwest corner of Wesley Drtve and Potters Road (GPIN 1497621851) Parcel contains 36,285 48 square feet DISTRICT 6 - BEACH The followtng conditions shall be required The only use permttted on the stte shah be the unmanned fleet fuehngfacthty, to be operated exclustvelyfor fleet and business customers There shall be no retad sales to the general pubhc The stte shall be developed substantially tn accordance wtth the submttted stte plan entttled "REZONING EXHIBIT FOR QUARLES PETROLEUM, INC ", prepared by NDI, L L C, dated 10-10-02, whtch has been exhtbtted to the Vtrgtma Beach City Councd and ts on file wtth the Vtrgtnta Beach Department of Planning March 25, 2003 City of v~ ~.~ ~__.r~.n.a Beach In Reply Refer To Our File No. DF-$670 DATE: March 12, 2003 TO: Leslie L. Lilley DEPT: City Attorney FROM: B. Kay Wilso~'~ DEPT: City Attorney Conditional Zoning Application Quarles Petroleum, Inc. and Wesley Properties, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 25, 2003. I have reviewed the subject proffer agreement, dated November 10, 2002, 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 Enclosure PREPARED BY QUARLES PETROLEUM, INC., a Virgirna corporation WESLEY PROPERTIES, L.L.C., a Virginia ]{mited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 104 day of November, 2002, by and between QUARLES PETROLEUM, INC., a V~rginia corporation, Grantor, party of the first part; WESLEY PROPERTIES, L.L.C., a Vzrginia limited liability company, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Lynnhaven District of the City of Virginia Beach, containing approximately 0.833 acres as more particularly described in Exhibit UA" attached hereto and incorporated herein by this reference (the ~Property'); and WHEREAS, the party of the first part, being the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from 0-2 Office District to I-1 Light Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and m the area of the Property and at the s~me time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the sztuation to which the Grantor's rezonmg application gives rise; and GPIN: 1497-62-1851 PREPARED BY S~,~. t~OlmDO~. .~i!1~ & I.~rY. pC WHEREAS, the Grantor has voluntarily proffered, in wring, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon ail parties and persons claiming under or through the Grantor, ~ts successors, personal representatives, assigns, grantees, and other successors m interest or txtle: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "REZONING EXHIBIT FOR QUARLES PETROLEUM, INC.", prepared by NDI, L.L.C., dated 10-10-02, which has been exhibited to the Virgima Beach City Council and is on fde with the Virginia Beach Depm-tment of Planning (hereinafter "Site Plan"). 2. The freestanding monument style sign designated on the Site Plan shall be brick based monument style sign no greater than six feet (69 m height. 3. Ail outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 4. When the Property m developed, ornamental metal fencing and landscaping shall be installed as depicted on the Site Plan. 5. Only the following uses will be permitted on the Property: a) Fueling facility; PREPARED BY & L~cY. pc b) Business, medical, financial, non-profit, professional and similar office buildings; c) Commercial parking lot; and d) Public buildings and grounds. 6. Further conditions may be required by the Grantee during detailed Site Plan review and admirtistration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Ail references hereinabove to the I-1 District and to the requirements and regulations apphcable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virg/nia Beach, Virginia, in force as of the date of approval of tins Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of PREPARED BY gY~S, t~oupa~ol~. · ;ii~ Altoe, r & I.EvY. p c. Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance v~th such conditions be remedied; and (b) to brag legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petitaon the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspectaon in the office of the Zoning Adm~rdstrator and in the Planning Department, and they shall be recorded m the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY &LK~ PC WITNESS the following s~gnature and seal: GRANTOR: QUARLES PETROLEUM, INC., a Virginia corporation Title: iEOF VIRGINIa_ . COUNTY OF ~f(g~J c~k~ ~'~~. , to-vat: The foregoing ',~strument was acknowledged before me this November, :2002, by Petroleum, Inc., a Virginia corporation, G~z[ntor. ' ~ - Notary Public My Commission Expires:-~~' -0_.C~'~ 3~- ~'~Oq (SEAL) [~9. day of , of Quarles PREPARED BY J~. ~OUtlDON. WITNESS the following signature and seal: GRANTOR: WESLEY PROPERTIES, L.L.C., I. Reese Smzth, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 12m day of November, 2002, by I. Reese Smith, Managing Member of Wesley Properties, L.L.C., a Virginia limited liability company. Notary Public My Commission Expires: August 31, 2006 PREPARED BY SYI~S. l~OUrl~4 ALL THAT certain lot, p~ece 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 PARCEL '4', 0.833 ACRE, as shown on that certain plat entitled ~Subdivision Plat of Parcel '2B' Property of I. Reese Smith, Lynnhaven Borough, Va. Beach, Va.", 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 137, at Page 14. GPIN: 1497-62-1851 CONDREZONE/QUARLES/POTTERSROAD/PROFFER - 52 - Item V-L. 5. PLANNING ITEM # 50966 Attorney Edward Bourdon, Pembroke One 5'n Floor, Phone 499-8971, represented the apphcant, and advtsed the plan (Eagles Nest) tnvolves Proffered Conditions of 64 lots and 65% of the developed dedicated to Open Space (46. 74 acres). The plan mvolves less than one umt per developable acre. The followtng regtstered tn OPPOSITION Martlyn Danner, 2601 West Landtng Road, Phone 426-7390, expressed concern relattve stgnage Georgette Constant, 110 82nd Street, Phone 422-2948, proposed the plan only havtng at the most 51 lots Lots 38-45 closest to the wetlands should be removed The small cul-du-sac of homes 30-35 should also be ehmtnated. Correspondence of Ttm Barrow concerntng acqutsttton through the Open Space Program and wetlands Satd fax ts hereby made a part of the record Upon motton by Councilman Reeve, seconded by Councdman Dtezel, Cay Counctl ADOPTED Ordinances upon apphcatton ofWESTNECKPROPERTIES, INC for a Vartance to 3~ 4 4(b) of the Subdtvtston Or&nance re the thtrty (30)-foot mtmmum pavement wtdth for tntertor streets, and Or&nances for a Condtttonal Change of Zomng and Con&ttonal Use Permtt Appeal to Dectstons of Admtmstrattve Officers tn regard to certain elements of the Subdtvtston Ordtnance, Subdtvtston for West Neck Properttes, Inc, a Vtrgtnta corporation Parcel ts located at 3132 West Neck Road (GPIN #2403-21-1935, #2403-21-0241) DISTRICT 7 - PRINCESS ANNE ORDINANCE UPON APPLICATION OF WEST NECK PROPERTIES, INC, A VIRGINIA CORPORATION, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITIONAL R-15 RESIDENTIAL DISTRICT Z03032139 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA An Ordtnance upon Apphcatton of West Neck Properttes, Inc , a Vtrgtnta corporatton, fora Change ofZontng Dtstrtct Classification from A G- 1 and A G-2 Agrtcultural Dtstrtcts to Condtttonal R- 15 Restdenttal Dtstrtct at the northwest corner of West Neck Road and In&an Rtver Road (GPIN #2403- 21-1935, #2403-21-0241). The proposed zontng classtficatton to Condtttonal R-15 ts for smgle famtly restdenttal land use on lots no less than 15,000 square feet Thts site ts located tn the Transition Area as defined tn the Comprehenstve Plan The Comprehenstve Plan recommends use of thts parcel for appropmate growth opportuntttes, conststent wtth the economic vttahtypohctes of Vtrgtnta Beach Satdparcel ts located at 3132 West Neck Road and contains 87 21 acres more or less DISTRICT 7 - PRINCESS ANNE The followtng conchtton shah be requtred 1 An Agreement encompasstngproffers shah be recorded wtth the Clerk of Ctrcutt Court March 25, 2003 - 53 - Item V-L. 5. PLANNING ITEM ii 50966 (Continued) ORDINANCE UPON APPLICATION OF WEST NECK PROPERTIES, INC, A VIRGINIA CORPORATION, FOR A CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION R030331092 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of West Neck Properties, Inc, a Vtrgtnta corporatton, for a Con&ttonal Use Permtt for Open Space Promotton at the northeast corner of West Neck Road and Indian Rtver Road (GPIN #2403-21-1935, #2403-21-0241). Satdparcel ts located at 3132 West Neck Road and contams 87 21 acres DISTRICT 7- PRINCESS ANNE The followtng condtttons shall be requtred The subchvtston shall be developed as deptcted on the submttted subdtvtston plan entttled, "Prehmtnary Subdtvtston Plan for Eagles Nest for West Neck Properttes, Inc Vtrgtnta Beach, Vtrgtnta," dated July 5, 2001 revtsed 11/18/01, prepared by Burgess and Ntple, whtch has been exhtbtted to the Vtrgtnta Beach Ctty Counctl and ts on file wtth the Vtrgmta Beach Department of Planmng The apphcant shall tnstall a fence or other landscape treatment acceptable to the restdents of the three lots on Inchan Rtver Road, whtch are mostly surrounded by the proposed development In addition, the apphcant shall grant pubhc utthty easements and make ctty water and sewer facthttes avatlable to these three lots These Ordtnances shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance Adopted by the Councd of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-fifth of March, Thousand Three Vottng 8-3 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddox, Jtm Reeve, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Voting Nay Reba S McClanan, Mayor Meyera E Oberndorf and Peter W Schmtdt Counctl Members Absent None Two March 25, 2003 City of Virginia Beach LESLIE L LILLEY CITY ATTORNEY In Reply Refer To Our File No DF-5423 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9004 (757) 427-4531 FAX (757) 426-5567 TDD (757) 427-4305 March 25, 2003 The Honorable Meyera E. Obemdorfi Mayor Members of City Council Municipal Center Virginia Beach, Virginia 23456 Dear Mayor Obemdorf & Members of Council The Proffered Conditions that are included in your agenda for the Change of Zoning application for West Neck Properties are not the Proffered Conditions with which the applicant wishes to proceed. I have attached the Proffered Conditions with which the applicant wants to proceed. The attached are an older version of the Proffered Conditions that have been on file as required. The Agenda Request Form and the Planning Staff Comments reference the attached Proffered Conditions. The differences between the attached Proffered Conditions and the one in your Agenda packet are that the attached Proffered Conditions list 64 lots, in a plan dated July 5, 2001, and the agenda Proffered Conditions list 58 lots in a plan dated April 15, 2002. The attached Proffered Conditions also list 46.74 acres dedicated to open space and 65% of the development so dedicated, and the agenda Proffered Conditions list 39.59 acres dedicated to open space and 56% of the development so dedicated. The attached Proffered Conditions with 64 lots and 65% of the development dedicated to Open Space is the plan upon which the applicants wish to proceed. Honorable Meyera E. Obemdorf, Mayor Members of City Council -2- March 25, 2003 I apologize for any ~nconvenience. BKW Enclosure cc: Leslie L. Lilley, City Attorney Very truly yours, Associa~ ~ty Attorney PREPARED BY SYEE§. tIOUttDON Altt;RN & LEVY, P C WEST NEcK PROPERTIES, INC., a Virginia corporation M. LEGARE SNYDER f/k/a MYRTLE W. SNYDER TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virgima THIS AGREEMENT, made this 23ra day of November, 2001, by and between WEST NECK PROPERTIES, INC., a Virginia corporation, Grantor, party of the first part; M. LEGARE SNYDER, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of three (3) certmn parcels of property located in the Princess Anne District of the City of Virginia Beach, contaihing a total of approximately 87.55 acres and described as "Parcel One" "Parcel Two", and Parcel "Three" in Exhibit "A' attached hereto and incorporated herein by this reference. Said parcels are hereinafter referred to as the "Property"; and WHEREAS, the party of the first part is the contract purchaser of the Property and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-1 and AG-2 to Conditional R-15 Residential District with a Conditional Use Permit for Open Space Promotion; and GPIN: 2403-21-0241 2403-21-1935 RETURN TO: SYKES, BOURDON, AHERN & LEVY, P.C. PEMBROKE ONE BUILDING, THE FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462 PREPARED BY .~ SYICES, I~OURDON, ii[Il AItERN & LEVY, PC WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible 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 Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-15 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their 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 make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors ~n interest or title and which will not be required of the Grantors until the Property is developed: 1. When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more PREPARED BY [$~[S. ]~OURDON, AttEt~N & L~Y, P C than sixty-four (64) building lots substantially in conformance with the Exhibit entitled "PRELIMINARY SUBDIVISION PLAN OF EAGLES NEST FOR WEST NECK PROPERTIES, INC. VIRGINIA BEACH, VIRGINIA", dated July 5, 2001, last revised 3/25/02, prepared by Burgess and Niple, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the property is developed, approximately 46.74 acres of forested area and buffers along West Neck Road and Indian River Road lying outside the residential lots and roadways depicted on the Concept Plan shall be dedicated to the Grantee as Public Open Space. An additional 10.75 acres of Open Space including an improved multi-purpose trail for use by the public shall be maintained by the Property Owners Association. 3. The entrance to the community and multi-purpose trail and the typical street section of future West Neck Road and the roads within the community shall be constructed and installed substantially in conformance vath the detailed plans on page 2 of the Concept Plan. No on-street parking shall be permitted on one side of every road within the community. 4. When the Property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners Association which shall be responmble for maintaining all common areas easements, including the community owned open space and multi-purpose trail, the entrance signage and neighborhood park. 5. All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which is no less than seventy-five percent (75%) brick, stone, stucco or similar quality materials. Any one story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2800 square feet of enclosed hving area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage and a driveway (including apron) with a minimum of four hundred ninety (490) square feet of hardened surface area. PREPARED BY SYI([S, [}OUEDON, AIt[RN & [~'VY, P C 6. When the Property is developed, every reasonable effort will be made to preserve as many of the existing trees on the site as practical and a tree preservation plan shall be submitted to the Grantee for review along with the Preliminary Subdivision Plan. 7. The Grantors recognize that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on November 4, 1997. The Comprehensive Plan states that development taking place in this area should support the primary purpose of advancing open space and recreational uses. In addition to committing sixty-five percent (65%) of the Property to open space preservation, via the dedication of forty-six and seventy-four one-hundredths (46.74) acres of the Property to Grantee as a part of West Neck Creek Linear Park, and ten and three quarter acres to the Property Owners Association as permanent open space the Grantors agree to contribute the sum of One Thousand Two Hundred Fifty Dollars ($1,250.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantors in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. Grantors agree to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. 8. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of apphcable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-15 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall PREPARED BY i~ SYI(t~S. ]~OUEDON. AttERN & L~VY, PC continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested w~th all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virgima, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, ~n writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The fmlure to meet all conditions and restrictions shall constitute cause to deny the ~ssuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any dec~sion of the Zomng Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to ~nstituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, PREPARED BY $$YI~[$, [}OURDON, AttEIIN & LEVY. pC and they shall be recorded in the Clerk's Office of the Circmt Court of the City of Virginia Beach, %rginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY USYiCES. itOUIIDON AItEt~N & LEVY. p C WITNESS the following signature and seal: GRANTOR: WEST NECK PROPERTIES, INC., a Virginia corporation By: 0 Robert D. Zirpoli, STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 26th day oI November, 2001, by Robert D. Zirpoli, President of West Neck Properties, Inc., a Virginia corporation, Grantor. Notary Public My Commission Expires: August 31, 2002 PREPARED BY l.lSYI~[S, itOUItDON, Alii:tN & LL-VY. PC WITNESS the following signature and seal: GRANTOR: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this(~2~_ day of November, 2001, M. Legare Snyder, Grantor. Nota~-y' pu~ii; ! ~ --' My Comm]smon Expires: *~/~~ PREPARED BY ISYI([S. t~OUttDON, A~ers & LevY, pc EXHIBIT '*A" ALL THOSE certain pieces, parcels or tracts of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, mtuate and being in the Borough of Princess Anne, City of Virginm Beach, Virginia, as shown on that certain plat entitled "PLAT OF J.L. SIMMON'S LAND IN WEST NECK, PRINCESS ANNE COUNTY, VA., MADE AUGUST 3, 1911, BY JOSHUA G. MOORE, COUNTY SURVEYOR," and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in Map Book 6, at Page 3, and more particularly described as follows: PARCEL 1: Beginning at a post at the intersection of the West Neck Road and the Indian River Road (sometimes called Saw Dust Road) and running N. 9° 45' E. 1362.3 feet to a post, 8 feet South of Lead Ditch; thence S. 78° 50' E. 1361.25 feet to a post, 8 feet South of Lead Ditch; thence S. 38° E. 43.2 minutes {by plat 43.2 feet) post; S. 45° W. 138.6 feet pine stump; S. 53° 45' W., 182.8 feet pine stump; S. 1° 30' E., 102.3 feet maple; S. 1° E. 116.1 feet pine, a corner; thence N. 86° 45' E., 127.3 feet pine; S. 89° 15' E., 93.7 feet cypress; S. 88° 30' E., 219.7 feet beech; S. 33° 25' E., 121.5 feet gum; S. 38° 18' E. 82.75 feet oak; S. 15° 30' E. 55.66 feet pine; S. 29° 45' E. 91 feet pine; S. 17° E. 93.66 feet gum; S. 48° 15' E. 80 feet beech; S. 30° 51' E., 68.75 feet gum; S. 0° 55' E. 93.5 feet pine; S. 15° E. 76.5 feet maple; S. 13° 45' E. 97.1 feet gum; S. 38° 20'E, 65feetgum; S. 37° 55'E. 99 feet gum; S. 52° 35'E. 52.75 feet cypress; S. 65° 26' E. 145.5 feet oak; N. 73° 35' E, 45.5 feet gum; S. 25° 9' W. 65.5 feet pine; S. 19° W., 62 feet post; S. 19° W. 9.5 feet beech; S. 11° 25' W. 58 feet pine; W. 9° 45' W. 103 feet pine; S. 8° 15' W. 70.5 feet beech; S. 9° 45' W. 43 feet gum; S. 11° 35' W. 54.6 feet maple; S. 11° W. 67 feet pine; S. 18° W. 99.5 feet pine; S. 17° 25' W. 104.5 feet gum, a corner; thence N. 71° 25' W. 154.16 feet gum; N. 67° 45' W. 149.3 feet gum; N. 57° 45' W. 327.9 feet pine; N. 57° 10' W. 283.5 feet pine; S. 75° 50' W. 80 feet post; N. 62° 15' W. 246.6 feet station on road; thence N. 65° 15' W. 1288.75 feet to post; the point of beginning, being "Plat A' and containing 72.32 acres. GPIN: 2403-21-1935 PARCEL 2: Beginmng at a gum, at the Northeast corner of said tract and running thence N. 11° 15'E. 103. 6 feet ash; N. 11° 45'E. 117.4 feet gum; N. 15° 45'E. 110.2 feet gum; N. 6° E. 258.7 feet gum; N. 5° E. 145.8 feet gum; N. 12° 30' E. 128.7 feet gum; N. 19° E. 73.2 feet gum; N. 22° E. 250 feet beech; N. 23° 45.5 feet oak; S. 65° 25' E. 146.5 feet cypress; S. 52° 35' E. 52.75 feet gum; S. 37° 55' E. 99 feet gum; S. 38° 20'E. 65feetgum; S. 13° 45'E. 97.1 feet maple; S. 15°E. 76.5 feetpme; S. 0°55' E. feet gum; S. 30° 5' E. 68.75 feet beech; S. 48° 15' E. 80 feet gum; S. 17° E. PREPARED BY ISY]([S, ]~OU~DON. AIIERN & LEVY, PC 93.66 feet pine; S. 29° 45' E. 91 feet pine; S. 15° 30' E. 55.56 feet oak; S. 38° 15' E. 82.75 feet gum; S. 33° 25' E. 121.5 feet beech; a corner; thence S. 57° 45' W. 201.3 feet maple; S. 55° 30' W. 153.7 feet holly; S. 77° 30' W. 69.3 feet cypress; S. 85° W. 61.3 feet gum; S. 80° 45' W. 57.4 feet gum; S. 80° 15' W. 141.2 feet gum; S. 80° 15' W. 141.2 feet to a gum and thence S. 72° 10' W. 254.7 feet to the gum, the point of beginning, said tract being "Plat 13" and contaimng 17.45 acres. GPIN: 2403-21-1935 PARCEL 3: ALL that certain tract, piece and parcel of land containing 0.302 acre, lying, situate and being on the north side of Indian River Road in the Princess Anne Borough of the City of Virgima Beach, Virginia and designated as Parcel "B' 0.302 acre on that certain plat entatled "Survey of Property of George S. Dawley Estate, Princess Anne Borough, %rginia Beach, Va.", dated December 22, 1976 and made by Gallup Surveying, Ltd., duly of record in the Clerk's Office Circuit Court of the City of Virginia Beach, Virginia, in Map Book 126, at Page 35-A, reference to which plat is hereby made. SAVE AND EXCEPT that property conveyed to Lankford D. Malbone and Jeanette W. Malbone recorded in Deed Book 954, at Page 470. . GPIN: 2403-21-0241 CONDREZN/WSTNKPRP/PROFFER5 10 Item V-L. 6. - 54 - PLANNING ITEM # 50967 Upon motton by Vtce Mayor Jones, seconded by Council Lady Eure, Ctty Councd ADOPTED Ordtnances upon apphcattons of CarMax Auto Superstores, Inc. Dtsconttnuance, closure and abandonment of a portton of Rodrtguez Drtve and Wagner Street, a Con&ttonal Change of Zomng and Con&ttonal Use Permtt (AS REVISED TO LIMIT HEIGHT OF MONUMENT SIGN TO 8 FEET) Apphcatton of CarMax Auto Superstores, Inc for the &sconttnuance, closure and abandonment of a portton of Rodrtguez Drtve begtnmng at a potnt approxtmately 200 feet south of Bonney Road and running tn a southerly dtrectton a &stance of 326 18feet Satdparcel contatns 7, 405 20 square feet DISTRICT 3 - ROSE HALL Apphcatton of CarMax Auto Superstores, Inc for the discontinuance, closure and abandonment of a portton of Wagner Street located on the south stde of Bonney Road, runntng tn a southerly dtrectton approxtmately 119 72feet Satd parcel contatns 7,405 20 square feet DISTRICT 3 - ROSE HALL The foHowtng conchttons shall be requtred The Ctty Attorney's Office shall make the final determmatton regar&ng ownershtp of the underlymg fee The purchase prtce to be pard to the City shall be determtned accordtng to the "Pohcy Regarding Purchase of City's Interest tn Streets Pursuant to Street Closures, "approved by Ctty Counctl Coptes of the pohcy are avatlable tn the Planmng Department The apphcant shall resubchvtde the property and vacate tnternal lot hnes to tncorporate the closed area tnto the adjotntng parcels The plat shall be submttted and approved for recordation prtor to final street closure approval The apphcant shall vertfy that no prtvate utthttes extst wtthtn the rtght-of-way proposed for closure Prehmtnary comments from Hampton Roads Santtatton District tn&cate that there are no prtvate utthttes wtthtn the rtght-of-way proposed for closure No comments have been received from Vtrgtnta Natural Gas or Dommton Power If prtvate utthttes for these agenctes do extst, easements sattsfactory to the utthty company, shall be provtded The apphcant shah vertfy that there are no pubhc dratnage structures tn the area proposed for closure If pubhc dratnage structures do extst, an easement over them must be provtded or they must etther be removed/relocated upon revtew and approval by the Department of Pubhc Works March 25, 2003 - 55 - Item V-L. 6. PLANNING ITEM # 50967 (Continued) Closure of the rtght-of-way shall be conttngent upon comphance wtth the above stated conchttons wtthtn 365 days of approval by City Council If the conchttons noted above are not accomphshed and the final plat ts not approved wtthm one year of the City Counctl vote to close the rtght-of-way this approval shall be constdered null and votd AND, ORDINANCE UPON APPLICATION OF CARMAX AUTO SUPERSTORES, INC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 1-2, CONDITIONAL 1-2 AND B-2 TO CONDITIONAL B-2 Z03032140 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of CarMax Auto Superstores, Inc for a Change qf Zontng Dtstrtct Classtficatton from 1-2 Heavy Industrtal Dtstrtct, Condtttonal 1-2 Heavy Industrtal Dtstrtct and B-2 Communtty Bustness Dtstrtct to Con&ttonal B-2 Communtty Bustness Dtstrtct on the south stde of Bonney Road, west of Chestnut Avenue (GPIN1487-33-1330, -1313, -0341, -1349, -0349, -1402, -1416, -0419, -0584, -1518, -0509, - 2844, -2801, -2706, -0509, -0419, -0349, -0341, -1518, -0584, -1416, - 1402, - 1349, -0285, -43 75, -8439, - 9199, -2044, - 1978, - 1628, - 0673, - 9266) The proposed zomng to Condtttonal B-2 ts for retatl commerctal land use The Comprehenstve Plan recommends use of thts parcel for bustness parks, offices, tndustrtal, and employment support land use Parcel contatns 21 5 acres DISTRICT 3 - ROSE HALL The followtng con&tton shall be reqmred 1 An Agreement encompasstngproffers shall be recorded wtth the Clerk of Ctrcutt Court AND, ORDINANCE UPON APPLICATION OF CARMAX AUTO SUPERSTORES, INC FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES R030331093 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of CarMax Auto Superstores, Inc for a Condtttonal Use Permtt for motor vehtcle sales on the south stde of Bonney Road, west of Chestnut Avenue (GPIN148 7-3 3-13 3 0, -1313, -0341, -1349, -0349, -1402, -1416, -0419, -0584, -1518, -0509, -2844, -2801, -2706, - 0509, -0419, -0349, -0341, -1518, -0584, -1416, -1402, -1349, -0285, - 4375, -8439, -9199, -2044, -1978, -1628, -0673, -9266) Parcel contatns 2I 5 acres DISTRICT 3 - ROSE HALL March 25, 2003 Item V-L. 6. PLANNING - 56- ITEM # 50967 (Continued) The followtng condtttons shall be reqmred The development of the stte shall substanttally conform wtth the stte plan entttled "Carmax Store No 7130, Vtrgtnta Beach, Vtrgtnta, Prehmtnary &te Plan" dated January 22, 2003 exhtbtted to City Counctl and on file tn the Planntng Department The butldtng shah be developed tn substanttal conformance wtth the rendertng entttled "Carmax Zontng Elevattons" dated January 22, 2003 as exhtbtted to Ctty Council and on file tn the Planntng Department The landscaptng on the stte shall substanttally conform wtth the plan entttled "Carmax Store No 7130, Vtrgtnta Beach, Vtrgtnta, Landscape Development Plan" dated November 12, 2002 exhtbtted to Ctty Counctl and on file tn the Planntng Department The block wall surroun&ng the storage area shall be at least 6 feet tn hetght and shall not exceed 8 feet tn hetght The block wall shah substantially conform to the exhtbtt entttled "Carmax Decorattve Screen Wall Detail "exhtbtted to Ctty Counctl and on file tn the Planntng Department A Board of Zomng Appeals vartance ts requtred to set the wall back 20feet from 1-264 as shown on the stte plan If the variance ts not granted, the wall shall be relocated to the 35-foot set back reqmred tn the Zomng Ordinance 6 All internal lot hnes shall be vacated by plat Except for the masonry wall and parktng expanston area shown on the stte plan submttted to the Planntng Department wtth thts apphcatton, no structures or stormwater detentton facthttes shall be constructed wtthtn 65feet of the current rtght-of-way ofi-264 No outstde storage ofjunk or salvage vehtcles shall be permttted If vehtcles tn thts condttton require storage, then such vehtcles shall be stored wtthtn the butldtng 9 There shall be no pennants, streamers, banners, balloons or searchhghts &splayed on the stte at any ttme 10 The apphcant shall tnstall Category I landscaptng on the east stde of the wall enclostng the area destgnated "Non-Saleable, 3 25 ac "on theplan referenced tn Condttton 1 March 25, 2003 -57- Item V-L. 6. PLANNING ITEM # 50967 (Continued) These Ordinances shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-fifth of March, Thousand Three Two Vottng 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None March 25, 2003 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS RODRIGUEZ DRIVE AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF RODRIGUEZ DRIVE RIGHT-OF-WAY (MB 4, PG 191) NOVEMBER 12, 2002, VIRGINIA BEACH, VIRGINIA" WHEREAS, on March 25, 2003, JRL Associates, L.L C., a Virginia limited liability company, and CarMax Superstores, Inc., a Vlrgima corporation, applied to the Councd of the City of Virglma Beach, Vlrglma, to have the hereinafter described street d~scontlnued, closed, artd vacated; and WHEREAS, It ~s the judgment of the Council that said street be discontinued, closed, and vacated, subject to certmn conditions having been met on or before March 24, 2004; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Councd of the City of Virgima Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certmn conditions being met on or before March 24, 2004: All that certain piece or parcel of land situate, lying and being in the C~ty of Virginia Beach, Virginia, designated and described as "PORTION OF RODRIGUEZ DRIVE TO BE CLOSED, AREA = 16 281 SF OR 0 374 AC" shown as the cross-hatched area on that certain plat entitled: "PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF RODRIGUEZ DRIVE RIGHT-OF-WAY (MB GPIN's. (1487-33-0285, 1487-33-1330,1487-33-1313, 1487-33-1349, 1487-33-1402, 1487- 33-1416, 1487-33-0584, 1487-33-1518, 1487-33-0781, 1487-33-4375) 4, PG 191) NOVEMBER 12, 2002, VIRGINIA BEACH, VIRGINIA" Scale: 1"=50', dated November 12, 2002, prepared by MSA, P.C., a copy of which IS attached hereto as Exhibit A. SECTION II The following conditions must be met on or before March 24, 2004' 1 The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council Copies of said policy are available in the Planning Department. 2 The applicant shall resubdIvlde the property and vacate ~nternal lot lines to incorporate the closed area into the adjoining parcels The resubdivislon plat shall be submitted and approved for recordation prior to final street closure approval 3 The applicant shall verify that no private utilities ex~st within the right-of-way proposed for closure. Preliminary comments from Hampton Roads Sanitation District indicate that there are no private utilities within the right-of-way proposed for closure. No comments have been received from Virginia Natural Gas or Dominion Power If private utilities for these agencies do exist, easements satisfactory to the utility company shall be provided 4. The applicant shall verify that there are no public drainage structures in the area prgoposed for closure. If public drainage structures do exist, an easement over them must be provided or they must either be removed/relocated upon review and approval by the Department of Public Works. 5 Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council If all conditions noted above are not accomplished and the final plat IS not approved within one year of the C~ty Council vote to close the roadway, this approval will be considered null and void SECTION III 1 If the prece&ng conditions are not fulfilled on or before March 24, 2004, tlus Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before March 24, 2004, the date of final closure ~s the date the street closure ordinance is recorded by the City Attorney. SECTION IV 3. A certified copy of this Ordinance shall be filed in the Clerk's Office of the Clrctt~t Court of the City of Vlrglma Beach, V~rgmm, and indexed m the name of the CITY OF VIRGINIA BEACH as "Grantor." Adopted by the Council of the City of V~rg~ma Beach, V~rg~ma, on this 2 5 th day of March ,2003. CA-8656 March 11,2003 C \Documents and Sett~ngs\bduke\Local Sett~ngs\Temp\ca8656 otd wpd APPROVED AS TO CONTENT Planmng'~partment APPROVED AS TO LEGA}~~IENCY C~ty Attorney ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS WAGNER STREET, AS SHOWN ON THAT CERTAIN PLAT ENTITLED' "PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF WAGNER STREET RIGHT-OF-WAY (MB4, PG 191) NOVEMBER 12, 2002, VIRGINIA BEACH, VIRGINIA" WHEREAS, on March 25, 2003, JRL Associates, L.L.C a V~rglma limited liability company and CarMax Auto Superstores, Inc., a Vlrg~ma corporation, applied to the Councd of the City of Virginia Beach, Vlrglma, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before March 24, 2004; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Vlrg~ma Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before March 24, 2004: All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "PORTION OF WAGNER STREET TO BE CLOSED, AREA = 7,551 SF OR 0.173 AC" shown as the cross-hatched area on that certain plat entitled: "PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF WAGNER STREET RIGHT-OF-WAY (MB 4, PG 191) NOVEMBER 12, 2002, VIRGINIA BEACH, VIRGINIA" Scale: 1"-40', prepared by MSA, P. C, a copy of which is attached hereto as Exhibit A. GPIN' 1487-33-4375 SECTION II The following conditions must be met on or before March 24, 2004: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council Copies of said policy are available in the Planning Department. 2. The applicant shall resubdivlde the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from Hampton Roads Sanitation District indicate that there are no private utilities within the right-of-way proposed for closure. No comments have been received from Virginia Natural Gas or Dominion Power. If private utilities for these agencies do exist, easements satisfactory to the utility company, shall be provided. 4 The applicant shall verify that there are no public drainage structures in the area proposed for closure Ifpubhc drainage structures do exist, an easement over them must be provided or they must either be removed/relocated upon rewew and approval by the Department of Public Works. 5 Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomphshed and the final plat is not approved within one year of the City Council vote to close the roadway, this approval will be considered null and void SECTION III 1 If the preceding conditions are not fulfilled on or before March 24, 2004, this Ordinance will be deemed null and void without further action by the City Council 2 Ifall conditions are met on or before March 24, 2004, the date offinal closure is the date the street closure ordinance is recorded by the City Attorney. SECTION IV 3. A certified copy of this Ordinance shall be filed ~n the Clerk's Office of the Circuit Court of the City of Virginia Beach, V~rg~ma, and ~ndexed ~n the name of the CITY OF VIRGINIA BEACH as "Grantor." Adopted by the Council of the C~ty of V~rg~nla Beach, Virg~ma, on th~s 2 5th day of March ,2003. CA-8657 March 11, 2003 C \Documents and Sett~ngs\bduke\Local Sett~ngs\Temp\CA8657 ORD FRM APPROVED AS TO CONTENT Planmng e/~partment APPROVED AS TO L~Y C~ty Attorney In Reply Refer To Our File No. DF-5672 DATE: March 12, 2003 TO: Leslie L. Lilley DEPT: City Attorney FROM: B. Kay Wilson~ DEPT: City Attorney Conditional Zoning Application CarMax Auto Superstores Inc., JLR Associates, L.L.C., and Contractors Paving, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 25, 2003. I have reviewed the subject proffer agreement, dated November 12, 2002, 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 Enclosure Prepared By/Return To: Troutman Sanders LLP 4425 Corporation Lane, Suite 420 Virginia Beach, Virginia 23462 THIS AGREEMENT, made this /_~'day of November, 2002 by and among JLR ASSOCIATES, L.L.C., a Virginia limited liability company ("JLR") and CONTRACTORS PAVING, INC., a Virginia corporation ("CPI"), which together own certain property generally located along Bonney Road and Interstate 264 in the City of Virginia Beach, Virginia; and CAR_MAX AUTO SUPERSTORES, INC., a Virginia corporation ("CarMax"), the contract purchaser of the properW (hereinafter referred to collectively as the "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantors have imtiated an amendment to the Zoning Map of the City of Virginia Beach, Vkginia, by petition addressed to the Grantee, so as to change the existing zoning classifications from B-2, I-2, and I-2 Conditional, to B-2 Conditional on certain property which contains approximately 22.3 acres, more or less, located in the Rose Hall District of the City of Virginia Beach, Virginia, which property is more particularly described in the attached Exhibit A (hereinafter the "Property"); and WHEREAS, the Property is subject to a prior agreement dated May 23, 1997, by and among Contractor's Paving Company, Inc.; Lena Sancilio; LA.DM Associates, L.L.C.; Maurice Steingold and Thelma Steingold, Trustees of Maurice Steingold Declaration of Trust; Lewis Steingold, sole trustee under the Israel Stemgold Family Trust; Lewis B. Steingold, individually; Jeffrey M. Steingold; and The City of Virginia Beach, a municipal corporation, a copy of which has been recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 3762, at page 1393 and which, upon approval by the governing body of Grantee of Grantor's petition for an amendment to the existing zoning classification of the Property, shall become null and void, and have no fm~er force and effect; and WltEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and GPINs: 1487-33-4375, 1487-33-8439, and those set forth on Extn'bit A hereto WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to reco~ize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance ("CZO"), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstand~g the foregoing, these conditions are amended or varied by written instnnnent 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 ordinance or resolution adopted by the governing body of the Grantee, after a public heating before the Grantee advertised pursuant to the provisions of the Code of¥irginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restnct and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property shall be used only for Motor Vehicle Sales, as that term is defined in the CZO, including any uses accessory and incidental thereto. 2. Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable C~ty Codes by all cogaxizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Vir~nia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may' be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning 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. Upon acquisition of the Property by CarMax, CarMax shall succeed to all fights and obligations of the "Grantors" under this Agreement, and JLR and CPI shall have no further rights or obligations of a "Grantor" under this Agreement (but will retain all rights and obligations as the "Grantee"). This Agreement may be signed in one or more counterparts which, upon execution by all the parties, shall constitute a single agreement. GRANTOR: J-LR ASSOCIATES, L.L.C., a Virginia limited liability By: Robert C. Teets, Manager GRANTOR: CONTRACTORS PAVING, INC., a Virginia corporation By: ~-- ~ Robert C. Teets, President COMMONWEALTH OF VIRG~ L:~D~~/CITY OF ~,' ~ ~,~ ~c~ .~a L~.. , to-wit: The foregoing insmnuent was acknowledged before me this t ~?'day of November, 2002, by Robert C. Teem, acting in his capacity as Manager of J'LR Associates, L.L.C., a Virginia limited liability company, who either [ /] is personally known to me or [ ] produced _.- as identification. My Commission Expires: Notary Public COlVfMONWEALTH OF VIRGIN~ ~ITY OF ~ ~'~ ~, ~ tt ~ (. k...., to-wit: The foregoing insmanent was acknowledged before me this l L~day of November, 2002, by Robert C. Teem, acting in his capacity as President of Contractors Paving, Inc., a Virginia corporation, who either [ ~/] is personally known to me or [ ] produced as identification. My Commission Expires: Notary Public GRANTOR: CARMAX AUTO SUPERSTORES, INC., a V~rginia corporation Bye. K. Douglass Moyers Ass}stant V,ce President COMMONWEALTH OF VIRGINIA COUNTY/CITY OF [--~ c , to-wit: The foregoing instrument was acknowledged before me this i ~ ~day of November, 2002, by K. Douglass Moyers, acting in his capacity as Vice-Pres~dent, Real Estate of CarMax Auto Superstores, Inc., a Virgnnia corporation, who either [ K' ] is personally known to me or [ ] produced as identification. Notary Public My Commission Expires: 2~ .~ev ~-~. ~_ ~-~-xD, ~X:.- GRANTOR: CARMAX AUTO SUPERSTORES, INC., a Virginia corporation By: ,__/_/- //~hon~ ~ Real Estate Manager COMMONWEALTH OF VIRGINIA COUNTY/CITY OF ~-~x~c ~C ~ , to-wit: The foregoing instrument was acknowledged before me this \Sr~--~y of November, 2002, by W. Anthony Curp, acting in lus capacity as Real Estate Manager of CarMax Auto Superstores, Inc., a Virginia corporation, who either [ x,~ is personally known to me or [ ] produced as identification. Notary Public My Commission. Expires: EXHIBIT "A' DESCRIPTION OF PROPERTY PARCEL O,,NE (GPIN: 1487-33-4375) It being the same property conveyed to JLR Associates, L.L.C., a Virginia limited liability company herein by deed dated February 24, 1998 from Lena Sancilio, widow and LADM, a Virginia limited liability company, duly recorded March 4, 1998 in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 3852 page 1073. It being the same property conveyed to JLR Associates, L.L.C., a Virginia limited liability company herein by deed dated March 13, 2001 from Contractors Paving Company, Incorporated aka Contractors Paving Co., Inc., a Vir~nia corporation duly recorded March 16, 2001 in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 4376 page 300. As to: Parcel A, Resubdivision of Lots 13 - 16, 34- 38 & remaining portions of Lots 17, 18, 39, 40, Block 4, Lots 16 - 19, 37 - 41, and the remaining portions of Lots 20, 21, 42, Block 6, a portion of the property formerly second street (closed) and street closure to a portion of Wagner Street and Avenue E, Map of East Norfolk, Map Book 260, pages 24 thru 26. Parcel B, Resubdivision of Lots 16-46, Block 3, Lots 1 - 12, 22 - 33, Block 4, Lots 1 - 22 28 - 44, Block 5, Lots 1 - 15, 22 - 36, Block 6 and street closure to portions of Avenue E, Wagner Street and First Street, Map of East Norfolk and Lot 16A, Block 6, Lot36A, Block 4, Resubdivision of Lots 13 - 16, 34- 38 and the remaining portions of Lots 17, 18, 39, 40, Block 4, Lots 16- 19, Lots 37 -41 and the remaining portions of Lots 20, 21, 42, Block 6, a portion of the formerly second street (closed) and street closure to a portion of Wagner Street and a portion of Avenue E, Map of East Norfolk, Map Book 261, pages 97 thru 99. Lots 14 & 15, Block 3, East Norfolk Portion of Avenue E (Closed 4/13/99), Resubdivision of Parcel A & B, East Norfolk, Lot 14 & 15, Block 3 and a portion of Avenue E, Map of East Norfolk. Street Closure Ordinance recorded in Deed Book 4217 at page 668. NOTE: ABOVE DESCRIBED LEGALS MAKE UP PARCEL B- 1 SHOWN ON PLAT RECORDED IN MAP BOOK 285, PAGES 16 AND 17. PARCEL TWO (GPINs: 1487-33-0509; 1487-33-0419; 1487-33-0349; 1487-33-0341; 1487-33- 1518; 1487-33-0584; 1487-33-1416; 1487-33-1402; 1487-23-9266; 1487-23-9199; 1487-33-2044; 1487-32-1628; 1487-32-0673; 1487-33-0285): It being the same property conveyed to JLR Associates, L.L.C. herein by deed dated March 4, 1999 from Nationsbank of Virginia, NA and Ann K. Sullivan, Trustees for Family Trust of George M. Sullivan, Jr., deceased duly recorded March 12, 1999 in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 4046 page 825. It being the same property conveyed to JLR Associates, L.L.C. herein by deed dated November 3, 2000 from Bank of America, N.A., formerly known as Nationsbank of Vir~nia, N.A., formerly known as Sovran Bank, N.A., formerly known as Virginia National Bank and Anne K. Sullivan, Trustees for the Family Trust of George M. Sullivan, Jr., deceased duly recorded November 20, 2000 in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 4324 page 1. Lots 13 - 16, 34- 42, Block 7, Lots 1 - 42, Block 8, Map of East Norfolk Portion of Second Street, Map of East Norfolk, less and except that portion of Second Street lying east of a southern extension of the eastern side of Avenue G to the intersection of VB Norfolk Expressway A triangular shaped residual parcel of land being a portion of that certain property formerly referred to as Rosemont Amusement Park, plat of Rosemont Park Parts now or formerly Avenue H, Avenue G, and First Street vacated by City Ordinances Lots 9 - 12, Lots 30 - 33, Block 7, Map of East Norfolk Parts now or formerly Avenue H and First Street vacated by City ordinances PARCEL THREE (GPIN: 1487-33-8439): It being the same property conveyed to Contractors Paving Company, Incorporated, a Virginia corporatuon herein by deed dated January 31, 1966 from Atlantic Construction Corporation, a Virginia corporation duly recorded April 6, 1966 in the Clerk's Office of the Circuit Court of the City of Virgima Beach in Deed Book 954 page 666. As to: Parcel A (1.92 acres), Parcel B (0.276 acres), Parcel C (3.303 acres) and Parcel E (0.241 acres), shown on Survey of Blocks 1 and 2, East Norfolk, Map Book 66, page 11. Less and except that portion of Parcel C and that portion of Parcel E conveyed to Bay Camping, Inc. by deed dated May 24, 1973 and recorded in Deed Book 1355 at page 458. Less and except that portion of Parcel C conveyed to Malibu Auto Parts, Inc. by deed dated October 17, 1973 and recorded in Deed Book 1384 at page 757. PARCEL FOUR (GPIN: 1487-33-1313, 1487-33-1330, and 1487-33-1349): It being the same property conveyed to JLR Associates, L.L.C., a Virginia limited liability company hereto by deed dated December 14, 1998 fi-om Contractors Paving Company, Incorporated duly recorded December 22, 1998 in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 4003 page 1171. It being the same property conveyed to JLR Associates, L.L.C., a Virginia limited liability company herein by deed dated February 9, 2001 fi-om D. Scott Seery, Special Commissioner for and on behalf of Elizabeth G. Laughom and unknown heirs duly recorded February 13, 2001 in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 4357 page 1783. Lots 17 - 21, Block 7, East Norfolk PARCEL FIVE (GPIN: 1487-33-2706): It being the same property conveyed to JLR Associates, L.L.C., a Virginia limited liability company hereto by deed dated December 14, 1998 fi-om Contractors Paving Company, Incorporated, a Virginia corporation duly recorded December 22, 1998 in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 4003 page 1171. As to: Lots 26 - 27, Block 5, East Norfolk Realty and Industrial Corporation PARCEL SIX (GPIN: 1487-33-2844 and 1487-33-2801): It being the same property conveyed to JLR Associates, L.L.C., a Vir~nia limited liability company herein by deed date April 24, 2001 fi-om Handhold Associates, a Virginia general partnership duly recorded May 3, 2001 in the Clerk's Office of the Circuit Court of the C~ty of Virginia Beach in Deed Book 4409 page 1502. As to: A portion of Lot 23, and Lots 24- 25, Block 5, East Norfolk Less and except that portion of property taken fi-om Lot 24 for road purposes and recorded in Deed Book 1870 at page 336. GPIN Numbers have not yet been assigned to those portions of Wagner Street and Rodriguez Drive, which the Applicant proposes closing in connection with the Conditional Rezoning and Conditional Use Permit Applications. It is intended, however, that these properties be added to the foregoing description if those streets are approved to be closed. 10 Item V-L. 7. - 58- PLANNING ITEM # 50968 Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl DEFERRED to the City Council Session of April 22, 2003, Ordmance upon apphcatton of Michael D. Sifen, Inc. for a Condtttonal Change of Zontng Dtstmct ORDINANCE UPONAPPLICA TION OF MICHAEL D SIFEN, INC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-SD RESIDENTIAL DUPLEX DISTRICT TO CONDITIONAL I-1 LIGHT INDUSTRIAL DISTRICT Orchnance upon Apphcatton of Michael D Siren, Inc for a Change o_[ Zontng Dtstrtct Classtficatton from R-5D Restdenttal Duplex Dtstmct to Conchttonal I-1 Ltght Industrtal Dtstrtct on the west stde of Centervtlle Turnpike approxtmately 1600feet north of tts tntersectton wtth Kempsvtlle Road (GPIN 1455737940) Theproposed zomng to Condtttonal I-1 ts for hght mdustrtal land use The Comprehenstve Plan recommends use of thts parcel for bustness parks, offices, tndustrtal, and employment support land use Parcel contains 6 724 acres DISTRICT I - CENTER V[LLE Vottng 11-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Lores R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None March 25, 2003 Item V-L.& PLANNING - 59 - ITEM # 50969 The followtng regtstered tn SUPPORT: Attorney Edward Bourdon, Pembroke One 5tn Floor, Phone 499-8971, represented the apphcant Mr Bourdon chstrtbuted coptes of the elevattons of the homes proposed for the development, letters of support and a flyer The apphcatton ts for an age restrtcttve, acttve adult condomtntum communtty known as Chelsea Place (24-twtn homes on ten (1 O) acres of land) Maxtne C Graham, 2202 Ventce Court, Phone 430-9933 The followtng regtstered tn OPPOSITION: Larry Kernodle, represented the Three Oaks Homeowners Assoctatton, who voted unammouslyfor DENIAL, 2225 Shtnglewood Way, Phone 423-1147 Mr Kernodle chstrtbuted coptes of the apphcatton Royal Court has another project of 138 untts at the corner of Prtncess Anne and General Booth A MOTIONwas made by Counctlman Reeve, seconded by Counctlman Schmtdt to ADOPTan Ordtnance upon apphcatton of Royal Court, Inc. for a Change of Zontng Upon SUBSTITUTE MOTION by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl DEFERRED unttl the Ctty Counctl Sesston of Aprt122, 2003, Ordinance upon apphcatton of Royal Court, Inc. for a Change of Zonmg ORDINANCE UPON APPLICATION OF ROYAL COURT, INC, A VIRGINIA CORPORATION, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-l, AG-2 AND R-20 TO R-5D RESIDENTIAL DUPLEX DISTRICT WITH A PD-H2 Or&nance upon Apphcatton of Royal Court, Inc , a Vtrgtnta Corporatton, for a Change of Zontng Dtstrtct Classtficatton from AG-1 Agrtcultural Dtstrtct, AG-2 Agrtcultural Dtstrtct and R-20 Restdenttal Dtstrtct to R-5D Restdenttal Duplex Dtstrtct wtth a PD-H2 Planned Untt Development Dtstrtct Overlay on the north stde of Prtncess Anne Road, 344feet west of Crossroads Tratl (GPIN 2404-75-8161) The proposed zontng to Condtttonal R-5D wtth PD-H2 ts for restdenttal land use at a density not to exceed 6 dwelhng umts per acre The Comprehenstve Plan recommends use of thts parcel for restdenttal land use at or below 3 5 dwelhng untts per acre Satd parcel contatns 9 963 acres DISTRICT 7- PRINCESS ANNE March 25, 2003 Item V-L. 8. - 60 - PLANNING ITEM # $0969 (Continued) ~otmg 11-0 Councd Members Vonng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and James L Wood Councd Members Vottng Nay None Councd Members Absent None March 25, 2003 - 61 - Item V-L. 9. PLANNING ITEM # 509 70 John Gtbson, 1081 29'h Street, Sutte 203, Phone 497-7700, represented the Elhs-Gtbson Development Agreement, represented the apphcant Burrell Saunders, CMSS Archttects, member of Development Team, &splayed the schemattc of the project, whtch consists of luxury upscale apartments Wendy Drucker, Part owner - Drucker and Falk, 4633 Haystack Lan&ng Road, Newport News, Phone 245-1541 Upon motton by Councdman Reeve, seconded by Counctl Lady Wtlson, Ctty Counctl ADOPTED an Or&nance upon apphcatton of Lake Gem, LLC, re Con&ttonal Change of Zontng Dtstrtct Classtficatton ORDINANCE UPON APPLICATION OF LAKE GEM, L L C FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO CONDITIONAL A-18 APARTMENTDISTRICTAND CONDITIONAL B-2 Z03032141 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Lake Gem, L L C for a Change of Zontng Dtstrtct Classtficatton from B-2 Communtty Bustness Dtstrtct to Condtttonal A-18 Apartment Dtstrtct and Condtttonal B-2 Commumty Bustness Dtstrict on the southeast corner of Ntmmo Parkway and Upton Drtve (GPIN 241435 7392) The proposed zonmg to Condtttonal B-2 ts for retatl commerctal land use The proposed zontng to A-12 ts for multt-famtly restdenttal land use at a denstty not to exceed 12 untts per acre The Comprehenstve Plan recommends use of this parcel for retatl, servtce, office, and other compattble land uses Parcel contatns 18 58 acres DISTRICT 7- PRINCESS ANNE The followtng con&tton shall be requtred 1 An Agreement encompasstngproffers shall be recorded wtth the Clerk of Ctrcutt Court Vottng 10-1 Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Councd Members Voting Nay Reba S McClanan Counctl Members Absent None March 25, 2003 In Reply Refer To Our File No. DF-5693 DATE: March 12, 2003 TO: Leslie L. Lilley DEPT: City Attorney FROM: B. Kay Wilso~'~ DEPT: City Attorney Conditional Zoning Application Lake Gem LLC and Lakeside/Swinson Note, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 25, 2003. I have reviewed the subject proffer agreement, dated January 27, 2003, 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 Enclosure KAUF'tU~ & CANOLES 1200 OLD CCX.ONY LANE Wa..LU~USaU~, VA 23185 LAKE GEM IJ.C, a V'~a limited liability company LAKESIDE/SWINSON NOTE, L. LC., a V'aginia limited liability company TO (PROFFERED COVENANTS, RESTRIC'~ONS AND CONDrrIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of V'lr~'nia THIS AGRF. F. MENT, made this ~- 7 day of January, 2003, by and between LAKE GEM IJ.C, a Virginia limited liability company ("Applicanff) (index as "Grantor"); LAKF_~IDE/SWINSON NOTE, I.IE, a ~r~a limited liability company ("Owner") (index as "Grantor"); and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of V'n'ginia ("Grantee~). WITNESSETH' WHEI~FAS, Owner is the owner of a certain parcel of property located in the Princess Anne District of the City of V'nginia Beach, containing approximately x8.6 acres which is mom particularly described in Exhibit A attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WI~.REAS, the Applieant is the contract pumba.qer of the Property and has initiated an amendment to the Zoning Map of the City of Xr~a Beach, V'nginia, by petition addressed to the Grantee, so as to change the Zoning C!a~_~sification of the Property from B-2 to (i) conditional A-x8, as to that portion ("Parcel Ex~) of the Property identified as 'Parcel Ex" on Exhibit A attached, and (ii) conditional B-2, as to those portions ('Parcel E6" and Portion of GPIN # 24z4-35-7392 zofz2 'Parcel E7,' respectively) of the Property identified as 'Pared E6' and ~Parcel ET" on Exhibit A attached, and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zozing and other land development legislation; and WHERFAS, the Applicant and Owner acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not genera]ly applicable to land similarly zoned are needed to cope with the situation to which the Applicant's rezoning application gives rise; and WHEREAS, the Applicant has voluntarily proffered, with the consent of Owner, in writing, in advance of and prior to the public heaxing before the Grantee, as a part of the proposed amendment to the Zoning map, in addition to the regtflations provided for the A-x8 and B-2 Zoning Districts by the existing overall Zoning Ordinance, the fonowing reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Pro~, which has a reasonable relation to the re. zoning and the need for which is generated by the rezoning. NOW, THER.F_~ORE, the Applicant and Owner, for each of them, and their respective 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, 2of~ or its governing body and without any element of compulsion or quid pro quo for zoning` rezoning` site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Owner, its successors, personal representatives, assigns, grantee and other successors in interest or title: 1. The "RED MILL COMMONS APARTMENT COMMUNITY, LAKE GEM LLC/ELLIS-GIBSON DEVELOPMENT MASTER LAND PLAN", dated January 6, 2003 ("Concept Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning` shall be, when and as Parcel E1 is developed, substantially adhered to as to Parcel E1 so that there shall be coordinated design and development of Parcel E1 in terms of vehicular circulation, parking, buff~g, landscaping` tree planting` building location, building orientation, stormwater management facilities and recreational amenities. 2. Vehicular Ingress and Egress for Parcel E1 shall be limited to one (1) entrance with a median break from existing Upton Drive and one (1) entrance with a median break from existing Nimmo Parkway (East). There shall be no vehicular access to Parcel E1 from Elson Green Avenue. 3 of 12 3. On or before completion of the (i) development of, and (ii) construction and occupancy of all buildings on, Parcel El, a Club House with swimming pool to serve the residents of Parcel E1 shall be construe°md in the areas depicted on the Concept Plan. 4. At such time as a site plan is submitted to Grantee for the development of Parcel El, such site plan shall be accompanied by the submittal for Grantee's review of a site lighting plan for Parcel El. 5. For Parcel El, and on or before development of Parcel E1 is completed, a landscaped entrance feature shall be constructed with an illuminated monument style sign(s) as depicted and described on the "LANDSC. APE PLAi~ AT ENTRANCE - RED MILL COMMONS APARTMENT COMMUNrrrY", dated January 6, 2003, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 6. The architectural design of the residential buildings construe°md within Parcel E1 will be substantially as depic°md on the exhibit (the "Elevation Exhibit") entitled "RED MILL COMMONS APARTMENT COMMUNITY, LAKE GEM LLC / ELLIS- GIBSON DEVELOPMENT, CONCEPTUAL EI.FTgATION", dated January 6, 2003, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The predominant exterior building materials shall be synthetic cedar shake siding and brick. The colors used may vary from those on the Elevation Exhibit but all will be earth tones. The buildings constructed on Parcel E1 shall set back a minimum of thirty feet (30') from Upton Drive and Elson Green Avenue. 4 of 12 7. The architectural design of the commercial buildings constructed within Parcels E6 and E7, when constructed, shall be compatible with the design of buildings constructed, or the planned design of buildings that may be constructed pursuant to Section 6 above, on Parcel El. The predominant colors may vary but shall be earth tones. Accent colors of individual choice are permittnd. 8. The total number of living units permitted to be constnlct~ on Parcel E1 shall not exceed two hundred twenty-seven (227) and there shall be provided a minimum of four hundred fifteen (415) on-site parking spaces for Parcel El. 9. Further conditions may be required by the Grantee during detailed Site Han 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 Applicant, with Owner's consent, and allowed and accept~ 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 specific~y repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instnmaent, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or 5 of 12 a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was adverlised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Applicant and Owner covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing~ that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Applicant and/or Owner shall petition the goven~g body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office 6 of 12 of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Owner and the Grantee. W1TNESS the following signature and seal: GRANTOR: LAKE GEM LLC a Virginia limited liability company By: Lakeside Group LLC Its Co-Manager Its Manager GEM Sandbridge, L.L.C. Its Co-Manage, By:' COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ '~ ~'~ day of January, 2003, in the above jurisdiction, by Eri,c~ Anderson, Manager of Lakeside Group LLC, Virgima limited liability company. ,I-IeJ~s personally_~9o~n to me. Notary Public My commission expires: 7 of 12 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ '7 day of January, 2003, in the above jurisdiction, by John I~ Gibson, 1TI; Manager of GEM Sandbridge, LL.C., a Vir gini a limi ted liability c omp~n~to me. Notary Public My commission expires: ~.2.g'..Ou/ 8 of 12 WITNESS the following signature and seal: GRANTOR: LAKESIDE/SWINSON NOTE, LLC, a Virginia limited liability company Lakeside Construction Corporation, a Virginia corporation, Managing Member By: Eric C_ Anderson Its President COMMONWEALTH OF VIRGINIA CTFY OF VIRGINIA BEACH, to-wit: The foregoing instnnnent was acknowledged before me this,-~'~ day of January, 2003, by Eric C_ Anderson, President of Lakeside Construction Corporation, a Virginia corporation, Managing Member of Lakes~cte/Swinson Note, L.L.C., a Virginia limited liability company. He is personally know~h to me. -xA/'~- Notary Public commission exvires: 9 of 12 EXHIBIT A I RED MILL COMMONS Parcel E1 All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, and being a portion ('Parcel El') of that parcel of land designated as "PARCEL E' on a plat entitled "AMENDED SUBDIVISION AND RIGHT OF WAY DEDICATION PLAT AT NIMMO PARKWAY AND UPTON DRIVE,' daled March 15, 2002, said plat being recorded in the Clerk's Office ofthe Circuit Court ofthe C~ of Virginia Beach, Virginia in Map Book 304 at pages 73-74, said Parcel E1 being mom particularly described as follows: COMMENCING at the inLwse~on of the easterly right-of-way line of Upton Drive and the southerly right-of-way line of Nimmo Parkway, thence with the southerly right-of-way line of Nimmo Parkway the following two (2) courses: (1) N68°04'40'E, a distance of 49.50 feet; (2) thence S66°55'20'E, a distance of 241.77 feet to a point, said point marking the proposed northeast corner of Parcel E6, described hereinafter, and Parcel El, as described herein, said point being the true point and place of BEGINNING; thence continuing with the southerly fight-of-way line of Nimmo Parkway South S66°55'20'E, a distance of 57.96 feet to a point, said point marking the proposed northwest comer of Parcel E7, described hereina~r, thence departing said southerly right-of-way line of Nimmo Parkway and with the proposed lines between Proposed Parcel E7 and Proposed Parcel E1 the following four (4) courses: (1) S42°34'07'W, a distance of 12.01 feet;, (2) thence S24°34'04'W, a distance of 206.08 feet; (3) thence along a curve having a radius of 14.00 feet, arc length of 22.36 feet, delta angle of 91°29'24', a chord bearing of N21°10'38'W, and a chord length of 20.05 feet; (4) thence S66°55'20'E, a distance of 25027 feet to a point lying on the westerly line of an existing 100' drainage right-of-way (Deed Book 2555 page 1863); thence along the existing easterly line of Parcel E the following four (4) courses: (1) S23°04'41'W, a distance of 55.84 feet; (2) thence along a curve to the lee having a radius of 350.00 feet, arc length of 175.63 feet, delta angle of 28°45'03', a chord bearing of S08°42'08'W, and a chord length of 173.79 feet to a point; thence along a non-tangential curve to the left having a radius of 267.23 feet, arc length of 125.04 feet, della angle of 26°48'34', a chord bearing of S37°58'21 'W, and a chord length of 123.90 feet to a point of tangency; thence S24034'04"W, a distance of 1208.06 feet to a point lying on the northerly right-of-way line of Eison Green Avenue; thence with the norlflerly fight-of-way line of Elson Green Avenue the following four (4) courses: (1) N65~25'56"W, a distance of 153.61 feet; (2) thence N58°35'21'W, a distance of 100.71 feet; (3) thence N65°25'56'W, a distance of 64.01 feet; (4) thence along a curve to the fight having a radius of 20.00 feet, arc length of 30.84 feet, delta angle of 88~21'42', a chord beating of N21°15'05"W, and a chord length of 27.88 feet to a point of tangency on the westerly fight-of-way line of Upton Drive; thence along the westaly fight-of-way line of Upl~n Drive the following four (4) courses: (1) N22~55'46"E, a distance of 275.78 feet to a point of curvature; (2) thence along a curve to the lee having a radius of 2164.50 feet, arc length of 359.55 feet, delta angle of 931'03", a chord beating of N18°10'15'E, and a chord length of 359.13 feet to a point; (3) thence N18*59'37'E, a distance of 99.98 feet to a point of curvature; (4) thence along a non-tangential curve to the lett having a radius of 2176.50 feet, arc length of 163.45 feet, delta angle of 4°18'10", a chord beating of N08°38'25'E, and a chord length of 163.41 feet to a point of tangency; (5) thence N06~29'20'E, a distance of 34.48 feet; (6) thence N38~30'40"W, a distance of 16.97 feet;, (7) thence N0~'18"E, a distance of 154.30 feet to a point of curvature; (8) thence along a curve to the dght having a radius of 2035.50 feet, arc length of 438.87 feet, delta angle of 12'21'13', a chord beating of N12'39'56"E, and a chord length of 438.02 feet to a point; thence departing said fight-of-way line of Upton Dnve and with the proposed lines between 10 of 12 Parcel E6 and Parcel E1 the following four (4) courses: (1) S66°55'20'E, a distance of 254.77 feet to a point of curvature; (2) thence along a curve to the lett having a radius of 14.00 feet, arc length of 21.63 feet, delta angle of 88°30'36', a chord bearing of N68°49'22"E, and a chord length of 19.54 feet to a point of tangency; (3) thence N24°34'04'E, a distance of 208.13 feet to a point of curvature; (4) thence N06°34'01"E, a distance of 10.43 feet to the true point and place of BEGINNING; and containing 15.731 acres, more or less. Ii RED MILL COMMONS Parcel E7 All that certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being a portion ('Parcel E7') of that parcel of land designated as 'PARCEL E' on a plat entitled 'AMENDED SUBDIVISION AND RIGHT OF WAY DEDICATION PLAT AT NIMMO PARKWAY AND UPTON DP, NE,' dated March 15, 2002, said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 304 at pages 73-74, said Parcel E7 being located atthe northeast CaTer of Parcel E, and being more particularly described as follows: COMMENCING at the intersedion of the easterly right-of-way line of Upton Drive and the so~ right-of-way line of Nimmo Parkway, thence with the southerly right-of-way line of Nimmo Parkway the following two (2) courses: (1) N68°04'40'E, a c~stance of 49.50 feet; (2) thence S66°55'20'E, a distance of 299.73 feet to a point, said point marking the a proposed southeast comer of Parcel El, described hereinabove, and the proposed northwest comer of Parcel E7, as described herein, said point being the true point and place of BEGINNING; thence conlJnuing with the southerly right-of-way line of Nimmo Parkway South S66°55'20'E, a distance of 254.90 feet; thence departing said souffierly right-of-way line of Nimmo Parkway and along the westerly line of a 100' drainage right-of-way (Deed Book 2555 page 1863) S23°04'41"W, a distance of 231.70 feet; thence with the proposed between Parcel E7 (descri~ herein) and Parcel E1 (described hereinabove) the following four (4) courses: (1) N66°55'20'W, a distance of 250.27 feet to a point of curvature; (2) thence along a curve to the right having a radius of 14.00 feet, arc length of 22.36 feet, delta angle of 91°29'24', a chord bearing of N21°10'38'W, and a chord length of 20.05 feet; (3) thence N24°34'04'E, a distance of 206.08 feet; (4) thence N42'34'07'E a distance of 12.01 feet; to the true point of beginning; and containing 1.391 acres, more or less. III RED MILL COMMONS Parcel E6 All that certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being a porlJon ('Parcel E6') of the parcel of land designated as 'PARCEL E' on a plat enlJlJed 'AMENDED SUBDIVISION AND RIGHT OF WAY DEDICATION PLAT AT NIMMO PARKWAY AND UPTON DRIVE,' daled March 15, 2002, said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 304 at pages 73-74, said Parcel E6 being a northwest corner of Parcel E, and being mom particularly described as follows: 11 of 12 BEGINNING at the intersecEon of the easterly right-of-way line of Upton Drive and the southerly right-of-way line of Nimmo Parkway, said point being the true point and place of BEGINNING; thence with the southerly right-of-way line of Nimmo Parkway the following two (2) courses: (1) N6E'04'40"E, a distance of 49.50 feet; (2) thence S66°55'20'E, a cr~tance of 241.77 feet to a point; thence alon9 the proposed lines between Parcel E6 (described herein) and Para, el E1 (described hereinabove) the following four (4) courses: (1) S06¢34'01"VV, a distance of 10.43 feet; (2) thence S24°34'04"W, a distance of 208.13 feet; (3) thence along a curve to the dght havin9 a radius of 14.00 feet, arc length of 21.63 feet, delta angle of 88~30'36", a chord beadn9 of S68°49'22"W, and a chord length of 19.54 feet; (4) thence N66°55'20'W, a distance of 254.77 feet to a point on the easterly right-of-way line of Upton Drive; thence with the easterly right-of-way line of Upton Drive the following two (2) courses: (1) alon9 a non-tangen6al curve to the right havin9 a radius of 2035.50 feet, arc length of 150.47 feet, delta angle of 4°14'08', a chord bearing of N2(Y'57'36"E, and a chord length of 150.43 feet to a point of tangency; (2) thence N23%)4'40"E, a distance of 46.37 feet to the true point and place of BEGINNING; and containin9 1.452 acres, more or less. 12 of 12 Item V-L. IO. PLANNING ITEM # 509 71 NO ACTION NE CESSAR Y/ORDINANCE S TILL WITH PLANNING COMMISSION: Ordtnance to AMEND 3~ 901 of the Ctty Zontng Ordtnance (CZO) re allowtng Public or Private Colleges or Universities as permtttedprtnctpal uses tn the B-2, B-3, B-3A and B-4 Bustness Dtstrtcts This Or&nance was deferred at the March Planmng Commtsston meettng to be heard tn Aprtl March 25, 2003 Item V-M. 1. APPOINTMENTS ITEM # 50972 BY CONSENSUS, Ctty Counctl RESCHEDULED the followtng ,4PPOINTMENTS P,4RKS ,4ND RE CRE,4 TION COMMISSION VIR GINI,4 BE,4 CH COMMUNITY DEVELOPMENT.4 UTHORITY (VB CDC) March 25, 2003 Item V-O. NE W BUSINESS ITEM # 50973 BY CONSENSUS, the C~ty Clerk shall record ABSTRACT OF CIVIL CASES RESOLVED - February 2003 March 25, 2003 Item V-P. ADJOURNMENT ITEM # 509 74 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 8:36 P.M. Chtef Deputy Ctty Clerk Meyera E Oberndorf Mayor Cay of Vtrgtnta Beach Vtrgtnta March 25, 2003