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Home My WebLink AboutAPRIL 05, 2005 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYORMEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District} REBA S. McCLANAN. Rose Hall - District 3 RICHARD A. MADDOx. Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESliE L. ULLEY CiTY CLERK - RUTH HODGES SMITH. MMC CITY COUNCIL AGENDA 05 APRIL 2005 I. CITY MANAGER'S BRIEFINGS - Conference Room - 1. RESORT AREA MOBILITY PLAN (RAMP) a. TRAFFIC AND CIRCULATION Dean Block, Director, Department of Public Works CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE."(757) 427-4303 FAX (757) 426-5669 E- MAIL: Ctycncl@vbgov.com 1:00PM. b. BUS RAPID TRANSIT (BRT) Michael Townes, Executive Director - Hampton Roads Transit (HRT) 2. JOINT LAND USE STUDY (JLUS) POLICY COMMITTEE (Council Direction) II. COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION - Conference Room - 4:30PM A. B. c. CALL TO ORDER - Mayor Meyera E. Obemdorf ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00PM A. B. C. D. CALL TO ORDER - Mayor Meyera E. Obemdorf INVOCATION: Pastor Mark Rueter Foundry United Methodist PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS March 22, 2005 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY a. b. Giovanni's Restaurant - 2006 Atlantic Avenue Keifers Bar and Grill - 2218 Atlantic Avenue Rockfish Café - 1601 Atlantic Avenue c. 2. BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT Law enforcement and criminal processing ($173,406) I. PUBLIC COMMENT 1. CITYVIEW right-of-way alignment for Constitution Drive Extended J. CONSENT AGENDA K. 0 RDIN AN CES/RESO L UTI ON 1. Ordinances to RENEW existing franchises: a. GIOVANNI'S RESTAURANT, a sidewalk café, at 2006 Atlantic Avenue from May 1, 2005 to April 30, 2006 b. KEIFER'S BAR & GRILL, an open air café, at 2218 Atlantic Avenue fÌom May 1, 2005 to September 30, 2006 c. ROCKFISH BOARDWALK BAR and SEA GRILL, a connector park café, at 1601 Atlantic Avenue fÌom May 1, 2005 to April 30, 2010 2. Ordinances re the City Code: a. AMEND§ 34.9 and ADD§ 34-35 re closure of swimming pool gates b. AMEND and REORDAIN§ 21-321.2 re maximum speed limits in designated neighborhoods: Acredale Bayville Park Birdneck Point Church Point Croatan Hermitage Road Lake James Larkspur Milburn Manor Thoroughgood Baylake Pines/Baylake Beach Bellamy Manor Brighton on the Bay Country Haven Fairfield L & J Garden Lake Shores Little Neck Stratford Chase 3. Ordinance to AUTHORIZE the City Manager to execute an agreement between the City and the Virginia Housing Development Authority (VHDA) to participate in the SP ARC (Sponsoring Partnerships and Revitalizing Communities) home ownership program. 4. Ordinances to AUTHORIZE temporary encroachments into portions of City owned rights-of-way: a. Lake Joyce by P. DARRELL MCKOWN, JR. to construct and maintain a deck, treated wood access, rip rap and existing wood bulkhead at 4217 Battery Road. (DISTRICT 4 - BA YSIDE) L. M. N. O. b. Windsor Woods by WILLIAM S., SR. and BONNIE M. OSBORN to construct and maintain a pier, bulkhead and deck at 4025 W. Colonial Parkway. (DISTRICT 3-ROSE HALL) 5. Resolution REQUESTING that the Commonwealth Transportation Commissioner REFUSE applications of Adams Outdoor Advertising re permits to cut trees and other vegetation in the right-of-way of Virginia Beach Boulevard between Rosemont Road and Lynn Shores Drive and to schedule a Public Hearing for interested citizens to state their VIews. PLANNING 1. Application of WEDGE WOOD ASSOCIATES, L.L.C., for a Chanze ofZoninz District Classification fÌom A-12 Apartment District to Conditional A-24 Apartment District with a PD-H2 Planned Development Overlay District on Bonney Road, Dolton Drive and Alicia Drive DISTRICT 2 - KEMPSVILLE Deferred: March 22, 2005 Recommendation: APPROV AL APPOINTMENTS Community Policy and Management Team - CSA At Risk Community Services Board Francis Land House Board of Governors Health Services Advisory Board Human Rights Commission Investment Partnership Advisory Committee Minority Business Council Open Space Subcommittee Parks and Recreation Commission Performing Arts Theatre Advisory Committee Personnel Board The Planning Council Towing Advisory Board UNFINISHED BUSINESS NEW BUSINESS P. ADJOURNMENT ********************************** PUBLIC COMMENTS N on-Agenda Items ********************************** ** * * * * * * * * 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) *********** 2005-2006 RESOURCE MANAGEMENT PLAN SCHEDULE EVENT TOPIC LOCATION DATE Workshop Debt and Financial Capacity; Quality Council April]2,2005 Physical Environment Conference Room Workshop Safe Community and Quality Council April]4, 2005 Organization Conference Room Workshop Quality Education & Lifelong Learning; Council April]9, 2005 Constitutional Officers Conference Room Public Hearing Bayside High April 2], 2005 School 6:00 PM Workshop Economic Vitality, Cultural and Council April 26, 2005 Recreational Opportunities; Family and Conference Room Youth Opportunities Public Hearing Council Chamber April 26, 2005 6:00 P.M. Reconciliation Council May 3, 2005 Workshop Conference Room Adoption of FY City Council Vote on Resource Council Chamber May] 0, 2005 2005-2006 Management Plan 6: 00 P.M Resource Management Plan Agenda/3/3!/OS'€N www.vbeov.com 1. CITY MANAGER'S BRIEFINGS - Conference Room - 1. RESORT AREA MOBILITY PLAN (RAMP) a. TRAFFIC AND CIRCULATION Dean Block, Director, Department of Public Works b. BUS RAPID TRANSIT (BRT) Michael Townes, Executive Director - Hampton Roads Transit (HRT) 2. JOINT LAND USE STUDY (JLUS) POLICY COMMITTEE (Council Direction) II. COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS 1:00PM. v. INFORMAL SESSION A. B. C. CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSION - Conference Room - 4:30PM VI. FORMAL SESSION - Council Chamber - 6:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Pastor Mark Rueter Foundry United Methodist 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 22, 2005 G. AGENDA FOR FORMAL SESSION I 1Rtsnlutinu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Infonnation Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ,----- -- - H. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY a. b. Rockfish Café - 1601 Atlantic Avenue Keifers Bar and Grill - 2218 Atlantic Avenue Giovanni's Restaurant - 2006 Atlantic Avenue c. 2. BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT Law enforcement and criminal processing ($173,406) PUBLIC NOTICE LEASE OF CITY PROPERTY The Virginia. Beach City Council will hold a PUBLIC HEARING at 6:00 p.m. on Tuesday, April 5, 2005, in the City Council Chamber regarding the proposed café franchise leases of City-owned property to the enti- ties listed below: . Rock F:ish Cafe (1601 Atlantic Avenue), connector parkcafé; Keifers Bar and Grill (2218 Atlantic Avenue), Atla[1tic Avenue sidewalk café; and Giovanni's Restaurant (2006 Atlantic Avenue), Atlantic Avenue sidewalk café . The purpose of this Public Hearing will be to obtain public comment on these leases of"'é¡ty property.. Any. questions concerning these mat- ters should be directed to Mike Eason, Resort eoordinator, Conven- tion & Visitors Bureau, bY9alling (757) 437-4800. r¡:=/~ ~ Beacon March 27, 2005 Ruth Hodges Smith, MMC City Clerk 12941452 NOTICE OF .PüBUC HEARING Public Hearing re Départment of Justice Byrne Memorial Justice Assistance Grant: Allocation of $173,406 for various law enforcement/criminal proêessing projects On Tuesday, April 5, 2005, at 6:00 p.m. in the City Council Chamber. second floor, City Hall Building, Municipal Center, Virginia Beach, Vir- ginia, the Virginia Beach City Council will hold a Public Hearing on the Byrne Memorial Justice Assistance Grant: Allocation of $173,406 for the following purposes: - Project Description Depts. Amount Video arraignment/evidence display Sheriff/Courts $90.056 Alzheimer patient locator Police $12,000 Flashlights Police $26,458 Contracted Manpower/basic materials General Dist. Court¡ Community Corrections $44,892 TOTAL $173,406 A 'Public Hearing is required as part of the application process. Indi- viduals desiring to provide written comments may do so by contacting the City Clerk's office at 427-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 427-4303. Hearing impaired, call Virginia Relay at 1-800-828-1120. Beacon March 27, 2005 12940824 a~~~ 1. PUBLIC COMMENT 1. CITYVIEW right-of-way alignment for Constitution Drive Extended 1. CONSENT AGENDA K. ORDINAN CES/RESO L UTI ON 1. 2. 3. 4. b. Ordinances to RENEW existing fÌanchises: a. GIOVANNI'S RESTAURANT, a sidewalk café, at 2006 Atlantic Avenue fÌom May 1, 2005 to April 30, 2006 b. KEIFER'S BAR & GRILL, an open air café, at 2218 Atlantic Avenue fÌom May 1, 2005 to September 30, 2006 c. ROCKFISH BOARDWALK BAR and SEA GRILL, a connector park café, at 1601 Atlantic Avenue fÌom May 1,2005 to April 30, 2010 Ordinances re the City Code: a. AMEND§ 34.9 and ADD§ 34-35 re closure of swimming pool gates b. AMEND and REORDAIN§ 21-321.2 re maximum speed limits in designated neighborhoods: Acredale Bayville Park Birdneck Point Church Point Croatan Hermitage Road Lake James Larkspur Milburn Manor Thoroughgood Baylake Pines/Baylake Beach Bellamy Manor Brighton on the Bay Country Haven Fairfield L & J Garden Lake Shores Little Neck Stratford Chase Ordinance to AUTHORIZE the City Manager to execute an agreement between the City and the Virginia Housing Development Authority (VHDA) to participate in the SP ARC (Sponsoring Partnerships and Revitalizing Communities) home ownership program. Ordinances to AUTHORIZE temporary encroachments into portions of City owned rights-of-way: a. Lake Joyce by P. DARRELL MCKOWN, JR. to construct and maintain a deck, treated wood access, rip rap and existing wood bulkhead at 4217 Battery Road. (DISTRICT 4 - BA YSIDE) Windsor Woods by WILLIAM S., SR. and BONNIE M. OSBORN to construct and maintain a pier, bulkhead and deck at 4025 W. Colonial Parkway. (DISTRICT 3-ROSE HALL) 5. Resolution REQUESTING that the Commonwealth Transportation Commissioner R,EFUSE applications of Adams Outdoor Advertising re permits to cut trees and other vegetation in the right-of-way of Virginia Beach Boulevard between Rosemont Road and Lynn Shores Drive and to schedule a Public Hearing for interested citizens to state their VIews. r '" "- ~~ r..~~"fr~ !o"¡.~'"":jl'-. .'.~":t' (I':: . h'> }~:- :~~ 'ú\- l¡.. %.'..:::;:¿~9 ~;;;.. CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: Two Ordinances Granting a Franchise to Giovanni's Restaurant and Keifers Bar and Grill for the Operation of Two Sidewalk Cafés in the Resort Area MEETING DATE: AprilS, 2005 . Background: Since its initial development and implementation, the Sidewalk Café Pilot Program has been very successful, and a number of cafés have been established in the Resort Area. The City's policy and practice has been to grant an initial franchise for a term of one (1) year. If the sidewalk café is operated successfully during the initial one-year term, then the City renews the franchise for a five (5) year term. . Considerations: Experimental franchises were granted to Giovanni's Restaurant (2006 Atlantic Avenue) and Kieifers Bar and Grill (2218 Atlantic Avenue) for the operation of Atlantic Avenue sidewalk cafés from May 1,2004 to September 30, 2004. The current ordinances grant a one-year franchise that runs from May 1, 2005 to April 30, 2006. If the City Council approves the attached Ordinances, the grant of the franchises remains contingent upon the Grantees' execution of the Franchise Agreement, and compliance with the terms and conditions thereof. . Public Information: Notice was published in the Beacon on March 27, 2005 in accordance with State Code public notification requirements. . Recommendations: Approval of the Ordinances. . Attachments: Two Ordinances Recommended Action: Approval Submitting Department/Agency: Convention & Visitors Bureau City Manager~) l ,'63 ~ 1 2 3 4 5 6 7 AN ORDINANCE TO GRANT A FRANCHISE TO GIOVANNI'S RESTAURANT FOR THE OPERATION OF A SIDEWALK CAFÉ IN THE RESORT AREA the City and incorporated into has adopted, WHEREAS, a 8 franchise agreement, regulations for the operation of sidewalk 9 cafés on public property in the Resort Area; 10 WHEREAS, Giovanni's Restaurant (2006 Atlantic Avenue) has 11 submitted an application for the operation of a sidewalk café 12 and has paid the required application fee; 13 WHEREAS, representations comply made in the application 14 with the aforementioned regulations; and 15 WHEREAS, the Virginia Beach Convention and Visitors Bureau 16 and the Resort Advisory Commission have reviewed the application 17 and determined that the proposed café will have no detrimental 18 effect on the public health, safety, welfare, or interest, and 19 will enhance the festive atmosphere in the Resort Area; 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 That a franchise is hereby granted to Giovanni's 1. 23 Restaurant to operate an Atlantic Avenue sidewalk café at 2006 24 Atlantic Avenue from May 1, 2005, to April 30, 2006, conditioned 25 by Agreement and the execution of the Franchise Grantee's 26 compliance with all of the terms and conditions thereof. 26 2. That the Ci ty Manager, or his duly authorized 27 designee, 1S hereby authorized to enter into a one (1) year 28 franchise agreement with Grantee. 29 Adopted by the Council of the City of Virginia Beach, 30 Virginia, on the day of , 2005. CA-9579 GG/ordres/Giovanni's.doc R-1 March 24, 2005 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Z/~ ~ !Jj~ !JI #~ City Attorney's Office Convention & Visitors Bureau 2 1 2 3 4 5 6 7 AN ORDINANCE GRANTING A FRANCHISE TO KEIFERS BAR AND GRILL FOR THE OPERATION OF A SIDEWALK CAFÉ IN THE RESORT AREA WHEREAS, the and incorporated a into City has adopted, 8 franchise agreement, regulations for the operation of sidewalk 9 cafés on public property in the Resort Area; 10 WHEREAS, Keifers Bar and Grill (2006 Atlantic Avenue), has 11 submitted an application for the operation of a sidewalk café 12 and has paid the required application fee; 13 14 with 15 16 and WHEREAS, representations the application comply made in the aforementioned regulations; and WHEREAS, the Virginia Beach Convention & Visitors Bureau the Advisory reviewed the Commission have Resort 17 applications and determined that the proposed café will have no effect safety, or welfare, 18 detrimental on the public health, 19 interest, and will enhance the festive atmosphere in the Resort 20 Area. 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 1. That a franchise is hereby granted to Keifers Bar 24 and Grill, to operate an Atlantic Avenue sidewalk café at 2218 25 Atlantic Avenue from May 1, 2005, to April 30, 2006, conditioned 25 by the execution Grantee's of Franchise and the Agreement 26 compliance with all of the terms and conditions thereof. 27 2. That the City Manager, his authorized or duly 28 designee, is hereby authorized to enter into agreements for the 29 franchises granted by this ordinance. 30 Adopted by Council the 31 Virginia, on the day of CA-9578 GG/ordres/keiferscafe.doc R-1 March 23, 2005 APPROVED AS TO CONTENT: ~~- ~ Convention & Visitors Bureau of the City Virginia Beach, of , 2005. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 2 ~ r->~~."'. "..,7tt- r".,r,'-l"'?b <.,,~ . -.'~'C1' f&f ~~~ '.-- . -O> \,~~- ill t:.",.-~j"'j .....'~.~.. ~~~.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Renew the Existing Franchise of Rockfish Boardwalk Bar and Sea Grill for the Operation of an Open Air Café in the Resort Area MEETING DATE: April 5, 2005 . Background: Since its initial development and implementation, the Open Air Café Program has been very successful, and a number of cafes have been established in the Resort Area. The City's policy and practice has been to grant the initial franchise for a term of one (1) year. If the open air café is operated successfully during the initial one-year term, then the City renews the franchise for a five (5) year term. . Considerations: If the City Council approves the attached Ordinance, the grant of the franchise remains contingent upon the Grantee's execution of the Open Air Café Franchise Agreement, and compliance with the terms and conditions thereof. . Public Information: Notice of renewal was published in the Beacon in accordance with State Code public notification requirements. . Recommendations: Approval of the Ordinance. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Convention & Visitors Bureau City Manager~\ k. . ÖB~ 1 2 3 4 5 6 7 AN ORDINANCE TO RENEW THE EXISTING FRANCHISE OF ROCKFISH BOARDWALK BAR AND SEA GRILL FOR THE OPERATION OF AN OPEN AIR CAFE IN THE RESORT AREA Rockfish Boardwalk Bar and Sea Grill WHEREAS, (1601 8 Atlantic Avenue) a connector park café, (hereinafter "Grantee") 9 wishes renew the existing Franchise to Agreement for the 10 operation of an open air café at the oceanfront: 11 12 WHEREAS, the City has developed a franchise agreement the regulation for of air cafés that the above-listed open 13 14 Grantee will be required to execute as a condition of franchise renewal; and 15 WHEREAS, based upon Grantee's successful operation of 16 an open air café pursuant to a franchise during the past year, 17 the Virginia Beach Convention and Visitors Bureau recommends a 18 five-year renewal of the franchise of the foregoing Grantee. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 20 CITY OF VIRGINIA BEACH, VIRGINIA: 21 That a franchise is hereby granted to Rockfish 1. 22 Boardwalk Bar and Sea Grill to operate an open air café at 1601 23 Atlantic Avenue from May 1, 2005, to April 30, 2010, conditioned 24 on Grantee's execution of the Franchise Agreement and compliance 25 with all of the terms and conditions thereof. 26 That duly authorized the 2. Ci ty Manager, or his 27 designee, year is hereby authorized to enter into a five (5) 28 franchise agreement with Grantee. 27 Adopted by the Council of the City of Virginia Beach, 28 Virginia, on the day of CA-9554 GG/ordres/Rockfishord.doc R-1 March 17, 2005 APPROVED AS TO CONTENT: V/?r E--. Convention & Visitors Bureau , 2005. APPROVED AS TO LEGAL SUFFICIENCY: 2 r ~ai;~;1.., r.."I"'-'~/:-' r""'.~1~."f..~ " ft!. -h', ~~:- . :~; \.':.-- b.. J.!:."..._.~./' /.. ~,~- ~'j' ~......... '" \... CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance to Amend Section 34-9 and Add Section 34-35 of the City Code, Pertaining to the Closure of Swimming Pool Gates MEETING DATE: April 5, 2005 . Background: The Uniform Statewide Building Code currently requires outdoor swimming pools to be completely enclosed by a fence, but does not address the issue of gates being left open. This creates a potential safety hazard. Council member Reeve asked that this ordinance be brought forward to address the need. . Considerations: Virginia Code Section 15.2-921 allows the City Council to enact a City Code Section that specifically addresses the problem of leaving swimming pool gates open when the pool is not in use. The ordinance makes the penalty up to a $300 fine and 30 days in jail, or both. The ordinance cannot take effect for 90 days from its adoption. . Public Information: This ordinance will be advertised in the same manner other Council agenda items are advertised. . Alternatives: Adopt the ordinance or to allow the status quo to remain. . Recommendations: Adoption of the ordinance. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Council member Reeve City Manage~5 Y-" ~"'"L 1 2 3 4 5 6 7 8 9 REQUESTED BY COUNCILMEMBER JIM REEVE AN ORDINANCE TO AMEND SECTION 34-9 AND ADD SECTION 34-35 OF THE CITY CODE, PERTAINING TO THE CLOSURE OF SWIMMING POOL GATES SECTION AMENDED: SECTION ADDED: Section 34-9 Section 34-35 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 That Section 34-9 of the City Code is hereby amended and 14 reordained and Section is hereby added, read 34-35 to as 15 follows: 16 ARTICLE I. IN GENERAL 17 . . . . 18 34-9. Violations Sec. of provisions governing prosecutions, 19 notice, etc. 20 The provisions of the Virginia Uniform Statewide Building 21 Code shall govern the prosecution of violations relating to the 22 design and construction of swimming pools and installation of 23 related equipment. A violation of any other provision of this 24 chapter shall constitute Class misdemeanor-;-: 3 provided, a 25 however, that violations of Section 34-35 shall be punishable by 26 fine of than three hundred dollars ($300.00) not a more or 27 confinement in jail for not more than thirty (30) days, either 1 28 or both, and each day I s violation shall be deemed a separate 29 offense. 30 31 Sec. 34-35. Closure of swimming pool gates. 32 It shall be unlawful for any person to allow any gate in a 33 fence surrounding an outdoor swimming pool to remain unfastened 34 while the pool is not in use. 35 36 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 That this ordinance ninety (90) shall take effect days 39 after the date of adoption. 40 41 42 43 44 45 46 47 48 49 COMMENT The Uniform Statewide Building Code already requires specific conditions for a fence and self-latching gates for all outdoor swimming pools. However, there is no specific requirement that the gates in the fence be kept closed while the pool is not in use. The only requirement of this ordinance is that any gates in the fence surrounding an outdoor swimming pool be kept fastened when the pool is not in use. Failure to obey this ordinance is punishable by a fine up to $300.00 and 30 days in jail. The ordinance cannot take effect until 90 days after its adoption. 50 Adopted by the City Council of the City of Virginia Beach, 51 Virginia, on this ---- day of , 2005. OID/orders/proposed/poolgate.doc R4 March 24, 2005 2 APPROVED AS TO LEGAL SUFFICIENCY: ~. 11L.I1~j Ci Attorney 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Amendment to City Code Section 21-321.2 Pertaining to Maximum Speed Limits in Designated Neighborhoods MEETING DATE: April 5, 2005 . Background: On February 13, 2001, an ordinance was passed to deter speeding on residential streets identified and qualified by the Traffic Calming Program. That ordinance allows a court to impose a fine up to $200 upon a driver convicted of speeding on these designated streets. . Considerations: The Traffic Calming Program has four phases. Phase I consists of awareness and education, and generally takes place during discussions between Traffic Engineering and the neighborhood representative. In this phase, the neighborhood residents identify the streets they want evaluated for inclusion in the program. Phase II involves speed studies of the identified streets. If the studies show an 85-Percentile speed of at least 33 mph or, an average speed of at least 29 mph in a posted 25 mph speed zone, then the Police Department will conduct a series of selective enforcement initiatives, followed by traffic studies at the end of each enforcement cycle. Should speeding persist or increase, the streets will be eligible to enter Phase III of the program if at least 75% of the neighborhood residents in the identified area sign a petition requesting the implementation of Phase III. Phase III of the program involves posting the designated streets with signs warning drivers that speeding on this street could result in a fine up to $200. Finally, should Phase III fail to alleviate the speeding problem, the neighborhood may request implementation of Phase IV, which is the installation of physical devices to prevent speeding. After advising these neighborhoods of the program policies and the criteria for inclusion in the Program, the streets added by this amendment have qualified for Phase III of the Traffic Calming Program. Thoroughgood submitted a petition showing at least 75% agreement from the established petition area. . Public Information: This ordinance will be advertised in the same manner other Council agenda items are advertised. . Recommendations: Adoption of Ordinance . Attachments: Ordinance and Map Recommended Action: Adoption ~ Submitting Department/Agency: Public Works/Engineer' City Manager: \L , ÒS ~ ~ H:\Policy and Admin! ation\G G\Ordinances & Resolutions Prepared for Council\21-321.2.arf.rev.doc 1 2 3 4 AN ORDINANCE TO AMEND AND REORDAIN THE CITY CODE PERTAINING TO MAXIMUM SPEED LIMITS IN DESIGNATED NEIGHBORHOODS 5 SECTION AMENDED: § 21-31.2 6 That the Code of the City of Virginia Beach, Virginia, lS 7 herby amended and reordained to read as follows: 8 9 Sec.21-321.2 Traffic calming via maximum speed limits in certain residential districts; penalty. 10 Pursuant to section 46.2-878.2 of the Code of Virginia, any 11 person who operates a motor vehicle in excess of the maximum speed 12 limit established for any portion of the following highways located 13 wi thin the designated neighborhoods, on or after the effective 14 date, shall be guilty of a traffic infraction punishable by a 15 prepayable fine of two hundred dollars ($200.00), in addition to 16 other penalties provided by law. No portion of the fine shall be 17 suspended unless the court orders twenty (20) hours of community 18 service. 19 Effective as of February 12, 2001: 20 (1 ) Norwich Avenue; Fairlawn L & J Garden: Taj 0 Avenue; 21 Avenue; Dulcie Avenue. 22 . (2) Acredale: Andover Road; Langston Road; Bonneydale Road; 23 Olive Road, Alton Road; Old Kempsville Road. 24 (3) Lake Shores: Jack Frost Road; Lake Shores Road. 25 (4 ) Little Neck: Harris Road. 1 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Effective as of August 14, 2001: (1 ) . (2) . (3) (4 ) Lake Shores: Oak Leaf LaDe, Tern Road; Lake Road S ; Reg ina Lane; Meredi th Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; Smith Farm Road. Brighton on the Bay: TempletoD Lane; Wivenhoe Way; Starr Way. Baylake Pines/Baylake Beach: Ben GuDn Road; Indian Hill Road; Baylake Road; Bayville Road; Rampart Avenue; Lookout Road; Sandy Bay Drive. Country Haven: Stewart Drive. Effective as of April 9, 2002: (1 ) (2) Fairfield: Lord Dunmore Drive. Bellamy Manor: Homestead Drive. Effective as of May 28, 2002: (1) Church Point: Church Point Road; Church Point Place; Timber Ridge Drive. Effective as of October 8, 2002: (l) Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery Drive. (2) Bayville Park: Greenwell Road (From Shore Drive to First Court Road). Effective as of November 12, 2002: (1) Milburn Manor: Davis Street. 2 50 (2 ) Lake James: Lake James Drive. 51 (3) Larkspur: Edwin Drive from Princess Anne Road to 52 Independence Blvd. 53 Effective as of April 6, 2004: 54 ( 1) Croatan: Croat an Road. 55 (2) Birdneck Point: Cardinal Road. Effective as of April 5, 2005: 56 57 (1) Thoroughgood: Thoroughgood Drive. (2) Hermitage Road. COMMENT 58 59 60 61 This amendment adds Thoroughgood Drive and Hermitage Road to the list of roads currently under the authority of the Traffic Calming Program, Phase ill. 62 Adopted by the City Council of the City of Virginia Beach, 63 Virginia, on this day of April, 2005. APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFIENEICY: ~ ~ c--, City torn's ffice ~ '7""-"1 J - C u. .'1"""'" Po lce Department CA9577 Ordres/proposed/21-321.2 ord 2005 March 18, 2005 R-3 3 ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- NEIGHBORHOODS PARTICIPATING IN PHASE III OF THE TRAFFIC CALMING PROGRAM/ ORDINANCE 2619 LITTLE NECK HARRIS RD. . lAKE SHORES BAYLAKE PINES/ BAYlAKE BEACH CHURCH POINT BAYVILLE PARK CITY OF VIRGINIA BEACH FEBRUARY 2005 PREPARED BY PUBliC WORKS ENGINEERING CADD BUREAU ~ ~ -I ñ 0 n ~ lAKE JAMES FAIRFIELD COUNTRY HAVEN ACREDALE I I I I I I I I 1_- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - __I * NEW NEIGHBORHOODS PROPOSED WITH THIS AGENDA JWROE~raffic calming.DGN M..S. PREPARED BY pm ENG. CADD DEPT. Rev. Q22¡()5 '{.;. ~..*.'~~.¡.~.¡.'.' ~~JíJj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Authorize the City Manager to Enter into an agreement with the Virginia Housing Development Authority to Participate in the SPARC Home Ownership Program MEETING DATE: April 5, 2005 . Background: The promotion of an increased rate of home ownership, as well as home ownership opportunities for residents from low and moderate-income households and workforce housing is a goal of the City's Department of Housing and Neighborhood Preservation. Currently, the Department operates programs to promote home ownership both on its own and in partnership with other organizations. The Virginia Housing Development Authority (VHDA) is the State Housing Finance Agency with the mission of providing funds for affordable housing. The VHDA has made available on a competitive basis low interest mortgage financing for first time home ownership opportunities under a program known as SPARC (Sponsoring Partnerships and Revitalizing Communities). This financing source will afford 20 to 25 Virginia Beach households, and Virginia Beach municipal employees the opportunity to make home ownership in Virginia Beach a reality. . The City Council approved prior agreements with VHDA for SPARC in January 2002 and 2004. These agreements resulted in approximately 25 low and moderate-income households receiving SPARC funds to become first time homeowners. The SPARC IV funds will provide similar first time home ownership opportunities by providing below market rate mortgage financing. . Considerations: Under the SPARC Home Ownership Program, the City's Department of Housing and Neighborhood Preservation will be authorized to facilitate the application of individuals for mortgage loans that will be made by VHDA to the individuals, if approved. The City will not receive or disburse VHDA's funds. The City's role will be limited to identifying potentially qualified applicants, committing department resources currently available as appropriate to the applicant's situation, and referring applicants for consideration for a VHDA loan. The City will not be involved in the approval or denial of applications for a VHDA loan. The attached ordinance authorizes the City Manager to execute an agreement with VHDA to participate in SPARC Home Ownership Program. The ordinance does not appropriate any funds, since no funds will flow to the City. . Public Information: All public information will be handled through the normal agenda process. . Alternatives: Without approval of this ordinance, the City will not be able to participate in the program with VHDA. . Recommendations: Approval of the Ordinance is recommended . Attachments: Ordinance Agreement Recommended Action: Approval AQ Submitting Department/Agency: Department of Housing and Neighborhood Preservatio~ City Manage~ ~. Cr3~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY TO PARTICIPATE IN THE SP ARC HOME OWNERSHIP PROGRAM. 15 WHEREAS, the City of Virginia Beach, through its Department of Housing and 16 Neighborhood Preservation, currently operates several programs to promote home ownership for 17 low and moderate-income persons; 18 WHEREAS, the City desires to continue promoting its goal of home ownership 19 for its citizens with low and moderate incomes and for its municipal workforce to provide an 20 opportunity to live where they work; 21 WHEREAS, the Virginia Housing Development Authority ("VHDA") has 22 reserved funds which can be made available to qualified Virginia Beach low and moderate 23 income citizens and municipal workers through the City's participation in the VHDA's 24 Sponsoring Partnerships and Revitalizing Communities ("SP ARC") Home Ownership Program; 25 WHEREAS, the City's participation in the SP ARC Home Ownership Program 26 requires the execution of an agreement with the VHDA; and 27 WHEREAS, the City's Department of Housing and Neighborhood Preservation 28 has determined that the City's participation in the SPARC Home Ownership Program will 29 provide an additional and much needed financing source for affordable home ownership 30 opportunities for its citizens and municipal workers. 1 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 32 33 That the City Manager is hereby authorized to execute an agreement between the 34 City and the Virginia Housing Development Authority ("VHDA") to participate in the operation 35 of the VHDA's Sponsoring Partnerships and Revitalizing Communities ("SPARC") Home 36 Ownership Program in substantially the same form as attached hereto and with such additional 37 terms and conditions as may be acceptable to the City Manager and the City Attorney, 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 39 day of ,2005. 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 CA-9480 Date February 21,2005 H:\OIDlREAL ESTATEIHNPADMIN\SPARClSPARc.ORD.doc APPROVED AS TO CONTENT: Ohll4~k~U &--~/-r/1ßP(~ -Department of Housing & Neighborhood Preservation APPROVED AS TO LEGAL SUF ICIENCY: 2 l VIRGINIA HOUSING DEVELOPMENT AUTHORITY SP ARC PROGRAM - Round 4 HOMEOWNERSIllP PROJECT PERMANENT MORTGAGE FINANCING COMMITMENT AGREEMENT THIS AGREEMENT, dated as of this 28th day of January, 2005, is made by and between the VIRIGNIA HOUSING DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (hereinafter referred to as the "Authority") and City of Virginia Beach (hereinafter referred to as the "Sponsor"). WITNESSETH: WHEREAS, the Sponsor has applied to the Authority for mortgage loan financing for purchasers of single family dwelling homes (the "Homes") on the property described in the Sponsor's application (the "Application"), which is incorporated herein by reference; and below: WHEREAS, the Authority desires to provide such financing subject to the terms and conditions set forth 1. Reservation of Funds: Underwriting of Mortgage Loans. Subject to the terms and conditions herein, the Authority hereby agrees to reserve funds in the amount of Four Million Dollars ($4,000,000) to be used to provide mortgage loans under the Authority's SPARC Program. The Sponsor hereby accepts such reservation. The mortgage loans to be financed with the Reserved Funds shall be originated by the Authority's Originating Agents (the "Originating Agents") in accordance with the Authority's Rules and Regulations for Single Family Mortgage Loans to Persons and Families of Low and Moderate Income (the "Rules and Regulations"). In order to be approved for financing under this Agreement, each application for a mortgage loan must satisfy and comply with all of the criteria and requirements in the Rules and Regulations and in this Agreement. 2. Reservation Period. Subject to the provisions hereof, the Reserved Funds will be reserved for the Sponsor until December 31, 2005; provided that if any portion of the Reserved Funds are not committed for mortgage loans by December 31, 2005, such portion of the reserved Funds shall no longer be reserved for the Sponsor, except as the Authority may otherwise notify the Sponsor in writing, 3. Rate ofInterest and Term of Mortgage Loans. The interest rate(s) on the mortgage loans to be made from the Reserved Funds will be determined by the Authority at the time funds are reserved for each individual borrower and shall be as follows: $2,000,000 at one half percent (.50%) below the applicable rate for the Authority's tax-exempt bond program. $2,000,000 at one percent (1.0%) below the applicable rate for the Authority's tax-exempt bond program. The term of such mortgage loans shall be thirty (30) years, 4. Location and Completion of Homes. The Homes financed from Reserved Funds shall be of the type and number and shall be located as described in the Application, In the case of Homes to be constructed or rehabilitated by the Sponsor, such Homes shall be constructed or rehabilitated in accordance with this Agreement, the plans and specifications (or, in the case of rehabilitation, such other descriptions of work to be performed on the Homes as shall be acceptable to the Authority), and the minimum property standards of the U.S. Department of Housing and Urban Development. The sales prices (as determined in accordance with the Authority's Rules and Regulations) of the Homes shall not exceed the applicable maximum amounts allowed by the Authority for its tax-exempt bond program. 5. Elig:ibility of Purchasers. All purchasers must meet all the Authority's eligibility and underwriting requirements for its tax-exempt bond program. Notwithstanding anything to the contrary in the Rules and Regulations, all purchasers of Homes financed from Reserved Funds (a) shall not have had a present ownership interest (as defined in the Authority's Rules and Regulations) in his principal residence at any time during the three years preceding the date of execution of the mortgage loan documents and (b) shall have annual gross incomes not in excess of the applicable maximum amount allowed by the Authority for its tax- exempt bond program. Notwithstanding the foregoing, in the event Sponsor has elected in the Application to target persons or households with annual gross income below such limits, Sponsor shall comply with such election. 6. Reduction of Amount of Reserved Funds. Upon thirty (30) days prior written notice to the Sponsor, the Authority may at any time, and from time to time, reduce the amount(s) of the Reserved Funds in the event that the Authority determines that it is (i) unlikely that mortgage loans will be committed by December 31, 2004, (ii) or that the Sponsor has failed to comply with the terms of this Agreement. Upon request of the Authority, the Sponsor shall provide such information and records as the Authority may require in order to determine the status of Sponsor's prior and anticipated use of the Reserved Funds. 7. Announcements and Publicity. The Sponsor shall coordinate in advance with the Authority all announcements and other publicity relating to the Homes or the financing pursuant hereto. 8. Authorized Officer(s). The following person(s) islare authorized, on behalf of the Sponsor, to engage in all transactions and dealings with the Authority under this Agreement: Sharon Prescott. The Authority reserves the right to designate from time to time one or more contacts at the Authority and, if so designated, Sponsor shall direct all communication with the Authority to such contact(s). 9, Designation of Originating Agents, Within 30 days of the date hereof, the Sponsor shall designate one or more Originating Agents who will, and have agreed to, originate the mortgage loans funded pursuant to this Agreement. In the event of failure by the Sponsor to so designate any Originating Agents, the Authority may exercise its rights under Section 6 hereof. During the course of the performance of this Agreement, Sponsor shall immediately notify the Authority of any additions or deletions from the designated list of Originating Agents. In the event that, at any time during the term of this Agreement, no Originating Agent shall be so designated or any and all Originating Agent or Agents so designated shall not be willing to continue to originate mortgage loans hereunder, the Authority may exercise its rights under Section 6 hereof. 10. Confidential Information, The Sponsor shall not, without the prior written approval of the Authority, require any mortgage loan applicant to execute any waiver or consent for the release to the Sponsor of any of such applicant's personal information or any other information or records relating to applicant or the loan application or to execute any other document authorizing the Sponsor to act on behalf of such applicant in connection with the loan application. Sponsor shall at all times respect the privacy of the mortgage loan applicants and shall not improperly interfere in the loan application process. 11. Conflict of Interest Provisions, No board member, officer or employee of Sponsor (or immediate family member of such individual) shall be eligible to receive an allocation of the reserved funds without the prior written approval of the Authority. 12. Miscellaneous. This Agreement constitutes the entire and final agreement between the parties with respect to the Reserved Funds and supersedes all prior negotiations. This Agreement may be amended only in writing signed by both parties. This Agreement shall be constructed in accordance with the laws of the Commonwealth of Virginia. All provisions contained herein are severable and should any provision be held invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. 13. Acceptance of Agreement. This Agreement shall not be effective unless an executed original signed by an authorized officer of Sponsor is returned to the Authority within 30 days from the date hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, by their duly authorized representatives, as of the day and year first above written. (Sponsor) By: Its: Date: VIRGINIA HOUSING DEVELOPMENT AUTHORITY BY:~~ ~ Donald L. Ritenour Managing Director of Developmen CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachments requested into City property located in Lake Joyce at the rear of 4217 Battery Road, property of P. Darrell McKown, Jr. MEETING DATE: April 5, 2005 . Background: Mr. McKown requested permission to construct and/or maintain temporary encroachments for a proposed treated wood access, deck and rip rap and existing wood bulkhead into a portion of the City property known as Lake Joyce at the rear of 4217 Battery Road. . Considerations: City Staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the agreement. . Public Information: Advertisement of City Council Agenda. . Alternatives: Approve the encroachments as requested, deny the encroachments, or add conditions as desired by Council. . Recommendations: Approve the request subject to the terms and conditions of the agreement. . Attachments: Ordinance, Location Map, Agreement, Plat and Pictures Recommended Action: Approve Submitting Department/Agency: Public workq'- City Manage~ l ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE CITY PROPERTY LOCATED KNOWN AS LAKE JOYCE LOCTED AT THE REAR OF 4217 BATTERY ROAD BY P. DARRELL MCKOWN, JR., HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, P. Darrell McKown, Jr. desires to construct and/or maintain a dock, 14 treated wood access, rip rap and existing wood bulkhead within the City's property 15 located at the rear of 4217 Battery Road. 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 - . City's property subject to such terms and conditions as Council may prescribe. 19 NOW, THEREFORE BE IT-ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 20 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, P. Darrell McKown, Jr., his 23 heirs, assigns and successors in title are authorized to construct and/or maintain 24 temporary encroachments for a dock, treated wood access and rip rap and existing 25 wood bulkhead on the City's property as shown on the map entitled: "Exhibit A, 26 Proposed RevetmentlWharf LAKE JOYCE Location: 4217 Battery Road Virginia Beach, 27 VA 23455 Applicant: Darrell McKown Date: August 12, 2004," a copy of which is on file 28 in the Department of Public Works and to which reference is made for a more particular 29 description; and 30 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 31 subject to those terms, conditions and criteria contained in the Agreement between the 32 City of Virginia Beach and P. Darrell McKown, Jr. (the "Agreement"), which is attached 33 hereto and incorporated by reference; and 34 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 35 is hereby authorized to execute the Agreement; and 36 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 37 time as P. Darrell McKown, Jr. and the City Manager or his authorized designee 38 execute the Agreement. 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 40 day of ,2005. 41 42 43 44 ¡;VED AS TO CONTENTS €.S ~. èIwJJs, fIv-.. NATURE P w RfRI £siã11 DEPARTMENT 45 46 47 48 49 50 51 52 53 54 55 APPROVED AS TO LEGAL SUFFIC NCY AND FORM CA-9516 PREPARED: 3/4/05 F:\Data\ATY\Ordin\NONCODE\PW ORDIN\CA9516 McKown.doc PREPARED BY PM' ENG. CADD DEPT. PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-81 I (e) (3) TIllS AGREEMENT, made this /fj"day of ,~, 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and P. Darrell McKown. Jr., HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 7" as shown on that plat entitled, "SUBDIVISION NO 2 OF BA Y LAKE PINES PRINCESS ANNE CO, V A. AND RE-SUBDIVISION OF PARCEL "C" OF SUBDIVISION OF No.I-BAYLAKE PINES," Scale 1"=100' dated December 1954, and being further designated and described as 4217 Battery Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and/or maintain a treated wood access, dock, rip rap and existing wood bulkhead "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Joyce, at the rear of 4217 Battery Road, "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 1479-99-3562 1 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "Proposed Revetment/Wharf LAKE JOYCE Location: 4217 Battery Road Virginia Beach, VA 23455 Applicant: Darrell McKown Date: August 12, 2004," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from The Encroachment Area in the event of an emergency or public necessity. It is further expressly understood and agreed that the Temporary Encroachment herein authorized tenninates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses 2 and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of 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 a bond or other sec11!Ïty, 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 3 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 Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. 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 ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, P. Darrell McKown, Jr., the said Grantee has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager 4 (SEAL) ATTEST: City Clerk ~~~2P~ß STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by DESIGNEE OF THE CITY MANAGER , CITY MANAGER/AUTHORIZED Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by RUTH HODGES SMITH, City Clerk for: the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 5 STATE OF V. 'I'~"Þ-I'-. '. CITY/COUNTY OF Vi "1' Mol 4. ß...~wit: The foregoing instrument was acknowledged before me this 18 "¿day of r ~'J .2005, by P. Darrell McKown, Jr. ~tl, ~ ~œ:ry Public My Commission Expires: APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~ C. òþSM, GNATURE ~ tItiJ¿ DEPARTMENT 1{UW 6 Exh,bIt f'r ;. ..: I 1 STOR" I fiç SRI¡J\' HOÛSt: . r;{ I I ~ 4217 '" , ' . ~ to: , I I .' - "'¡ A' I ~ I . Jð;:;'. ;. CC/r.~i 0 . r-:; 1"j 4.8' , ~yl"'l¡ .. ,}- ~5. :;j f ~8~ ~ 1745' :...,' , , 2,2 °, 5' f' ! ' ~ / -,,~ ._~~ I co j ,...... "'.:"'..." I! ;11 .¡ ~ óEt?TH ;"L~~~ . '. "~'::::,";', ~'~'l-¡ ¡ J ..,. ~ . t '1,.0 . ';.,..'." :. II / ~REGQRY P. CLE~~~ ~ .:: :'d~~ . '1]' J' I ¡ No. 36776 \' ...§:r:.: ¡PiN (F) , ~f 1:Qõ , :;--..:-.:!': "...J' ! ~O I \""Z. 6-\ ~~ ¡,.:-~.-'~.~ '.Sï¡gl:;9'~iê" , ' ~$. O~ ...'- '-I a : I $SJONA1.~~ >',-.>::'~~~.~' , " 1ö 7if¡.-rr61z..' .,".-'.;, .~ ~ " fl2:'N'DIAN !-NI! R""'~",,: 1.0125. ' -.::-;-,':' ".:: It: 1~C:L~O' [~5"þe"o~A~y ROÀD" R~~O~.OO ! i I I . ~djacent Proøerty Owners I I. -. . R. WIlson 'I F. Behrens 1- E. B, BloCk I C.B' : ~ ' ~ ¡ ~ i VI ! < : t..J ; I..J : .IJ.J ~ I ÕI z . !"l ::( ! ën 0= ; ... Q I Z in I ! I , \ AdjaccI:t i !1. Beh1cIl~¡ I I PIN (F) I Page 2 of ,3 P reposed R8vetmentlWharf LAKE JOYCÉ location: 4217 Battery Road Virginia Beach, VA :2345S Applicant: Darren Mc~KÐ'W'" Date: Augult12, 2004 0;..:,"" ~ j/ :.'1 - ~ /' I ..J r-///g C"'<~(.i< f..:6iJ..íZ-/~4Œ¡) nl an:kß¿I¿~L/(~~ 3/ Yo oS' ! I .i I , PLAN VIEW . Proposed Revetment /Wharf ~~_. _~4:;;;-:-7,~,. ';":\'~;~u ""t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment request into City right-of-way known as a portion of Thalia Creek behind 4025 W. Colonial Parkway. MEETING DATE: April 5, 2005 . Background: Mr. and Mrs. Osborn requested permission to encroach into a portion of the City's right-of-way adjacent to 4025 W. Colonial Parkway, Virginia Beach, Virginia. The purpose of this encroachment is to allow construction and maintenance of a pier, bulkhead and deck, behind 4025 W. Colonial Parkway. . Considerations: City Staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the agreement. . Public Information: Advertisement of City Council Agenda . Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. . Recommendations: Approve the request subject to the terms and conditions of the agreement. . Attachments: Ordinance, Location Map, Agreement, Plat and Photos Recommended Action: Approval Submitting Department/Agency: Public workscf- City Manager:~ l. Öß.w*. 1 2 3 4 5 6 7 8 9 10 11 12 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY LOCATED BEHIND. 4025 W. COLONIAL PARKWAY BY WILLIAM S. OSBORN, SR. AND BONNIE M. OSBORN, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, William S. Osborn and Bonnie M. Osborn desire to construct and 13 maintain a pier, bulkhead and deck within the City's right-of-way located behind 4025 14 W. Colonial Parkway. 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's right-of-way subject to such terms and conditions as Council may prescribe. 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 19 20 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, William S. Osborn, Sr. and 22 Bonnie M. Osborn, their heirs, assigns and successors in title are authorized to 23 construct and maintain a temporary encroachment for a pier in the City's right-of-way as 24 shown on the map entitled: "Exhibit A, ENCROACHMENT SITE PLAN BULKHEAD, 25 PIER AND DECK FOR WILLIAM S. and BONNIE M. OSBORN LOT 13, BLOCK 1, WINDSOR WOODS L YNNHAVEN BOROUGH VIRGINIA BEACH, VA (M.B. 76 PG. 12) 26 27 DATE: DECEMBER 16, 2004," a copy of which is on file in the Department of Public 28 Works and to which reference is made for a more particular description; and 29 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 30 subject to those terms, conditions and criteria contained in the Agreement between the 31 City of Virginia Beach and William S. Osborn, Sr. and Bonnie M. Osborn (the 32 "Agreement") , which is attached hereto and incorporated by reference; and 33 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 34 is hereby authorized to execute the Agreement; and 35 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 36 time as William S. Osborn, Sr. and Bonnie M. Osborn and the City Manager or his 37 authorized designee execute the Agreement. 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 39 day of ,2005. 40 41 42 43 44 45 46 47 48 49 50 51 52 53 APPROVED AS TO CONTENTS ~~~~ pIJJ RFaJ Ed1Ji DEPARTMENT APPROVED AS TO LEGAL S FI IENCY AND FORM ITY AT RNEY F : \La~\ lill\ ~ N:NIIE\Ew æoIN\ 00518 Q:t:a:n.d:x: CA- qSJ r PREPARED: 3/3/05 LAKE TRASHMORE OSBORN.DGN M,j.5. PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDA nON TAXES UNDER SECTION 58.1-811(c) (3) THIS AGREEMENT, made this ~d.-day of ~, 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ,WILLIAM S. OSBORN, SR. AND BONNIE M. OSBORN THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 13, Block I" as shown on that plat entitled, "SUBDIVISION OF WINDSOR WOODS SECTION 8-PART 2 FOR LINEBERRY CONSTRUCTION CORPORATION KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA SCALE 1"-100' APRIL, 1968" and being further designated and described as 4025 W. Colonial Parkway, Virginia Beach, Virginia 23452; WHEREAS, it is proposed by the Grantee to construct and maintain a timber bulkhead, an open-pile pier and a raised deck, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Thalia Creek "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 1487-10-0306-0000 1 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: "ENCROACHMENT SITE PLAN BULKHEAD, PIER AND DECK FOR WILLIAM S. and BONNIE M. OSBORN LOT 13, BLOCK 1, WINDSOR WOODS L YNNHA VEN BOROUGH VIRGINIA BEACH, VA (M.B. 76 PG. 12) DATE: DECEMBER 16, 2004," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from The Encroachment Area in the event of an emergency or public necessity. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses. 2 and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. 3 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, William S. Osborn, Sr. and Bonnie M. Osborn, the said Grantee has caused this Agreement to be executed by their signature(s). 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 -', -', .~ 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of . 2005, 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 , 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF v, CITY/COUNTY OF . "1""31"'0'1/. bof~-wit: The foregoing instrument was acknowledged before me this .;1"oLQay of lJtu~ eL . 2005, by William S. Osborn, Sr. ê-<~Q. ~ . Notary PublIc My Commission Expires: .J ~ 3 - dO ð '1 5 STATE OF ~' . A CITY/COUNTY OF ..0' III \ð..¡ l.-iGß~t: ; The foregoing instrument was acknowledged before me this <1~àay of lYìp--l6Á- . 2005, by Bonnie M. Osborn. ctl-v~~ Notary Public My Commission Expires: ~.). - 3 ( - ~o "=/ APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 9Jatw-~ c . ~~ SIGNATURE fW ßjj I és 1tŒ DEPARTMENT 6 '-~~ ~~ '? THALIA CREEK EXTENDED PROPOSED PIER EXISTING ELEVA TED WOOD DOCK, C (JHW AND BANK A ,n 77 ~ . ~ LO~OS:D ~~~~HEAD I roo IPF , cO , , , , "" D ~ EXISTING PIER (HA TCHED) OHW A T EXISTING BULKHEAD ~ 2' RETURN TIE INTO EXISTING ~EXISTNG BULKHEAD 0 0 0 0 ~ N 57"23'10" W EXISTING DECK ~i ~~': l¿J 0 8~ jt, 00 iño (/)0 J:~ I- (/)w (/) : ~o uLí) " « <D ~~ -C"J (/)1"') z APO 2 ~~ §r:' C: 41, D: 68 s APO 1 0 L() to ~ . N f") (f) 1 STY BRICK & FRAME #4025 . . . ,. " .', ' . . . , . . .. ". LOT 1.3 " ',' . ", . . '. . . .. . ,', . . .' '. " : '. . IPF .. '..;. .' .,. . '. tPF S 57"23'10" E 78.0' WEST COLONIAL P ARKWA Y PLAN VIEW @ 2004 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. SCALE 1" = 25' 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PHONE: (757) 425-8244 FAX: (757) 313-9788 ENCROACHMENT SITE PLAN BULKHEAD, PIER AND DECK FOR WlLLlAM S. and BONNIE M. OSBORN LOT 1 J, BLOCK 1, WINDSOR WOODS L YNNHAVEN BOROUGH VIRGINIA BEACH, VA (M.B. 76 PG. 12) DA TE: DECEMBER 16, 2004 E.1.ftIBIr A WATERFRONT CONSUL TING, INC Site - Looking SE Site - Looking NW CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Requesting the Commonwealth Transportation Commissioner to Deny the Applications of Adams Outdoor Advertising for Permits Authorizing the Cutting of Certain Trees and Other Vegetation on Virginia Beach Boulevard MEETING DATE: April 5,2005 III Background: Adams Outdoor Advertising has filed with the Virginia Department of Transportation (VDOT) applications for "selective pruning" permits which, if granted, would allow Adams to cut off all but about 4' of a number of crepe myrtle trees in the median and south side of the Virginia Beach Boulevard right-of-way between Rosemont Road and Lynn Shores Drive, and to trim certain shrubbery in the right-of-way. Although the right-of-way of that portion of Virginia Beach Boulevard is State-owned, the trees and vegetation are owned and maintained by the City and were installed in order to improve the appearance of the roadway. The trees and vegetation significantly enhance the appearance of that location. III Considerations: While Adams has informally represented to the City that it would not cut off the crepe myrtles in the median, and would agree to pay for the relocation or replacement of certain other of the trees, it has not amended its applications to reflect those representations, but has instead requested VDOT to issue the permits as applied for. While Adams has stated to the City that it would "hold" the permits pending further negotiations, such an arrangement is unacceptable, as Adams would have little incentive to negotiate in good faith once the permits have been issued. As a result of the foregoing developments, Councilmember McClanan has asked that a resolution be presented to the City Council. The Resolution requests the Commonwealth Transportation Commissioner to deny the permit applications or, alternatively, to hold a public hearing in Virginia Beach on the matter. III Public Information: Advertisement in the normal manner of agenda items. III Alternatives: The City Council may choose not to adopt the Resolution or to oppose the issuance of the permits; if such a course of action is chosen, however, it is likely that most of the City's crepe myrtle trees in the subject location will be cut to about 4' in height. III Recommendations: Adoption of Resolution III Attachments: Resolution Recommended Action: Adoption of resolution Submitting Department/Agency: City Attorney's Office, at the request of Council member Reba S. McClanan City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 REQUESTED BY COu~CILMEMBER REBA S. McCLANAN A RESOLUTION REQUESTING THE COMMONWEALTH T~~SPORTATION COMMISSIONER TO DEN~ THE APPLICATIONS OF ADAMS OUTDOOR ADVERTISING FOR PERMITS AUTHORIZING THE CUTTING OF CERTAIN TREES AND OTHER VEGETATION ON VIRGINIA BEACH BOULEVARD WHEREAS, pursuant to Section 33.1-371.1 of the Virginia Code, 13 Adams Outdoor Advertising (Adams) has filed applications with the 14 Virginia Department of Transportation (VDOT) , seeking the issuance 15 of permits to cut certain trees and other vegetation owned by the 16 City of Virginia Beach and located within the right-of-way of a 17 portion of Virginia Beach Boulevard enhance the in order to 18 visibility of its billboards in that area; and 19 WHEREAS, the permits sought by Adams would allow it, among 20 other things, to cut the City's crepe myrtle trees located within 21 the median and along the south side of Virginia Beach Boulevard 22 between Rosemont Road and Lynn Shores Drive so as to leave standing 23 approximately four feet (4' ) thus of each crepe myrtle tree, 24 eliminating all of the branches and foliage of such trees; and 25 wnEREAS, the stated purpose of Section 33.1-371.1 is to allow, 26 under certain limited circumstances, the "selective pruning" of 27 vegetation that obstructs motorists' view of signs displayed on 28 outdoor advertising structures, such that neither the letter nor 29 the spirit of the statute authorizes the cutting of trees that do 30 not significantly "obstruct" the visibility of billboards; and 31 the that cut Adams desires do WHEREAS, to not trees 32 significantly obstruct motoristsr view of the billboardsr within 33 the meaning and intent of the statuter but impede visibility only 34 slightly and momentarily as motorists drive past the billboards¡ 35 and 36 WHEREASr Virginia Code Section 33.1-371.1 requires that all 37 "pruning II shall be performed in a manner that beautifies the area 38 surrounding the billboardsr and it is patently obvious to even a 39 casual observer thatr rather than beautifying the areal the cutting 40 of the trees in the manner sought by Adams would seriously detract 41 from the of portion Virginia Beach visual appearance the of 42 Boulevard between Rosemont Road and Lynn Shores Drive¡ and 43 WHEREASr the citizens of the City of Virginia Beach haver for 44 enthusiastically and the overwhelmingly supported many years r 45 Cityrs ongoing beautification effortsr including the planting of 46 and other in major and alqng the Cityrs vegetation trees 47 thoroughfaresr and should be entitled to retain the benefits of 48 those efforts orr at a minimumr to have the opportunity to voice 49 their concerns in this matter to the Commonwealth Transportation 50 Commissionerr chief executive officer of VDOT and the the as 51 official statutorily charged with the duty to determine whether to 52 issue the permits requested by Adams¡ 53 NOWr THEREFOREr BE IT RESOLVED BY THE CITY COu~CIL OF THE CITY 54 OF VIRGINIA BEACHr VIRGINIA: 55 2 55 FIRST: 56 That the Commonwealth Transportation Commissioner be, and 57 hereby is, requested to deny the applications of Adams Outdoor 58 Advertising Virginia Section for Code 33.1-371.1 pursuant to 59 permits to cut the trees and other vegetation in the right-of-way 60 of Virginia Beach Boulevard between Rosemont Road and Lynn Shores 61 Drive; and 62 SECOND: 63 That alternatively, the Commonwealth Transportation 64 Commissioner be, and hereby is, reqùested to schedule and conduct, 65 at a suitable location within the City of Virginia Beach, a public 66 hearing at which the citizens of the City of Virginia Beach and 67 other interested parties have the opportunity to state their views 68 concerning the aforesaid permit applications, both in favor of and 69 in opposition to the issuance of such permits. 70 The City Clerk is hereby directed forthwith to transmit a 71 certified this Resolution to the Commonwealth of copy 72 Transportation Commissioner. CA-9587 OID\ordres\Adamsapplicationres.doc R-2 March 31, 2005 3 L. PLANNIN G 1. Application of WEDGE WOOD ASSOCIATES, L.L.c., for a Change of Zoning District Classification from A-12 Apartment District to Conditional A-24 Apartment District with a PD-H2 Planned Development Overlay District on Bonney Road, Dolton Drive and Alicia Drive DISTRICT 2 - KEMPSVILLE Deferred: March 22, 2005 Recommendation: APPROVAL - 46- Item V-L.6. PLANNING ITEM # 53740 The following registered to speak, representing Empower Hampton Roads: Kathy Llewellyn, 137 Walnut Avenue, Phone: 714-7802, single mother, requested City Council address the problem of affordable and safe housing. Reverend Randy Orwig, Pastor - United Church of Christ, proud member of Empower Hampton Roads, and member of City's Housing Group, through the Interfaith Advisory Board, This Board is a sub committee of providers which came forward to share the distress experienced in the Faith communities with non-profit providers as a result of escalating housing costs and ongoing loss of lower income housing. The Cornerstone project (application of Wedge wood Associates, L.L.c.) symbolizes the moving forward of housing development without a clear policy and ordinance guideline allowing any developer to know how to proceed. Reverend Orwig requested development of a land use zoning policy allowing the availability of affordable housing. Policies re housing trusts; inclusionary zoning, tax breaks andfinancing assistance should be developed for affordable housing. William J. Groom, 521 Graydon Avenue, Apartment D, Norfolk Virginia, Phone: 625-3739, resident of Norfolk and former "homeless" person. Mr. Groom requested the developers of the land formerly occupied by the Wedgewood Mobile Home Park provide a segment of affordable housing. Deborah Wall, 1121 Black Duck Court, Phone: 418-8744, deferred to Teresa Stanley Teresa Stanley, 4356 Bonney Road, Phone: (252) 255-1981, has worked with the Catholic Church for the past fifteen (15) years. Ms. Stanley requested the Sandlers voluntarily provide a certain percentage of opportunity based housing for all income levels and the City adopt an Inclusionary Zoning Ordinance. InclusionalY Zoning ensures a percentage of all development, includes affordable housing and has been successfully implemented in other regions of this country, The Cornerstone project density bonus request should be denied. Attorney Thelma Carroll, 5903 Clear Springs Road, Phone: 420-5055, advised Inclusionary Zoning, also known as Opportunity Based Housing, is a tool for providing an adequate supply of safe, decent attractive and diverse housing with a range of values, including owner occupied and rental units to accommodate the present and future needs of all Virginia Beach residents as stated in the Comprehensive Plan. Examples of Inclusionary Zoning Ordinances can be found in Fairfax County, Virginia, and also in Montgomery County, Maryland. Relative this Ordinance, Empower Hampton Roads is planning a field trip to Fairfax County in May. Attorney Carroll advised affordable housing is not having to expend more than thirty (30%) percent of your income on shelter, Abby Causey, 560 Caren Drive, Phone: 463-1483, Social Minister of Catholic Church in Virginia Beach. Ms. Causey urged adoption of Inclusionary Zoning and providing affordable housing, Tim McCarthy, 3845 Prince Phillip Circle, Phone: 486-3375, urged adoption ofInclusionalY Zoning and develop more affordable housing within the community. Empower Hampton Roads is opposed to the density bonus requested by the Sandlers, without afull assurance of affordable opportunity based housing in this complex (application of Wedge wood Associates, L.L.C.) Mr, McCarthy advised the Workshop re Inclusionary Zoning in Fairfax, Virginia, is scheduled for May 1?h and they would welcome City Council's attendance. March 22, 2005 - 47- Item V-L.6. PLANNING ITEM # 53740 (Continued) Upon motion by Councilman Diezel, seconded by Councilman Schmidt, City Council DEFERRED until the City Council Session of April 5, 2005, Ordinance upon application of WEDGEWOOD ASSOCIATES, L.L.c., for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF WEDGEWOOD ASSOCIATES, LL.C, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 TO CONDITIONAL A-24 WITH A PD-H2 PLANNED DEVELOPMENT OVERLAY DISTRICT Ordinance upon Application of Wedgewood Associates, LL C, for a ChanzeofZoning District Classification fromA-12 Apartment District to Conditional A-24 Apartment District with a PD-H2 Planned Development Overlay District on property located on the north side of Bonney Road and Dolton Drive, west of Alicia Drive (GPINS 14771112670000; -1133130000; -2122470000; -3112940000). The purpose is to develop a planned residential community. The Comprehensive Plan designates this site as being part of Strategic Growth Area 4 - Pembroke Area (Bonney Road West Corridor), suitable for mixed use development including residential consistent with the policies of the Comprehensive Plan. DISTRICT 2 - KEMPSVILLE Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve, Peter W. Schmidt and Ron A. Villanueva Council Members Voting Nay: None Council Members Absent: Rosemary Wilson and James L Wood March 22, 2005 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Wedgewood Associates - Change of Zoning District Classification MEETING DATE: April 5, 2005 III Background: An Ordinance upon Application of Wedge wood Associates, LLC., for a Chanqe of Zoning District Classification from A-12 Apartment District to Conditional A-24 Apartment District with a PD-H2 Planned Development Overlay District on property located on the north side of Bonney Road and Dolton Drive, west of Alicia Drive (GPINS 14771112670000; -1133130000; -2122470000; - 3112940000). The purpose is to develop a planned residential community, The Comprehensive Plan designates this site as being part of Strategic Growth Area 4 - Pembroke Area (Bonney Road West Corridor), suitable for mixed use development including residential consistent with the policies of the Comprehensive Plan. DISTRICT 2 - KEMPSVILLE On March 22, City Council deferred this application to April 5 due to changes being made to the proffers submitted with the rezoning. II Considerations: The applicant proposes to rezone this 48.8 acre site from A-12 Apartment District to A-24 Apartment District with a PD-H2 Planned Development Overlay. The development wi!! be managed as a condominium with 846 units. The density of the project is 19.6 units/acre. Three types of dwelling units are provided on the layout plan: u 242 three story townhouses, u 234 four story "stacked" townhouses, and u 370 multifamily units or "flats." The development contains seven (7) acres of open space in addition to the lakes provided for stormwater management. The open space is dispersed throughout the project and several amenities are provided for each open space area. The amenities include pools, a clubhouse, a children's play area, lakeside benches and landscaped areas. In the center of the site, a community green of approximately 30,000 square feet will be provided for community gatherings and events. The applicant has also provided landscape buffers along the entire perimeter of the site. Wedgewood Associates, LLC. Page 2 of 2 Further details regarding the proposal are provided in the attached staff report. The proposed development offers a unique, high quality neighborhood in an area of the City that is growing in importance. Although the project itself is not mixed use, which is the recommendation for this strategic growth area in the Comprehensive Plan, the surrounding area has a high potential to redevelop into mixed use with this new neighborhood as a catalyst. The site plan layout shows that townhouse units will front on the surrounding roadways of Alicia Drive, Dolton Drive and Bonney Road with garages accessed through rear alleyways. This type of layout can encourage a greater degree of neighborhood interaction with the surrounding properties. In addition, the building units themselves have been designed with front porches and other urban style architectural details that work well within a mixed-use community. Improvements to the transportation system within this Strategic Growth Area are paramount. This project adequately addresses both the current and future transportation needs of the area. The applicant has prepared and submitted a detailed Traffic Impact Analysis that has been reviewed and approved by Public Worksrrraffic Engineering. The study ensures that the development will have an adequate number of ingress/egress routes, provision of turn lanes and roadway widening on Bonney Road and Dolton Road to accommodate the increase in density. In addition, the applicant has proffered to set aside two areas, together totaling 10.8 acres, for future acquisition by the City for improvements to 1-264. These reservation areas are in accordance with the on-going Pembroke Area Transportation Study. There was opposition to the request. II! Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve the request as proffered. III Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submilling DepartmentiAge"f: PI~ing Department ~ City Manage~1fY'Y.'~~ J{-. \ ~q~ , 'v "---.i WEDGEWOOD ASSOCIATES, L.L.C. Agenda Item # 18 February 9,2005 Public Hearing Staff Planner: Barbara Duke The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQU EST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: Location and General Information Chanqe of Zoninq District Classification from A-12 Apartment District to Conditional A-24 Apartment District with PD-H2 Planned Development Overlay Property located on the north side of Bonney Road and Dolton Drive, west of Alicia Drive 1477212247; 1477111267; 1477311294; 1477113313 2 - KEMPSVILLE '" "', WEDGEWOOD ASSOCIATES,~!..LC Agenda Item#18 Page 1 SITE SIZE: 48.8 acres EXISTING LAND USE: The site was an established mobile home park for many years. The majority of the structures on the site have been relocated or removed. SURROUNDING North: LAND USE AND South: ZONING: East: West: . Interstate 264 . Bonney Road and Dolton Drive . Alicia Drive . Mobile Home Park /A-12 Apartment District NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant environmental features on the property. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. Summary of Proposa The applicant proposes to rezone this 48.8 acre site from A-12 Apartment District to A- 24 Apartment District with a PD-H2 Planned Development Overlay. The development will be managed as a condominium with 846 units. The density of the project is 19.6 units/acre. Three types of dwelling units are provided on the layout plan: 0 242 three story townhouses, 0' 234 four story "stacked" townhouses, and 0 370 multifamily units or "flats." The development contains seven (7) acres of open space in addition to the lakes provided for stormwater management. The open space is dispersed throughout the project and several amenities are provided for each open space area. The amenities include pools, a clubhouse, a children's play area, lakeside benches and landscaped areas. In the center of the site, a community green of approximately 30,000 square feet will be provided for community gatherings and events. The applicant has also provided landscape buffers along the entire perimeter of the site. ,M"','" , "'~" " , "'" WEDGEWOOD ASSOCIATES,f1.LC Agenda Item#18 , Pagf3,? ,.. The town homes will have a 2-car garage provided for each unit and the stacked town homes will have a 1-car garage provided for each unit. Rear alleyways will be used to access garage parking, so that all of the townhomes will front on the streets without a driveway and garage. A four story parking structure will be provided for the multifamily flats. There will also be ample parking provided along the streets within the neighborhood for all units. The street network and all street widths within the development have been designed to allow on-street parking without impeding emergency vehicle access. The building elevations for the three different unit types have been coordinated and detailed to provide a high-quality unified development. The elevations include front porches, well-defined entryways, and varying roof lines. The facade of the parking structure that will be incorporated into the multifamily building includes architectural treatments that will enhance the view of this structure from the front (facing the development) and rear (facing 1-264) of the builqing. The building heights proposed for this project are higher than what is typically proposed for developments at this density. The town homes will be a minimum of three stories and the stacked town homes will be a minimum of four stories, with the maximum height limit set at 55 feet. The multifamily building will have a maximum height of 65 feet. Comprehensive Plan The Comprehensive Plan recognizes this site to be within Strategic Growth Area #4, Bonney Road West Corridor. Located along 1-264, near the key intersection of Virginia Beach Boulevard and Independence Boulevard and unencumbered by AICUZ noise and accident zones, opportunities exist in this area to blend new residential and complementary nonresidential uses to create a more urban sense of place with attractive mixed use centers. Developments within the Bonney Road West Corridor should demonstrate exceptional quality in the areas of site planning and building design. This corridor is recommended for mixed use development including medium intensity and medium to high rise office, business, hotel and institutional uses and may include a mix of residential types, densities and values as well as community centers and compatible support uses. Careful attention must be paid to creating an attractive view of this tract from 1-264. , ',d , U WEDGEWOOD ASSOCIATES, LLC Agenda Iterr¡#18 , Rélg~>~ The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§1 07(h)(1 ». Should, this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER # 1 PROFFER # 2 PROFFER # 3 PROFFER # 4 Grantor agrees to develop the Property substantially in conformity with the land Use Plan entitled, "CONCEPTUAL DEVELOPMENT PLAN OF CORNERSTONE" (the "Plan") prepared by LM. Sandler & Sons, Inc., dated August 2004, revised January 20,2005, which Plan has been exhibited to the City Council and is on file in the Department of Planning. Grantor agrees to develop the multi-family and single family attached dwelling units substantially in conformity with the elevations which have been exhibited to the City Council and are on file in the Department of Planning. It is recognized and understood that detailed building plans may change as the planning process progresses. The intent of the elevations is to demonstrate an architectural style and building quality. Final elevations for these structures shall be submitted to the Planning Director for review and approval prior to building plan approval. Grantor agrees to reserve a ten (10) foot strip of land on the Property adjacent to and along the frontage of Bonney Road to allow for the ultimate seventy (70) foot right-of- way for Bonney Road in accordance with the City's Master Transportation Plan dated November 4, 1997. Grantor shall design and construct only privately maintained streets and alleys within Cornerstone. The street sections shall substantially conform with the development criteria prepared by LM. Sandler & Sons} " '"," WEDGEWOOD ASSOCIA TES,LLC Agenda IterT)#18 PROFFER # 5 PROFFER # 6 PROFFER # 7 PROFFER # 8 Inc., which has been exhibited to City Council and is on file in the Department of Planning. Dwellings may be constructed with rear loading garages which will utilize a 15 foot collector alley. Grantor shall record a Master Deed of Covenants, Conditions and Restrictions ("Restrictions") governing all of the Property zoned A-24. The Restrictions shall be enforced by a Mandatory Property Owners Association, which will be responsible for maintaining all common areas including, but not limited to the "AMENITY AREAS", all Landscape Buffers, all Lakes and BMPs. The total combination of attached and multifamily units to be developed on the Property zoned A-24 may not exceed a maximum of 846 units. Further conditions may be required by Grantee during detailed Site Plan review and administration of all applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. [Revised after Planning Commission to read as follows] Grantor agrees to reserve the two portions of the Property described in this paragraph for possible acquisition by the City, to accommodate the expansion of 1-264 and construction of a potential fly-over from 1-264, upon the following terms and conditions: (a) A variable width area adjacent to 1-264 consisting of :t3.4 acres, which area is described and shown on the Plan as "Area set aside for future expansion of 1-264 (:t3.4 ac.)" (the "Expansion Area"). Grantor shall reserve the Expansion Area from development and offer it for sale upon the terms set forth in the Memorandum of Understanding between Grantor and the City dated March 25, 2005 (the "Memorandum of Understanding"). If the City desires to accept the offer, the City shall prepare and submit to Grantor a purchase agreement reasonably acceptable to Grantor and. WEDGEWOOD ASSOGIATES,LLC Agenda Item#18 Page 5 consistent with the terms and conditions of the Memorandum of Understanding on or before May 31, 2005 (the "Contract Date"). Grantor and the City shall diligently pursue and negotiate the purchase agreement in good faith. The purchase agreement shall provide, among other things, for a closing date of no later than September 30, 2005. If the City has not contracted to purchase the portion of the Property described herein by the Contract Date, the Grantor may terminate its offer to the City and add up to 66 additional units within the project. Any additional units shall be constructed using the three housing types set forth in the Grantor's application materials and shall be subject to review by the Planning Director to ensure consistency with the Plan. (b) A variable width area containing ::t7.4 acres, located east of Bonney Road and west of a 66-foot wide utility easement in favor of Dominion Virginia Power, which is described on the Plan as "Area to be held in reserve for potential future fly-over (7.4 ::t ac., 104 units)" (the "Flyover Area"). Grantor shall grant an option to the City for the purchase of the Flyover Area upon the terms and conditions set forth in the Memorandum of Understanding. Grantor and the City shall enter into an option agreement consistent with the terms and conditions of the memorandum of Understanding, which establishes, among other things, the method for determining the fair market value of the Flyover Area. The option agreement shall further provide that, if the City has not exercised its rights under the option agreement and prepared to close on or before July 31,2008, the City's option shall expire and Grantor may develop the Flyover Area in the manner indicated in the Plan. Grantor and the City shall diligently pursue and negotiate the option agreement in good faith. Staff Evaluation of Staff finds the proffers acceptable. A copy of the Proffers: Memorandum of Understanding is located at the end of this report. WEDGEWOOD ASSOCIATES,LLC Agenda Item #18 City Attorney's Office: The City Attorney's Office has reviewed the proffer agreement dated January 25,2005, and found it to be legally sufficient and in acceptable legal form. Staff recommends approval of this request. The proposed development offers a unique, high quality neighborhood in an area of the City that is growing in importance. Although the project itself is not mixed use, which is the recommendation for this strategic growth area in the Comprehensive Plan, the surrounding area has a high potential to redevelop into mixed use with this new neighborhood as a catalyst. The site plan layout shows that townhouse units will front on the surrounding roadways of Alicia Drive, Dolton Drive and Bonney Road with garages accessed through rear alleyways. This type of layout can encourage a greater degree of neighborhood interaction with the surrounding properties. In addition, the building units themselves have been designed with front porches and other urban style architectural details that work well within a mixed-use community, Improvements to the transportation system within this Strategic Growth Area are paramount. This project adequately addresses both the current and future transportation needs of the area. The applicant has prepared and submitted a detailed Traffic Impact Analysis that has been reviewed and approved by Public Worksrrraffic Engineering. The study ensures that the development will have an adequate number of ingress/egress routes, provision of turn lanes and roadway widening on Bonney Road and Dolton Road to accommodate the increase in density. In addition, the applicant has proffered to set aside two areas, together totaling 10.8 acres, for future acquisition by the City for improvements to 1-264. These reservation areas are in accordance with the on-going Pembroke Area Transportation Study. Staff, therefore, recommends approval of this request. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require WEDGEWOOD ASSOCIATES, "LLC Agènda Item"#18 Page 7 revision during detailed site plan review to meet all aplJlicable City Codes. "". . WEDGEWOOD ASSOCIATES~~l-LC Item #18 Rqg(? 8 Supplemental Information Zoning History rn DATE I REQUEST 1 12/02/03 Subdivision Variance 2 06/18/84 Rezoning from R-8 Residential to A-1 Apartment 3 09/15/86 Rezoning from R-8 Residential to B-2 Business 09/13/93 Rezoning from R-8 Residential to B-2 Business 4 03/24/86 Rezoning from R-8 Residential to B-2 Business 5 08/25/86 Rezoning from R-8 Residential to B-2 Business I ACTION Granted Granted Denied Granted Granted GralltE?d . cr'>: ;::; :,f.;/.' WEDGEWOOD ASSOCIA TES,tLC Agenda IteJT"j#18 . . F?ciQ'@9 ¡--- I i I Public Agency Comments Public Works Master Transportation ~ Bonney Road is currently a two-lane undivided roadway on a 50 foot right-of-way. The portion of Bonney Road fronting this site is listed on the Master Transportation Plan as a 70 foot wide right-of-way. Both Dolton Drive and Alicia Drive are two-lane roadways with 20 foot pavement widths. There are several alternatives being studied for a future flyover of 1-264 in this area as part of the on-going Pembroke Area Transportation Study. All of these alternatives involve property west of the 66 foot wide Virginia Power easement that traverses the subject site. The applicant has reserved all property (7.4 acres) on the west side of the 66 foot wide Virginia Power easement for future acquisition by the City, in addition to reserving property (3.4 acres) that parallels 1-264, therefore, the submitted site plan is not in conflict with the study. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use ¿ 4,915 6,200 - 1,527 ADT Bonney Road ADT1 ADT1 Proposed Land Use 3 - 5,229 ADT , Average Dally Tnps 2 as defined by 306 mobile home units 3 as defined by 370 apartments and 476 townhomes The applicant has prepared and submitted a detailed Traffic Impact Analysis that has been reviewed and approved by Public WorkslTraffic Engineering. The study ensures that the development will have an adequate number of ingress/egress routes, provision of turn lanes and roadway widening on Bonney Road and Dolton Road to accommodate the increase in density. " \,,'\:-- WEDGEWOOD ASSOCIATES Agendalte Public Utilities Water: I This site must connect to City water. There is a 10 inch water main in Alicia Drive, Dolton Drive and Bonne Road frontin this site. Sewer: This site must connect to City sanitary sewer. Sanitary sewer system and pump station analysis of Pump Station #465 or other designated station must be provided to ensure future flows can be accommodated, Public Safety Police: It is recommended that all units with rear alleyways put the address on the rear of each unit as well as the front. The numerical address should be placed on each unit so as to be visible form the alley. This will aid emergency responders in quickly locating an address from the alley side of the unit should the need dictate. Lighting on the site as well as within the parking structure should be designed for safety and security in accordance with Crime Prevention through Environmental Design CPTED rinci les. Lfjre and=Rescue: I Adequate - no additional comments. Public Schools School Current Capacity Generation 1 Change 2 Enrollment Point 0 View 559 688 105 23 Elementary Larkspur Middle 1822 1866 48 4 Bayside HiQh 2076 1860 54 7 ",' WEDGEWOOD AS$ØGIATES,'~LC Agenda Iterntt18 . , . , . paggJ1 1 "generation" represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning, The number can be positive (additional students) or negative (fewer students). 'Capacity includes a 20 classroom addition, currently under construction, to relieve current overcrowding. This addition will be completed in late fall of 2004, WEDGEWOOD AS$:OCIATES,;ILLC Agenda He . 18 Exhibit A Aerial of Site Location ", ' . WEDGEWOOD AS$OGIATES,LLC Agenda Item #18 Page 13 ~Stacked Townhomes . .¡.s""" . 3,5""" . 2<ar g&~""" Site Data Site.A",. v>¡;,.....,E"""""", '.26" Expo"','" N., "er Dt-,'dopmentAr.. <x '$ring Zrn,;og propos;,c Zoning Dweiiirog Uni.. . fi;:t> . >,.dodTowflo""""", . ,ownho""", 4¡;.¡h3~. :L~ .,.'<. 3-" ~ ^c. ?arkíng .""""', """"P'=~"""'"",. """'" '= .""""'"~""',,."""'" . flat, . St>ckodTOW'..hor"", .ì~ :..:::::::::::-":,,. Exhibit B Proposed Site Plan WEDGEWOOD ASSOCIATES' Ageódalte p Exhibit C Proposed Stacked Townhomp- , " " WEDGEWOOD ASSOCIA TES,tLLC Agenda Item #18 Exhibit D Proposed Townhomes WEDGEWOOD ASSOCIATES,iI,;.LC Âg~nda I tern #18 . . page 16 Exhibit E - 1 Proposed Multifamily Front Elevation ~ 0 .,....¡ ..... ~ > OJ t"""""i ~ ..... ~ 0 ;...¡ ~ WEDGEWOOD ASSOCIATES, LLC Agenda Item#18 . . f>ag~ 17 ~ 0 . ...-( ~ ro ;>- Q) ~ ~ ;...¡ ro Q) ~ Exhibit E - 2 Proposed Multifamily Rear Elevation (View from 1-264) -t <- ~ i ~ " ~ Ì ~, , ~'~ WEDGEWOOD ASSOCIATES LC Agenda Ita 18 , Page 18 Sit... Ihtfl . Site 48.8:1' Acrt;S . R('sídl'lltì¡¡l Dwl'1lìng Units: Totall1ot to .~xc('l'd 846 dWE'J1illgs . Residential Pl'incipallJst' and Produ.:tSnmtnùt'}': tvhtlti.Family Flats: Singlt'...F;mlily AHadwd (Starker! TownhuJlu's): S¡1\gll'~Family Attached (Townhomes): 370 234 242 ~ m 0 G) ~ 0 0 0 » (j) »~~~ <OiO <P(') :::I......, g.~ ;::;:'m (1)(j) .~ r () . Single-Family Attached (Stacked '{'ownhl)Ù1es nnd T¡)wnhome¡;} ..' Front, Side. ¡¡bel Reilr Yard setl¡¡¡çk.8 A.s establíi;hed fÎ'oUl property lines: in A.24Z()fÜÙ7 category - FrOl\t bnddulg setbackt¡'otll StlC{,t (back ofI:Ui'h) ,.. Side yard btlildiug setback nom street {back of curb): Side yard building i;ethaçk from olley: . Zoning: ,A-t2 . Proposed Zoning: A-24'PD-H2 Devl'h)}Hnt'nt O'U..rifl . ¡Multi-Family - Front. Side, and Rear Yard setbacks flOm property liue$: - Front building setback from $treet ('If pmking (ba(:k ()f <:Ufb):: - Side building setback th)Ol street 01' )fllkin!¡! (back ()f (:\\rb):: - !\Jiniu\\lm distilllCC belWèC1!llmildiügs . Paddltg Requirements ,- I'v1ulti-Fanùly: - SinHle-Fmuily Attached: As ¡:stilblished in A-24 zoning categOl'Y Maximum Lot Coverage (Eu ¡Jdillg Footprints Only): Mmdmum Building Height: 65 ' 15' 10' 25' Distmlce ßctWt~t11 Building;.;: 1~' Only): (il)" (, 15' f',.taxiUîllUl 55' 15' Numbt'r (if AUadlCd DwcHin,g¡, in ()nt Oroup: 10' 1.8 $)¡)(;es " dwellíng unit 2 S)!1tcs / dwelling tU)it (Il\tegl'¡¡IJ;?øl'~ge¡; imd tmldem drivcwilY SP¡)çCì! (stilcked townhomes) t(1 be (¡)tlnted t~)W¡)rd¡¡ pmkblg tequir..:lHeut) Cornerstone .-----......--..--.... Development Criteria 7 m e>< (1):::T < -. J !!to'" (")0-. ..,"C .... ;:;:3'" ~ (1) I -. ::s O)-~ ~ m 0 G) ~ G> G> 0 » (j) »~(j) <.0.'. r'\.. ' 'ro. \,,<;I ::lQ o.j;> 0>-1 ;:+:m ro(j) Stre¡;t$) Twl;.\v¡¡y str¡;d wi Two-way ,treet wi parallel (Rc¡¡idcmcs both sjdcs): Two-wüy stled wi parallel parking one gide (Residencc>; (¡nc side): Onc-way street wi no pilrallcl piU'king: . Building Muttljob villyl siding, composite siding, natural stOIlC. stone, and stucco fan all be used fo' exterior walls. Exterior colors ilre to be nesthetíc¡¡llyJleasiug in ¡¡ppeanlllce, l1rc (0101' lBotif ill g('1leral will be e¡¡tthtmles.aJld soH paslels ill \\111111 hucs. An:eptablc colors include çreilJII$, tani>, browm. )!Jccns, son blue". beigef'. grays, ant! whites, . Landseapillf.( 0 Street Planting .- Trees shall bt: planted in blocks of sallie ~lIecìeli of ('!tIer and uuitleatioll. be l,lallled Ç(~ltinuotlsly within Ihe slreet verge and should which provides a medium canop)' at maturity, imum of one (1) Iree pli' 5Qliuelll' feet of street frontage sball be I as required 10 fulfill the il!'ç,rcllIeÙÜoued objective;¡, !:I1I'eel flees be canopy ill type. Cornerstone 2Ú' :!ol' ur 21' length Tandi;lt1 .. Slacked Townhomcs: .. 3,,\<jfory TO\\11homes: 18' 10' [') - :;hlllbs shollld he lllied ti) fealilles and not olhilruct vieWi! f¡'(Jut windows. --"--""""""""._~-"_....""'._"--_."-"""""""-""'.'.. """,."""",."", Development Criteria (continued) m eX CD:T < -. !2.c- - 0 -. ':.t "'0 .... ;::¡: 3 " CD CD I .., Dr ;a. ~ .:::::; N .... \ . i ~ \ , ~, . ~ ~ ,,¡ ] --.--tô ~ a:¡¡$ d~ ,91£ ,; .~.~ p ~ ~; h ~ Ii z;¡~ I / ~ t '" ~ ,: ¡- ~ ~. i ; I .. / i $ it '" ., ' ~ , ~ ¡d ,~- ;~ ~~ ¡ 1!1ji= Øf 6 ;p " ." .~ $! 15 Š ¡ ¡¡ ., 0,* cl& 0., ~i ~ ~% ¡¡ . Ii? ., ;¡¡ i; Ø!~ ~ f£ ~ '4 .§> , ~,\ ã \, '\,t'" - -.... /1-- - / I ~! H ,,~ it ~ " Ë ~ u.J1~ §L~ ~ < 1.5. -. E -8 Ii Wi C' 0 . '" ....., i § en I ::::: S- I ~ 11'\ i (/} """Ie¡ C (e S- I ¡¡; 0 ¡ B f '\ i 'õ. """"'" ¡ ~ Exhibit F- 3 Road Sections " ,'. .. ", , WEDGEWOOD ASSOGIATES,~~LC Ag~odalterVft18 p . 1 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: List the applicant name followed by the names oral! officers, members, trustees, partners, etc. below: (Attach list if necessary) Wedoewood Associates, LLC. Steven B. Sandler. Member Arthur B. Sandler. Member Nathan D. Benson. Manaoer Raymond L Gottneb. Manaoer 2,Listall businesses that have a parent-subsidiary' or affiliated business entityZ relatior1shipwith the applicant: (Attach list if necessary) No Þ.arent-subsidiarv, Steve and/or Art Sandler individually have numerous business investments. but none in which either individually hasacontrollinQ "interestu. 0 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROP ERTYO WNER DISCLOSURE Complete this section only if property owneris.differentfrom applicant. If the property oWner is a corporation, partnership, firm, business, or other unincorporated orgÇtnization, complete thèloUowing: 1. List the property owner name followed by the names of aU officers, members, trustees,. partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary1 or affiliated business entitf relationship with the applicant (Attach list if necessary) 0 Check here if the property owner is NOT a corporation, partnership, firm, business, nr nth,Qr "nin""rnnr",t,Qn nrn",....Î.,.",fi.......... Exhibit G - 1 Disclosure Statement - J I ~ ~ I I ~ =-- ~ c;.:, Z I I Z 0 N C9nditiona! Rezoning At ....11) Page 12 of 13 Revised 9/1/2004 WEDGEWOOD ASSOGIATES,'lLC Agenda Iterrt1t18 Pagé22 ~ 0 I I f--c I I ~ Z 0 C§O(\d¡!~:} Rezonil1g Appiication of13 Revised 91112004 z 0 J I ~ U J I .....::I =-- ~ t.:) Z J I Z 0 N Exhibit G - 2 Disclosure Statement DI~(l0~U~.f íTiIT.fffi.fßT ADDITIONAL DISCLOSURES Lìst all known contractors or businesses that have or will provide services with respect to the requested property use, including but not lìmited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Humphrevs Partners. Inc.: Lessard Architectural Group. Inc.; LandMark Desiqn Group; Bryant B. Goodloe. P.C,: FaQQert & Frieden. P,C,; L.M. Sandler & Sons. Inc. 1 .Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act. Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (0 one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling ownerin.the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in detennining the existence of an aff¡lìated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees. or otherwise share activi~ies.resGurces or personnel on a regular basis; or there is otherwise a close workîngrelationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: !certify that the infonnation contained hereín ìs true and accurate, I understand that, u.p.on receipt of notification (postcard)thatthe application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the s rty at least 30 days prior to the scheduled public hearing accordi g the-: ctions in this package. /' I t's Sig ~r ~ David S. Tavlor, CLA Print Name Nathan D. Benson Print Name ----. -- --u WEDGEWOOD ASSOCIATESiJ...LC Agenda Item#18 . Pagei?3 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6019 DATE: March 28, 2005 FROM: Leslie L. Lilley ¡ J VI William M. Macali /}vI I DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional" Zoning Application; Wedgewood Associates, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on AprilS, 2005. I have reviewed the subject proffer agreement, dated March 25,2005 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/nlb Enclosure cc: Kathleen Hassen Prepared By/Return To: Faggert & Frieden, P .C. 222 Central Park Avenue, Suite 1300 Virginia Beach, Virginia 23462 AGREEMENT THIS AGREEMENT, made this 25th day of March, 2005, by and between WEDGEWOOD ASSOCIATES, LLC., a Virginia lirnited liability company ("Grantor", to be indexed as grantor) and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, (the "City", to be indexed as grantee). . WITNESSETH: WHEREAS, Grantor owns four (4) parcels of property located in the Kempsville District of the City, containing a total of approximately 48.8 acres and designated as Tracts 1, 2, 3 and 4 in Exhibit "A" attached hereto and incorporated herein by this reference. These four (4) parcels are hereinafter collectively referred to as the "Property"; and WHEREAS, Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the City so as to change the Zoning Classifications from A-12 to A-24 with a PD-H2 Overlay; and WHEREAS, the City's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effect 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 Grantor's rezoning application gives rise; and WHEREAS, Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the City, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for by the A-24 Zoning District, the PD-H2 District and the adopted land use plan by the existing 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, Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the City or its governing body and without any element of compulsion or quid pro GPINs:1477-21-2247, 1477-11-1267, 1477-31-1294, 1477-11-3313 quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through Grantor, their successors, personal representatives, assigns, grantees, and other successors in interest or title and which will not be required of Grantor until the Property is developed: 1. Grantor agrees to develop the Property substantially in conformity with the Land Use Plan entitled, "Conceptual Development Plan Cornerstone" prepared by LM. Sandler & Sons, Inc., dated August 2004, revised January 20, 2005, which Plan has been exhibited to the City Council and is on file in the Department of Planning (the "Plan"). 2. Grantor agrees to develop the multi-family and single family-attached dwelling units substantially in conformity with the elevations which have been exhibited to the City Council and are on file in the Department of Planning. It is recognized and understood that detailed building plans may change as the planning process progresses. The intent of the elevations is to demonstrate the architectural style and building quality. Final elevations for these structures shall be submitted to the Planning Director for review and approval prior to building plan approval. 3. Grantor agrees to reserve a ten (10) foot strip of land on the Property adjacent to and along the frontage of Bonney Road to allow for the ultimate seventy (70) foot right-of-way for Bonney Road in accordance with the City's Master Transportation Plan dated November 4, 1997. 4. Grantor shall design and construct only privately maintained streets and alleys within the proposed development of the Property. The street sections shall substantially conform with the development criteria prepared by LM. Sandler & Sons, Inc., which has been exhibited to the City Council and is on file in the Department of Planning. Dwellings may be constructed with rear loading garages which will utilize a 15' collector alley. 5. Grantor shall record a Master Deed of Covenants, Conditions and Restrictions ("Restrictions") governing all the Property shown on the Plan as being rezoned to A-24/PD-H2 and excluding those areas reserved for acquisition by the City pursuant to paragraph 8 below. The Restrictions shall be enforced by a Mandatory Property Owners Association which will be responsible for maintaining all common areas including, but not limited to the "AMENITY AREAS," all Landscape Buffers, all Lakes and all BMPs. 6. The total combination of attached and multi-family units to be developed on the Property zoned A-24/PD-H2 may not exceed a maximum of 846 units. 7. Further conditions may be required by the City during detailed Site Plan review and administration of applicable City Codes by all relevant City agencies and departments to meet all applicable City Code requirements. 2 8. Grantor agrees to reserve the two portions of the Property described in this paragraph for possible acquisition by the City, to accommodate the expansion of 1-264 and construction of a potential future fly-over from I-264, upon the following terms and conditions: (a) A variable width area adjacent to 1-264 consisting of:i: 3.4 acres, which area is described and shown on the Plan as "Area set aside for future expansion ofI-264 (3.4 :i: ac.)" (the "Expansion Area"). Grantor shall reserve the Expansion Area from development and offer it for sale to the City upon the terms set forth in the Memorandum of Understanding between Grantor and the City dated March 25, 2005 (the "Memorandum of Understanding"). If the City desires to accept the offer, the City shall prepare and submit to Grantor a purchase agreement reasonably acceptable to Grantor and consistent with the terms and conditions of the Memorandum of Understanding on or before May 31, 2005 (the "Contract Date"). Grantor and the City shall diligently pursue and negotiate the purchase agreement in good faith. The purchase agreement shall provide, among other things, for a closing date of no later than September 30,2005. If the City has not contracted to purchase the portion of the Property described herein by the Contract Date, the Grantor may terminate its offer to the City and add up to 66 additional units within the project. Any additional units shall be constructed using the three housing types set forth in the Grantor's application materials and shall be subject to review by the Planning Director to ensure consistency with the Plan. (b) A variable width area consisting of:i: 7.4 acres, located east of Bonney Road and west of a 66-foot wide utility easement in favor of Dominion Virginia Power, which area is described on the Plan as "Area to be held in reserve for potential future fly-over (7.4 :i: ac., 104 units)" (the "Flyover Area"). Grantor shall grant an option to the City for the purchase of the Flyover Area upon the terms and conditions set forth in the Memorandum of Understanding. Grantor and the City shall enter into an option agreement consistent with the terms and conditions of the Memorandum of Understanding, which establishes, among other things, the method for determining the fair market value of the Flyover Area. The option agreement shall further provide that, if the City has not exercised its rights under the option agreement and prepared to close on or before July 31, 2008, the City's option shall expire and Grantor may develop the Flyover Area in the manner indicated in the Plan. Grantor and the City shall diligently pursue and negotiate the option agreement in good faith. The above conditions, having been proffered by Grantor and allowed and accepted by the City 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 City in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the City, after a public hearing before the City which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 3 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. Grantor covenants and agrees that: (1) The Zoning Administrator of the City shall be vested with all necessary authority, on behalf of the governing body of the City, 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, Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of Grantor and the City. WITNESS the following signatures and seals: GRANTOR: WEDEGWOOD ASSOCIATES, LL. C., a Virginia limited liability company By: ---z.- (SEAL) MD.~ By: /~-- (SEAL) Raymond L Gottlieb, Manager 4 ST ATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this d'S day of ~ 2005, by Nathan D. Benson, Manager of Wedgewood Associates, LLC., a Virginia limited liability company. 6~/&~-, Notafy Public My Commission Expires: '"jJ.ec - "3 L 2-DOl? STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this Ð- day of .íYY:\("(ji/\ , 2005, by Raymond L Gottlieb, Manager of Wedgewood Associates, LLC., a Virginia limited liability company. ~. &. 'if fz ~ Notary Public ------ Kli:e.: A. EV/':'~.) ~ COM!'.1CNW;:')L'fH :.'-:~ MY COMM:SS¡o; j EX?j;:\;~. My Commission Expires: be (.. 31j ¿-OV8 NOT",?\! PUEUC ._--_..,.... .~. .. 5 EXHIBIT "A" TRACT 1 Situate, lying and being all that certain piece or parcel of land located in the City of Virginia Beach, Virginia, and being known as Parcel "A", having a Geographic Parcel Identification Number (GPIN) of 1477-21-2247, shown on a Boundary Survey prepared by LandMark Design Group dated July 30, 2004, and being more particularly described as follows: COMMENCING at a found nail lying at the intersection of the southwesterly right of way line of Alicia Drive (Map Book 196 at pages 43-45) and the northerly right of way line of Bonney Road (Map Book 196 at pages 43-45); thence along the said northerly right of way line of Bonney Road South seventy seven degrees thirty three minutes forty nine seconds West (S77°33'49"W), a distance of eighty two and 59/100 (82.59) feet to a set iron pin; thence along a curve the left having a radius of four hundred five and 00/100 (405.00) feet, arc length of one hundred three and 01/100 (103.01) feet, delta angle of fourteen degrees thirty four minutes twenty five seconds (14°34'25"), chord bearing of South seventy degrees sixteen minutes thirty six seconds West (S70016'36"W), and a chord length of one hundred two and 74/100 (102.74) feet to a found iron pin; thence South sixty two degrees fifty nine minutes twenty four seconds West (S62°59'24"W), a distance of twelve and 80/100 (12.80) feet to a found iron pin; thence North thirteen degrees fifty four minutes fourteen seconds East (N13°54'14"E), a distance of eighteen and 24/100 (18.24) feet to a found iron pin, said pin being the true point and place of BEGINNING; thence continuing along the said northerly right of way line of Bonney Road the following six (6) courses: 1) South sixty two degrees fifty nine minutes twenty four seconds West (S62°59'24"W), a distance of ninety five and 87/100 (95.87) feet to a found iron pin; 2) thence South fifty six degrees forty four minutes fifty nine seconds West (S56°44'59"W), a distance of one hundred forty seven and 12/100 (147.12) feet to a found iron pin; 3) thence South fifty two degrees eighteen minutes twenty four seconds West (S52°18'24"W), a distance of four hundred sixty three and 88/100 (463.88) feet to a found iron pin; 4) thence South fifty four degrees twenty eight minutes twenty four seconds West (S54<>28'24"W), a distance of ninety eight and 69/100 (98.69) feet to a set iron pin; 5) thence along a curve to the right having a radius of four hundred thirty eight and 75/100 (438.75) feet, arc length of one hundred seventy six and 84/100 (176.84) feet, delta angle of twenty three degrees five minutes thirty five seconds (23°05'35"), chord bearing of South sixty six degrees one minute eleven seconds West (S66°0 l' 11 "W), and a chord length of one hundred seventy five and 641100 (175.64) feet to a found iron pin; 6) thence along a curve to the right having a radius of six hundred twenty four and 00/100 (624.00) feet, arc length of two hundred fifty six and 11/100 (256.11) feet, delta angle of twenty three degrees thirty minutes fifty six seconds (23°30'56"), chord bearing of South eighty nine degrees nineteen minutes twenty seven seconds West (S89°19'27"W), and a chord length of two hundred fifty four and 31/100 (254.31) feet to a found concreted iron pin; thence departing the said northerly right of way line of Bonney Road North forty four degrees fourteen minutes seventeen seconds West (N44°14'17"W), passing a found iron pin online at a distance of one thousand five hundred twenty two and 37/100 (1522.37) feet, for a total distance of one thousand eight hundred thirty two and 15/100 (1832.15) feet to a found concreted iron pin, said pin lying on the southerly right of way line of the Virginia Beach-Norfolk Expressway, Route 264; thence continuing along the 6 said southerly right of way line of the Virginia Beach-Norfolk Expressway South eighty five degrees seven minutes fifty three seconds East (S85°07'53"E), a distance of one thousand one hundred thirty five and 96/100 (1135.96) feet to a found highway monument; thence South eighty three degrees thirteen minutes twenty seconds East (S83°13'20"E), a distance of three hundred and 17/100 (300.17) feet to a found highway monument; thence South eighty five degrees seven minutes fifty three seconds East (S85°07'53"E), a distance of five hundred fifty one and 35/100 (551.35) feet to a found concreted iron pin; thence departing the said southerly right of way line of the Virginia Beach-Norfolk Expressway along the aforementioned southwesterly right of way line of Alicia Drive South forty four degrees thirty nine minutes thirty four seconds East (S44°39'34"E), a distance of five hundred eighty seven and 80/100 (587.80) feet to a found concreted iron pin; thence departing the said southwesterly right of way line of Alicia Drive South thirteen degrees fifty four minutes fourteen seconds West (S13°54'14"W), a distance of one hundred eighty one and 67/100 (181.67) feet to a found iron pin, said point being the true point and place of BEGINNING and containing one million seven hundred twenty seven thousand seven hundred eighty six (1,727,786) square feet or thirty nine and 665/1000 (39.665) acres, more or less. TRACT 2 Situate, lying and being all that certain piece or parcel of land located in the City of Virginia Beach, Virginia, and being known as Parcel "B", having a Geographic Parcel Identification Number (GPIN) of 147'Z-11-1267, and being shown on a Boundary Survey prepared by LandMark Design Group dated July 30, 2004, and being more particularly described as follows: COMMENCING at a found nail lying at the intersection of the southwesterly right of way line of Alicia Drive (Map Book 196 at pages 43-45) and the northerly right of way line of Bonney Road (Map Book 196 at pages 43-45); thence along the said northerly right of way line of Bonney Road South seventy seven degrees thirty three minutes forty nine seconds West (S77°33'49"W), a distance of eighty two and 59/100 (82.59) feet to a set iron pin; thence along a curve the left having a radius of four hundred five and 00/100 (405.00) feet, arc length of one hundred three and 01/100 (103.01) feet, delta angle of fourteen degrees thirty four minutes twenty five seconds (14°34'25"), chord bearing of South seventy degrees sixteen minutes thirty six seconds West (S70016'36"W), and a chord length of one hundred two and 74/100 (102.74) feet to a found iron pin; thence South sixty two degrees fifty nine minutes twenty four seconds West (S62°59'24"W)' a distance of twelve and 80/100 (12.80) feet to a found iron pin; thence North thirteen degrees fifty four minutes fourteen seconds East (N13°54'14"E), a distance of eighteen and 24/100 (18.24) feet to a found iron pin; thence South sixty two degrees fifty nine minutes twenty four seconds West (S62°59'24"W), a distance of ninety five and 87/100 (95.87) feet to a found iron pin; thence South fifty six degrees forty four minutes fifty nine seconds West (S56°44'59"W), a distance of one hundred forty seven and 121100 (147.12) feet to a found iron pin; thence South fifty two degrees eighteen minutes twenty four seconds West (S52°18'24"W), a distance of four hundred sixty three and 88/100 (463.88) feet to a found iron pin; thence South fifty four degrees twenty eight minutes twenty four seconds West (S54<>28'24"W), a distance of ninety eight and 69/100 (98.69) feet to a set iron pin; thence along a curve to the right having a radius of four hundred thirty eight and 75/100 (438.75) feet, arc length of one hundred seventy six and 841100 7 (176.84) feet, delta angle of twenty three degrees five minutes thirty five seconds (23°05'35"), chord bearing of South sixty six degrees one minute eleven seconds West (S66°01 '11"W), and a chord length of one hundred seventy five and 64/100 (175.64) feet to a found iron pin; thence along a curve to the right having a radius of six hundred twenty four and 00/1 00 (624.00) feet, arc length of two hundred fifty six and 11/100 (256.11) feet, delta angle of twenty three degrees thirty minutes fifty six seconds (23°30'56"), chord bearing of South eighty nine degrees nineteen minutes twenty seven seconds West (S89°19'27"W), and a chord length of two hundred fifty four and 31/100 (254.31) feet to a found concreted iron pin; thence South forty four degrees fourteen minutes seventeen seconds East (S44°14'17"E), a distance of twenty five and 751100 (25.75) feet to a found iron pin; thence along a curve to the right having a radius of six hundred thirty nine and 00/100 (639.00) feet, arc length of forty four and 05/100 (44.05) feet, delta angle. of three degrees fifty six minutes fifty nine seconds (3°56'59"), chord bearing of North seventy eight degrees fifty minutes thirty one seconds West (N78°50'31"W), and a chord length of forty four and 04/100 (44.04) feet to a set iron pin; thence North seventy six degrees fifty two minutes one second West (N76°52'01"W), a distance of seventy six and 02/100 (76.02) feet to a found concreted iron pin; thence North forty four degrees fourteen minutes seventeen seconds West (N44°14'17"W), a distance of twenty seven and 82/100 (27.82) feet to a found concreted iron pin, said pin being the true point and place of BEGINNING; thence continuing along the said northerly right of way line of Bonney Road the following six courses: 1) North seventy six degrees fifty two minutes one second West (N76°52'01 "W), a distance of one hundred sixty nine and 04/100 (169.04) feet to a set iron pin; 2) thence North seventy four degrees fifty one minutes sixteen seconds West (N74°51 , 16"W), a distance of one hundred fifty six and 26/100 (156.26) feet to a set iron pin; 3) thence North seventy one degrees thirteen minutes sixteen seconds West (N71°13'16"W), a distance of one hundred twenty eight and 98/100 (128.98) feet to a set iron pin; 4) thence along a curve to the right having a radius of seven hundred twenty seven and 00/1 00 (727.00) feet, arc length of two hundred twenty eight and 39/100 (228.39) feet, delta angle of eighteen degrees zero minutes zero seconds (18°00'00"), chord bearing of North sixty two degrees thirteen minutes sixteen seconds West (N62°13'16"W), and a chord length of two hundred twenty seven and 46/100 (227.46) feet to a set iron pin; 5) thence North fifty three degrees thirteen minutes sixteen seconds West (N53°13'16"W), a distance of one hundred fifty nine and 52/100 (159.52) feet to a set iron pin; 6) thence along a curve to the left having a radius of seven hundred eighty eight and 32/100 (788.32) feet, arc length of one hundred sixty three and 32/100 (163.32) feet, delta angle of eleven degrees fifty two minutes thirteen seconds (11°52'13"), chord bearing of North fifty nine degrees nine minutes twenty two seconds West (N59°09'22"W), and a chord length of one hundred sixty three and 03/100 (163.03) feet to a found concreted iron pin; thence departing the said northerly right of way line of Bonney Road North three degrees twelve minutes twenty two seconds West (N03°12'22"W), a distance of six hundred fifty eight and 59/100 (658.59) feet to a found iron pin; thence South forty four degrees fourteen minutes seventeen seconds East (S44°14'17"E), a distance of one thousand three hundred forty four and 19/100 (1344.19) feet to a found concreted iron pin, said pin being the true point and place of BEGINNING and containing two hundred eighty five thousand eight hundred forty one (285,841) square feet or six and 562/1000 (6.562) acres, more or less. 8 TRACT 3 Situate, lying and being all that certain piece or parcel of land located in the City of Virginia Beach, Virginia, and being known by the Geographic Parcel Identification Number (GPIN) of 1477-31-1294, shown on a Boundary Survey prepared by LandMark Design Group dated July 30, 2004 and being more particularly described as follows: BEGINNING at a found nail lying at the intersection of the southwesterly right of way line of Alicia Drive (Map Book 196 at pages 43-45) and the northerly right of way line of Bonney Road (Map Book 196 at pages 43-45); thence along the said northerly right of way line of Bonney Road South seventy seven degrees thirty three minutes forty nine seconds West (S77°33'49"W), a distance of eighty two and 59/100 (82.59) feet to a set iron pin; thence along a curve the left having a radius of four hundred five and 00/100 (405.00) fee4 arc length of one hundred three and 01/100 (103.01) feet, delta angle of fourteen degrees thirty four minutes twenty five seconds (14°34'25"), chord bearing of South seventy degrees sixteen minutes thirty six seconds West (S70016'36"W), and a chord length of one hundred two and 74/100 (102.74) feet to a found iron pin; thence South sixty two degrees fifty nine minutes twenty four seconds West (S62°59'24"W), a distance of twelve and 80/1 00 (12.80) feet to a found iron pin; thence North thirteen degrees fifty four minutes fourteen seconds East (N13°54'14"E), a distance of eighteen and 24/100 (18.24) feet to a found iron pin; thence departing the said right of way line of Bonney Road North thirteen degrees fifty four minutes fourteen seconds East (N13°54'14"E) a distance of one hundred eighty one and 67/100 (181.67) feet to a found concreted iron pin; thence along the aforementioned southwesterly right of way line of Alicia Drive North thirteen degrees fifty four minutes fourteen seconds East (N13°54'14"E), a distance of five and 46/100 (5.46) feet to a found concreted iron pin; thence South forty four degrees thirty nine minutes thirty four seconds East (S44°39'34"E), a distance of one hundred ninety eight and 34/100 (198.34) feet to a found nail, said nail being the true point and place of BEGINNING and containing sixteen thousand three hundred ninety eight (16,398) square feet or zero and 377/1000 (0.377) acres, more or less. TRACT 4 Situate, lying and being all that certain piece or parcel of land located in the City of Virginia Beach, Virginia, and being known by the Geographic Parcel Identification Number (GPIN) of 1477-11-3313, shown on a Boundary Survey prepared by LandMark Design Group dated July 30, 2004, and being more particularly described as follows: COMMENCING at a found nail lying at the intersection of the southwesterly right of way line of Alicia Drive (Map Book 196 at pages 43-45) and the northerly right of way line of Bonney Road (Map Book 196 at pages 43-45); thence along the said northerly right of way line of Bonney Road South seventy seven degrees thirty three minutes forty nine seconds West (S77°33'49"W), a distance of eighty two and 59/100 (82.59) feet to a set iron pin; thence along a curve the left having a radius of four hundred five and 00/100 (405.00) feet, arc length of one hundred three and 01/100 (103.01) feet, delta angle of fourteen degrees thirty four minutes twenty five seconds (14°34'25"), chord bearing of South seventy degrees sixteen minutes thirty six seconds West (S70016'36"W), and a chord length of one hundred two and 74/100 (102.74) feet to a found iron 9 pin; thence South sixty two degrees fifty nine minutes twenty four seconds West (S62°59'24"W), a distance of twelve and 80/100 (12.80) feet to a found iron pin; thence North thirteen degrees fifty four minutes fourteen seconds East (N13°54' 14"E), a distance of eighteen and 24/1 00 (18.24) feet to a found iron pin; thence South sixty two degrees fifty nine minutes twenty four seconds West (S62°59'24"W), a distance of ninety five and 87/100 (95.87) feet to a found iron pin; thence South fifty six degrees forty four minutes fifty nine seconds West (S56°44'59"W), a distance of one hundred forty seven and 12/100 (147.12) feet to a found iron pin; thence South fifty two degrees eighteen minutes twenty four seconds West (S52°18'24"W), a distance of four hundred sixty three and 88/100 (463.88) feet to a found iron pin; thence South fifty four degrees twenty eight minutes twenty four seconds West (S54~8'24"W), a distance of ninety eight and 69/100 (98.69) feet to a set iron pin; thence along a curve to the right having a radius of four hundred thirty eight and 75/100 (438.75) feet, arc length of one hundred seventy six and 84/100 (176.84) feet, delta angle of twenty three degrees five minutes thirty five seconds (23°05'35"), chord bearing of South sixty six degrees one minute eleven seconds West (S66°0 l' 11 "W), and a chord length of one hundred seventy five and 64/100 (175.64) feet to a found iron pin; thence along a curve to the right having a radius of six hundred twenty four and 00/100 (624.00) feet, arc length of two hundred fifty six and 11/100 (256.11) feet, delta angle of twenty three degrees thirty minutes fifty six seconds (23°30'56"), chord bearing of South eighty nine degrees nineteen minutes twenty seven seconds West (S89°19'27"W), and a chord length of two hundred fifty four and 31/100 (254.31) feet to a found concreted iron pin, said pin being the true point and place of BEGINNING; thence continuing along the said northerly right of way line of Bonney Road South forty four degrees fourteen minutes seventeen seconds East (S44°14'17"E), a distance of twenty five and 75/100 (25.75) feet to a found iron pin; thence along a curve to the right having a radius of six hundred thirty nine and 00/100 (639.00) feet, arc length of forty four and 05/100 (44.05) feet, delta angle of three degrees fifty six minutes fifty nine seconds (3°56'59"), chord bearing of North seventy eight degrees fifty minutes thirty one seconds West (N78°50'31"W), and a chord length of forty four and 04/100 (44.04) feet to a set iron pin; thence North seventy six degrees fifty two minutes one second West (N76°52'01"W), a distance of seventy six and 02/100 (76.02) feet to a found concreted iron pin; thence North forty four degrees fourteen minutes seventeen seconds West (N44°14'17"W), a distance of twenty seven and 82/100 (27.82) feet to a found concreted iron pin; thence departing the said northerly right of way line of Bonney Road North forty four degrees fourteen minutes seventeen seconds West (N44°14'17"W), a distance of one thousand three hundred forty four and 19/100 (1344.19) feet to a found iron pin; thence North three degrees twelve minutes twenty two seconds West (N03°12'22"W), a distance of one hundred and 54/100 (100.54) feet to a found iron pin; thence South forty four degrees fourteen minutes seventeen seconds East (S44 ° 14' 17"E), a distance of one thousand five hundred twenty two and 37/100 (1522.37) feet to a found concreted iron pin, said pin being the true point and place of BEGINNING and containing ninety six thousand four hundred thirty three (96,433) square feet or two and 214/1000 (2.214) acres, more or less. S:\Clients\5264\OO 1\ WEDGEWOOD ASSOCIATES PROFFERS.doc 285094v4 10 Exhibit H - 1 Memorandum of Understanding MEMORANDtJ)O{ OF {Jl'\1)ERS1' A~"'DIN G THIS MEMORANDL~t OF UNDERSTA'.NDING (this ~Memorandum') is made this 25th day of March, 2005~ by and between WEDGEWOOD ASSOCIATES, L.L.C., a Virginia limited liability company ("Wedge\\o"Ood") and CITY OF VIRGI~ÌA BEACH, lit municipal corporarlon of the Commonwealth ofVirgînìa ("City'!). ~ee¡t:ds A. Wedge:wood O\\o11S four (4:) pa.~ls of property iDeated in the Kempsville District of the City of Virginia Beach, containing appro.-urnately 48,& acres and designated as Tracts 1, 2, 3 and 4 in Exhibit"" A'J> attached hereto (the "Propertt'). B. Wedgewood has petitioned the Ci~' to rezone the Property from A -12 to A-24 with a PD- 112 Overlay (the "Rezoning Petition") and, in connection 'with the Rezoning Petition, has executed and delivered the Agreem~nt dated March 25, 2005 (the "Proffer Agreement'~, in which 'Wedgewood bas agreed to additional conditions and obligatiom related to the Rezoning Petition. C. In acoordance 'wi1h. the terms of Paragraph Sea) of the Proffer Agreement, and subject to the terms of this Memorandum, Wedgewood has agreed to reserve from development an approximate 3.4+acre portion of the Property (the "Expansion Area") shown and described as "Area set aside for future expansion of I~264 (3.4 +f- ac.)" on the eXhibit entitled "Conceptual Development Plan Cornerstone", dated August 2004 and revised January 20, 2005 (the "Development Plan"). D. In accordance Vti1h. the terms of Paragraph 8(b) of the Proffer Agreement, and subject to t1æ terms of this Memorandum, Wedgewood has agreed to reserve from development an approxìmate 7 .4-acreportion of the Property (the "F1yover Area") shown and described as .. Area to be held in reser\te for potential future fly-over (7.4 +/- ac., 104 units)" on the Development Plan. Áflftement NOW, THEREFORE, in consideration of the Rezoning Petition and the obUgatiollS set forth in the Proffer Agreement, Wedgewood and the City agree to the following terms and conditions: I. Reservation of E.1Ðftsion Area A. Reservation. From and after the date the City Council approves the Rezoning Petition and un:til May 31, 2005 (the "Offer Period'j, Wedge-wood shall reserve t1æ Expansion Area from its development and offer to sell the Expansion .~ to the City, as outlined in this Memorandum. During the Offer Period, the City shall prepare and present a purchase agreement for the Expansion Area (t.~e "Purchase Agreement") œntaining the terms and provisions outlined 1 WEDGEWOOD AS$<1CIATES, LLC Agenda Itel1l #18 Pag~?4 Exhibit H - 2 Memorandum of Understanding in this Memorandum. and Wedgewood and the City shall diligently pursue ànd use their best efforts, in good faith, to negotiate, execute and deliver the Purchase Agreement prior 10 the expirntion of the OfferPerioo. B. Purchase Agreement The Purchase Agreement shall provide for a closing date on or before September 30, 2005, with time being of the essence. Wedgewood sbalIbe required to convey the E:{pansion Area to the City by special warranty deed, and to deliver other conveyance documents or dosing documentS reasonably required by the City or requiredforilie City to obWn title insurance for the Expansion Area. If required by the City, the deed shall describe the Expansion Area according to a subdivision plat preyared, approved and recorded by theaty, at its sole cost and expense. on or before the closing date. Wedgewood shall agree to execute and deliver any such subdivision plat to the City prior to dosing. but the City sha!.1 have the sole obligation to prepare and obtain approval of any such plat. The Purchase Agreement shall be conditioned only upon Wedgewood' s ability to the convey good and marketable title to the Expansion Area to the City at closing, and shall further provide for each party to bear its own oosts. expe.nses, and attorney's fees. The Purchase Agreement shall further contain customary provisions regarding enforcement of its terms in the event of default The purchase price of the Expansion Area shan be Nine Hundred Sixty-Two Thousand, Four Hundred Ten and 00/100 Dollars ($962,410.00), and shall be subject to adjustment for the proration of real estate taxes and any other items customarily prorated at closing. C. Expiration of Offer. In the event the parties haye not entered into a Purchase Agreement. as outlined herem. on or before 5:00 p.m. on May 31. 2005, then Wedgewood may terminate its obligations set forth in this Memorandum by giving \,tritten notice to the City. Thereafter. Wedgewood may proceed to develop the Expansion Area as set forth in the: Proffer Agreement. D. Reservatron of F1vover Area A. Reservation. From and after the date the City Cúuncil approves the Rezoning Petition and until July 31,2008 (the ..Option Period"). Wedgewood &bail reserve the Fly over Area from its development and shall grant: the City an option to purchase the Ryovel' Area upon the terms set forth in this Memorandum. Prior to May 31. 2005, the City shall prepare and present to Wedgewood an option agreement for the Flyover Area or any portion thereof (the "Option Agreement"} consistent with the tL"mlS outlined herein. and Wedgewood and the City shaH diligently pursue and use their best efforts. in good faith. to negotiate. execute and deliver the Option Agreement prior to May 31, 2005. B. Option A~nt. The Option Agreement shan provide that, if the City exercises its option to purchase the Flyover Area, the City may exercise its option at any time during the Option Period, butsha11 dose no. later than July 31, 2008, with time being of the essence. The Option Agreement shall provide that the City must give Wedgewood written notice of the exercise of its option at least one hundred twenty (120) days in advance of the City's proposed closing date, to allow time for ordering appraisals required to determine the Purchase Price, as described below. The Option Agreement, or a memorandum thereof, may be recorded in the land records of the Clerk's Office of the Circuit Court of the City of Virginia Beach. at the sole 2 WEDGEWOOD ASSOGIATES.Ð1LG Ag~nda IterrT)#c18 Pgg~?5 Exhibit H - 3 Memorandum of Understanding cast and eJl.-pense of the City. The Option Agreement shaH further provide that the City may exercise its option only for the purposes of constructing a flyover to Inten."1ate 264 or other public road system improvements, and for no other purposes. If all or any portion of the Flyover Area is declared excess property by the City. the Cit}. shall. by written notice to Wedgewood, grant Wedgewood the f1rSt right to purchase aU or any portion of the Flyover Area that is not used for road system improvements, and Wedgewood shall have a period of thirty (30) days thereafter to negotiate a pumbase agreement fur the excess property. If Wedgewood fails to respond within thirty (30) days or elects not to purchase the excess property, then the excess property may be conveyed to others. c. Terms of Closi~. In the event the City exercises its rightS under the Option Agreement, the terms of this paragraph shall apply. Wedgcwood shall be required to convey the Flyover Area. to the City by special warranty deed, and to deliver other conveyance documents or closing documents reasonably required by the City or required for the City to obtain title insurance for the Flyover.A..rea. If required by the City, the deed sbaU describe the Flyover Area according to a subdivision plat prepared" approved and recorded by the aty? at its oole cost and expense, on or before tœ closing date. W odgewood shall agree to execute and deliver any such subdivision. plat to the City prior to closing, but the City shall have the sole obligation to prepare and obWn approval of any such plat. The Option Agreement shall be conditioned only upon Wedgewood's abmty to the convey good and marketable title to the Fl}'over Area to the City at closing. and shaD further pro'\.ide for each party to bear its O\\'Il rosts. expenses. and attorney's fees. The Option Agreement shall further contain customary provisions regarding enforcement of its terms in the event of default. D. FlyO'ver Area Purchase Price. The purchase price for the Flyover Areea shaH equal the fair market value of the Flyover Area~ based upon the PropeTty'szoning of A-12, to be determined and agreed upon by Wedgewood and the City no earlier than ninety (90) days prior to closing. Upon the City's notification to Wedgewood of the e:\.-ercise of its option, both parties shaJl retain a duly licensed MAl appraiser to prepare a mitten appraisal of the fair market value of the Flyover ~ as if it were zoned A-12. Within five (5) days of receípt, the City and Wedgewood shall provide a copy of their appraisals to the otherpart}'. If thedifferenœ in the two appraised values is less than or equal to' ten percent (1 ~Æ) of the greater of the t'W'O appraised values, the parties agree that the purchase price shan be the average of the two values. If the difference in the appraised values is greater than ten percent (1 OOA) of the greater of the two appraised values, and Wedgewood and the City are unable to agree upon the purchase price, then both 'of the appraisers hired by the parties shall select a third. duly licensed MA! appraiser to determine the fair market value of the Flyover Area. The final purchase price shall be the average of all three of the appraised values. Both Wedgewood and the City shall bear the costs and expenses of their own appraiser and shall share the cost of any third appraiser re1aÌned to appraise the FlyoverArea. All determinations of the fair market value of the Flyover Area shaH be based upon the FIyover Area.s zoning of A-12 and shall assume fuatthe FIyover Area is ready fur development, with all required utilities and improvements being available to the site. The fair market value shall also include the costs and expenses of redesigning, removing and reconstructing the Lake shown on the Development Plan and serving as a stormwater retention facility for Wedg<m'OOd's adjacent development. If the removal or reconstruction of the Lake 3 WEDGEWOOD ASSOGIA TES;)I!.LC Agenda Iterrl#18 "page 26 Exhibit H - 4 Memorandum of Understanding reswts in a 10$$ of units in Wedgewood's adjacent development and shov.rn outside of the Ftyover Area, the City shalt not be responsible for the loss of such units. E. Ex;piration of Option. If the City does not exercise its rights under the Option Agreement prior to me expiration of the Option Perio~ the Option Agreement shall expire and the City shan have no further right or interest in theFJyover Area. m. Additional Tenns A.. Effect of Memorandum. The obligations of both WedgeVl.'OOd and the City set forth in this Memorandum shall become void and of nor further force and effect if the RœoningPetition is not approved by the City Council, together\vith the Ci~y's acceptance of the Proffer Agreement ~ by reference therein, the terms of this Memorandum. In the event of a default under this Memorand~ thenon-defaulting party may pursue any and all available remedies at law or in equity against the defaulting party including, without limitation, the remedy of specific performance and collection of reasonable attorney's fees ~w:red by the non-defaultin.g party. B. Miscellaneous. This Memorandum shall be governed according tot.be laws of the Comm<>nwealth of Virginis.. No modification.. amendment or waiver of the terms of this Memorandum shall be effective unless it is set forth in a ......riting signed by each ort.be parties to this Memorandum. IN WITNESS WHEREOF, the parties execute this Memorandum as of the datefust written above. CITY: CITY OF VIRGINIA BEACH, a municipal corporation of the CommonwealtbofVirginia Attest City Clerk By: City Manager, or his designee WEDGEWOOD: WEDGEWOOD ASSOCIATES, L.L.C., a Virginia limited. abHity company By: By: 4 WEDGEWOOD ASSOCIATES,~LLC Ag~nda Item #18 " . Pqg~27 .' '.' M. APPO INTMENTS Community Policy and Management Team - CSA At Risk Community Services Board Francis Land House Board of Governors Health Services Advisory Board Human Rights Commission Investment Partnership Advisory Committee Minority Business Council Open Space Subcommittee Parks and Recreation Commission Performing Arts Theatre Advisory Committee Personnel Board The Planning Council Towing Advisory Board N. UNFINISHED BUSINESS o. NEW BUSINESS P. ADJOUR."lMENT PAGE 1 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS I II II DATE: March 22, 2005 II Ii Ii Ii II 'I AGENDA ITEM # í !A IIIIIII IVN-E F-l ì G-1 I H-1 2 ADDED I/JIK -1 I 2 ! . I 3 4 I 5 I 6 17 ADDED ! L-l 2 SUBJECT BRIEFING: i I STRIVING FOR EXCELLENCE I CERTIFICATION OF CLOSED SESSION MINUTES March 8, 2005 i MAYOR'S PRESENTATION I Resolution in Recognition of Steven T. Thorn son, Chief Financial Officer PUBLIC HEARINGS Hurricane Isabel JLUS ADD on Ordinance re Budget process and assessments on real estate Ordinance to AMEND City Code for definition of "contracting" i Resolution REQ~ESTING Governor ¡ VETO Senate Bl11 1054 re offshore natural ¡ , "as , Ordinance to AUTHORIZE agreement with VDOT for VolvolLynnhaven Parkways between Heald Wa intcrsection/Ci line Ordinance to RE-ESTABLISH parking fees at Camp Pendleton (DISTRICT 6 - BEACH) Ordinance to AUTHORIZE encroachment into portion of row at 601 Sandbridge Road by JOHN W./JEAN F. SIEBERT re lD si . DISTRICT 7 - PRINCESS ANNE Ordinance to ACCEPT $13,896,735 fran FEMA!$3 ,817,906 fran the VEMI APPROPRIATE these funds plus $2,468,839 fran 2004-05 operating budget re Hurricane Isabel Ordinance to TRAl~SFER $238,182 15300,0001$121,718/APPROPRIA TE $60,000 10 First Landing Fire and Rescue Station Ordinance re Budget process and ¡ assessments on real estate (Councilman Schmidt I RICHARD K/LILLIAN M. BOLEN ¡ closure of Irow on Ewe11 RoadlDunston Lane/Delra Drive to ovide fee sim le title TIDEWATER INSTITUTE OF SPORTS CUP re recreational (trainingftoumament facility for Vir~nia Rush Soccer Club) at Harpers RoadlDam Neck Road. (DISTRICT 6 - BEACH) MOTION James K. Spore, City Manager ¡ Certified I ! ¡ A proved I i ¡ 2 speakers No s eakers 9 s cakers ¡ DEFERRED I INDEFINITELY, ¡ BY CONSENT DEFERRED INDEFINITELY ADOPTED, BY CONSENT ADOPTED ADOPTED, BY I CONSENT ADOPTED, BY CONSENT ADOPTED, BY CONSENT ADOPTED . APPROVEDI ¡ CONDITIONED, I BY CONSENT I APPROVEDI I CONDmON.ED. BY CONSENT I I 9-0 10-0 10-0 \10-0 6-3 10-0 8-1 I I I 10-0 ! Y I Y i I 10-0 I 10-0 I Y ! 10-0 ~ ~ D I ~ kiD IIII t Z Y N E E' E R S Iy I I Y Y Y Y Y !Y Y I Y IN I i I I Y Y Y Y Y Y Y I Y I Y Y Y! Y Y I ! I I ¡ Y I Y I Y Y Y Y Y Y Y Y Y M. C H C ~ M L Ii A AID N I D A 0 N X 0 B E R N D 0 R F Y Y Y ; Y I Y y Y Y Y Y Y I N I Y I I Y Y I Y Y Y 'y I I Y Y Y Y I Y I Y Y Y Y I Y I Y I Y I Y ¡Ii Y IY s I, Ii I' t ,: V Ii ! II' II L I " Ä II W II b L 'I w ~ ~ S I 0 " v 0, 0 A N ,i D II Y Y I Y j A ! ! A I I I , I I Y I Y I Y ! A I Y I A I Y Y Y Y , j A I I N ! Y I A ¡ A I I Y Y A Y Y N A A Y Y I Y A Y y Y A Y Y i A i I I Y Y A Y Y Y I Y ! ! , A Y I Y Y Y A PAGE 2 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS i DATE: March 22, 2005 II I AGENDA ITEM # 3 ! 4 i ¡ I 5 ; ! I 6 SUBJECT 7 UNION BAPTIST CHURCH MODIFY a CUP approved October 17, 1995 10 aHow 3 story building/expand the church at 4608 South Boulevard, DISTRICT 3 - ROSE HALL GENERAL RE:NT AL CENTER CUP re , motor vehicle rentaIlbulk storage at 616 j ViHage Drive, DISTRICT 6 - BEACH ! JUDITH M. COFIELD CUP re private : residential kennel at 1349 Spmore Road. DISTRICT 5 - L YNNHA YEN WEDGEWOOD ASSOC CO2 trom A-12 to Conditional A-24 with PD-H2 on Bonney RoadlDolton Drive/Alicia Drive DISTRICT 2 - KEMPSVILLE NELIN BROTHERS CO2 trom R-20 to Conditional 0-1 at 2122 General Booth Boulevard. DISTRICT 7 - PRINCESS ANNE APPOINTMENTS: M N!OIP Community Policy and Management Team- CSA At Risk Community Services Board Francis Land House Board of Governors Health Services Advisory Board 'I Human Rights Commission Investment Partnership Advisory Committee I I Minority Business Council I ' Open Space Subcommittee Parks and Recreation Commission I Performing Arts Theatre Advisory I Committee Personnel Board The Planni!}g Council Towing Advisorv Board ADJOURNMENT: MOTION APPROVED! CONDITIONED, BY CONSENT I APPROVED! I CONDITIONED, BY CONSENT ! APPROVED! I CONDITIONED, BY CONSENT I DEFERRED TO ! APRIL 5, 2005 I DEFERRED INDEFINITELY RESCHEDULED 10:39 P.M. VOTE 10-0 10-0 I I r 9-1 I Y I I I 9-0 I Y : I 9-0 D kiD ~ Z tl Y N ~ ~ E j E =::-. R ! S Y Y Y Y Y , Y j V 0 I B L E S L M R C AN RiH ~ DUD!E~M J D 110 ; E Ii ¡ ! 0 Ii R II V II D X 'I' FiE Ii.,. \ ii ' \.1 ~ '" Y Y Y Y YIYINIY Y Y!YIY!YIY I I. I ¡ I , í 'I I ! A Y B Y i I Y C Y Y 0 N Y Y Y Y Y I Y ! Y Y Y II il Y w, L Ii w S ii 0 0 'I! 0 N II D Y ! A l Y A Y Y A , ! i : : Y I Y i Y ¡ A :\ Y Y Y s E N Y Y A i l s S U