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HomeMy WebLinkAboutMAY 24, 2005 AGENDACITY COUNCIL MAYOR MEYERA E OBERNDORF. At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 HARRYE. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District 1 REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At -Large RONA. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER - JAMES K. SPORE CITYATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES SMITH, MMC CITY OF VIRGINIA BEACH COMMUNITY FOR A LIFETIME CITY COUNCIL AGENDA 24 MAY 2005 I. CITY MANAGER'S BRIEFING - Conference Room - 1. VOTING MACHINES - Replacement David Sullivan, Chief Information Officer II. CITY COUNCIL COMMENTS M. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com 113 91Z I 4:30 P.M. C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 P.M. A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Walley Sherbon, Jr. Pastor, New Life Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS May 10, 2005 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. FARMER'S MARKET LEASE #14 Yoder's Dairies of Tidewater, Inc. 2. LEASES OF CITY OWNED PROPERTIES: a. Contemporary Art Center of Virginia - 2200 Parks Avenue b. Dolphin Run Condominium Association, Inc. - P Street at Atlantic Avenue c. C.B.M. Co. t/a SCHOONER INN - 108 Atlantic Avenue I. CONSENT AGENDA J. ORDINANCES 1. Ordinances to AMEND the City Code: a. REPEAL § 12-30 re fees for copies of records by Fire Department b. REORDAIN § 27-3 re fees for copies of records by Police Department 2. Ordinances to AUTHORIZE the City Manager to execute Leases of certain city -owned property: a. Virginia Beach Farmers Market — Yoder's Dairies of Tidewater, Inc. (Slip #14) b. Contemporary Art Center — 2200 Parks Avenue c. Dolphin Run Condominium Association, Inc at 3rd Street and Atlantic Avenue d. C.B.M. Co. t/a SCHOONER INN at 108 Atlantic Avenue 3. Ordinance to AUTHORIZE acquisition of property in fee simple for the right-of-way associated with the Laskin Road Gateway — 30th Street Project and the ACQUISITION of temporary and permanent easements, either by agreement or condemnation 4. Ordinance to AUTHORIZE a temporary encroachment for GLADYS L. MADDOX into a portion of the right-of-way at 7th Street and Ocean Avenue to construct and maintain planters with trees, surface grates, marlin lights and colored pavement. (DISTRICT 6 — BEACH) subject to; 5. Ordinance to ACCEPT and APPROPRIATE $146,846 from the DEA Seized Property Special Revenue Fund to the Police Department's FY 2004-05 operating budget re purchase of equipment and canines 6. Ordinance to TRANSFER $3,045,000 within the Virginia Beach School Board's FY 2004-05 operating budget from the Instruction category to the Transportation and Operations and Maintenance categories to purchase needed materials and equipment K. PLANNING 1. Application of S & J, L.L.C. for the discontinuance, closure and abandonment of a portion of First Street (DISTRICT 3 — ROSE HALL) RECOMMENDATION: 2. Application of DAM NECK SQUARE APARTMENTS, L.C. re Modification of the Dam Neck Estates PD-H1 Land Use Plan and Conditional Change ofZonin from PD-Hl Planned Unit Development to 0-1 Office District, at Dam Neck Road, approximately 1200 feet west of General Booth Boulevard (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 3. Application of LAND & BUILDING IV. L.C. for the Modification of Proffer Number 1 on a Conditional Change of Zoning (approved by City Council on March 28, 2000 Troy A. Titus), re access to a strip retail center at 5221 Indian River Road (DISTRICT 1— CENTERVILLE) RECOMMENDATION: 4. Application of PLATINUM HOMES, L.L.C. for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional A-24 Apartment District at 484,492 and 508 Dam Neck Road (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: 5. Application of FRONTIER DEVELOPMENT, L.L.C. for a Change of Zoning District Classi ication from Conditional I-1 Light Industrial District to Conditional B-2 Community Business District at 5824 Northampton Boulevard (DISTRICT 4 — BAYSIDE) RECOMMENDATION: L. APPOINTMENTS Eastern Virginia Medical School Francis Land House Board of Governors Health Services Advisory Board Investment Partnership Advisory Committee Open Space Subcommittee Performing Arts Theatre Advisory Committee Towing Advisory Board M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 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: 427-4305 Agenda 05/24/05 blb www.vb-ov.com APPROVAL I. CITY MANAGER'S BRIEFING - Conference Room - 3:30 P.M. 1. VOTING MACHINES - Replacement David Sullivan, Chief Information Officer II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS --1 IV. INFORMAL SESSION - Conference Room - 4:30 P.M. A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 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 Information 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. V. FORMAL SESSION - Council Chamber - 6:00 P.M. A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Walley Sherbon, Jr. Pastor, New Life Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS May 10, 2005 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. FARMER'S MARKET LEASE #14 Yoder's Dairies of Tidewater, Inc. 2. LEASES OF CITY OWNED PROPERTIES: a. Contemporary Art Center of Virginia - 2200 Park Avenue b. Dolphin Run Condominium Association, Inc. - 3rd Street at Atlantic Avenue c. C.B.M. Co. t/a SCHOONER INN - 108 Atlantic Avenue I. CONSENT AGENDA PUBLIC NOTICE LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at 6.00 p.m. on Tuesday, May 24, 2005, in the City.Council Cham- ber regarding the proposed lease agreement of City -owned prop- erty located at the Virginia Beach Farmers Market, as defined below: Space #14 Yoder Dairies of Tidewater, Inc. The purpose of this Public Hearing will be to obtain public com- ment on this lease of City property. Any questions concerning this matter should be directed to Janel Leatherman, Farmers Market Manager, by calling (757) 427-4395. All interested citizens are invited to attend. Ruth Hodges Smith, MMC City Clerk 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 Virg nla Relay at 1$00-829-=0. Beacon May 15, 2005 13196813 PUBLIC NOTICE LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City -owned. property for the following parcels on Tuesday, May 24, 2005, at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this hearing will be to obtain public comment on the City's pro- posal to lease the following parcels: 9.617 acres of land and structures to the Contemporary Art Center of Virginia 0.09 acres of land to Dolphin Run Condominium Association, Inc. 0.21 acres of land to C.B.M. Co. t/a Schooner Inn 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 Virginia Relay at 1-800-82E-3320. Any questions concerning this matter should be directed to the Department of Management Services - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center (757) 427-8234. Ruth Hodges Smith, MMC City ClerkBeacon, May 15, 2005 13196874 J. ORDINANCES 1. Ordinances to AMEND the City Code: a. REPEAL § 12-30 re fees for copies of records by Fire Department b. REORDAIN § 27-3 re fees for copies of records by Police Department 2. Ordinances to AUTHORIZE the City Manager to execute Leases of certain city -owned property: a. Virginia Beach Farmers Market — Yoder's Dairies of Tidewater, Inc. (Slip #14) b. Contemporary Art Center — 2200 Parks Avenue c. Dolphin Run Condominium Association, Inc at 3Td Street and Atlantic Avenue d. C.B.M. Co. t/a SCHOONER INN at 108 Atlantic Avenue 3. Ordinance to AUTHORIZE acquisition of property in fee simple for the right-of-way associated with the Laskin Road Gateway — 30th Street Project and the ACQUISITION of temporary and permanent easements, either by agreement or condemnation 4. Ordinance to AUTHORIZE a temporary encroachment for GLADYS L. MADDOX into a portion of the right-of-way at 7th Street and Ocean Avenue to construct and maintain planters with trees, surface grates, marlin lights and colored pavement. (DISTRICT 6 — BEACH) 5. Ordinance to ACCEPT and APPROPRIATE $146,846 from the DEA Seized Property Special Revenue Fund to the Police Department's FY 2004-05 operating budget re purchase of equipment and canines 6. Ordinance to TRANSFER $3,045,000 within the Virginia Beach School Board's FY 2004-05 operating budget from the Instruction category to the Transportation and Operations and Maintenance categories to purchase needed materials and equipment r',u'"'�,`y, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Ordinance To Amend The City Code Of The City Of Virginia Beach By Repealing The Section Pertaining To Authority Of Department To Furnish Copies Of Records, And Fees Thereof Section Repealed §12-30 MEETING DATE: May 24, 2005 ■ Background: The current ordinance specifies the amount the Fire Department may charge for the production of specified public records. While these fixed charges may have reflected actual cost of production when the ordinance was passed, these fixed charges no longer reflect the department's actual cost as required by the Virginia Freedom of Information Act. ■ Considerations: Repealing this Section allows the Fire Department to rely on the provisions of Administrative Directive 8.01 when charging for copies of public documents. A.D. 8.01 allows the requesting party to be assessed reasonable charges for search time, copying and computer time, not to exceed the actual cost incurred by the City as provided in the Virginia Freedom of Information Act. ■ Public Information: N/A ■ Recommendations: Adopt ordinance ■ Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Depa ent/Agency: Fire/Chief Cade City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF VIRGINIA BEACH BY REPEALING THE SECTION PERTAINING TO AUTHORITY OF DEPARTMENT TO FURNISH COPIES OF RECORDS, AND FEES THEREOF SECTION REPEALED: §12-30 reeerds, and fees t __e fe- . f fire is h b t h e } e -( a ) The elep Rent e preteetien fiEe—repeEtand to—alle i fie wish phetestatie—eepies—ef p=e v± s i e n of Virginia, s ef the suren 2.1 342. t i e n ( .. ) abeve, _t� F z the f e l l-e�i i ng—€ee s eroiees—ffientle n ed—in . fire siab s e e dent $5.90 '(1) P-hetestati-e—eepy ' of -ine f f i r-peE i 2 Ph e t estatle—e T ep y e f e—insgeet z±* te"-Eev-j e ( 3 ) ]' g Ee reper—t eif e . CONEWENT This amendment repeals provisions of the City Code relating to specified fees the Fire Department can charge for public records. These charges are now governed by Administrative Directive 8.01, which limits charges for supplying records to the actual cost of doing so, in accordance with the Freedom of Information Act. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2005. APPROVED AS TO CONTENTS: Fir De ent CA-8545 H:\PA\GG\ORDRES\12-30 Fee ord.doc R1 - November 17, 2004 APPROVED AS TO LEGAL SUFFICIENCY: v � Cit Attorney s Office f°i- tom; . 9ti J J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Ordinance To Amend And Reordain The City Code Pertaining To Authority Of Police Department To Furnish Copies Of Records, Perform Certain Services, Etc. And Fees Thereof Section Amended §27-3 MEETING DATE: May 24, 2005 ■ Background: The current ordinance specifies the amount the Police Department may charge for the production of specified public records. While these fixed charges may have reflected actual cost of production when the ordinance was passed, these fixed charges no longer reflect the department's actual cost as required by the Virginia Freedom of Information Act. ■ Considerations: Amending this Section allows the Police Department to rely on the provisions of Administrative Directive 8.01 when charging for copies of public documents. A.D. 8.01 allows the requesting party to be assessed reasonable charges for search time, copying and computer time, not to exceed the actual cost incurred by the City as provided in the Virginia Freedom of Information Act. ■ Public Information: M ■ Recommendations: Adopt ordinance ■ Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Police Department City Manager: �/ 1 2 3 4 5 AN ORDINANCE TO AMEND AND REORDAIN 6 THE CITY CODE PERTAINING TO THE 7 AUTORITY OF POLICE DEPARTMENT TO 8 FURNISH COPIES OF RECORDS, PERFORM 9 CERTAIN SERVICES, ETC. AND FEES 10 THEREOF 11 12 SECTION AMENDED: § 27-3 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE VITY OF VIRGINIA BEACH, VIRGINIA: That Section 27-3 of the City Code is hereby amended and reordained to read as follows: 15 Sec. 27-3. Authority of department to furnish copies of 16 records, perform certain services, etc., and fees therefor. 17 (a) The department of police is hereby authorized to fur-nish 18 19 release forensic photographs after all criminal charges are 20 resolved and when such release is provided by law, te make EeeeEd 21 eheeks--anel repeems—(lee-al reeer-d enly) , to take—fixger-prAnts of 22 individuals en request to furnish photostatic copies of accident 23 reports and offense reports, and to allowfense such reports to 24 be viewed by proper persons consistent with the provisions of the 25 Virginia Freedom of Information Act, Code of Virginia § 2.2-3700. 26 (b) FeE the -va:ees Fftentiened insubseetien (a) atev3ue, and The 27 Chief of Police is hereby authorized to make record checks and 28 reports (local record only)and take fingerprints of individuals on 29 request. For the processing of applications for permits required 30 by law, the following fees shall be charged: 34 +4}(1)Record check and report by name (local) - . . 15.00 35 -k-S+(2)Fingerprinting of individuals on request . . . 5.00 38 +8+(3)Process bingo permit application . . . 100.00 39 +9}(4)Process raffle permit application . . . 50.00 40 (19)(5)Dance hall permit application . . . 50.00 41 (14:)(6)Turkey shoot permit application . . . 50.00 42-(12)(7)Certificate for public convenience and necessity . . . 50.00 43 (13)(8)Precious metals permit . . . 200.00 44 ( -14) (9) Vendor permit . . . 25.00 45-(18)(10)Concealed weapon permit . . . 35.00 46 47 COMIVIFNT 48 This amendment removes provisions of the City Code relating to specified fees the Police 49 Department can charge for public records. These charges are now governed by 50 Administrative Directive 8.01, which limits charges for supplying records to the actual cost 51 of doing so, in accordance with the Freedom of Information Act. 52 53 54 Adopted by the Council of the City of Virginia Beach, 55 56 Virginia, on the day of 2005. APPROVED AS TO CONTENTS: I Polic epartm t CA-8543 H:\PA\GG\ORDRES\27-3 Fee ord.doc Rl - November 17, 2004 APPROVED AS TO LEGAL SUFFICIENCY: jj,4� - /) C y Attorney,Attorney,s Office r D�,F J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Lease Space at the Virginia Beach Farmers Market MEETING DATE: May 24, 2005 ■ Background: The Farmers Market has been serving Virginia Beach and its citizens for over two decades. A variety of businesses lease space at the Market. ■ Considerations: The Code of Virginia requires all leases of City property to be approved by City Council. The proposed lease for Yoder's Dairies of Tidewater, Inc. is for the space recently vacated by Bergey's Dairy. ■ Public Information: A public hearing is required and has been advertised. ■ Recommendations: The Farmers Market management team recommends approval of the lease renewal. ■ Attachments: Ordinance Term Sheet Recommended Action: Adopt Ordinance Submitting Department/Agency: Agriculture City Manager: H:\P&A\GG\ARF's\Farmers Market Space Lease 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO LEASE SPACE AT THE 3 VIRGINIA BEACH FARMERS MARKET 4 5 WHEREAS, the City of Virginia Beach has leased spaces at 6 the Farmers Market since its inception; 7 WHEREAS, Yoder's Dairies of Tidewater, Inc. wishes to lease 8 a space at the Farmers Market; and 9 WHEREAS, a public hearing concerning the proposed lease has 10 been advertised and conducted. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA: 13 That the City Manager or his designee is hereby authorized 14 on behalf of the City of Virginia Beach to enter into a lease 15 agreement from May 25, 2005 through May 24, 2008 with Yoder's 16 Dairies of Tidewater, Inc. for Space #14 at the Farmers Market. 17 A summary of the material terms of such lease is hereby 18 attached. 19 20 Adopted by the City Council of Virginia Beach, Virginia on 21 this day of , 2005. APPROVED AS TO CONTENTS: Agricu ure Departm I nt APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA9615 H:\PA\GG\ORDRES\Farmers Market Space Lease.ORD.doc R-2 May 11, 2005 SUMMARY OF MATERIAL TERMS LEASE FOR RETAIL SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Yoder's Dairies of Tidewater, Inc. TERM: May 25, 2005 through May 24, 2008 RENT: $537 per month/$6,444 annually PROMOTIONAL FEE: $30 per month RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for retail business consistent with the purpose of the Farmers Market. • Maintain leased space, including heating and air conditioning units. • Purchase and maintain commercial general liability insurance. • Keep business open during hours of Farmers Market operation. • Pay additional fees for electricity. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the leased space. • Pay for water and sewer service. TERMINATION: City may terminate by providing Lessee sixty (60) day notice. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Lease of City Owned Property (9.617 acres, including a 38,000 square foot facility) to the Contemporary Art Center of Virginia. Location — 2200 Parks Avenue MEETING DATE: May 24, 2005 ■ Background: The City of Virginia Beach has been leasing this parcel and facility to the Contemporary Art Center of Virginia for a number of years. This action will renew the agreement between the City and the Contemporary Arts Center for a five-year period. ■ Considerations: This lease would be for a term of five years. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease Agreement as Presented, Change conditions of the Lease Agreement or deny leasing of subject premises. ■ Recommendations: Approval ■ Attachments: Ordinance Summary of Terms Lease Location map Recommended Action: Approval Submitting Department/Agency: Manage ices / Facilities Management Office City Manager: �7- I AN ORDINANCE APPROVING THE LEASE OF 2 CITY LAND AND IMPROVEMENTS AT 2200 3 PARKS AVENUE TO THE CONTEMPORARY 4 ART CENTER OF VIRGINIA 5 6 7 WHEREAS, the City of Virginia Beach ("the City") is the owner of 9.617 acres of 8 land, and all improvements thereon shown on Exhibit A (the "Premises"), located at 9 2200 Parks Avenue; 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, the Contemporary Art Center of Virginia has leased the Premises from the City since 1986 for the operation of the Contemporary Art Center; and WHEREAS, the Contemporary Art Center of Virginia seeks to renew its Lease Agreement with the City for the Premises; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: The Lease Agreement dated as of May 1, 2005 between the City and the Contemporary Art Center of Virginia for City land and improvements located at 2200 Parks Avenue for a five (5) year term is hereby approved and further; The City Manager is authorized and directed to execute the proposed Lease Agreement between the parties, which is attached and labeled Exhibit B. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2005 Approved As To Content DMS/Faci sties Management Approved as to Legal Sufficiency Office of th ity At orney CA9528 I I 'OID\REAL ESTATE\LEASES\CONTEMPORARY ART CENTER\Contemporaryacts ctr ordiance.DOC Mayll,2005 41i Is l• v/+v 1n 4 � d ' Y � i T I F. EXHIBIT B LEASE AGREEMENT FOR CONTEMPORARY ART CENTER OF VIRGINIA THIS AGREEMENT (the "Lease") is entered into as of the 1st day of May 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, (the "City") and the CONTEMPORARY ART CENTER OF VIRGINIA, a corporation of the Commonwealth of Virginia, (the 'Tenant"). WITNESSETH: That the City, for and in consideration of the rent, and of the covenants and agreements to be kept and performed by the parties hereto, agrees to rent and does by these presents hereby rent to the Tenant, and the Tenant does hereby accept said Lease upon the terms and conditions set forth herein, all that certain piece, parcel, or tract of land, together with any and all improvements and appurtenances thereon, belonging, lying, situate and being in the City of Virginia Beach, Virginia, the following described property (the "Premises"), to -wit: All that certain 9.617 acres of pieces or parcels of land as shown on the certain subdivision plat entitled "PLAT SHOWING PUBLIC UTILITY EASEMENT & VACATION OF RIGHT OF WAY LINES & RESUBDIVISION OF PROPERTY TO THE NORTH AND SOUTH OF OLD VIRGINIA BEACH ROAD FOR THE CITY OF VIRGINIA BEACH, LYNNHAVEN BOROUGH< VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA. DATED NOV. 26, 1990, REV. DATE: FEB. 7, 1991, REV. DATE: MAR. 7, 1991, REV. DATE: APR. 10, 1991, SCALE: 1" = 100'", a copy of which is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 211 at Page 96-97. GPIN: 2417-88-0355 This Agreement and Lease is conditioned upon the following terms, conditions, and covenants. Premises. For that and in consideration of the terms, conditions, covenants, promises, and agreements herein made, Lessor hereby leases and demises unto Lessee the Premises, which includes the 38,000 square foot facility located at 2200 Parks Avenue, Virginia Beach, Virginia as shown on Exhibit A attached hereto. 2. Term. The term of this Lease shall be for a period of five (5) years, commencing on May 1, 2005, and ending at midnight on April 30, 2010. It is the intent of the parties to renew this Lease, to the extent permitted by law, as long as both parties are dedicated to preserving the artistic nature of the CONTEMPORARY ART CENTER OF VIRGINIA (the "Building") and operating an activity which enhances the cultural identity of the City of Virginia Beach. 3. Rent. The total rent for the term hereof and any renewal term hereof shall be one dollar ($1.00) per annum, which the Tenant shall pay to the City, in advance, at such place as may be designated by the City. 4. Use. The Tenant will use and occupy the Premises -for purposes of enhancing the public's access to art and culture in the City of Virginia Beach. Such use and occupancy may include, without limitation, art exhibits and related special events, receptions, and meetings, art classes, the operation of gift shops and food and beverage concessions, theatre and recreational purposes, and fund-raising activities which are intended to preserve the artistic nature of an arts museum. The Building must remain open to the general public for at least 120 days per year and for at least 1,000 hours per year. The Tenant agrees to abide by, observe and comply with all federal, state, and municipal laws, ordinances and regulations applicable to its use and occupancy of the Premises and with any covenants and restrictions to which the Premises are now or may hereafter be made subject. The Tenant further agrees that it will not do or permit any act or thing or omit any act or thing which conflicts or otherwise fails to comply with the terms of any policy of insurance covering the Premises. The Tenant shall not use nor permit the Premises to be used for any purpose other than as stated in this section of the Lease without prior written consent of the City, which consent shall not be unreasonably withheld. 5. Notice. Any notice provided for or required by this Lease shall be deemed to have been delivered on the date that such notice has been personally delivered or deposited in the U.S. Mail, first class, return receipt requested, postage prepaid and addressed as follows: (A) To the City: Facilities Management Office Department of Management Services City of Virginia Beach 2424 Courthouse Drive Virginia Beach, VA 23456 - - -(B)-To, the Tenarit:_ - - CONTEMPORARY ART CENTER OF VIRGINIA 2200 Parks Avenue 2 Virginia Beach, VA 23451 6. Name. The official name of the Tenant's operation shall not be changed without the prior written approval of the City, which approval shall not be unreasonably withheld. 7. Signs. Tenant shall install and maintain during the term of this Lease a plaque, prominently displayed at the entrance to the building, giving recognition to the City as a principal in the ownership and establishment of the Premises. Such plaque, together with any other sign located on the Premises, shall be constructed and maintained in accordance with applicable State and local laws and shall be approved by the City, which approval shall not be unreasonably withheld. 8. Attachments. The following document is attached hereto and such document shall be incorporated herein by reference: (A) Exhibit A — Plat of Premises (B) Exhibit B - Insurance Obligations 9. Default. If, after receiving written notice from the City, the Tenant fails to complete performance within forty-five (45) days thereafter or within such additional time as may be reasonably necessary, of any covenant or agreement to be performed by the Tenant herein, or causes material damage to or neglects the Building, the City shall have the right to: (i) terminate this Lease, whereupon Tenant shall quit and surrender the Premises to the City; (ii) re-enter and repossess the Premises and lockout Tenant; and (iii) cure the breach or default at the Tenant's expenses, and all costs incurred by City in curing same shall be payable to the City on demand. The City shall retain the right to sue for damages as allowed by law and to pursue such other remedies as allowed by law or in equity. 10. Indemnification. The Tenant agrees to indemnify and save the City and its agents, employees, and officials harmless against all liabilities, expenses and losses including reasonable attorneys' fees incurred by the City as a result of (a) failure by the Tenant to perform any covenant required to be performed by the Tenant hereunder; or (b) any accident, injury, death or property damage which happens in or about the leased Premises or results from the condition, maintenance or operation of the leased 3 Premises or which arises from the negligence or intentional torts of Tenant or its agents, servants or employees. The City shall not be liable for any loss, injury, death, or damage to persons or property which at any time may be suffered or sustained by the Tenant or by any person who may at any time be using, occupying or visiting the Premises or be in, on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of the Tenant or any occupant, visitor, or user of any portion of the Premises. The Tenant hereby waives all claims against the City for injuries to person or property in or about the Premises, from any cause arising at any time. The Tenant further agrees to defend, indemnify, and hold harmless the City, its employees, agents and volunteers from any and all liability and/or damages for injuries to persons or damage to property arising out of the acts or omissions of the Tenant, or the Tenant's agents or employees under this Lease. Notwithstanding the above, the Tenant shall not be required to indemnify the City against any liabilities, expenses or losses incurred by the City, nor shall the Tenant be liable for any loss, injury, death or damage to persons or property, which results from the gross negligence or intentional misconduct of the City or any of its agents, officers or employees. 11. City/Tenant Services Maintenance. Repair and Alterations. City shall, at City cost: (A) maintain the Premises in good condition and repair, including all buildings and improvements, sidewalks, and landscaping; (B) provide payment for all water and sewer and stormwater utility costs and fees; and (C) approve in advance the acquisition or installation by the Tenant of any equipment it is expected to maintain. The grounds will be maintained by the City in a manner consistent with the municipal nature of the Premises. The City shall, upon prior notice to the Tenant, have access to the Building, at reasonable intervals during normal business hours, for purposes of inspecting or repairing the Building; however, no notice need be given in the case of an emergency. However, the City shall not unreasonably interfere with the Tenant's use of the Building. The City shall have the right to establish reasonable rules and regulations governing the use and occupancy of the Premises. The Tenant shall pay for telecommunications fees 4 and services and utilities unless specified to be paid by the City. Additionally, the Tenant shall provide written security procedures designed to reasonably protect the Building, against damage, which procedures must be approved by the City. The Tenant shall not perform any repairs upon the Premises, structural or otherwise, unless minor in nature and approval of the City is first obtained, but shall use its best efforts to maintain the Premises in a neat and orderly condition. The City shall maintain the Premises, including all buildings and improvements, sidewalks and landscaping in good repair. No alterations, improvements or additions of a permanent nature shall be made to the Premises without the prior written approval of the City, which approval shall not be unreasonably withheld. Such alterations, improvements and additions must comply with all applicable building codes, ordinances and regulations. Any such alterations, improvements or additions shall be at the sole expense of the Tenant and Tenant shall indemnify the City against any expense or damage to the Premises as a result thereof. There shall be maintained at the Tenant's sole expense, at all times when any alteration, improvement or addition is in progress, worker's compensation insurance in accordance with state law covering all persons employed in connection with any such alteration, improvement or addition, and general liability insurance for the Tenant covering the additional hazards resulting from any such alteration, improvement or addition. Upon the termination of the Lease, the Tenant shall deliver the Building to the City in good and clean condition, excepting ordinary wear and tear or loss or damages caused by fire or other casualty. 12. Furnishings. At the expiration or earlier termination of this Lease, should the Tenant fail to remove any fumishings or other personal property owned by Tenant within ten (10) days of the date of such expiration or termination, the Tenant shall be deemed to have waived all rights to any such furnishings or other personal property not so removed. 13. Fire or Casualty. Except as otherwise provided herein, in the event the Building, or improvements on the Premises or any part thereof, are damaged or destroyed by fire or other casualty, the City may elect to terminate this Lease effective as of the date of the casualty. The City is not obligated to rebuild the Premises in the event of damage or destruction by fire or other casualty. Tenant shall be responsible for the repair and restoration of all Tenant improvements at its sole cost and expense. 14. Art Collections. All collections of artwork, displayed or stored, are the responsibility of the Tenant, except as otherwise provided herein. Any modifications to this condition must be a written memorandum of understanding agreed to by both parties. 15. - Assignment and Subletting. The Tenant shall not assign this Lease in whole or in part or sublease all or any part of the Premises without the prior written consent of the City. Any such sublease or assignment without consent shall be void, and shall, at the option of the City, terminate this Lease. The provisions of this paragraph shall not be applicable to any contract or agreement between the Tenant and a third party involving the temporary short-term occupancy of the Premises by such third party for (i) an art display, exhibit, forum or similar event, or (ii) the provision of ancillary services (e.g., catering) associated with any such event. This Lease is binding upon, and inures to the benefit of, the parties and their respective heirs, personal representatives, successors and assigns. 16. Surrender. Upon the expiration of earlier termination of this Lease, the Tenant shall surrender to the City the Premises in good and clean condition, ordinary wear and tear and damage by fire or other casualty excepted. 17. Severability. If any provision of this Lease or its application to any person or circumstance shall to any extent be determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Lease, or the application of such provision to persons or circumstances other than those as to which it is determined to be invalid or unenforceable, shall not be affected, and each remaining provision of this Lease shall continue to be valid and enforceable to the fullest extent permitted by law. 18. Rules and Regulations. The Tenant, will comply with all federal, state, and local laws, ordinances, and regulations (collectively, the "Laws"), relating to the business conducted on the Premises by the Tenant, and the Tenant, hereby agrees to observe and strictly comply with all reasonable rules and regulations adopted by the City from time to time with respect to the occupancy of or operations on the Premises. X The City shall not be liable for the nonobservance or violation by the Tenant, or any agent, employee, contractor, invitee or licensee of the Tenant, of any Laws, rules and regulations. The tenant will indemnify and hold the City and its agents, employees, and officials harmless from and against any expense or liability (including reasonable attorneys' fees) resulting from any acts /or omissions of Tenant, its agents, employees, invitees, or independent contractors that violated the Laws, rules and regulations. This provision shall survive termination of this Lease. 19. Required Approvals. All approvals required herein must be obtained in writing. The Department of Management Services/Facilities Management Office shall be responsible for administration and oversight of this Lease. 20. Non -Discrimination. During the term of this Lease, the Tenant agrees that it will not discriminate against any person, including, without limitation, any artist, exhibitor, contractor, vendor, employee or applicant for employment, on the basis of such person's race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of the Tenant. 21. Environmental Concerns. The City hereby warrants to the Tenant, that, to the best of the City's knowledge, without the requirement for independent investigation, no hazardous material such as petroleum products, asbestos and any other hazardous or toxic substance has been used, disposed or, or is located in either the Building or the soil or groundwater on or under the Premises. Any costs associated with violations of the law including, but not limited to, remediations, clean-up costs, fines, administrative or civil penalties or charges, and third party claims imposed on the City by any regulatory agency or by any third party as a result of the noncompliance with federal, state or local environmental laws and regulations or nuisance statutes by the Tenant or by its employees, contractors, consultants, subconsultants, or any other persons, corporations or legal entities retained by if for the Premises, shall be paid by the Tenant. This provision shall survive the expiration or sooner termination of this Lease. 22. Liens — Tenant's Duty to Keep Premises Free of Liens The Tenant shall keep the Premises and every part thereof and all buildings and other improvements at 7 any time located thereon free and clear of any and all mechanics', material men, and other liens for or arising out of or in connection with work or labor done, services performed, or materials or appliances used or furnished for or in connection with any operations of the Tenant, any alteration, improvement or actions which the Tenant might make or cause to be made by any person or persons other than employees, contractors or agents of the City, on or about the Premises, and at all times promptly and fully pay and discharge any and all claims upon which such lien may or could be based, and to indemnify the City. and all of the Premises and buildings and improvements thereon against all such items and claims of liens and related lawsuits. 23. Miscellaneous Provisions: Quiet Eniovment. Subject to the provisions of this Lease and the City's remedies in the event of Tenant's default, Tenant will have and enjoy quiet and peaceable possession of the Premises during the Term. Nonwavier. No waiver of any covenant or condition by either party shall be deemed to imply or constitute a further waiver of the same covenant or condition or a waiver of any other covenant or condition of this Lease. Governing Law/Venue: This Lease shall be construed and governed by the applicable laws of the Commonwealth of Virginia. Venue of any suit brought to enforce the terms of this Lease or arising from the rights, liabilities or obligations set forth herein shall be filed in a court of competent jurisdiction in the City of Virginia Beach. Force Maieure. Neither party shall be liable to the other for any breach or violation of this Lease resulting from any occurrence or event, including any Act of God, strikes, war, lockouts, labor trouble, insurrection or occurrence beyond the reasonable control of any party hereto. Modification. This Lease shall not be modified except by a written instrument executed by the City and Tenant or their respective successors or assigns. IN WITNESS WHEREOF, the City and the Tenant have duly executed this Agreement as of the date first written above. CITY OF VIRGINIA BEACH By: City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: Ruth Hodge Smith City Clerk ATTEST: CONTEMPORARY ART CENTER OF VIRGINIA Chair, Board of Trustees E CITY ACKNOWLEDGMENTS 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, on behalf of the City of Virginia Beach, Virginia. 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 , City Clerk, on behalf of the City of Virginia Beach, Virginia. My commission expires: Notary Public 10 TENANT ACKNOWLEDGMENTS STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of �. 2005, by L , Chair, Board of Trustees, and G, Corporate Secretary, on behalf of the CONTEMPORARY ART ENTER OF VIRGI Virginia corporation. Notary Public My commission expires: 4 APPROVAL AS TO CONTENT: J Managemek Service acilities Management Office APPROVAL AS TO CONTENT: Risk Management Administrator APPROVED AS TO LEGAL SUFFICIENCY: City Attorneys Office APPROVAL AS TO CONTENT: M eums and Cultural Arts 11 EXHIBIT "B" INSURANCE OBLIGATIONS A. The Citv's Insurance Obligations. The City may at its discretion provide programs of insurance and/or self- insurance to cover physical damage to or loss of the building due to fire, flood, or other casualty. B. The Tenant's Insurance Obligations. The tenant shall, at all times during the Term at its own cost and expense, carry commercial general liability insurance on the Premises with limits of not less than $1,000,000.00 combined single limit. The Tenant shall also carry "all-risk" casualty insurance; written at replacement cost value and with replacement cost endorsement, covering all the Tenant's personal property in the Building (including, without limitation, fixtures, floor coverings, furniture, and other property removable by the Tenant under the provisions of the Lease) and all leasehold improvements installed in the Building by or on behalf of the Tenant and if, and to the extent permitted by law, worker's compensation or similar insurance. All liability insurance policies shall be written by companies authorized to conduct the business of insurance in the Commonwealth of Virginia and acceptable to the City and shall name the City as an additional named insured. Each such policy shall also contain a provision prohibiting cancellation or material modification without thirty (30) days prior written notice to the City or its designee: Certificates of such insurance shall be delivered to the City promptly after the issuance of the respective policies. If the Tenant fails to provide or maintain such liability insurance, the City may, but shall not be obligated to, do so and collect the cost thereof as Additional Rent. 13 SUMMARY OF TERMS LEASE FOR THE USE OF 9.617 ACRES OF CITY REAL PROPERTY AND IMPROVEMENTS THEREON LESSOR: City of Virginia Beach LESSEE: CONTEMPORARY ART CENTER OF VIRGINIA PREMISES: Approximately 9.617 Acres of City property, which includes a 38,000 square foot facility located at 2200 Parks Avenue and known as the Contemporary Art Center of Virginia. TERM: May 1, 2005 through April 30, 2010 RENT: Rent shall be One Dollar ($1.00) Per Annum RIGHTS AND RESPONSIBILITIES OF THE CONTEMPORARY ART CENTER OF VIRGINIA: • Will use the Premises for art exhibits, related special events, receptions, meetings, art classes, and such other activities as will enhance the public's access to art and culture in the City of Virginia Beach and for no other purpose. • Will remain open to the general public for at least 120 days and a total of at least 1,000 hours per year. • Will erect and maintain a sign during the term of the Lease, which shall give recognition to the Lessor as a principal in the ownership and establishment of the Premises. • Will maintain commercial general liability insurance with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. • Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Will have access to the Premises at reasonable times, during normal business hours, for the purposes of inspecting or repairing the Premises; however, no notice need be given in the event of an emergency. • Will maintain the Premises in good condition and repair, including all buildings and improvements, sidewalks, and landscaping. • Will provide payment for all water, sewer, and stormwater utility costs. TERMINATION: In the event of a default by the Tenant, the City may terminate the Lease whereupon Tenant shall quit and surrender the Premises to the City. HAOID\REAL ESTATE\LEASES\CONTEMPORARY ART CENTER\CAC.SUMMARY OF TERMS.doc LEASE AGREEMENT FOR CONTEMPORARY ART CENTER OF VIRGINIA THIS AGREEMENT (the "Lease") is entered into as of the 1st day of May 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, (the "City") and the CONTEMPORARY ART CENTER OF VIRGINIA, a corporation of the Commonwealth of Virginia, (the "Tenant"). WITNESSETH: That the City, for and in consideration of the rent, and of the covenants and agreements to be kept and performed by the parties hereto, agrees to rent and does by these presents hereby rent to the Tenant, and the Tenant does hereby accept said Lease upon the terms and conditions set forth herein, all that certain piece, parcel, or tract of land, together with any and all improvements and appurtenances thereon, belonging, lying, situate and being in the City of Virginia Beach, Virginia, the following described property (the "Premises"), to -wit: All that certain 9.617 acres of pieces or parcels of land as shown on the certain subdivision plat entitled "PLAT SHOWING PUBLIC UTILITY EASEMENT & VACATION OF RIGHT OF WAY LINES & RESUBDIVISION OF PROPERTY TO THE NORTH AND SOUTH OF OLD VIRGINIA BEACH ROAD FOR THE CITY OF VIRGINIA BEACH, LYNNHAVEN BOROUGH< VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA DATED NOV. 26, 1990, REV. DATE: FEB. 7, 1991, REV. DATE: MAR. 7, 1991, REV. DATE: APR. 10, 1991, SCALE: 1" = 100'", a copy of which is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 211 at Page 96-97. GPIN: 2417-88-0355 This Agreement and Lease is conditioned upon the following terms, conditions, and covenants. 1. Premises. For that and in consideration of the terms, conditions, covenants, promises, and agreements herein made, Lessor hereby leases and demises unto Lessee the Premises, which includes the 38,000 square foot facility located at 2200 Parks Avenue, Virginia Beach, Virginia as shown on Exhibit A attached hereto. 2. Term. The term of this Lease shall be for a period of five (5) years, commencing on May 1, 2005, and ending at midnight on April 30, 2010. It is the intent of the parties to renew this Lease, to the extent permitted by law, as long as both parties are dedicated to preserving the artistic nature of the CONTEMPORARY ART CENTER OF VIRGINIA (the "Building") and operating an activity which enhances the cultural identity of the City of Virginia Beach. 3. Rent. The total rent for the term hereof and any renewal term hereof shall be one dollar ($1.00) per annum, which the Tenant shall pay to the City, in advance, at such place as may be designated by the City. 4. Use. The Tenant will use and occupy the Premises for purposes of enhancing the public's access to art and culture in the City of Virginia Beach. Such use and occupancy may include, without limitation, art exhibits and related special events, receptions, and meetings, art classes, the operation of gift shops and food and beverage concessions, theatre and recreational purposes, and fund-raising activities which are intended to preserve the artistic nature of an arts museum. The Building must remain open to the general public for at least 120 days per year and for at least 1,000 hours per year. The Tenant agrees to abide by, observe and comply with all federal, state, and municipal laws, ordinances and regulations applicable to its use and occupancy of the Premises and with any covenants and restrictions to which the Premises are now or may hereafter be made subject. The Tenant further agrees that it will not do or permit any act or thing or omit any act or thing which conflicts or otherwise fails to comply with the terms of any policy of insurance covering the Premises. The Tenant shall not use nor permit the Premises to be used for any purpose other than as stated in this section of the Lease without prior written consent of the City, which consent shall not be unreasonably withheld. 5. Notice. Any notice provided for or required by this Lease shall be deemed to have been delivered on the date that such notice has been personally delivered or deposited in the U.S. Mail, first class, return receipt requested, postage prepaid and addressed as follows: (A) To the City: Facilities Management Office Department of Management Services City of Virginia Beach 2424 Courthouse Drive Virginia Beach, VA 23456 (B) To the Tenant: CONTEMPORARY ART CENTER OF VIRGINIA 2200 Parks Avenue Virginia Beach, VA 23451 6. Name. The official name of the Tenant's operation shall not be changed without the prior written approval of the City, which approval shall not be unreasonably withheld. 7. Signs. Tenant shall install and maintain during the term of this Lease a plaque, prominently displayed at the entrance to the building, giving recognition to the City as a principal in the ownership and establishment of the Premises. Such plaque, together with any other sign located on the Premises, shall be constructed and maintained in accordance with applicable State and local laws and shall be approved by the City, which approval shall not be unreasonably withheld. 8. Attachments. The following document is attached hereto and such document shall be incorporated herein by reference: (A) Exhibit A — Plat of Premises (B) Exhibit B - Insurance Obligations 9. Default. If, after receiving written notice from the City, the Tenant fails to complete performance within forty-five (45) days thereafter or within such additional time as may be reasonably necessary, of any covenant or agreement to be performed by the Tenant herein, or causes material damage to or neglects the Building, the City shall have the right to: (i) terminate this Lease, whereupon Tenant shall quit and surrender the Premises to the City; (ii) re-enter and repossess the Premises and lockout Tenant; and (iii) cure the breach or default at the Tenant's expenses, and all costs incurred by City in curing same shall be payable to the City on demand. The City shall retain the right to sue for damages as allowed by law and to pursue such other remedies as allowed by law or in equity. 10. Indemnification. The Tenant agrees to indemnify and save the City and its agents, employees, and officials harmless against all liabilities, expenses and losses including reasonable attorneys' fees incurred by the City as a result of (a) failure by the Tenant to perform any covenant required to be performed by the Tenant hereunder; or (b) any accident, injury, death or property damage which happens in or about the leased Premises or results from the condition, maintenance or operation of the leased 3 Premises or which arises from the negligence or intentional torts of Tenant or its agents, servants or employees. The City shall not be liable for any loss, injury, death, or damage to persons or property which at any time may be suffered or sustained by the Tenant or by any person who may at any time be using, occupying or visiting the Premises or be in, on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of the Tenant or any occupant, visitor, or user of any portion of the Premises. The Tenant hereby waives all claims against the City for injuries to person or property in or about the Premises, from any cause arising at any time. The Tenant further agrees to defend, indemnify, and hold harmless the City, its employees, agents and volunteers from any and all liability and/or damages for injuries to persons or damage to property arising out of the acts or omissions of the Tenant, or the Tenant's agents or employees under this Lease. Notwithstanding the above, the Tenant shall not be required to indemnify the City against any liabilities, expenses or losses incurred by the City, nor shall the Tenant be liable for any loss, injury, death or damage to persons or property, which results from the gross negligence or intentional misconduct of the City or any of its agents, officers or employees. 11. City/Tenant Services, Maintenance, Repair and Alterations. City shall, at City cost: (A) maintain the Premises in good condition and repair, including all buildings and improvements, sidewalks, and landscaping; (B) provide payment for all water and sewer and stormwater utility costs and fees; and (C) approve in advance the acquisition or installation by the Tenant of any equipment it is expected to maintain. The grounds will be maintained by the City in a manner consistent with the municipal nature of the Premises. The City shall, upon prior notice to the Tenant, have access to the Building, at reasonable intervals during normal business hours, for purposes of inspecting or repairing the Building; however, no notice need be given in the case of an emergency. However, the City shall not unreasonably interfere with the Tenant's use of the Building. The City shall have the right to establish reasonable rules and regulations governing the use and occupancy of the Premises. The Tenant shall pay for telecommunications fees 4 and services and utilities unless specified to be paid by the City. Additionally, the Tenant shall provide written security procedures designed to reasonably protect the Building, against damage, which procedures must be approved by the City. The Tenant shall not perform any repairs upon the Premises, structural or otherwise, unless minor in nature and approval of the City is first obtained, but shall use its best efforts to maintain the Premises in a neat and orderly condition. The City shall maintain the Premises, including all buildings and improvements, sidewalks and landscaping in good repair. No alterations, improvements or additions of a permanent nature shall be made to the Premises without the prior written approval of the City, which approval shall not be unreasonably withheld. Such alterations, improvements and additions must comply with all applicable building codes, ordinances and regulations. Any such alterations, improvements or additions shall be at the sole expense of the Tenant and Tenant shall indemnify the City against any expense or damage to the Premises as a result thereof. There shall be maintained at the Tenant's sole expense, at all times when any alteration, improvement or addition is in progress, worker's compensation insurance in accordance with state law covering all persons employed in connection with any such alteration, improvement or addition, and general liability insurance for the Tenani: covering the additional hazards resulting from any such alteration, improvement or addition. Upon the termination of the Lease, the Tenant shall deliver the Building to the City in good and clean condition, excepting ordinary wear and tear or loss or damages caused by fire or other casualty. 12. Furnishings. At the expiration or earlier termination of this Lease, should the Tenant fail to remove any furnishings or other personal property owned by Tenant within ten (10) days of the date of such expiration or termination, the Tenant shall be deemed to have waived all rights to any such furnishings or other personal property not so removed. 13. Fire or Casualty. Except as otherwise provided herein, in the event the Building, or improvements on the Premises or any part thereof, are damaged or destroyed by fire or other casualty, the City may elect to terminate this Lease effective as of the date of the casualty. The City is not obligated to rebuild the Premises in the event of damage or destruction by fire or other casualty. Tenant shall be responsible for the repair and restoration of all Tenant improvements at its sole cost and expense. 14. Art Collections. All collections of artwork, displayed or stored, are the responsibility of the Tenant, except as otherwise provided herein. Any modifications to this condition must be a written memorandum of understanding agreed to by both parties. 15.. Assignment and Subletting. The Tenant shall not assign this Lease in whole or in part or sublease all or any part of the Premises without the prior written consent of the City. Any such sublease or assignment without consent shall be void, and shall, at the option of the City, terminate this Lease. The provisions of this paragraph shall not be applicable to any contract or agreement between the Tenant and a third party involving the temporary short-term occupancy of the Premises by such third party for (i) an art display, exhibit, forum or similar event, or (ii) the provision of ancillary services (e.g., catering) associated with any such event. This Lease is binding upon, and inures to the benefit of, the parties and their respective heirs, personal representatives, successors and assigns. 16. Surrender. Upon the expiration of earlier termination of this Lease, the Tenant shall surrender to the City the Premises in good and clean condition, ordinary wear and tear and damage by fire or other casualty excepted. 17. Severability. If any provision of this Lease or its application to any person or circumstance shall to any extent be determined to be invalid or Unenforceable by a court of competent jurisdiction, the remainder of this Lease, or the application of such provision to persons or circumstances other than those as to which it is determined to be invalid or unenforceable, shall not be affected, and each remaining provision of this Lease shall continue to be valid and enforceable to the fullest extent permitted by law. 18. Rules and Regulations. The Tenant, will comply with all federal, state, and local laws, ordinances, and regulations (collectively, the "Laws"), relating to the business conducted on the Premises by the Tenant, and the Tenant, hereby agrees to observe and strictly comply with all reasonable rules and regulations adopted by the City from time to time with respect to the occupancy of or operations on the Premises. H. The City shall not be liable for the nonobservance or violation by the Tenant, or any agent, employee, contractor, invitee or licensee of the Tenant, of any Laws, rules and regulations. The tenant will indemnify and hold the City and its agents, employees, and officials harmless from and against any expense or liability (including reasonable attorneys' fees) resulting from any acts /or omissions of Tenant, its agents, employees, invitees, or independent contractors that violated the Laws, rules and regulations. This provision shall survive termination of this Lease. 19. Required Approvals. All approvals required herein must be obtained in writing. The Department of Management Services/Facilities Management Office shall be responsible for administration and oversight of this Lease. 20. Non -Discrimination. During the term of this Lease, the Tenant agrees that it will not discriminate against any person, including, without limitation, any artist, exhibitor, contractor, vendor, employee or applicant for employment, on the basis of such person's race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of the Tenant. 21. Environmental Concerns. The City hereby warrants to the Tenant, that, to the best of the City's knowledge, without the requirement for independent investigation, no hazardous material such as petroleum products, asbestos and any other hazardous or toxic substance has been used, disposed or, or is located in either the Building or the soil or groundwater on or under the Premises. Any costs associated with violations of the law including, but not limited to, remediations, clean-up costs, fines, administrative or civil penalties or charges, and third parry claims imposed on the City by any regulatory agency or by any third party as a result of the noncompliance with federal, state or local environmental laws and regulations or nuisance statutes by the Tenant or by its employees, contractors, consultants, subconsultants, or any other persons, corporations or legal entities retained by if for the Premises, shall be paid by the Tenant. This provision shall survive the expiration or sooner termination of this Lease. 22. Liens — Tenant's Duty to Keep Premises Free of Liens. The Tenant shall keep the Premises and every part thereof and all buildings and other improvements at any time located thereon free and clear of any and all mechanics', material men, and other liens for or arising out of or in connection with work or labor done, services performed, or materials or appliances used or furnished for or in connection with any operations of the Tenant, any alteration, improvement or actions which the Tenant might make or cause to be made by any person or persons other than employees, contractors or agents of the City, on or about the Premises, and at all times promptly and fully pay and discharge any and all claims upon which such lien may or could be based, and to indemnify the City.and all of the Premises and buildings and improvements thereon against all such items and claims of liens and related lawsuits. 23. Miscellaneous Provisions: Quiet Eniovment. Subject to the provisions of this Lease and the City's remedies in the event of Tenant's default, Tenant will have and enjoy quiet and peaceable possession of the Premises during the Term. Nonwavier. No waiver of any covenant or condition by either party shall be deemed to imply or constitute a further waiver of the same covenant or condition or a waiver of any other covenant or condition of this Lease. Governing LawNenue: This Lease shall be construed and governed by the applicable laws of the Commonwealth of Virginia. Venue of any suit brought to enforce the terms of this Lease or arising from the rights, liabilities or obligations set forth herein shall be filed in a court of competent jurisdiction in the City of Virginia Beach. Force Maieure. Neither party shall be liable to the other for any breach or violation of this Lease resulting from any occurrence or event, including any Act of God, strikes, war, lockouts, labor trouble, insurrection or occurrence beyond the reasonable control of any party hereto. Modification. This Lease shall not be modified except by a written instrument executed by the City and Tenant or their respective successors or assigns. IN WITNESS WHEREOF, the City and the Tenant have duly executed this Agreement as of the date first written above. CITY OF VIRGINIA BEACH By: (SEAL) ATTEST: Ruth Hodge Smith City Clerk City Manager/Authorized Designee of the City Manager ATTEST: CONTEMPORARY ART CENTER OF VIRGINIA e 1 � 1 B ` orpo a ec e a Chair, Board of Trustees 1 0 CITY ACKNOWLEDGMENTS 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, on behalf of the City of Virginia Beach, Virginia. 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 , City Clerk, on behalf of the City of Virginia Beach, Virginia. My commission expires: Notary Public 10 TENANT ACKNOWLEDGMENTS STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of �`71 � 2005, by G�� J , Chair, Board of Trustees, and C� . tiJ• �' r,c., Corporate Secretary, on behalf of the CONTEMPORARY ART &NTER OF VIRGI Virginia corporation. Notary Public My commission expires: -3- APPROVAL AS TO CONTENT: Manageme6t ServicesP acilities Management Office APPROVAL AS TO CONTENT: Risk Management Administrator APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office APPROVAL AS TO CONTENT: M eums and Cultural Arts 11 77 EXHIBIT "B" INSURANCE OBLIGATIONS A. The Citv's Insurance Obligations. The City may at its discretion provide programs of insurance and/or self- insurance to cover physical damage to or loss of the building due to fire, flood, or other casualty. B. The Tenant's Insurance Obligations. The tenant shall, at all times during the Term at its own cost and expense, carry commercial general liability insurance on the Premises with limits of not less than $1,000,000.00 combined single limit. The Tenant shall also cant' "all-risk" casualty insurance, written at replacement cost value and with replacement cost endorsement, covering all the Tenant's personal property in the Building (including, without limitation, fixtures, floor coverings, furniture, and other property removable by the Tenant under the provisions of the Lease) and all leasehold improvements installed in the Building by or on behalf of the Tenant and if, and to the extent permitted by law, worker's compensation or similar insurance. All liability insurance policies shall be written by companies authorized to conduct the business of insurance in the Commonwealth of Virginia and acceptable to the City and shall name the City as an additional named insured. Each such policy shall also contain a provision prohibiting cancellation or material modification without thirty (30) days prior written notice to the City or its designee. Certificates of such insurance shall be delivered to the City promptly after the issuance of the respective policies. If the Tenant fails to provide or maintain such liability insurance, the City may, but shall not be obligated to, do so and collect the cost thereof as Additional Rent. 13 ' ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Lease for space for City Owned Property Location — 3rd Street MEETING DATE: May 24, 2005 0 Background: The Dolphin Run Condominium Association, Inc. (Dolphin Run Condominiums) would like to lease .09 acre of property from the City of Virginia Beach (the City) located at the corner of 3rd Street and Atlantic Avenue. The City recently acquired the land in the Rudee Loop area. Dolphin Run Condominiums leased this small parcel of land from the previous owners. When the City of Virginia Beach acquired this land, it was understood that Dolphin Run Condominiums desired to continue leasing the land until the City was ready to use it for future City projects. This parcel will be used by the Dolphin Run to augment vehicular parking for guests staying at their establishment. The lease is for four (4) months and has a thirty -day (30) termination clause in the event the City needs the land prior to the termination of the lease. ■ Considerations: This lease would be for a term of four months and the city has a thirty -day (30) termination option. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease Agreement as Presented, Change conditions of the Lease Agreement or deny leasing of subject premises. ■ Recommendations: Approval ■ Attachments: Summary of Terms Ordinance Lease Location map Recommended Action: Approval Submitting Depart�ent/Agency: Man ement S ' es / Facilities Management Office City Manager: SUMMARY OF TERMS LEASE FOR THE USE OF .09 ACRE OF CITY REAL PROPERTY LESSOR: City of Virginia Beach LESSEE: Dolphin Run Condominium Association, Inc. PREMISES: Approximately .09 acre of City property located at the corner of 3'd Street and Atlantic Avenue TERM: May 15, 2005 through September 15, 2005 RENT: Rent shall be $4,320, payable either in a lump sum or in equal monthly installments of $1,080.00. RIGHTS AND RESPONSIBILITIES OF DOLPHIN RUN CONDOMINIUM ASSOCIATION, INC.: • Will use the Premises for overflow parking for its guests and for no other purpose. • Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. • Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Will maintain Automobile Liability Insurance including coverage for non -owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Licensee shall provide a certificate evidencing the existence of such insurance. • Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Will have access to the premises at any time, without prior notice, in the event of an emergency. • Will have the right to require Dolphin Run Condominium Association, Inc. to surrender possession and control of the Premises to the City upon forty-eight (48) hours notice in the discharge of its powers, purposes, or responsibilities. • Will have the right to grant easements and rights of way across the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: The City may terminate the Lease upon providing thirty (30) days written notice to Dolphin Run Condominium Association, Inc. I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR LESS 3 THAN FIVE YEARS WITH DOLPHIN RUN 4 CONDOMINIUM ASSOCIATION, INC. FOR .09 5 ACRE OF CITY OWNED LAND LOCATED AT 3RD 6 STREET AND ATLANTIC AVENUE IN THE CITY OF 7 VIRGINIA BEACH 9 WHEREAS, the City of Virginia Beach ("the City") is the owner of .09 acre of land 10 located at P Street and Atlantic Avenue in Virginia Beach, Virginia (the "Premises"); 11 WHEREAS, Dolphin Run Condominium Association, Inc. ("Dolphin Run 12 Condominium") would like to enter into a formal lease arrangement with the City for the 13 Premises shown on Exhibit A; 14 WHEREAS, the Premises will be utilized as an overflow parking lot for the 15 registered guests of the Dolphin Run Condominium and for no other purpose; 16 WHEREAS, Dolphin Run Condominium has agreed to pay the City $4,320 for 17 the use of this property for a four -month period; 18 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 That the City Manager is hereby authorized to execute a lease for a term of less 21 than five (5) years between Dolphin Run Condominium and the City, for the Premises in 22 accordance with the Summary of Terms attached hereto and such other terms, 23 conditions or modifications as may be satisfactory to the City Attorney and the City 24 Manager. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 27 , 2005 28 APPROVED AS TO LEGAL APPROVED AS TO CONTENT 29 SUFFICIENCY AND FORM 30 1�"045 Lcl 31 Signature Signature 32 L/, c z 33 Department /V 35 CA-9526 HAOIDREAL ESTATE\LEASESUDolphin Run & Schooner Inn\Dolphin Run Condominium.ordinance.doc 36 May 10, 2005 is 4 THIS LEASE AGREEMENT ("Lease"), made this day of , 2005, by and between the CITY OF VIRGINIA BEACH (GRANTOR/LESSOR), a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "CITY" or "LESSOR," party of the first part, and Dolphin Run Condominium Association, Inc. (GRANTEE/LESSEE), hereinafter referred to as "Lessee," party of the second part. WITNESSETH 1. LEASED PREMISES. That for and in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be observed and performed, LESSOR leases to Lessee and Lessee rents from LESSOR the following property, hereinafter referred to as the "Property", delineated as shaded area upon the attached map labeled "Exhibit A" entitled "EXHIBIT "A" TO BE LEASED TO DOLPHIN RUN CONDOMINIUMS BY THE CITY OF VIRGINIA BEACH", reference being made to said exhibit for a more accurate description thereof. 2. RENT. That for and in consideration of the sum of $4,320.00, payable either in a in a lump sum or in equal monthly payments of $1,080.00 no later than the 5tn of each month, over the term of this agreement, LESSOR does hereby lease and demise unto Lessee the Property. 3. TERM. The term of this Lease shall be for four months commencing May 15, 2005 and expiring September 15, 2005. 4. USE OF PROPERTY —PURPOSES. Lessee covenants that the Property shall be used solely for overflow parking for guests staying at the Dolphin Run Condominiums. This Lease may be terminated on thirty (30) days' notice by LESSOR to Lessee. Lessee shall use the Property only for the purposes listed herein and any other use thereof, unless necessarily incidental to such listed and allowed uses, shall constitute a breach of this Lease and cause its immediate termination. The Property is leased by LESSOR to Lessee "as is," and the sole responsibility for the maintenance and upkeep of the Property shall be with Lessee. 5. ASSIGNMENT AND SUBLEASE. This Lease may not be assigned or transferred, and the Property shall not be sublet, either in whole or in part, by Lessee without LESSOR's prior written consent. 6. TERMINATION AND RIGHT OF ENTRY BY LESSOR. A. In the event that Lessee shall for any reason be in default of the terms of this Lease, the LESSOR may give Lessee written notice of such default by certified mail/return receipt requested at the address set forth in Paragraph 14 of this Lease. Unless otherwise provided, Lessee shall have ten (10) days from the date such notice is mailed in which to cure the default. Upon the occurrence of a default, in addition to all other rights and remedies as provided by law, the LESSOR shall have the right to: (a) terminate this Lease, whereupon Lessee shall quit and surrender the Property to the LESSOR and Lessee shall remain liable for all Rent that may be due up to the time this Lease terminates or the LESSOR takes possession of the Property; (b) reenter and repossess the Property and lock out the Lessee; and (c) cure the breach or default at Lessee's expense. Lessee shall remain liable for all costs, fees and expenses incurred by the LESSOR in curing the default and the same shall be additional Rent payable to LESSOR on demand. 2 B. LESSOR reserves the right at any time, without prior written notice to enter upon the property after it has been determined that an emergency exists. C. The parties acknowledge that LESSOR has certain powers, purposes and responsibilities. To discharge its powers, purposes or responsibilities, LESSOR shall have the right to require Lessee to immediately dismantle and remove any and all improvements from the Property, within forty- eight hours after notice is given to Lessee. Thereafter, LESSOR shall have the exclusive right to enter upon and use the Property, and Lessee shall surrender possession and control thereof to LESSOR. D. Further, LESSOR reserves the right to terminate this Lease by giving written notice to Lessee at least thirty (30) days prior to the date of termination. All rent paid in advance shall be refunded. 7. Lessee will keep all equipment and improvements, if any, placed upon the Property by Lessee, in a safe, clean, and orderly condition; be responsible for all activities on the Property that fall under his control; and will act immediately in response to any notices by LESSOR with reference to the forgoing. It is further understood and agreed as part of the consideration hereof, that Lessee shall be responsible for the maintenance and/or repair of the Property arising out of Lessee's use of the Property. Should any maintenance and/or repair work be deemed necessary, then the decision of LESSOR as to the scope of the required work and the amount of such liability shall control and be binding on Lessee. C 8. LESSOR'S RIGHT TO GRANT EASEMENTS. LESSOR reserves the right to grant easements and rights of way across or upon the Property, for streets, alleys, public highways, drainage, utilities, telephone and telegraph transmissions lines, pipelines, irrigation canals, and similar purposes. 9. INDEMNIFICATION/INSURANCE BY LESSEE. Lessee shall indemnify and save harmless LESSOR and all its officials, agents and employees from and against all losses and expenses incurred because of claims, demands, payments, suits, actions, recoveries, and judgments of every nature and description brought or recovered against them by reason of any injuries to property or person, including death, occurring on the Property, arising out of or in connection with Lessee's use of the Property. During the term of this Lease, Lessee shall obtain and keep in force the following policies of insurance: Worker's Compensation Insurance as required under Title 65.2 of the Code of Virginia. Commercial General Liability Insurance in an amount not less than one million dollars ($1,000,000) combined single limits (CSL). Such insurance shall name LESSOR as an additional insured. Automobile Liability Insurance including coverage for non -owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits (CSL). All policies of insurance required herein shall be written by insurance companies licensed to conduct the business of insurance in Virginia and, acceptable to LESSOR, and shall carry the provision that the insurance will not be canceled or materially modified without thirty days (30) prior written notice to rd LESSOR. Lessee shall provide a certificate evidencing the existence of such insurance. 10. APPLICABLE LAW. This Lease shall be deemed to be a Virginia Lease and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Lease shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. 11. COMPLIANCE WITH ALL LAWS. Lessee shall comply with all laws, rules and regulations of LESSOR and all other governmental authorities respecting the use, operation and activities on the Property, including all applicable environmental Laws, and shall not make or be a party to any unlawful, improper or offensive use of such premises or nuisance thereon. City hereby represents to the Lessee, that to the best of the City's knowledge, without the requirement for independent investigation, no hazardous material such as petroleum products, asbestos and any other hazardous or toxic substance has been used, disposed of, or is located on the leased Property or the soil or groundwater on or under the leased Property. Any costs associated with violations of the law including, but not limited to, remediations, clean up costs, fines, administrative or civil penalties or charges, and third party claims imposed on the City by any regulatory agency or by any third party as a result of the noncompliance with federal, state or local environmental laws and regulations or nuisance statutes by the Lessee or by its employees, contractors, consultants, subconsultants, or any other persons, corporations or legal entities retained by it for the leased Property, shall be paid by the Lessee. 5 It is expressly understood and agreed that Lessee, in no way, represents or acts on behalf of LESSOR or any department thereof. 12. VENUE. Any and all suits for any claims or for any and every breach or dispute arising out of this Lease shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 13. INVALIDITY. If any section, paragraph, subparagraph, sentence, clause or phrase of this Lease shall be declared or judged invalid or unconstitutional, such adjudication shall not affect the other sections, paragraphs, sentences, clauses or phrases. 14. NOTICES. Any notice which may be or is required to be given pursuant to the provisions of this Lease shall be delivered or sent by certified mail, prepaid, return receipt requested, and addressed as follows: If to Lessee, to: DOLPHIN RUN CONDOMINIUM 303 ATLANTIC AVENUE VIRGINIA BEACH, VA 23451 If to LESSOR, to: FACILITIES MANAGEMENT OFFICE CITY HALL BUILDING, ROOM 323 MUNICIPAL COMPLEX, BUILDING 1 VIRGINIA BEACH, VA 23456 15. ENTIRE AGREEMENT. This lease contains the entire agreement between the parties hereto and may not be modified orally or in any manner other than an agreement in writing, signed by all the parties hereto and their respective successors in interest. This lease shall inure to the benefit of and be binding upon the respective heirs, legal representatives, successors, and permitted assigns of the parties hereto. 0 16. SURVIVAL. The representations, warranties, and agreements of the parties contained in this Lease and in all other documents delivered in connection with this Lease shall survive the expiration or sooner termination of this Lease. 17. HOLDOVER. If Lessee fails to surrender the Property on the date that the Term of this Lease expires or terminates, Lessee's continued occupancy shall be deemed to be a tenancy -at -will (and not a tenancy from month -to -month or from year-to-year) cancelable by Lessor upon 48 hours prior oral or written notice, and such tenancy shall be subject to all of the provisions of this Lease, except that Rent during the holdover tenancy shall be equal to twice the Rent in effect immediately prior to the end of the Term. IN WITNESS WHEREOF, the parties hereto have each caused this Lease to be executed by their proper representatives as of the day and year first above written. (SEAL) ATTEST: Ruth Hodges Smith City Clerk CITY OF VIRGINIA BEACH M City Manager/Authorized Designee of the City Manager 7 Les e: SEAL) olphin Run Condominium Association, Inc. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 611-)A M, - � Ato - C, / 16 Facilities Man gement Offi e Department of Management Services Law Department APPROVED AS TO CONTENT: Risk Management 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 of the City of Virginia Beach, on its behalf. He/She is personally known to me. 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 of the City of Virginia Beach, on its behalf. She is personally known to me. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 111)day of �.� 2005, by , , Lessee, on it' half. He/She is personally known to me. .� Notary Public My comm' ion xpires: 9 Hu,°Fwc CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Lease for space for City Owned Property Location — 300 Block Atlantic Avenue MEETING DATE: May 24, 2005 0 Background: C.B.M. Co., t/a Schooner Inn (Schooner Inn) would like to lease .21 acre of property from the City of Virginia Beach (the City) in the 300 block of Atlantic Avenue in the City of Virginia Beach. The City recently acquired the land in the Rudee Loop area. The Schooner Inn leased this small parcel of land from the previous owners. When the City acquired this land, it was understood that the Schooner Inn desired to continue leasing the land until the City was ready to use it for future City projects. This parcel will be used by the Schooner Inn to augment vehicular parking for guests staying at their establishment. The lease is for 12 months and has a thirty -day (30) termination clause in the event the City needs the land prior to the termination of the lease. ■ Considerations: This lease would be for a term of twelve months and the city has a thirty -day (30) termination option. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease Agreement as Presented, Change conditions of the Lease Agreement or deny leasing of subject premises. ■ Recommendations: Approval ■ Attachments: Summary of Terms Ordinance Lease Location map Recommended Action: Approval Submitting DepartRent/Agency: Managem n ices / Facilities Management Office City Manager: al ' SUMMARY OF TERMS LEASE FOR THE USE OF .21 ACRE OF CITY REAL PROPERTY LESSOR: City of Virginia Beach LESSEE: C.B.M. Co. t/a Schooner Inn PREMISES: Approximately .21 acre of City property located near 3'd Street and Atlantic Avenue, being a part of the parcel located at 108 Atlantic Avenue in the City of Virginia Beach. TERM: May 1, 2005 through April 30, 2006 RENT: Rent shall be $19,908, payable either in a lump sum or in equal monthly installments of $1,659.00. RIGHTS AND RESPONSIBILITIES OF SCHOONER INN: • Will use the Premises for overflow parking for its guests and for no other purpose. • Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. • Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Will maintain Automobile Liability Insurance including coverage for non -owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Licensee shall provide a certificate evidencing the existence of such insurance. • Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Will have access to the premises at any time, without prior notice, in the event of an emergency. • Will have the right to require Schooner Inn to surrender possession and control of the Premises to the City upon forty-eight (48) hours notice in the discharge of its powers, purposes, or responsibilities. • Will have the right to grant easements and rights of way across the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: The City may terminate the Lease upon providing thirty (30) days written notice to Schooner Inn. 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR LESS 3 THAN FIVE YEARS WITH THE C.B.M. CO., T/A 4 SCHOONER INN FOR 0.21 ACRE OF CITY 5 OWNED LAND LOCATED NEAR 3RD STREET AND 6 ATLANTIC AVENUE, BEING A PART OF THE 7 PARCEL LOCATED AT 108 ATLANTIC AVENUE 8 IN THE CITY OF VIRGINIA BEACH 9 10 WHEREAS, the City of Virginia Beach ("the City") is the owner of .21 acre of land 11 located near 3rd Street and Atlantic Avenue, being a part of the parcel located at 108 Atlantic 12 Avenue in Virginia Beach, Virginia (the "Premises"); 13 WHEREAS, CBM Company, t/a Schooner Inn ("Schooner Inn") would like to 14 enter into a formal lease arrangement with the City for the Premises shown on Exhibit 15 A; 16 WHEREAS, the Premises will be utilized as an overflow parking lot for the 17 registered guests of the Schooner Inn and for no other purpose; 18 WHEREAS, Schooner Inn has agreed to pay the City $19,908.00, payable either 19 in a lump sum or in equal monthly payments of $1,659 for the use of this property for a 20 twelve-month period; 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 That the City Manager is hereby authorized to execute a lease for a term of less 24 than five (5) years between Schooner Inn and the City, for the Premises in accordance 25 with the Summary of Terms attached hereto and such other terms, conditions or 26 modifications as may be satisfactory to the City Attorney and the City Manager. 27 29 30 31 32 33 34 35 36 37 38 39 40 4421 43 44 45 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2005 APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM 40 .� Signature CA-9527 H:\OID\REAL ESTATE\LEASES\Dolphin Run & Schooner Inn\Schooner Inn.ordinance.doc May 10, 2005 Z7� Signatur Department ARM Qyyj�R S - 3 R TOM )�cs9 47 • i '. .. .. :�dy Y. THIS LEASE AGREEMENT ("Lease"), made this day of 2005, by and between the CITY OF VIRGINIA BEACH (GRANTOR/LESSOR), a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "City" or "Lessor," party of the first part, and C. B. M. Co. T/A SCHOONER INN (GRANTEE/LESSEE), hereinafter referred to as "Lessee," party of the second part. WITNESSETH 1. LEASED PREMISES. That for and in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be observed and performed, LESSOR leases to Lessee and Lessee rents from LESSOR the following property, hereinafter referred to as the "Property", delineated as shaded area upon the attached map labeled "Exhibit A" entitled "EXHIBIT "A" TO BE LEASED TO SCHOONER INN BY THE CITY OF VIRGINIA BEACH", reference being made to said exhibit for a more accurate description thereof. 2. RENT. That for and in consideration of the sum of $19,908.00, payable either in a lump sum or in equal monthly payments of $1,659.00 no later than the 51h of each month, over the term of this agreement, LESSOR does hereby lease and demise unto Lessee the Property. 3. TERM. The term of this Lease shall be for twelve months commencing May 1, 2005 and expiring April 30, 2006. 4. USE OF PROPERTY —PURPOSES. Lessee covenants that the Property shall be used solely for overflow parking for guests staying at the Schooner Inn. This Lease may be terminated on thirty (30) days' notice by LESSOR to Lessee. Lessee shall use the Property only for the purposes listed herein and any other use thereof, unless necessarily incidental to such listed and allowed uses, shall constitute a breach of this Lease and cause its immediate termination. The Property is leased by LESSOR to Lessee "as is," and the sole responsibility for the maintenance and upkeep of the Property shall be with Lessee. 5. ASSIGNMENT AND SUBLEASE. This Lease may not be assigned or transferred, and the Property shall not be sublet, either in whole or in part, by Lessee without LESSOR's prior written consent. 6. TERMINATION AND RIGHT OF ENTRY BY LESSOR. A. In the event that Lessee shall for any reason be in default of the terms of this Lease, the LESSOR may give Lessee written notice of such default by certified mail/return receipt requested at the address set forth in Paragraph 14 of this Lease. Unless otherwise provided, Lessee shall have ten (10) days from the date such notice is mailed in which to cure the default. Upon the occurrence of a default, in addition to all other rights and remedies as provided by law, the LESSOR shall have the right to: (a) terminate this Lease, whereupon Lessee shall quit and surrender the Property to the LESSOR and Lessee shall remain liable for all Rent that may be due up to the time this Lease terminates or the LESSOR takes possession of the Property; (b) reenter and repossess the Property and lock out the Lessee; and (c) cure the breach or default at Lessee's expense. Lessee shall remain liable for all costs, fees and expenses incurred by the LESSOR in curing the default and the same shall be additional Rent payable to LESSOR on demand. B. LESSOR reserves the right at any time, without prior written notice, to enter upon the property after it has been determined that an emergency exists. C. The parties acknowledge that LESSOR has certain powers, purposes and responsibilities. To discharge its powers, purposes or responsibilities, LESSOR shall have the right to require Lessee to immediately dismantle and remove any and all E improvements from the Property, within forty-eight hours after notice is given to Lessee. Thereafter, LESSOR shall have the exclusive right to enter upon and use the Property, and Lessee shall surrender possession and control thereof to LESSOR. D. Further, LESSOR reserves the right to terminate this Lease by giving written notice to Lessee at least thirty (30) days prior to the date of termination. All rent paid in advance shall be refunded. 7. Lessee will keep all equipment and improvements, if any, placed upon the Property by Lessee, in a safe, clean, and orderly condition; be responsible for all activities on the Property that fall under his control; and will act immediately in response to any notices by LESSOR with reference to the forgoing. It is further understood and agreed as part of the consideration hereof, that Lessee shall be responsible for the maintenance and/or repair of the Property arising out of Lessee's use of the Property. Should any maintenance and/or repair work be deemed necessary, then the decision of LESSOR as to the scope of the required work and the amount of such liability shall control and be binding on Lessee. 8. LESSOR'S RIGHT TO GRANT EASEMENTS. LESSOR reserves the right to grant easements and rights of way across or upon the Property, for streets, alleys, public highways, drainage, utilities, telephone and telegraph transmissions lines, pipelines, irrigation canals, and similar purposes. 9. INDEMNIFICATION/INSURANCE BY LESSEE. Lessee shall indemnify and save harmless LESSOR and all its officials, agents and employees from and against all losses and expenses incurred because of claims, demands, payments, suits, actions, recoveries, and judgments of every nature and description brought or recovered against them by reason of any injuries to property or person, including death, occurring on 3 the Property, arising out of or in connection with Lessee's use of the Property. During the term of this Lease, Lessee shall obtain and keep in force the following policies of insurance: of Virginia. Worker's Compensation Insurance as required under Title 65.2 of the Code Commercial General Liability Insurance in an amount not less than one million dollars ($1,000,000) combined single limits (CSL). Such insurance shall name LESSOR as an additional insured. Automobile Liability Insurance including coverage for non -owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits (CSL). All policies of insurance required herein shall be written by insurance companies licensed to conduct the business of insurance in Virginia and, acceptable to LESSOR, and shall carry the provision that the insurance will not be canceled or materially modified without thirty days (30) prior written notice to LESSOR. Lessee shall provide a certificate evidencing the existence of such insurance. 10. APPLICABLE LAW. This Lease shall be deemed to be a Virginia Lease and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Lease shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. 11. COMPLIANCE WITH ALL LAWS. Lessee shall comply with all laws, rules and regulations of LESSOR and all other governmental authorities respecting the use, operation and activities on the Property, including all applicable environmental Laws, and El shall not make or be a party to any unlawful, improper or offensive use of such premises or nuisance thereon. City hereby represents to the Lessee, that to the best of the City's knowledge, without the requirement for independent investigation, no hazardous material such as petroleum products, asbestos and any other hazardous or toxic substance has been used, disposed of, or is located on the leased Property or the soil or groundwater on or under the leased Property. Any costs associated with violations of the law including, but not limited to, remediations, clean up costs, fines, administrative or civil penalties or charges, and third party claims imposed on the City by any regulatory agency or by any third party as a result of the noncompliance with federal, state or local environmental laws and regulations or nuisance statutes by the Lessee or by its employees, contractors, consultants, subconsultants, or any other persons, corporations or legal entities retained by it for the leased Property, shall be paid by the Lessee. It is expressly understood and agreed that Lessee, in no way, represents or acts on behalf of LESSOR or any department thereof. 12. VENUE. Any and all suits for any claims or for any and every breach or dispute arising out of this Lease shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 13. INVALIDITY. If any section, paragraph, subparagraph, sentence, clause or phrase of this Lease shall be declared or judged invalid or unconstitutional, such adjudication shall not affect the other sections, paragraphs, sentences, clauses or phrases. 14. NOTICES. Any notice which may be or is required to be given pursuant to the provisions of this Lease shall be delivered or sent by certified mail, prepaid, return receipt requested, and addressed as follows: If to Lessee, to: CBM Company T/A SCHOONER INN 315 ATLANTIC AVENUE VIRGINIA BEACH, VA 23451 757-422-8826 5 If to LESSOR, to: FACILITIES MANAGEMENT OFFICE CITY HALL BUILDING, ROOM 323 MUNICIPAL COMPLEX, BUILDING 1 VIRGINIA BEACH, VA 23456 15. ENTIRE AGREEMENT. This lease contains the entire agreement between the parties hereto and may not be modified orally or in any manner other than an agreement in writing, signed by all the parties hereto and their respective successors in interest. This lease shall inure to the benefit of and be binding upon the respective heirs, legal representatives, successors, and permitted assigns of the parties hereto. 16. SURVIVAL. The representations, warranties, and agreements of the parties contained in this Lease and in all other documents delivered in connection with this Lease shall survive the expiration or sooner termination of this Lease. 17. HOLDOVER. If Lessee fails to surrender the Property on the date that the Term of this Lease expires or terminates, Lessee's continued occupancy shall be deemed to be a tenancy -at -will (and not a tenancy from month -to -month or from year-to-year) cancelable by Lessor upon 48 hours prior oral or written notice, and such tenancy shall be subject to all of the provisions of this Lease, except that Rent during the holdover tenancy shall be equal to twice the Rent in effect immediately prior to the end of the Term. IN WITNESS WHEREOF, the parties hereto have each caused this Lease to be executed by their proper representatives as of the day and year first above written. CITY OF VIRGINIA BEACH _: City Manager/Authorized Designee of the City Manager 9 (SEAL) ATTEST: Ruth Hodges Smith City Clerk Lessee: (SEAL) CBM Company, T/A Schooner Inn Robert L. Yoder, President APPROVED AS TO CONTENT: APPROVED AS TO Facilities Marlagement Of ce Department of Management Services LEGAL SUFFICIENCY: Law Department APPROVED AS TO CONTENT: Risk Management 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 of the City of Virginia Beach, on its behalf. He/She is personally known to me. 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 of the City of Virginia Beach, on its behalf. She is personally known to me. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this _%Lp_ day of 2005, by , C 60 , Lessee, on its behalf. ,She is personally known to me. Notary PublicV/#"/T/ My commission expires: %-rh%-! ,hW Y — Interstate Primary Roads Streets Parcel Water Bodies SCALE 1 : 1,858 100 0 100 200 300 FEET http://gis-server/am ap/vb_aeria I. mwf Monday, May 09, 2005 2:14 PM CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize acquisition of property in fee simple for the right of way associated with the 301h Street phase of the Laskin Road Gateway Project - CIP 2-076, and the acquisition of temporary and permanent easements, either by agreement or condemnation. MEETING DATE: May 24, 2005 ■ Background: 301h Street - This phase of the project is for the construction of a three - lane roadway from Pacific Avenue to a new intersection with Laskin Road just west of the Farm Fresh property. Lane configuration is proposed as two eastbound lanes and one westbound lane. Traffic signals will be installed at each intersection along this roadway: Pacific Avenue, Arctic Avenue, Baltic Avenue, and the new intersection at Laskin Road. Aesthetic enhancements are planned along this roadway and include, but are not limited to, pedestrian zones (brick pavers accents with concrete frames), landscaping, and aesthetically enhanced pedestrian crosswalks. This roadway is part of the Laskin Road Gateway Project and is a City funded project. ■ Considerations: The Department of Public Works is requesting that City Council grant the authority to acquire, by agreement or condemnation, all of the real property and easements (temporary or permanent) associated with Laskin Road Gateway Project — 30th Street, CIP 2- 076. Funding for the acquisition has been appropriated. Acquisition will be administered by the City of Virginia Beach, through the Public Works Office of Real Estate, and if condemnation is necessary, through the City Attorney's Office. ■ Public Information: The project was presented to City Council on March 9, 2004. A Citizen's Information meeting was held on May 19, 2004 and the results were presented to City Council on June 15, 2004. Additional presentations have been given to the Resort Advisory Committee, the Resort Retailers Association, the Hotel/Motel Association, and the North End Civic League. ■ Alternatives: Adopt the Ordinance and authorize the acquisition of the necessary property and easements — Do not adopt the Ordinance. ■ Recommendations: Adopt the Ordinance to allow acquisition, by agreement or condemnation, of all the necessary property and easements associated with the project. ■ Attachments: Ordinance and Location Map Recommended Action: Approval `— Submitting Deparp ent! gency: Public Works —L-1W City Manager: �4,,- 1 AN ORDINANCE TO AUTHORIZE ACQUISITION 2 OF PROPERTY IN FEE SIMPLE FOR THE RIGHT 3 OF WAY ASSOCIATED WITH LASKIN ROAD 4 GATEWAY — 301h STREET PROJECT, CIP 2-076 5 AND THE ACQUISITION OF TEMPORARY AND 6 PERMANENT EASEMENTS, EITHER BY 7 AGREEMENT OR CONDEMNATION 8 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public 11 necessity exists for the construction of this important roadway project to improve transportation 12 within the City and for other related public purposes for the preservation of the safety, health, peace, 13 good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City Council authorizes the acquisition by purchase or condemnation 17 pursuant to Sections 15.2-1901, et seq., Sections 33.1-89, et seq., and Title 25.1 of the Code of 18 Virginia of 1950, as amended, of all that certain real property in fee simple, including temporary and 19 permanent easements and entire tracts upon which such rights of way or easements shall be located, 20 within the limitations and conditions of Section 33.1-91 of the Code of Virginia of 1950, as amended 21 (the "Property"), as shown on the plans entitled "Laskin Road Gateway — 30t' Street" (the "Project") 22 and more specifically described on the acquisition plats for the Project (plats and plans collectively 23 referred to as the "Plans"), the Plans being on file in the Engineering Division, Department of Public 24 Works, City of Virginia Beach, Virginia. 25 Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf 26 of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners 27 or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to 28 institute proceedings to condemn said Property. 29 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 30 1 , 2005. 31 32 33 34 35 W. 37 38 39 40 41 42 43 44 45 46 47 CA9BOIT PREPARED: 04/14/05 APPROVED AS TO CONTENT �CMJK C. 'GIWS4, SIGNATURE PLO eEfil Es-0 tur-1 NZI I APPROVED AS TO LEGAL SUFFICIENCY AND FORM 6" W),-- CITY ATTORNEY 48 f:/data/bid/realestate/acquisitions/working-codd/acquisitionordinances/ca9398 ordinance.docl oX I im N LOCATION MAP SHOWING LASKIN ROAD GATEWAY PREPARED BY PNV ENG. DRAFT. 29-APR-2005 x vs xi?! r wS• N.i�r�i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment Request — Construct and Maintain planters, surface grates, lights and colored pavement requested by Gladys L. Maddox MEETING DATE: May 24, 2005 ■ Background: Gladys Maddox has requested to construct and maintain thirteen (13) planters with trees, two (2) surface grates, four (4) marlin lights, and colored pavement (roundabout) in the right-of-way at 7th Street and Atlantic Avenue. ■ Considerations: City staff has reviewed the request for the proposed encroachment and has recommended approval of same, subject to conditions outlined in the agreement. ■ Public Information: Advertisement of City Council Agenda. ■ Alternatives: Approve encroachment with recommended conditions, deny the request 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, and Plat Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate � City Manager: �? ✓�t�G ��/ / � r i� 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE RIGHTS -OF -WAY 6 KNOWN AS 7T" STREET AND OCEAN 7 AVENUE, BY GLADYS L. MADDOX 8 HER HEIRS, ASSIGNS AND 9 SUCCESSORS IN TITLE 10 11 WHEREAS, Gladys L. Maddox desires to construct and maintain thirteen (13) 12 planters with trees, two (2) surface grates, four (4) marlin lights, and colored pavement 13 (roundabout), upon the City's rights -of -way located at 703 Atlantic Avenue. 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 15 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 16 City's right-of-way subject to such terms and conditions as Council may prescribe. 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 21 22 23 24 25 26 27 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Gladys L. Maddox her heirs, assigns and successors in title are authorized to construct and maintain temporary encroachments for thirteen (13) planters with trees, two (2) surface grates, four (4) marlin lights, and colored pavement (roundabout) in the City's rights -of -way as shown on the plat entitled: 7th STREET PARK — DAIRY QUEEN GPIN: 2427-23-8783", a copy of which is attached and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the 29 30 31 32 33 34 35 36 37 38 WC 40 41 42 43 44 45 46 47 48 49 50 51 52 City of Virginia Beach and Gladys L. Maddox (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Gladys L. Maddox and the City Manager or his authorized designee execute the Agreement. day of Adopted by the Council of the City of Virginia Beach, Virginia, on the 2005. �4PPR0VED AS TO CONTENTS } S C. X,use, GNATURE ¢t f DEPARTMENT APPROVED AS TO LEGAL SU FIC ENCY FORM CI TT,AND EY CA-9531 PREPARED: 5/9/05 F;IDataIATYIOrdin'`NONCODEIPW ORDINICA9531 Maddox.doc lj PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE 'EXEMPTED FROM RECORDATION TAXES � UNDER SECTION 58.1-811(c) (3) THIS AGREEMENT, made this 26t' day of Aril, 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and GLADYS L. MADDOX, HER 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 "BLOCK 1 LOTS 5 & 6" as shown on "PLAT OF THE OCEAN LOT INVESTMENT CO. VIRGINIA BEACH, VA. SCALE 1"=100' JULY 1, 1922", and being further designated and described as 703 Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain thirteen (13) planters with trees, two (2) surface grates, four (4) marlin lights, and colored pavement (roundabout), "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 rights of way known as 7tn Street and Ocean Avenue "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2427-23-8783 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: 71'H STREET PARK DAIRY QUEEN GPIN. 2427-23-8783," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 1) 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 that there will not be a valet operation in the roundabout located at the most eastern portion of 7th Street. 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 submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within The Encroachment Area. It is f i ther expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 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, Gladys L. Maddox, the said Grantee has caused this Agreement to be executed by her 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 (SEAL) ATTEST: City Clerk 12���f- Gladys L. ' addox 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 1 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 VIRGINIA CITY/CUUXXKP OF VIRGINIA BEACH , to -wit: The foregoing instrument was acknowledged before me this 26th day of April , 2005, by Gladys L. Maddox. My Commission Expires: August 31, 2006 APPROVED AS TO CONTENTS SIGNATURE DEPARTMENT Notary Public APPROVED AS TO LEGAL SUFFICIENCY AND FORM G:\USERS\SHARED\WP80\RE\Rea1 Estate Forms\WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doe L r — — — PROPOSED X EXISTING MARLIN LMIT LIGHT EMOL 'ENCROACHMENT TO BE RELOCATED POLEAIN — — — -' AREA RELOCATED x— TO REMOVE PROPO_ LIGHT PLANTER PROPOSED ibaa pL,� WITH ---z,---100.a--►i TREE ITYP) — — —WATER R. Civil Engineers Land Surveyors Land Planners Landscape Architects 757.431.1041 pro j. no. 204-1224 sheet 1 of 3 drawing no. C-1.0 ATLANTIC AVE date: 05/09/05 file: EXHIBIT .dwg tech: DJC proj.man.: MPF principle: WDA COMMENTS: EXISTING RAMADA INN i i project: 7TH STREET PARK DAIRY QUEEN GPIN, 2427-23-8783 scale: drawing title: V-50' I ENCROACHMENT EXHIBIT (M.B. 6,PG. 263) PROPOSED PALM TREE PLANTNO AREA Civil Engineers Land Surveyors Land Planners Landscape Architects 757.431.1041 proj. no. 204-1224 sheet 2 of 3 drawing no. C_I PROPOSED LOCATION OF NAPROVEbENTS AND RELOCATED MARLIN LK*HT8 date: 05/09/05 COMMENTS: file: EXHIBIT .dwg tech: DJC proj.man.: MPF principle: WDA project: 7TH STREET PARK DAIRY QUEEN GPIN= 2427-23-8783 scale: drawing title: V-50' I ENCROACHMENT EXHIBIT (M.B. 6,PG. 263) VIEW N FLOW, LOOKNO SOUTH WEST AT EXISTM RAMADA kLandscape Engineers d Surveyors Land Planners Architects 757.431.1041 j. no. 204-1224 et 3 of 3 drawing no. C-1.2 VIEW N R.O.W, LOOKNO SOUTH EAST AT EXISTING RAMADA VIEW N R.O.W, LOOKING EAST AT BEACH VIEW N R.O.W. LOOKING WEST AT ATLANTIC AVE. date: 05/09/05 COMMENTS: file: EXHIBIT .dwg tech: DJC proj.man.: MPF principle: WDA Project: 7TH STREET PARK DAIRY QUEEN GPIN= 2427-23-8783 scale: drawing title: V- 50' ( ENCROACHMENT EXHIBIT (M.B. 6,PG. 263) weeq'� CITY OF VI�R`yWGTv�hNIf IA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $146,846 From the DEA Seized Property Special Revenue Fund to the Police Department's FY 2004-05 Operating Budget for the Purchase of Equipment and Canines MEETING DATE: May 24, 2005 ■ Background: The Police Department requests funds to purchase equipment and two canines through DEA Seized Property Funds. This equipment includes five forensic alternate light sources for crime scene processing ($20,000); furniture and office equipment for the police offices at the Blackwater Training Facility ($38,150); a Mounted Patrol horse trailer to accommodate the transportation of horses to other areas of the city, including Town Center ($16,000); digital voice recording equipment for transcription of investigative reports ($56,796); various equipment for use in criminal investigations ($7,300); and two replacement canines for the Canine Unit ($8,600). In most cases, funding has been requested in previous budgets, but has not been approved due to funding limitations. The replacement canines, which come fully trained and guaranteed, are needed to replace two canines that are retiring due to age. The forensic light source kits are needed to enhance our ability to process crime scenes for latent evidence. The digital recording equipment will allow approximately 175 investigative personnel to use digital devices to record investigative reports rather than the old and outdated tape devices. Office equipment is needed for training staff that will be located on a daily basis at the Blackwater Training Facility. Another horse trailer will provide an opportunity to move mounted patrol units to additional areas of the city. ■ Considerations: Funds are available in the DEA Seized Property Fund to cover the costs associated with these requests. ■ Public Information: Public Information will be provided through the normal process of publicizing the Council Agenda. ■ Alternatives: Several of these items have been requested in a past or the current budget process but have not been funded due to the lack of general fund dollars. If not funded through this agenda request, they will continue to be requested in the budget process or explored if grant funds become available. Most of these items have not been eligible for funding through recent grants. ■ Recommendations: It is recommended that $146,846 from the Shared Asset Fund be used to fund these projects. ■ Attachments: Ordinance Recommended Action: Approval Submitting Depart ent/Agency: Police Department City Manager: ��/o 1 AN ORDINANCE TO APPROPRIATE $146,846 FROM 2 THE DEA SEIZED PROPERTY SPECIAL REVENUE 3 FUND TO THE POLICE DEPARTMENT'S FY 2004- 4 05 OPERATING BUDGET FOR THE PURCHASE OF 5 EQUIPMENT AND CANINES 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 10 11 12 13 14 15 1. That $146,846 is hereby appropriated from the DEA Seized Property Special Revenue Fund to the Police Department's FY 2004-05 Operating Budget for the purchase of equipment and canines. 2. That estimated revenue in the FY 2004-05 Operating Budget from the DEA Seized Property Fund is hereby increased by $146,846. Adopted by the Council of the City of Virginia Beach, 16 Virginia, on the day of 2005. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT Management Services / APPROVED AS TO LEGAL SU F C E C�YN.. �% �Vt City Attorney's Office CA9617 H:\PA\GG\ORSRES\DEA Seized Property Fund ORD R-1 May 11, 2005 mu He1i. C - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Approve the Transfer of $3,045,000 within the FY 2004-05 School Board Operating Budget MEETING DATE: May 24, 2005 ■ Background: The FY 2004-05 School Operating Budget was appropriated by City Council by categories and any transfer of funds between the categories must be approved by City Council prior to transfer and expenditure of funds by the School Board. ■ Considerations: On April 19, 2005, the administration of the Virginia Beach City Public Schools presented a mid -year review of the FY 2004-05 Operating Budget and indicated that approximately $9.08 million of appropriated funds were available. The School administration recommends and the School Board affirms that the $9.08 million be allocated as detailed on the attached Resolution Regarding FY 2004-05 Spending Plan and Request for Categorical Transfer. In order to effect these purchases, $3,045,000 must be transferred from the Instruction category to the Transportation and Operations and Maintenance categories. The School Board, in a resolution dated May 3, 2005, requests that the City Council approve categorical transfers as follows: • $2,020,000 from Instruction to Transportation • $1,025,000 from Instruction to Operations and Maintenance ■ Public Information: Public Information will be handled through the normal Council Agenda notification process. ■ Alternatives: $3,045,000 in excess funds in the Instruction category would "revert" to the City at the end of the fiscal year, and needed equipment and services in the Transportation and Operations and Maintenance categories would not be purchased. ■ Recommendations: It is recommended that the City Council approve the transfer of $3,045,000 in the FY 2004-05 School Operating Budget from the Instruction category to the Transportation and Operations and Maintenance categories as described above. ■ Attachments: School Board Resolution dated May 3, 2005, and Ordinance Recommended Action: Approve Ordinance Submitting Department/Agency: cVirginia Beach City Public Schools City Manager: 1 AN ORDINANCE TO APPROVE THE 2 TRANSFER OF $3,045,000 WITHIN 3 THE FY 2004-05 SCHOOL BOARD 4 OPERATING BUDGET 5 WHEREAS, the School Board adopted a resolution on May 3, 6 2005, recommending the transfer of funds from the Instruction 7 category to the Transportation category and the Operations and 8 Maintenance category to purchase needed materials and equipment. 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA: 11 That the School Board's transfer of $3,045,000 from the 12 Instruction category of the FY 2004-05 School Board Operating 13 Budget, consisting of $2,020,000 to the Transportation category, 14 and $1,025,000 to the Operations and Maintenance category, is 15 hereby approved. 16 Adopted by the Council of the City of Virginia Beach, 17 Virginia, on this day of May, 2005. APPROVED AS TO CONTENT: Department of Management Services APPROVED AS TO LEGAL SUFFICIENCY: V V City Attorney' s Office CA9612 R-3 P&A/GG/OrdRes/School Board Mid -Year Categorical Transfer.ORD May 17, 2005 4IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE SCHOOL BOARD RESOLUTION REGARDING FY 2004/05 SPENDING PLAN AND REQUEST FOR Daniel D. Edwards CATEGORICAL TRANSFER Chairman District 1 - Centervale 1513BeahhwiewDrive WHEREAS, On April 19, 2005, the Adm inistration presented to the School Board a mid -year VA Beach, VA 23464 review of the FY 04/05 Operating Budget which indicated that approximately $9,080,098 million of 495.3551 (h) . 717-0259 (cell) $588,494,966 or 1.5% of the FY 04/05 appropriated funds were available; and Sandra SmitWones Vice Chairman WHEREAS, on April 19, 2005 the administration made recommendations regarding the uses of 705 Rock Creek the FY 04/05 available funds; and; 705 Raek Creek Court VA Beach, VA 23462 490.8167 (n) WHEREAS, the Sohool Board FY 2005/2006 Operating Budget adopted on March 8, 2005 did not Rita SweetBelitto include funding totaling $ 5,092,976 that was an integral part of the FY 2005/2006 Estimate of ANarre Needs presented February8, 2005; and P.O. Box 64909 4 1M jA 23467 WHEREAS, the items included in this $5,092,976 are necessary for the continued operation of the ,lane s. Brooks school system; and ch 721 District op Road WHEREAS, the administration recommends that the $9.08 million be allocated as follows: 721 Hanop Raad VA Beach, VA 23454 $ 2,600.000 for the Instructional Technology Replacement Cycle 425-1597 (h) $ 1,200.000 for the Bus Replacement cycle Forma L. "Em" Davis . $ 1,187,122 for an enterprise K-12 grade book program District 5 - Lynnhaven 1125 Michaelwood Drive • $ 750,000 for School Plant general Maintenance and Repair VA Beach, VA 23452 $ 660,000 for vehicle replacement 34o-es11(n) • $ 700,000 for Employee Self Service of WISE and additional programming and upgrades At -Large Fisainger, Sr. $ 370,400 to purchase calculators for middle and high schools as mandated by the State for 05106 testing 412 Becton Place $ 350,000 for Read 180 materials for high schools 48 each,) 23452 $ 314,470 for instructional materials required for the opening of Three Oaks Elements School 466-4567(h) ' q P 9 Elementary Dan FIL Lowe $ 265,000 to replace servers throughout the district District 4 - Bayside 0 $ 238,000 for equipment for the Technical and Career Education Center 4617 Red Coat Road $ 150,000 to replace 2-way radios used in bus transportation VA Beach, VA 23455 490-3681(h) $ 131,000 to purchase software for the opening of Three Oaks Elementary School Michael W. Stewart $ 50,000 to purchase custodial equipment for the opening of Three Oaks Elementary School District 3 - Rose Hall $ 27,500 to purchase secondary sheet music 105 Brentwood Court $ 23,606 to purchase equipment for Student Activities VA Beach, VA 23452 P 498-4303 (h). 445-4637 (w) . $12,000 to purchase copier/printer for Technology Arthur T.Tate $ 11,000 for computers at Open Campus High School and Virginia Beach Central Academy At -Large 0 $ 10,000 to purchase Laptops for on-line leaming staff 1709 Ladysmith Mews VA Beach, VA 23455 0$ 10,000 to purchase secondary theatre scripts 460.5451(h) $ 10,000 for copiers for transportation offices Carolyn D. Weems . $10,000 to purchase computer equipment for School Plant, and At -Large 1420 Claudia Drive WHEREAS, the Board approves and affirms the recommended uses of the FY 2004/2005 VABeach.) 23455 Operating funds as resented b the Administration; and 464-6674 (h) P 9 P Y Lois S. Williams, Ph.D. WHEREAS, categorical transfers are necessary to facilitate these purchases; and District 7 - Princess Anne va ee n vea I234Court WHEREAS, any transfer of funds between categories must be approved by City Council prior to 233.0891 (w) transfer and expenditure of funds by the School Board. SUPERINTENDENT Now, therefore, be it Timothy R.Jenney,Ph.D. RESOLVED: That the Board approves and affirms the recommended uses and directs the 2512 orge Mason Drive VA Beach, VA 23456 Administration to proceed with expending/encumbering/transferring items that do not require -a 263-1007 categorical transfer, and be it School Administration Building • 2512 George Mason Drive • P.O. Box 6038 0 Virginia Beach, VA 23456-0038 RESOLUTION REGARDING FY 2004/05 SPENDING PLAN AND REQUEST FOR CATEGORICAL TRANSFER (continued) Page 2 of 2 FUTHER RESOLVED: That the Board requests the City Council to approve categorical transfers as follows: • $ 2,020,000 from Instruction to Transportation • $ 1,025,000 from Instruction to Operations and Maintenance and be it FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 3rd day of May 2005. SEAL Attest: a'X�,O�.n.r..e.• t7 r!�.�ech, Dianne P. Alexander, Clerk of the Board CERTIFIED TO BE A TRUE AND CORRECT COPY . Cler c, ScHoolBoard of the — City of Virnir,�~ K. PLANNING 1. Application of S & J, L.L.C. for the discontinuance, closure and abandonment of a portion of First Street (DISTRICT 3 — ROSE HALL) 2. Application of DAM NECK SQUARE APARTMENTS, L.C. re Modification of the Dam Neck Estates PD-Hl Land Use Plan and Conditional Change of Zoning from PD-Hl Planned Unit Development to 0-1 Office District, at Dam Neck Road, approximately 1200 feet west of General Booth Boulevard (DISTRICT 6 — BEACH) 3. Application of LAND & BUILDING IV. L.C. for the Modification of Proffer Number I on a Conditional Change of Zoning (approved by City Council on March 28, 2000 Troy A. Titus), re access to a strip retail center at 5221 Indian River Road (DISTRICT 1 — CENTERVILLE) 4. Application of PLATINUM HOMES, L.L.C. for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional A-24 Apartment District at 484,492 and 508 Dam Neck Road (DISTRICT 7 — PRINCESS ANNE) 5. Application of FRONTIER DEVELOPMENT, L.L.C. for a Change of Zoning District Classi acation from Conditional I-1 Light Industrial District to Conditional B-2 Community Business District at 5824 Northampton Boulevard (DISTRICT 4 — BAYSIDE) NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, May 24, 2005, at 6:00 p.m. The following applications will be heard: DISTRICT 6 - BEACH 1. Dam Neck Square Apartments, L.C. Application: Modify the Dam Neck Estates PD-H1 Land Use Plan and Conditional Change of Zoning from PD-H1 Planned Unit Development to 0-1 Office on the north side of Dam Neck Road, approximately 1200 feet west of General Booth Boulevard (GPIN 24154528510000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located sub= urban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of the modifi- cation is to use a currently undeveloped portion of the site for an office complex. DISTRICT 7 - PRINCESS ANNE 2. Platinum Homes, L.L.C. Application: Change of ZoninE District Classification from AG-1 and AG-2 Agricultural to Conditional A-24 Apartment at 484, 492.and 508 Dam Neck Road (GPINs 24254533750000; 24254514150000; 24254594070000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan- The purpose of the zon- ing change is to develop the site with 86 dwelling units at a density of 8.7 units per acre. DISTRICT 4 - BAYSIDE 3. Frontier Development, L.L.C. Application: Change of Zoning Dis trict Classification from Conditional 1-1 Light Industrial to Condi- tional B-2 Community Business at 5824 Northampton Boule- vard (GPIN 14589838430000). The Comprehensive Plan designates this site as being part of the Northampton Boulevard Corridor Area, recommended for corporate, industrial and asso- ciated uses consistent with the policies of the Comprehensive Plan. The purpose of the zoning change is to develop the site for restaurant and retail uses. DISTRICT 3 - ROSE HALL 4. S & 1, L.L.C. Application: Discontinuance, closure and aban- donment of a portion of First Street beginning onthe east side of South Kentucky Avenue and extending 100 feet in an east- erly direction. DISTRICT 1 - CENTERVILLE 5. Land & Building IV, L.C. Application: Modification of Proffers for a Conditional Change of Zoning application approved by City Council on March 28, 2000 (Troy A. Titus) at 5221 Indian River Road (GPIN 14654704140000). The Comprehensive Plan des- ignates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Compre- hensive Plan. The purpose of the requested modification is to develop the site for a strip retail center rather than the previ- ously approved office building. All interested citizens are invited to attend Ruth Hodges Smith, MMC City Clerk Copies of the proposed ordinances, resolutions and amend- ments are on file and may be examined in the Department of Planning. For information call 427-4621. 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 at 427-4305. (TDD - Telephonic Device for the Deaf). The Planning Commission Agenda is available through the City's Internet Home Page at : httr)://www.vbaov.com/planninPcommission Beacon Mav 8 & 15. 2005 1 :z1 AQI)7 a Gloria Winkler - SandJ.doc Page 1 Street Closure p4 '�aN'+.y+yyb'Lq CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: S & J, L.L.C. — Street Closure (portion of First Street) MEETING DATE: May 24, 2005 ■ Background: An Ordinance upon Application of S & J, L.L.C. for the discontinuance, closure and abandonment of a portion of First Street beginning on the east side of South Kentucky Avenue and extending 100 feet in an easterly direction. DISTRICT 3 — ROSE HALL ■ Considerations: The applicant is requesting to close a 5,041 square foot section of First Street adjacent to the applicant's properties. The applicant owns property to the north and south of the subject site and intends to develop 6 duplex structures. Four of the duplex lots will be to the south of the street closure site and have already been platted. The applicant owns three nonconforming 30' wide lots to the north of the site. He has the right currently to put a duplex on each lot, provided all city requirements are met or variances obtained. Instead, the developer desires to resubdivide the three lots with the street closure site to create two larger duplex sites. The resubdivision and incorporation of the First Street area will allow for a wider duplex to be constructed and for more open space between the duplex structures. The proposed street closure will facilitate a better residential development pattern at this location and is recommended for approval subject to the conditions listed below. With the adjoining townhouse development, Avenue L will terminate in a cul-de-sac and a drainage pond has been developed in the First Street right-of- way immediately to the east. Therefore, this portion of First Street will not be improved for public access. The Viewer's Committee has reviewed this request and finds that there will be no public inconvenience from the closure and abandonment of this right-of-way. ■ Recommendations: Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: S & J, L.L.C. Page 2 of 2 The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. The applicant shall provide a 10' wide pedestrian easement within the required 20' public utility easement through the property. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/A ency: Planning Department City Manager: �-'. S. & J., L.L.C. Agenda Item # 14 April 13, 2005 Public Hearing Staff Planner: Karen Prochilo REQUEST: Street Closure for a portion of First Street. >f � � �r;,nr ■ r. � ran irr - tl1E I ADDRESS / DESCRIPTION: Property located on an unimproved section of First Street beginning on the East side of S. Kentucky Avenue and extending 100 feet in an easterly direction. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14871317980000 3 — ROSE HALL 5,044 square feet 14871380080000 SUMMARY OF REQUEST The applicant is requesting to close a 5,041 square foot section of First Street adjacent to the applicant's properties. The applicant owns property to the north and south of the subject site and intends to develop 6 duplex structures. Four of the duplex lots will be to the south of the street closure site and have already been platted. The applicant owns three nonconforming 30' wide lots to the north of the site. He has the right currently to put a duplex on each lot, provided all city requirements are met or variances obtained. Instead, the developer desires to resubdivide the three lots with the street closure site to create two larger duplex sites. The resubdivision and incorporation of the First Street area will allow for a wider duplex to be constructed and for more open space between the duplex structures. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Unimproved right-of-way. SURROUNDING LAND North: Single-family residential / A -12 Apartment District USE AND ZONING: South: Single-family residential / A -12 Apartment District East: The right-of-way immediately east of the subject site has been developed with a drainage pond to serve an 18 unit townhouse development proposed along the west side of Avenue L. Avenue L is being improved and will also drain into this pond. Existing townhouses zoned A-12 Apartment District are located across Avenue L. West: Across S Kentucky Avenue are single-family and duplex residential and Runaway Bay Apartments / A -12 and A -18 Apartment Districts NATURAL RESOURCE AND The site does not appear to have any significant historical, cultural or CULTURAL FEATURES: environmental features. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES PUBLIC WORKS: There are no public drainage facilities in the right-of-way proposed for closure. There is a drainage pond located in the right-of-way immediately adjacent to the east that provides drainage for Avenue L and the townhouse development to be constructed on the west side of Avenue L. WATER: There are no public water facilities in the right-of-way proposed for closure. SEWER: An adjacent development has a proposed 8-inch sewer connection located within the proposed closure. A 20-foot wide public utility easement would be required if the street were closed. No encroachments would be permitted within the utility easement. PRIVATE UTILITIES: Virginia Natural Gas, Hampton Roads Sanitation District and Dominion Virginia Power do not have facilities in conflict within the area proposed for closure. COMPREHENSIVE PLAN The Comprehensive Plan designates this area to be in the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. This means that the established type, size and relationship of land use in and around these neighborhoods serve as a guide when considering future development. EVALUATION AND RECOMMENDATION The proposed street closure will facilitate a better residential development pattern at this location and is recommended for approval subject to the conditions listed below. With the adjoining townhouse development, Avenue L will terminate in a cul-de-sac and a drainage pond has been developed in the First Street right-of-way immediately to the east. Therefore, this portion of First Street will not be improved for public access. The Viewer's Committee has reviewed this request and finds that there will be no public inconvenience from the closure and abandonment of this right-of-way, subject to the conditions listed below. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. The applicant shall provide a 10' wide pedestrian easement within the required 20' public utility easement through the property. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 'hai�a ace ©r, Q. IT - ILI ca S r S Kentucwy=---��" .N d Virg' is Ave. West OF _q i t 4 LOT 10A, BLOCK 1, NIP 1 t j f SCOT A. FERGUSON ; A1tGNELt.E f FERGUSON 1487-13-7286 {0.$. 4097, P. 872) a { N:34732,16. lye (� A 269, P. 68) 49• �P E.' 12161738:2T �M 7 -- 1 _ a LOTS 16-t9, BLOCK 1, N/P DCFANW HOMES, 4 L.LC 14 -A _ ,�. = BLOCK] 148 7-13-8290 (1NS?R. No. u 200405040069708) . (t4.8. 4, P. 151) •. 'T -- � E ?00� o � � -- , k � 7,49" N 83'0 _ G C S >.._ 14~B �1 r, M 3473146.94 .218?749.031 `Q�� -,.:T 'rye .'3 th a'cu ;// �t� �• /87 9. /•` / PROpoz, CL SLRE // fRSTSTREET 130)1 N 83'06 01 e t 1 A h2 I' (,NST,4..4 2004127,60197531) 4 (U.S. 7, ?. 30) 40"�t `4-)2Pcq V04067—exhibit.dwg SCALE: 1"=25' RJT/wcg. STREET CLOSURE Ex110T ELLAM A PORTION OF FIRST STREET ',-_-- B�LOC,tA Kfil i2 ERV47ITZ -MIDWAY—' FNGINEER1NG-SLfRV'r'YLNG-:'LRNNING �.ura.n7na;.aarvesarr: �u. v�ac:,�, ne:.,pi. va z:wsa 14R7N:A S3E'AC9 Y.44GiNIA (1511) U.Ws f.kl dosr.;au.xo? 1 f 1 LOT 10A. BLOCK 1, N/F i SCOT A. FERGL,ISOV 1 & MICHE1LE FERCUSON 1487-13-7286 (O.B. 4097. P. 872) l� N 347;523G.29 1 10C.00`-41 E 1218?7M.27"_E r 1 LOTS '6-t9, BLOCK 1, N/F i 14 A L LL C. 1487—13-8290 I `LICK `� o, (1NSTR. No. 1 w 200405040069708) 4, P. }9t) 7, f I' agESS/cg E cc}d'. o E0pE55_- v Z ! o� Eif_RE0BT5 £STA w ~I 1 4-B of 0� 0ti N.3473146.94 E: 1218?749.03 H aL f b'.SCA" l` PROPO- CLOSURE, / o r s .rE�r- Z W }MPRC11E0 ur~ E l A (rVSZF?. # 2004➢2ic0197531) �1 1 (U.S. 7. P. 30) pn �v'aY Lit �l �j SCALE- , "=25' STREET CLOSURE EXHIBIT A PORTION OF FIRST STREET BLOCK 1 -/;wrs Ll.,(Oo-r MIDWAY 1 —,-..._..,...,, WRCiNIk BEACH 'O;ZGtN,'A V04067_exNbitdwq RJT/wcq ERWITZ 'A-1 % W m O H Q W Q p U. W O co coO D V m 0 Q a Map F-7 S. and _/ L li 4— Rlnt to Srrla •. •* • • • 1 04/28/98 2 05/24/94 3 06/10/85 4 04/09/84 5 02/24/84 6 10/12/81 Zoning Change from A-12 & 0-2 to conditional R-5S Zoning Change from A-12 to conditional R- 5S Zoning Change from A-1 to conditional 0-1 Street Closure Zoning Change from B-2 to conditional A-2 Zoning Change from A-1 to A-2 Granted Granted Granted Denied Granted Withdrawn 0 Cl) i Z O N 3 W 11 r!ORR get C is E Zfl c z w »"�3k S A j3 g ( j11 5g# X E O �Q4 if m j a 15 mm pa et_ Item # 14 S & J, L.L.C. Discontinuance, closure and abandonment of a portion of First Street beginning on the south side of South Kentucky Avenue District 3 Rose Hall April 13, 2005 REGULAR Joseph Strange: The next item is Item #14, S & J, L.L.C. It's an Ordinance upon Application of S & J, L.L.C., for the discontinuance, closure and abandonment of a portion of First Street beginning on the east side of South Kentucky Avenue and extending 100 feet in an easterly direction, District 3, Rose Hall with four conditions. Eddie Bourdon: Thank you Mr. Secretary. Eddie Bourdon, a Virginia Beach attorney representing the applicant. We have here a street closure on South Kentucky Avenue, an unimproved paper street. Adjacent to the unimproved paper street that has come before you for closure are three 30-foot wide lots. Again, about a century ago that front on South Kentucky Avenue that is zoned apartment zoning. The least that can be put on each of those three 30 foot wide lots is a duplex. We cannot put a single-family home on apartment zoned property. The applicant in this case bought the underlying fee in the street and intended to come forth and close it and to put a duplex on it. He was going to resubdivide the three lots adjacent to the north into two lots. Once in this process it was determined there was a sewer easement that runs through the middle of this street, and therefore he is not in a position to be able to close and get any more units out of it. So, the City gets the tremendous benefit here with this street closure of having the three 30 foot wide lots to the north, resubdivided into two lots. One, which would be 52 feet wide and the other one, which would be 87 feet wide upon which duplexes will be built that will be eas;ly access in and out on South Kentucky. It will meet all setback requirements. It will not need any variances whatsoever. In addition, there will be duplexes built on the lots to the south this closed street, which have already been resubdivided. There were a total of six 30 foot wide lots and have been resubdivided into a total of 4 lots, upon which duplexes will be built without the necessity for a variance. The street being closed, the 20 feet down the middle will remain unutilized open space, as will the 15 feet south of the 20-foot easement. In other words, there will be 35 feet of this street from the southern side from here north that will be unused. The northern 15 feet may have driveway in it for the duplex that will be built on the north side of the street that is to be closed. Clearly, this is a far, far superior land use pattern on this side of South Kentucky Avenue than developing 30-foot wide lots. The issues that you all discussed this morning dealing with the BMP and the property behind are not issues that are germane to the closure from our perspective, so we don't have any comments on any of those. That is showing how the lots will be resubdivided but at no additional units are being in gendered by this. In fact, again, we would be avoiding coming in for a down zoning to single-family as to develop the 30 foot wide lots that are there today with this. I'll be Item #14 S & J, L.L.C. Page 2 happy to answer any questions. The conditions as recommended by your staff are all acceptable to the applicant. Dorothy Wood: Mr. Miller. Robert Miller: Eddie, I'm just trying to understand this site plan. What is that telling me? Eddie Bourdon: This is telling you that we are vacating property lines. This new lot will be as shown here. This is just showing where the building setbacks would be. What's going to happen because this 20-foot sewer line running through and the 15 feet on this side, which none of it will be used. The house over here will be setback 10 feet from that property line. You will have a total of actually of 45 feet before you will get to some driveway and parking here. Now this is actually showing parking will be internal. This layout was done when they were looking at putting in the unit here, which cannot happen. Robert Miller: That is what my confusion was. So they're only going to substitute two buildings is that what it is? Eddie Bourdon: All there going to do is two buildings but they're going to shift so we can use some of this area. So if there is a need or a desire to put a pedestrian path or a bike path or anything through this, there is plenty of room to do that. Basically, it is going to remain open with the exception of some parking encroachment. Dorothy Wood: Mr. Ripley. Ronald Ripley: So the 35 feet will remain open. Will the owner of the lot maintain it? Eddie Bourdon: With the closure it becomes a part of that lot. Ronald Ripley: Will the public have a right to go through there? Eddie Bourdon: That is something that an easement can be provided for, just like the sewer easement is being provided for if there is perceived to be a need. If you wanted to put a path through on the south side of the BMP to the east of here to go through the cul- de-sac, you have more than ample room to do that. This does not produce any additional units as the staff has indicated. William Din: Has anybody asked you that? Eddie Bourdon: No. Someone mentioned it this morning. No one has asked us that at all. It clearly makes it a far preferable land use pattern. I will tell you candidly that the reason why it is here is because it was intended to try and put two more units there but that can't be done. In the end, everyone benefits by the closure. Item # 14 S & J, L.L.C. Page 3 Dorothy Wood: We told this morning that we could have bike paths through the side of the BMP. Eddie Bourdon: That is what I was agreeing with. If somebody wanted to do that, this is not going to in any way preclude that from that happening. Robert Miller: May I just staff just how wide of an easement would we need? Karen Prochilo: It's a possibility to do that. We weren't approached to do that. At this point, the only easement there is the Public Utilities easement and it's about 20 feet. Robert Miller: So how wide an easement would we need? Karen Prochilo: Probably about the same. Robert Miller: I think that is something that I would prefer to ask for right now. Dorothy Wood: I would too. Eugene Crabtree: I agree with that. Robert Miller: I'll make a motion that we approve it with the additional condition to require ingress/egress easement, I guess it is what it would be called on 20 feet wide on the south side of the property for the use of the City of Virginia Beach. Eddie Bourdon: Pedestrian? Dorothy Wood: Mr. Ripley. Ronald Ripley: We need to make sure that is clear to whoever buys this. I can recall a situation over on the north end where we had a closed street and the resident was actually closer and it actually improved it. It looked like his yard but the public still had right to it. So, it is real important that it be disclosed. Janice Anderson: I'll second it. Dorothy Wood: Thank you. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE Item # 14 S & J, L.L.C. Page 4 KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved the application of S & J, L.L.C. Dorothy Wood: Meeting is adjourned. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS A PORTION OF FIRST STREET AS SHOWN ON THAT CERTAIN PLAT ENTITLED STREET CLOSURE EXHIBIT A PORTION OF FIRST STREET BLOCK 1 — SITE LAYOUT — MIDWAY — VIRGINIA BEACH, VIRIGNIA: WHEREAS, S & J, L.L.C. applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: SECTION I That the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before one (1) year from City Council's adoption of this ordinance: GPIN : 1487-13-7198 and 1487-13-8007 1 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "PROPOSED CLOSURE FIRST STREET — 50' R/W — UNIMROVED — (M.B. 7, P. 130)" shown as the hatched area on that certain plat entitled: "STREET CLOSURE EXHIBIT A PORTION OF FIRST STREET BLOCK 1 — SITE LAYOUT — MIDWAY — VIRGINIA BEACH, VIRIGNIA" Scale:—1"=-25', dated August 4, 2004, prepared by Kellam Gerwitz, a copy of which is attached hereto as Exhibit A. SECTION II The following conditions must be met on or before one (1) year from City Council's adoption of this ordinance: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 4. The Applicant shall provide a 10' wide pedestrian easement within the required 20' public utility easement through the property. 65 5. Closure of the right-of-way shall be contingent upon compliance with the 66 above stated conditions within one year of approval by City Council. If all conditions noted 67 above are not in compliance and the final plat is not approved within one year of the City 68 Council vote to close the street, this approval will be considered null and void. 69 70 71 SECTION III 72 73 1. If the preceding conditions are not fulfilled on or before May 23, 2006, 74 this Ordinance will be deemed null and void without further action by the City Council. 75 2. If all conditions are met on or before May 23, 2006, the date of final 76 closure is the date the street closure ordinance is recorded by the City Attorney. 77 3. In the event the City of Virginia Beach has any interest in the underlying 78 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that 79 may be requested to convey such interest, provided said documents are approved by the City 80 Attorney's Office. 81 82 SECTION IV 83 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 84 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 85 VIRGINIA BEACH as "Grantor" and S & J, L.L.C. as "Grantee." 3 86 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 of , 2005. CA-9460 DateMay 24, 2005 H:\OID\REAL ESTATE\Street Closure\focros\ORD.doc 4 APPROVED AS TO CONTENT: 2 Planning Department APPROVED AS TO LEGAL SUFFICIENCY: C&tJOA City Attorney Exhibit A N: 3473236.29 �I `51 E:12181733.27 40\4 I I LOT 10A, BLOCK 1, N/F I SCOT A. FERGUSON I & MICHELLE FERGUSON I I 1487-13-7286 `gl (D.B. 4097, P. 872) (M.B. 269, P. 68) 7'49'E 10 83 LOTS 16-19, BLOCK 1, N/F — 14 OCEAN BAYHOMES, L.L.C. 14—A (.n Z 1487-13-5290 ^' (INSTR. No. BLOCK � o rn 200405040069708) R HEEREBY VACATED 1 j (M.B. 4, P. 191) 15 C nl' 1 ZE 00.00, N8�9.E1— —_ — R HEREBY VACATED-•- w v� cn 14—B 16 �1 w IV N: 3473145.94 E:72181749.03 HEREBY VA(, 7A E6 I T / �87.97' CLOSURE o PROPOSED. / rn Z / FIRST,STREET A UNIMPROVED rn cn 50' RAW P- INS 130)/ 7, 83'06'01" E 100.00' �lo�k I 1 A lz I (INSTR. # 200412160197531) I -I (M.B. 7, P. 30) A0-' L_:'t ►} �20.'� V04067_exhibit.dwg SCALE: 1 "=25' RJT/wcg STREET CLOSURE EXHIBIT ELLAM A PORTION OF FIRST STREET o BLOCKSl + I?- C� ERWITZ —MIDWAY— ENGINEERING - SURVEYING - PLANNING 500 CENT VIRGINIA BEACH VIRGINIA CENTRAL (757)3400828C FAX(757) 74016FJ CH, VA 2J454 #> Rezonings with Special Restnctions a zY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Dam Neck Square Apartments, L.C. — Modification to the Dam Neck Estates PD-H1 Land Use Plan and Conditional Change of Zoning MEETING DATE: May 24, 2005 ■ Background: An Ordinance upon Application of Dam Neck Square Apartments, L.C. to modify the Dam Neck Estates PD-H1 Land Use Plan and Conditional Change of Zoning from PD-H1 Planned Unit Development to 0-1 Office District. Property is located on the north side of Dam Neck Road, approximately 1200 feet west of General Booth Boulevard (GPIN 24154528510000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of the modification is to use a currently undeveloped portion of the site for an office complex. DISTRICT 6 — BEACH ■ Considerations: The applicant requests a change in zoning from PD-H1 to 0-1 Office District. The subject site is part of a Planned Development approved by City Council in 1980. That Planned Development included the subject parcel and the area south of Dam Neck Road. The overall approved density (both sides of Dam Neck Road) was 451 dwelling units on 106 acres. The applicant proposes to construct an office development on an undeveloped portion of the Planned Development located to the west of an existing multi- family development. The proposed development consists of a cluster of 21,300 SF one-story buildings in a Williamsburg style around a center courtyard. Exterior building materials consist of brick, siding and architectural grade shingles. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. Removal of the subject site from the planned development does not affect the overall density of the planned development. The proposal is also compatible with the adjacent residential neighborhood as well as the business areas. The exterior building materials reflect the materials used within the residential neighborhood adjacent to this property. . The Planning Commission placed this item on the consent agenda because it is an appropriate use for this site. Dam Neck Square Apartments, L.C. Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request, as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department, City Manager: DAM NECK SQUARE APARTMENTS Agenda Item # 1 April 13, 2005 Public Hearing Staff Planner: Karen Prochilo REQUEST: M d;f'it'it th Dam Neck Land r r���" �F`_F FF�C-SFr RE sc,F��q-iYlr �111�� o• �� • t � w�� vim �fie7;i •� � Ate/ J ii•�•riil� Sr r i�rrr r�r/r,•rr4: �� �I� T o i ca on o e Use Plan and Conditional Change of Zoning from PD-H1 Planned Unit Development District to 0-1 Office District. ADDRESS / DESCRIPTION: Property is located on the north side of Dam Neck Road 1200 feet west of General Booth Boulevard. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24154528510000 6 - BEACH 3.7 acre portion of a 11.693 acre parcel SUMMARY OF REQUEST The applicant requests a change in zoning from PD-H1 to 0-1 Office District. The subject site is part of a Planned Development approved by City Council in 1980. That Planned Development included the subject parcel and the area south of Dam Neck Road. The overall approved density (both sides of Dam Neck Road) was 451 dwelling units on 106 acres. The applicant proposes to construct an office development on an undeveloped portion of the Planned Development located to the west of an existing multi -family development. The proposed development consists of a cluster of 21,300 SF one-story buildings in a Williamsburg style around a center courtyard. Exterior building materials consist of brick, siding and architectural grade shingles. LAND USE AND ZONING INFORMATION parcel as multifamily residential. The Planned Development was approved with an overall density of 451 dwelling units on 106 acres. The area of the site proposed for rezoning is currently undeveloped with a 120 foot wide Virginia Power easement running through it. SURROUNDING LAND North: . Single -Family and self storage facility / R-5D Residential District USE AND ZONING: and B-2 Community Business District South: . Across Dam Neck Road are single-family and townhomes / PD- H1, Planned Unit Development District East: . Wachovia Bank / B-2 Community Business District West: . Single-family homes and a church / AG-1 Agricultural District NATURAL RESOURCE AND The majority of the site is a grass field. The west side of the site has a CULTURAL FEATURES: heavy stand of mature trees. There are no cultural features associated with this site. AICUZ: The site is in an AICUZ of greater than 75 dB Ldn surrounding NAS Oceana. The U.S. Navy has no objections to this proposal. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Dam Neck Road in the vicinity of this application is a four lane divided major suburban arterial. The existing right-of-way width along the property frontage is approximately 130 foot wide including an eastbound right turn lane along the south side of Dam Neck Road. There is no active roadway improvement project for Dam Neck Road in the immediate vicinity. The Master Transportation Plan Map designates this segment of Dam Neck Road as having a 165 foot wide right-of-way synonymous with a six -lane parkway. Public Works/Traffic Engineering recommends reservation of right-of-way be provided for the additional width needed to fulfill the projected future transportation capacity needs along Dam Neck Road as defined by the MTP. This will be addressed at detailed site plan review should this application be approved. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Dam Neck Road 26,197 ADT 32,500 ADT (Level of Existing Land Use — Service "C") 271 ADT Proposed Land Use s - 406 WATER: This site must connect to City water. 'Average Daily Trips 2 as defined by multi -family designation of PD-H Plan 3 as defined by general office space DAM NECK SEWER: This site must connect to City sanitary sewer. SCHOOLS: This site does not impact schools. COMPREHENSIVE PLAN The Comprehensive Plan recognizes this area as being within the Primary Residential Area. Proposed development within this area should focus on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Chapter 3 of the Comprehensive Plan states "Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non- proliferation of such activities." EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the proffers submitted by the applicant with the rezoning. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. Removal of the subject site from the planned development does not affect the overall density of the planned development. The proposal is also compatible with the adjacent residential neighborhood as well as the business areas. The exterior building materials reflect the materials used within the residential neighborhood adjacent to this property. PROFFERS 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," (§107(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: When the Property is developed, in order to achieve a coordinated design and development on the site in terms of vehicular circulation, parking, landscape buffering and building orientation, the "Office Park at Dam Neck Square for Dam Neck Square Apartments", dated 11/17/04, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan") shall be substantially adhered to. DAM NECK SQUA PROFFER 2: When the Property is developed, the architectural design and building materials and colors of the office building depicted on the Concept Plan will be substantially as depicted on the exhibit entitled "Office Park at Dam Neck Square for Dam Neck Square Apartments — Elevation View", prepared by Porterfield Design Center dated 9/3/03, which has been exhibited to the Virginia Beach City Council an is on file with the Virginia beach Department of Planning ("Rendering"). PROFFER 3: When the Property is developed, the office complex shall have a monument style freestanding sign no greater than eight feet (8') in height with a brick base. PROFFER 4: When the property is developed, all lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America (IESNA). A photometric lighting plan indicating the number an d types of lighting will be submitted as part of the formal site plan submission for review by the Planning Department to determine consistency with the Crime Prevention Through Environmental Design (CPTED) principles and practices. Lighting shall be installed and operated as shown on the approved plan. All lighting shall be directed inward and downward within the site. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated December 23, 2004, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. DAM NECK SQUAR I-N i 41 t DAM NECK SQUAR I DAM NECK SQUA AX__ r 7/1 1#1 Conditional Zoning - Recorded Proffers Amendment to PDH Plan < # > Rozonings with Special Restrictions O Z O N 1 06/11/02 Modifications to CUP for mini -warehouses Granted subdivision variance (3 lots into 2 lots) 2 10/09/01 CUP for mini -warehouse Granted 3 09/25/01 CUP for fuel sales in conjunction w/ Granted convenience store 4 11/24/98 CUP church & daycare Granted 5 03/24/98 CUP wireless communications cell tower Granted 6 02/13/96 CUP 150' communications tower Granted 7 09/26/95 CUP church Granted 8 11/22/94 CUP 150' communications tower Granted 9 09/14/93 Change in zoning from 1-1 to AG-1 Granted DAM NECK SQUA z ui 2 uj 13 H CL a,..] lz iz S. U S2 2 a -5 R U. P st I % !l § 8 1 tu w 72-1 a 1 0- �9 0 w go � F!-8 i OL CC cr 8 -St cc t? so i a cw Nam %5 S'c X 2 am —c' CL to r- 4 as= 13 as a DAM NECK SQUARE APARTME Agenda Iteni -pa 4TS le 9 w Item #1 Dam Neck Square Apartments, L.C. Modify the Dam Neck Estates PD-H1 Land Use Plan North side of Dam Neck Road District 6 Beach April 13, 2005 CONSENT Dorothy Wood: The next order of business is our consent items. The Vice Chair Mr. Din will handle this portion of our agenda. William Din: Thank you Ms. Wood. Today we have seven items on our consent agenda. As I call each of the items will the representative or the applicant please come forward, state your name, your relationship to the application, and if it is a conditioned application, please state that you read those conditions and whether you agree with them or not. We will be explaining each of the items as we have placed them on consent. The first item that I have is Item #1 is Dam Neck Square Apartments, L.C. This is an application to modify the Dam Neck Estates PD-H1 Land Use Plan. The property is located on the north side of Dam Neck, approximately 1200 feet west of General Booth in the Beach District. Eddie Bourdon: Thank you Mr. Secretary. Eddie Bourdon, a Virginia Beach attorney representing the applicant and it's a proffered rezoning. We appreciate you placing the matter on the consent agenda. William Din: Thank you Mr. Bourdon. Ms. Anderson would care to speak on this please? Janice Anderson: Yes. Thank you. This application is a request for a modification of a Planned Unit Development off of Dam Neck Road that was approved by City Council back in 1980. The portion of the property now lies vacant. It is under the current plan earmarked for a multi -family residential. What this application is requesting is that it be changed and the new plan having it earmarked for office. So, it's the area on the left of the hatched area. We believe this is appropriate use for this area that's undeveloped. There is a 120-foot wide Virginia Power easement that goes through this parcel, which is where they have the parking laid out in this plan. Also, the AICUZ noise is 75 and above so that would not be compatible for further residential. Also, what they have proffered with the plan is one-story office buildings, and the materials will also match the residential area to the east of this property. So, we believe it is an appropriate use with the application and recommend approval to Council. William Din: Thank you Ms. Anderson. I think I got ahead of myself there. Was there any objection to placing this item on consent? Thank you. I'd like to make a motion to approve the following consent item, Item #1 Dam Neck Square Apartments, L.C, Item # 1 Dam Neck Square Apartments, L.C. Page 2 application to modify the PD-H1 Land Use Plan located in the Beach District. This is a proffered application. Dorothy Wood: Thank you sir. A motion by Mr. Din and seconded by Mr. Knight to approve the item on consent. AYE 11 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote 11-0 the Board has approved the consent agenda item. In Reply Refer To Our File No. DF-6109 TO: Leslie L. Lilley FROM: B. Kay WH43- CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: April 19, 2005 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Dam Neck Square Apartments, L.C. The above -referenced conditional zoning application is scheduled to be heard by the City Council on May 24, 2005. I have reviewed the subject proffer agreement, dated December 23, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/nlb Enclosure cc: Kathleen Hassen PREPARED BY: ® SYKES. WURDON. AHERN & I.M. P.0 DAM NECK SQUARE APARTMENTS, L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 23rd day of December, 2004, by and between DAM NECK SQUARE APARTMENTS, L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 3.7 acres of land which is a portion of a larger tract of land containing approximately 10.9616 acres of land and is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify the PD-H 1 Land Use Plan with an A-12 Apartment District Designation applicable to the Property to 0-1 Office District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which Grantor's rezoning application gives rise; and GPIN: 2415-45-2851 (Part) 1 PREPARED BY: SMS, ROURDON, AHM S, LEVY. P.0 WHEREAS, Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the PD-H1 Land Use Plan and the proposed change in the Zoning District Designation applicable to the Property in addition to the regulations provided for the PD-H 1 and 0-1 Zoning Districts by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or _quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that 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, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, in order to achieve a coordinated design and development on the site in terms of vehicular circulation, parking, landscape buffering and building orientation, the "OFFICE PARK AT DAM NECK SQUARE FOR DAM NECK SQUARE APARTMENTS", dated 11 / 17/04, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan") shall be substantially adhered to. 2. When the Property is developed, the architectural design and building materials and colors of the office buildings depicted on the Concept Plan will be substantially as depicted on the exhibit entitled "OFFICE PARK AT DAM NECK SQUARE FOR DAM NECK SQUARE APARTMENTS - Elevation View", prepared by 2 Porterfield Design Center dated 9/3/03, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Rendering"). 3. When the Property is developed, the exterior of the office buildings will be primarily brick and siding with an architectural grade shingled roof. The office complex shall have a monument style freestanding sign no greater than eight feet (81 in height with a brick base which matches the brick on the buildings. 4. When the Property is developed, all lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America (IESNA). A photometric lighting plan indicating the number and types of lighting will be submitted as part of the formal site plan submission for review by the Planning Department to determine consistency with Crime Prevention Through Environmental Design (CPTED) principles and practices. Lighting shall be installed and operated as shown on the approved plan. All lighting shall be directed inward and downward within the site. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in PREPARED BY: writing as evidenced by a certified copy of an ordinance or a resolution adopted by SYKES. BOURDON. AHERN & LEVY. P.0 the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of 3 irginia, 1950, as amended. Said ordinance or resolution shall be recorded along ith said instrument as conclusive evidence of such consent, and if not so corded, said instrument shall be void. Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall vested with all necessary authority, on behalf of the governing body of the City Virginia Beach, Virginia, to administer and enforce the foregoing conditions and strictions, including the authority (a) to order, in writing, that any incompliance with such conditions be remedied; and (b) to bring legal action or .it to insure compliance with such conditions, including mandatory or ohibitory injunction, abatement, damages, or other appropriate action, suit, or (2) The failure to meet all conditions and restrictions shall constitute to deny the issuance of any of the required building or occupancy permits as be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made mart to these provisions, Grantor shall petition the governing body for the �w thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the tence of conditions attaching to the zoning of the Property, and the ordinances the conditions may be made readily available and accessible for public )ection in the office of the Zoning Administrator and in the Planning ,artment, and they shall be recorded in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, and indexed in the name of Grantor and the tee. PREPARED BY: SYKES, $OURDON. AH£RN & LEn P C. 2 PREPARED BY: SYK£S. ROURDON. ARM & LEVY. AC WITNESS the following signature and seal: GRANTOR: Dam Neck Square Apartments, L.C., a Virginia limited liability company e/z/__ By: (SEAL) Michael P. Rashkind, M ager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 23=d day of December, 2004, by Michael P. Rashkind, Manager of Dam Neck Square Apartments, L.C., a Virginia limited liability company, Grantor. My Commission Expires: August 31, 2006 5 Notary Public PREPARED BY: =SYK£S. ROURDON. FERN & LEVY. P.0 EXHIBIT "A" ALL THAT certain tract, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, containing 3.7 acres fronting on the north side of public right of way known as Dam Neck Road, west of its intersection with General Booth Boulevard, being more particularly described as: Being a portion of Parcel E, 11.693 acres as depicted on that plat entitled, "SUBDIVISION OF DAM NECK ESTATES, PARCEL E, PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA, dated June 28, 1983", prepared by Basgier and Associates and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 188, at Page 34. GPIN: 2415-45-2851 (Part) CONDITIONALREZONE/ DAMNECKSQUAREAPARTMENTS / PROFFER G Item K.4. - 47 - PLANNING ITEM # 53815 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council DEFERRED INDEFINITELY MODIFICATION ofProfferNumber 1 upon application ofLAND 8c BUILDING, L.C. re Conditional Change ofZoning (approved by City Council on March 28, 2000 Troy A. Titus), re a building strip mall: ORDINANCE UPONAPPLICATIONOFLAND & B UILDING IV. L. C. FOR THE MODIFICATION OF PROFFERS FOR A CONDITIONAL CHANGE OF ZONING APPLICATION APPROVED BY CITY COUNCIL ON MAR CH28, 2000 (TR0YA. TITUS). Ordinance upon Application of Land & Building IV. L.C. for the Modification of Proffers for a Conditional Change of Zoning application approved by City Council on March 28, 2000 (Troy A. Titus). Property is located at 5221 Indian River Road (GPIN 14654704140000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of the requested modification is to develop the site for a strip retail center rather than th ep rev io us ly approved office building. DISTRICT I - CENTER VILLE Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 12, 2005 Land & Buildi Modification of CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Land & Building IV, L.C. — Modification of Proffers MEETING DATE: May 24, 2005 ■ Background: An Ordinance upon Application of Land & Building IV. L.C. for the Modification of Proffers for a Conditional Change of Zoning application approved by City Council on March 28, 2000 (Troy A. Titus). Property is located at 5221 Indian River Road (GPIN 14654704140000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of the requested modification is to develop the site for a strip retail center rather than the previously approved office building. DISTRICT 1 - CENTERVILLE This item was deferred indefinitely on April 12, 2005. ■ Considerations: Since the April 12 deferral, the applicant has met with City staff and the Centerville City Councilman to discuss issues regarding traffic impacts from the proposed development. In response to that meeting, the applicant has provided a revised plan that addresses the concerns (access to the lot to the rear, and thus access to Kempsville Road, has been eliminated). The revised plan is presented below on page 3 of 3. A Conditional Rezoning from B-2 Community Business District and R-7.5 Residential District to Conditional B-2 Community Business District was approved by the City Council on March 28, 2000. That Conditional Rezoning has two (2) proffers. Proffer 1 mandates the site layout, including ingress/egress and landscaping; and limits the architectural design of the building to reflect that of the elevation submitted and approved in 2000. The former owner of the property has sold this 1.47 acre site to someone who is not desirous of developing the property in the same manner as that approved in 2000, therefore, a modification to the proffer agreement is required. The 2000 request permitted the construction of a three (3) story, brick office building to be located at the rear of the site. The approved plan identified an area as "future retail." Land & Building IV, L.C. Page 2of3 The new concept plan has eliminated the office building and instead indicates retail shops on the property, consisting of a one (1) story, 10,000 square foot structure. Additional details of the retail shops are provided in the attached staff report. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The parcel is an unusual size and shape, creating some difficulties in terms of determining the best use and layout for the parcel. The proposed use is compatible with the adjacent residential neighborhood, as a buffer is proffered larger than required by the Zoning Ordinance. In addition, the majority of the retail activity is as close as possible to Indian River Road, away from the multifamily dwellings, and in close proximity to the existing commercial uses. The rear of the shopping center, typically the least desirable aesthetically, faces west, again, away from the dwelling units and toward the existing commercial services. The exterior building materials will be an upgrade to what is currently on the site as well as compared to other commercial properties in the vicinity. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve the request as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentIA ency: Planning Department City Manager:Ir (, Land & Building IV, L.C. Page 3 of 3 jogs . . . . ...... . ............ . . . . . .............. I — a !� -2 t &A i rta N 'f 11 kq 4;' LAND & BUILDING IV, L.C. Agenda Item # 1 March 9, 2005 Public Hearing Staff Planner: Carolyn A.K. Smith R-5[)' Eli o� ,B REQUEST: �4 bPpE Modification of Proffers from the Conditional Change da< c of Zoning from B-2 Community Business District and M, R-7.5 Residential District to Conditional B-2 Community Business District granted by the City Council on March 28, 2000. ADDRESS / DESCRIPTION: Property located 5221 Indian River Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14654704140000 2 — KEMPSVILLE 1.474 acres A Conditional Rezoning from B-2 Community Business District SUMMARY OF REQUEST and R-7.5 Residential District to Conditional B-2 Community Business District was approved by the City Council on March 28, 2000. That Conditional Rezoning has two (2) proffers: 1. When the Property is developed, the Site Plan, the Landscape Plan and the Building Elevation shall be developed substantially as shown on the exhibit entitled "Proposed Office Building and Future Retail Center for Troy A. Titus, "prepared by William Verebely, of Verebely and Associates, dated December 29, 1999, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The following types of business establishments are some but not all of the uses that shall be prohibited on this Property: • Eating and drinking establishments with drive through windows; • Greenhouses and plant nurseries; • Grocery stores, carryout food stores and convenience stores, any of which are freestanding. Proffer 1 mandates the site layout, including ingress/egress and landscaping; and limits the architectural design of the building to reflect that of the elevation submitted and approved in 2000. required. The 2000 request permitted the construction of a three (3) story, brick office building to be located at the rear of the site. The approved plan identified an area as "future retail." It was understood that the retail component of the request could not to be constructed until the applicant could provide adequate area available for the required parking. The revised concept plan has eliminated the office building and depicts a strip of retail shops on the property, consisting of a one (1) story, 10,000 square foot structure. The proposed elevations depict a primarily brick facade with storefront windows. The parking depicted on the concept plan shows the minimum number of spaces for a retail center at 1 space per 200 square feet. In the event that a restaurant would attempt to occupy space in one of the units within the building, additional parking spaces would be needed to meet the City Zoning Ordinance, as a restaurant requires more parking than a retail use - at least 1 space per 100 square feet. LAND USE AND ZONING INFORMATION EXISTING LAND USE: There is an existing structure on the property that is slated for removal. At one time, this structure was used as an office and could have been a residential dwelling unit prior to that use. SURROUNDING LAND North: a Indian River Road USE AND ZONING: • Tire sales / B-2 Community Business District South: • Offices, restaurant / B-2 Community Business District • multifamily dwellings / PD-H2 Planned Development District East: Car wash / B-2 Community Business District • Multifamily dwellings / PD-H2 Planned Development District West: . Auto repair / B-2 Community Business District NATURAL RESOURCE AND The front portion of the site is developed with an office building and CULTURAL FEATURES: associated parking. The rear of the property has been recently cleared and is void of any mature vegetation. There is nothing of significant environmental or cultural value on this site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road is considered a six (6) lane divided urban arterial. The MTP proposes an eight (8) lane divided facility with a 155 foot wide right-of-way. A Capital Improvement Project is slated for this area (CIP NO. 2-106). This involves the construction of an eight (8) lane divided highway from Centerville Turnpike to Kempsville Road, and full improvements at the Indian River Road and Kempsville Road intersection. LAND TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Indian River 66,843 ADT 26,300 ADT (Level of Existing Land Use — Road Service "C") - 48,200 ADT 111 ADT ' (Level of Service "E") Proposed Land Use 3- 452 ADT 'Average Daily raps Z as defined by square footage of existing building zoned commercially 3 as defined by construction of new, 10,000 square foot retail center WATER: This site has an existing water meter that may be used or upgrade. There is a 16 inch water transmission main in Indian River Road. SEWER: City sanitary sewer is not available as there is no sanitary sewer in the vicinity of this site. Health Department approval is required for a septic system. Private grinder pumps and force main may be an option. There is a 42 inch Hampton Roads Sanitation District sanitary force main in Indian River Road. The Comprehensive Plan identifies this area as being within COMPREHENSIVE PLAN the Primary Residential Area. The Comprehensive Plan's policies recognize that suburban commercial centers and other non-residential uses can be appropriate for this area. The Plan states, "Limited commercial or institutional activities providing desired goods and services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities." The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size and relationship of land uses, residential and non-residential, located in and around neighborhoods should serve as a guide when considering future development. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with the proffers submitted by the applicant with the rezoning. The proffers are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The parcel is an unusual size and shape, creating some difficulties in terms of determining the best use and layout for the parcel. The proposed use is compatible with the adjacent residential neighborhood as a buffer is proffered larger than required by the Zoning Ordinance. In addition, the majority of the retail activity is as close as possible to Indian River Road, away from the multifamily dwellings, and in close proximity to the existing commercial uses. The rear of the shopping center, typically the least desirable aesthetically, faces west, again, away from the dwelling units and toward the existing commercial services. The exterior building materials will be an upgrade to what is currently on the site as well as compared to other commercial properties in the vicinity. LAND AND BUILDING Agenda- Item # 1 Page 3 PROFFERS 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," (§107(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. PROFFERII: When the property is developed, the site plan, landscape plan and building elevation shall be developed substantially as shown on the site plan entitled "Proposed Retail Center for Land Building, IV, L.C. 5221 Indian River Road, Virginia Beach, VA" dated November 5, 2004, made by Verebely and Associates, Architects, Chesapeake, Virginia (Site Plan), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: In addition to those uses which are prohibited by law, the following uses shall be prohibited on the Property: • Eating and drinking establishments with drive -through windows; • Greenhouses and plant nurseries; and • Grocery stores, carry -out food stores and convenience stores, any of which are not freestanding. PROFFER 3: Grantor covenants and agrees that a monument sign shall be located as shown on the Site Plan. Grantor further covenants and agrees that tenant signs shall be installed to or above tenant entrance doors, and will be box type, lighted signs. STAFF COMMENTS: The proffers listed above are acceptable. They provide assurance regarding the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated February 14, 2005, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. LAND AND BUILDING Agenda Item # 1 Page 4 z O H a w J w O z 0 J_ m G w U) O a a 43vv,zl 713Ntz3 NIOIcntA( 1 2 3 4 5 6 7 8 9 IV. LC 10/12/04 CUP mini warehouse Granted 07/13/04 Modification of Conditions Granted 08/08/00 Change of Zoning R-7.5 to A-12 with PD- Granted H2 overlay 03/28/00 Change of Zoning B-2 & R-7.5 to Granted Conditional B-2 07/05/88 Reconsideration of Conditions Denied 01/12/99 CUP auto service station Denied 05/23/88 CUP auto repair station Withdrawn 10/11/94 Change of Zoning R-5D to 0-1 Granted 09/28/93 Change of Zoning R-5D to 0-1 Granted CUP funeral home Granted 09/28/93 CUP auto repair facility Denied 09/24/91 Reconsideration of Conditions, Change Granted of Zoning 02/26/91 Reconsideration of Conditions, Change Granted of Zoning ,ND BUILDaNG Benda 1 ,Page 8 O H N 0 Z Z O N 10 12/18/89 Reconsideration of Conditions, Change Granted of Zoning 01/09/89 CUP auto repair Denied 01/09/89 Reconsideration of Conditions, Change Denied of Zoning 14 1 1 1mi1 11 II C Go o>Ai t.m a`sWa qs.� 2 �,y O t # � ` �5��v'c^m� � :a �. = .Ta � yr. � S+�'� m �i ,y •��.."�4 `� a AEwGkS .��'Psu tt� 4iu$SV OCi naa mSc �sEyora* ggt {N! cm ; m =ma_ Q O � » T y y us 1i c v a IS la i as y Item #1 Land & Building IV, L.C. Modification of Proffers 5221 Indian River Road District 1 Centerville March 9, 2005 CONSENT Dorothy Wood: The next order of business will be the consent items. The Vice Chair Mr. Will Din will handle this large part of the agenda. William Din: Thank you Ms. Wood. Today we have six items on the consent agenda. These items are items that we believe are unopposed and therefore are placed on consent agenda. As I call each of the items up, would the representative or the applicant please come up to the podium, state your name, your relationship to the application, and state if you have read the conditions, if there are conditions associated with that item. We will go through each of these and then summarize it. The first application that I have is Item #1, Land & Building IV, L.C. This is an application for Modifying Proffers to an existing Conditional Change of Zoning application, which was previously approved by City Council on March 28, 2000 (Troy A. Titus). Property is located at 5221 Indian River Road in the Centerville District. William Verebely: Good afternoon Madame Chairman, members of the Commission. My name is William Verebely, Verebely & Associates Architects in Chesapeake. I'm here as agent for the owner, and we've read the proffers and conditions and we concur. William Din: Thank you very much. Is there any opposition to placing this item on consent? Okay. Thank you. Mr. Verebely, we're going to have to drop you down. Your item will be the first one that we hear. William Verebely: Okay. REGULAR Dorothy Wood: Our next order of business is our regular agenda. Our Secretary Mr. Strange, will you please call Item #1? Joseph Strange: Item #1, an Ordinance upon application of Land & Building IV, L.C. for the Modification of Proffers for a Conditional Change of Zoning application approved by City Council on March 28, 2000. Property is located at 5221 Indian River Road in the Centerville District. William Verebely: Madame Chairman may I invite my opposition up? I think she is going to withdraw her opposition. Item #1 Land & Building IV, L.C. Page 2 Dorothy Wood: Yes sir. We'll be more than happy too. It's always a pleasant way to work things out. Come arm in arm. Mary McFadden: My name is Mary McFadden. Dorothy Wood: Welcome Ms. McFadden. Mary McFadden: Thank you. Dorothy Wood: Would you please give us your name again Mr. Verebely. William Verebely: My name is William Verebely. Dorothy Wood: Thank you. Mary McFadden: He invited me to look at the plans of the projected strip shopping mall, which I had felt would just increase congestion in an already dangerously congested area. He showed the plans have actually been changed from what was approved in the year 2000 to have less traffic there with the new plan. It's only one story instead of the three- story office building. And, also they've gotten easement access through the Golden Corral from the rear of the property so it won't all be accessed from Indian River Road. And, therefore, I'm able to withdraw my objection to this plan. Dorothy Wood: We really appreciate you coming down. We really appreciate you taking your time to study the item. Thank you. Mary McFadden: Thank you. Dorothy Wood: Do I hear a motion? Eugene Crabtree: I'd move that we approve. Dorothy Wood: A motion by Mr. Crabtree, seconded by Mr. Din. Is there any discussion? AYE 11 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE NAY 0 ABS 0 ABSENT 0 Item # 1 Land & Building IV, L.C. Page 3 STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved the application of Land & Building IV, L.C. In Reply Refer To Our File No. DF-6108 Ice FROM MA Leslie L. Lilley William M. Macali V9 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: March 22, 2005 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; Land & Building IV, L.C. The above -referenced conditional zoning application is scheduled to be heard by the City Council on April 12, 2005. I have reviewed the subject proffer agreement, dated February 14, 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. WM1Wnlb Enclosure cc: Kathleen Hassen PREPARED BY/ RETURN TO: HALBERT T DAIL & ASSOC, PC 213 River Walk Pkwy-Ste 107 Chesapeake, VA 23320 Phone: 757 436 3245 Fax: 757 436 5552 Halbert T Dail VSB 4035 PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS FROM LAND & BUILDING IV, L.C. TO THE CITY OF VIRGINIA BEACH, a municipal corporation THIS AGREEMENT, made this 141h day of February, 2005, by and between LAND & BUILDING IV, L.C., Owner and Grantor (hereinafter called "L&B"), party of the first part, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, L&B is the owner of a certain parcel of property located at 5221 Indian River Road in the City of Virginia Beach, which said site was granted a change of zoning to Conditional B-2 (Community Business District) bythe Cityof Virginia Beach, Virginia City Council on March 28, 2002, which said property is described in Exhibit A attached hereto and incorporated by this reference a part hereof, said property being hereinafter referred to as "the Property;" and WHEREAS, the proffered site plan for the change of zoning on said property to Conditional B-2 depicts a "three-story office building" and "future retail center," the previously recorded proffer agreement referred to being recorded in Book 4223 at page 1176, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; and WHEREAS, L&B has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change this restriction in order that the three-story office building be eliminated and a one-story retail center be constructed as shown on the preliminary site layout plan and building elevation GPIN 1465 47 0414 0000 PREPARED BY/ RETURN TO: HALBERT T DAIL & ASSOC, PC 213 River Walk Pkwy-Ste 107 Chesapeake, VA 23320 Phone:757 436 3245 Fax: 757 436 5552 Halbert T Dail VSB 4035 entitled "PROPOSED RETAIL CENTER FOR LAND & BUILDING IV, L.C. 5221 INDIAN RIVER ROAD VIRGINIA BEACH, VA," dated November 5, 2004, made by Verebely & Associates, Architects, Chesapeake, Virginia; and WHEREAS, the proffers contained in this agreement replace, in their entirety, the previous proffers; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that, in order to permit differing uses on and in the area of the Property, and at the same time to recognize the effects of change, and a need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's re -zoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property which has a reasonable relation to the re -zoning, the need for which is generated by the re -zoning. NOW, THEREFORE, the Grantor, for itself, its successors and assigns, and for Grantee and other successors in title or interest, voluntarily, and without any requirement -2- PREPARED BY/ RETURN TO: HALBERT T DAIL & ASSOC, PC 213 River Walk Pkwy-Ste M Chesapeake. VA 23320 Phone: 757 436 3245 Fax: 757 436 5552 Halbert T Dail VSB 4035 by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, re -zoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors and assigns, Grantee, and other successors in interest or title: 1. When the Property is developed, the site plan, landscape plan and building elevation shall be developed substantially as shown on the site plan entitled "PROPOSED RETAIL CENTER FOR LAND & BUILDING IV, L.C. 5221 INDIAN RIVER ROAD VIRGINIA BEACH, VA," dated November 5, 2004, made by Verebely & Associates, Architects, Chesapeake, Virginia (Site Plan), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. In addition to those uses which are prohibited by law, the following uses shall be prohibited on the Property: (a) Eating and drinking establishments with drive -through windows; (b) Greenhouses and plant nurseries; and (c) Grocery stores, carry -out food stores and convenience stores, any of which are not freestanding. 3. Grantor covenants and agrees that a monument sign shall be located as shown on the Site Plan. Grantor further covenants and agrees that tenant signs shall be installed adjacent to or above tenant entrance doors, and will be box type, lighted signs. -3- PREPARED BY/ RETURN TO: HALBERT T DAIL & ASSOC, PC 213 River Walk Pkwy-Ste 10-, Chesapeake, VA 23320 Phone:757 436 3245 Fax: 757 436 5552 Halbert T Dail VSB 4035 These conditions, however, may be repealed, amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and, if not so recorded, said instrument shall be void. Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Grantor further covenants and agrees that: (a) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceeding; (b) 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; -4- PREPARED BY/ RETURN TO: HALBERT T DAIL & ASSOC, PC 213 River Walk Pkwy-Ste 107 Chesapeake, VA 23320 Phone:757 436 3245 Fax: 757 436 5552 Halbert T Dail VSB 4035 (c) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (d) 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 available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee; WITNESS the following signatures and seals as of the date first above written. GRANTOR: LAND & BUILDING IV, L.C. By MITCHELL DUNBAR, PRESIDENT 2.4 STATE OF VIRGINIA AT LARGE, IN THE CITY OFA to -wit: The foregoing instrument was subscribed, sworn to and acknowledged before me on �y Ryan Mitchell Dunbar, who holds the office of President, on behalf of Land & Building IV, L.C. My Term of Office Expires: ( "3(D" 0"- IC -5- PREPARED BY/ RETURN TO: HALBERT T DAIL & ASSOC, PC 213 River walk Pkwy-Ste 107 Chesapeake, VA 23320 Phone: 757 436 3245 Fax: 757 436 5552 Halbert T Dail VSB 4035 EXHIBIT A ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND IMPROVEMENTS THEREON, LYING, SITUATE AND BEING IN THE CITY OF VIRGINIA BEACH, VIRGINIA, AND BEING KNOWN, NUMBERED AND DESIGNATED AS PARCEL 3, AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "RESUBDIVISION OF PARCEL `2' (M.B. 96, PAGE 7, SHEET 2) AND PROPERTY OF TROY A TITUS (M.B. 131, PAGE 29), KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA," WHICH SAID PLAT IS DULY RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 258, AT PAGES 23 AND 24. BEING THE SAME PROPERTY CONVEYED TO GRANTOR BY DEED OF A.J.R. LIMITED PARTNERSHIP, L.L.P., DATED NOVEMBER 5, 2003, AND DULY OF RECORD IN THE CLERK'S OFFICE AFORESAID AS INSTRUMENT NUMBER 200312160208002. -6- trap M-10 Not to Scale Platinum Homes • O O • :�F �r �f Zoning Change from AGI/AG-2 to Conditional A 24 Na �t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Platinum Homes, L.L.C. — Change of Zoning District Classification MEETING DATE: May 24, 2005 ■ Background: An Ordinance upon Application of Platinum Homes, L.L.C. for a Change of Zoninq District Classification from AG-1 and AG-2 Agricultural Districts to Conditional A-24 Apartment District on property located at 484, 492 and 508 Dam Neck Road (GPINs 24254533750000; 24254514150000; 24254594070000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of the zoning change is to develop the site with 82 dwelling units at a density of 8.3 units per acre. DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant proposes to combine three existing single-family home sites and rezone the combined properties to Conditional A-24 Apartment District to allow the development of a single-family condominium project consisting of 82 units. A site plan and building elevations have been proffered with the application. There is an existing 140-foot tall communication tower located in the northeast corner of the site. The applicant has provided a setback from the tower that is in conformance with the zoning ordinance requirements. The applicant is proposing to replace the existing chain link fence around the compound containing the tower with a decorative fence and landscaping. Two community park areas and some guest parking spaces are shown within the setback area for the tower. The site plan shows two entrance/exit points off Dam Neck Road for the development. The density for this project is 8.3 units per acre. This density is well below the 24 units per acre allowed under the requested zoning category of A-24 Apartment District. The applicant has requested the A-24 category because that category allows the lot coverage of 60% and the height (45 feet) needed to accommodate the design of this project. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The building elevations reflect high quality materials and a detailed architectural style. The layout of the buildings is sensitive to the existing wetland areas and addresses the existing communication tower complex on the site. This proposal will create a Platinum Homes, L.L.C. Page 2 of 2 development that will complement the existing residential neighborhoods to the west. The Planning Commission placed this item on the consent agenda because it is an appropriate use for this property. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request, as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department5� City Manage . lc •�L PLATINUM HOMES, LLC Agenda Item # 3 April 13, 2005 Public Hearing Staff Planner: Barbara Duke REQUEST: Change of Zoning District Classification from AG- 1/AG-2 Agricultural District to Conditional A-24 Apartment District ADDRESS / DESCRIPTION: Property located at 484, 492 and 508 Dam Neck Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24254594070000; 7 — PRINCESS ANNE 9.8 acres 24254514150000; 24254533750000 The applicant proposes to combine three existing single-family SUMMARY OF REQUEST home sites and rezone the combined properties to Conditional A-24 Apartment District to allow the development of a single-family condominium project consisting of 82 units. A site plan and building elevations have been proffered with the application. There is an existing 140-foot tall communication tower located in the northeast corner of the site. The applicant has provided a setback from the tower that is in conformance with the zoning ordinance requirements. The applicant is proposing to replace the existing chain link fence around the compound containing the tower with a decorative fence and landscaping. Two community park areas and some guest parking spaces are shown within the setback area for the tower. The site plan shows two entrance/exit points off Dam Neck Road for the development. The density for this project is 8.3 units per acre. This density is well below the 24 units per acre allowed under the requested zoning category of A-24 Apartment District. The applicant has requested the A-24 category because that category allows the lot coverage of 60% and the height (45 feet) needed to accommodate the design of this project. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Three single-family homes and a 140 foot tall communication tower SURROUNDING LAND North: . Wooded area owned by US Navy / AG Agriculture Districts USE AND ZONING: South: . Wooded area owned by US Navy / AG Agriculture Disttricts , East: . Wooded area owned by US Navy / AG Agriculture Districts West: . Atlantic Shores Retirement Community / R-10 Residential District NATURAL RESOURCE AND The majority of the site consists of lawn areas surrounding the existing CULTURAL FEATURES: homes. The western edge of the site contains some low floodplain/wetland areas. There are some mature trees surrounding the communication tower in the northeast corner of the site and along the eastern boundary of the property. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. The proposed use is compatible with AICUZ guidelines and has been reviewed by the Navy with no objections. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Dam Neck Road in the vicinity of this application is a four lane major suburban arterial. The Master Transportation Plan identifies this right-of-way with a 100-foot width; the existing width is 80 feet. The building setbacks provided on the plan are sufficient to accommodate the ultimate 100-foot width if additional right-of-way along the frontage of this site is required. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Dam Neck Road 20,108 ADT 32,500 ADT Existing Land Use — 30 ADT Proposed Land Use 3- 565 ADT Average Daily Trips z as defined by three single-family homes s as defined by 82 condominium/townhouse dwellings WATER: This site must connect to City water. There is a 12 inch water main in Dam Neck Road fronting this site. SEWER: City sewer is not available. Private grinder pumps and force main may be an option. Pump station analysis of Station 628 must be provided to ensure future flows can be accommodated. SCHOOLS: School Current Capacity Generation' Change 2 Enrollment Ocean Lakes Elementary 563 666 8.9 8 Corporate Landing 1668 1702 6.6 6 Middle School Ocean Lakes High School 1 2350 2107 6.8 6 "generation" represents the number of students that the development will add to the school Z °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). The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN the Primary Residential Area. Proposed development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the surrounding neighborhoods. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with the proffers submitted by the applicant with the rezoning. The proffers are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The building elevations reflect high quality materials and a detailed architectural style. The layout of the buildings is sensitive to the existing wetland areas and addresses the existing communication tower complex on the site. This proposal will create a development that will complement the existing residential neighborhoods to the west. PROFFERS 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," (§107(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. PROFFERI: When the Property is developed, the entrances, streets, landscaping and fencing shall be substantially in accordance with the "Conceptual Layout of FIELDSTONE GLEN', dated November 30, 2004, prepared by WPL Engineers, Surveyors and Landscape Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: Vehicular Ingress and Egress shall be via two (2) curb cuts from Dam Neck Road as depicted on the Concept Plan. PROFFER 3: When the Property is developed, there will be no more than eighty-two (82) residential condominium units, each of which shall have a garage, within fifteen (15) buildings as depicted on the Concept Plan. PLATINUM HOMES Agenda Item # 3 Page 3 PROFFER 4: When the Property is developed, the residential structures depicted on the Concept Plan shall have the architectural design and utilize the building materials substantially as depicted and designated on the exhibits entitled "Fieldstone Glen, a condominium Virginia Beach, Virginia" which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Elevations"). PROFFER 5: When the Property is developed, the entrance sign and fencing designated on the Concept Plan shall be constructed substantially in accordance with the exhibit entitled, "Fieldstone Glen, a Condominium" which has been exhibited to City Council and is on file with the Virginia Beach Planning Department ("Entrance Feature"). PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated November 30, 2004, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. PLATINUM HOMES Agenda Item # 3 Page 4 ,A rlNUM HOMES agenda Item # 3 ..;Pagp� 6 E M Smiss! Aw sra or +�- Jim M ME N • • srs E!r z� sra MOM_ Won Ono �. !r! Mm ._ Ron, own !!s !rE ip Efr � = tp Ep srr Err ��r pE !p MOON aA� �� = SH 'an -' '--!!! si! .r � ssr Ers I!iE !i: 1 2 3 4. 5. Map M-10 Platinum Homes Nnr r., SrrlP � , O O • % FREI, % f. J Zoning Change from A(;-UA(i-L to Lonauional A -as 02/09/93 REZ from AG Agriculture to B-1A Business GRANTED 11/24/98 REZ from B-1A Business to R-20 GRANTED Residential 11/08/85 REZ from AG Agriculture to PDH2 Planned GRANTED Development 07/13/87 REZ from AG Agriculture to R-10 GRANTED Residential 03/12/90 CUP for a Senior Housing GRANTED 03/29/98 MOD of conditions for Senior Housing GRANTED 09/16/85 REZ from AG Agriculture to R-5 Residential GRANTED (Conditions Pending) 11/13/01 CUP for a communications tower GRANTED w t 2C, 'U 9)-,v i; 0 > 41-0- j--* 40 = 45 10 2,7 9 -ze B:E< -6 72 2 Ko E m 2 MEW e M C 0== E :.E'E Cl M , c MEW tu p U10 I'm X 0 0 —Z WE . c 0 Ed E 0'a c C a, VE , c 0 = -�U� a 'E --H 40 2 0 to - jz 8 fic pp.=20 ,-*w co cl- a I M a 15 w "' R E -0 to E gig-- CL a= gre o o > LA E'N o CL ca o M EL ME -0 2 -WE e E ST BE W % lit 0 CL:6,0. CC 72 NOI1,V'JTIddV 9NIN0ZraJllI'1VrI0LLIQNOO R z w IL w cr D w 0 v 0- q4 oil 46 :2—.- UT, to V5 X L c �9 JIN ul m C-D _0cm oQ a co m c B ac C2 0 E Z CD CL & ELL -0 1 S. ar m C6 7Z JCL 'i st J., v 0) 1- RA2 t: =ji 1 a m '64-Sa 6 -j CL E J L) 75 r- mi cli z LLI W U) Lti cc D U) 0 CA r,e Item #3 Platinum Homes, L.L.C. Change of Zoning District Classification 484, 492 and 508 Dam Neck Road District 7 Princess Anne April 13, 2005 CONSENT William Din: The second item is Item #3, Platinum Homes, L.L.C. An application for a Change in Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional A-24 Apartment District on property located at 484, 492, and 508 Dam Neck Road in the Princess Anne District. It is a proffered application. Eddie Bourdon: Thank you again. Eddie Bourdon representing the applicant and again we appreciate being on the consent agenda. I think this will be a wonderful development. William Din: Thank you Mr. Bourdon. Is there any objection to placing this on consent agenda? If not, Mr. Barry Knight will explain this item. Barry Knight: This application is for Platinum Homes, L.L.C. The applicant proposes to ® combine three existing single-family home sites and rezone the combined properties to Conditional A-24 Apartment District to allow the development of single-family condominiums of 82 units with properties on Dam Neck Road. To the north, south, east it is bounded on properties that are wooded and are owned by the U.S. Navy, and to the west by Atlantic Shores Retirement Community. We got a letter from the Navy saying they have no objection to this. We think it's a proper land use for this parcel of property, and we have no opposition so we placed it on the consent agenda. William Din: Thank you Barry. I'd like to make a motion to approve the following consent item, Item #3 Platinum Homes, L.L.C, an application for a Change in Zoning District Classification from AG-1 & AG-2 Agricultural Districts to Conditional A-24 Apartment District on property located on Dam Neck Road in the Princess Anne District, which is also proffered. Dorothy Wood: Thank you sir. A motion by Mr. Din and seconded by Mr. Knight to approve the item on consent. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE Item #3 Platinum Homes, L.L.C. Page 2 KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote 11-0 the Board has approved the consent agenda item. In Reply Refer To Our File No. DF-6065 TO FROM: us Leslie L. Lilley + �, William M. Macali V" CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: April 19, 2005 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; Platinum Homes, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on May 24, 2005. I have reviewed the subject proffer agreement, dated November 30, 2004, 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 C.. PLATINUM HOMES, L.L.C., a Virginia limited liability company ERNEST SCOFIELD, JR. MEGAN R. HUGHES TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of November 2004, by and between PLATINUM HOMES, L.L.C, a Virginia limited liability company, party of the first part, Grantor; ERNEST SCOFIELD, JR., party of the second part, Grantor; MEGAN R. HUGHES, party of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of a parcel of land located in the Princess Anne District of the City of Virginia Beach, containing approximately 3.0 acres as more particularly described as Parcel 1, in Exhibit "A" attached hereto and incorporated herein by reference, which parcel, along with the other parcels described in Exhibit "A", are referred to herein as the "Property"; and WHEREAS, the party of the third part is the owner of two (2) contiguous parcels of land located in the Princess Anne District of the City of Virginia Beach, containing a total of approximately 6.8863 acres as more particularly described as Parcels 2 and 3, in Exhibit "A" attached hereto and incorporated herein by reference, which parcels, along with Parcel 1, are referred to herein as the "Property"; and PREPARED BY. GPIN: 2425-35-9407 SYKES. BOURDON, 2425-45-1415 ARERN&LEW.K 2425-45-3375 1 PREPARED BY: SYKES, $OURDON, AHM & LEVY P.0 WHEREAS, the party of the first part, as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-A/AG-2 Agricultural Districts to Conditional A-24 Apartment District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-24 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid Pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and AA persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, the entrances, streets, landscaping and fencing shall be substantially in accordance with the "Conceptual Layout of FIELDSTONE GLEN", dated November 30, 2004, prepared by WPL Engineers, Surveyors and Landscape Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. Vehicular Ingress and Egress shall be via two (2) curb cuts from Dam Neck Road as depicted on the Concept Plan. 3. When the Property is developed, there will be no more than eighty-two (82) residential condominium units, each of which shall have a garage, within fifteen (15) buildings as depicted on the Concept Plan. 4. When the Propertyis developed, the residents p al structures depicted on the Concept Plan shall have the architectural design and utilize the building materials substantially as depicted and designated on the exhibit entitled "Fieldstone Glen, a condominium Virginia Beach, Virginia", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Elevations"). 5. When the Property is developed, the entrance sign and fencing designated on the Concept Plan shall be constructed substantially in accordance with the exhibit entitled "Fieldstone Glen, a Condominium" which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ("Entrance Feature"). 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall PREPARED BY., continue in full force and effect until a subsequent amendment changes the zoning SYKES. $OURDON. ARERN & LEVY. P.C. of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the 3 subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances PREPARED BY: and the conditions may be made readily available and accessible for public SYY£S. BOURDON. AH£RN & L£vY. P.C. 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 0 the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. PREPARED BY: SYKES, BOURDON. AHI RN & LEVY. P.C. PREPARED BY: SYKES. BOURDON. AHERN & LEW. AC WITNESS the following signature and seal: GRANTOR: Platinum Homes, L.L.C., a Virginia limited liability company By: , �,�..� � (SEAL) C. e, gang Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 30+h day of November, 2004, by Brian C. Large, Managing Member of Platinum Homes, L.L.C., a Virginia limited liability company, Grantor. My Commission Expires: August 31, 2006 ---� -) --I j U' otary Public R PREPARED BY: SYKES. $OURDON. AH1 & LEVY. P.0 WITNESS the following signature and seal: GRANTOR: (SEAL) rn t Sc field, Jr. STATE OF VIRGINIA / CITY/COUNTY OF YL ^ I to -wit: T e foregoing instrument was acknowledged before me this X day of 2004, by Ernest Scofield, Jr., Grantor. v' No is My Commission Expires: 31- 7 PREPARED BY: MSYK£S. ROURDON. AIM & LEVY, P.C WITNESS the following signature and seal: GRANTOR: _UL (SEAL) e an R. es STATE OF VIRGINIA CITY COUNTY OF t/ -` 11G i4b ` - / , t� wit: Th foregoing instrument was acknowledged before me this CjFp 2004, by Megan R. Hughes, Grantor. i v lic My Commission Expires: X� 1T -Ldayof : PREPARED BY: SYK£S. $OURDON. AH£RN & LEVY. AC EXHIBIT "A" PARCEL 1: ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach, State of Virginia, being known, numbered and designated as Parcel X, on the plat entitled "Subdivision of Part of Tract `A' and Part of Tract S' Property of George P. Treynor (M.B. 46, P. 3), Princess Anne Borough - Virginia Beach, Virginia" Scale: 1" = 100', dated February 15, 1988, Rev.: November 23, 1988, which is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2801, at Page 633, reference to said plat is hereby made for a more particular description of said tract. GPIN: 2425-35-9407 PARCEL II: ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach, State of Virginia, being known, numbs plat entitled "Subdivision of Parcel `Y', Tract S', Property of George P. Treynol and Associates, Consulting Engineers, the Clerk's Office of the Circuit Court Map Book 207, at Page 81, reference particular description of said tract. GPIN: 2425-45-1415 PARCEL III: ;red and designated as Parcel Y-1, on the Subdivision of Part of Tract `A' and Part of ", dated April 4, 1990, made by Mel Smith Surveyors, Planners, which is recorded in of the City of Virginia Beach, Virginia, in to said plat is hereby made for a more ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach, State of Virginia, being known, numbered and designated as Parcel Y-2, on the plat entitled "Subdivision of Parcel `Y', Subdivision of Part of Tract `A' and Part of Tract W, Property of George P. Treynor (D.B. 2801, Page 633) Princess Anne Borough Virginia Beach, Virginia Scale: 1" = 100', dated April 4, 1990, which is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 207, at Page 81, reference to said plat is hereby made for a more particular description of said tract. GPIN: 2425-45-3375 CONDITIONALREZONE/PLATINUMHOMES/PROFFER E J�yNu sic, 74 f n Lv O CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Frontier Development, L.L.C. — Change of Zoning District Classification MEETING DATE: May 24, 2005 ■ Background: An Ordinance upon Application of Frontier Development, L.L.C. for a Change of Zoning District Classification from Conditional 1-1 Light Industrial District to Conditional B-2 Community Business District on property located at 5824 Northampton Boulevard (GPIN 14589838430000). The Comprehensive Plan designates this site as being part of the Northampton Boulevard Corridor Area, recommended for corporate, industrial and associated uses consistent with the policies of the Comprehensive Plan. The purpose of the zoning change is to develop the site for restaurant and retail uses. DISTRICT 4 — BAYSIDE ■ Considerations: The applicant proposes to rezone this 1.06 acre parcel to Conditional B-2 Community Business District to allow the development of a small restaurant/retail establishment. The site plan shows that there will be Starbucks drive -through restaurant as well as space for two other businesses. The property is currently zoned Conditional 1-1 Industrial District. A recorded proffer agreement from a prior rezoning covers this site as well as the site to the west that was recently developed as a hotel. The recorded proffer states that the subject site will be developed only as a full -service restaurant. The rezoning requested is required to add the drive —through feature to the restaurant as well as the retail uses that the applicant is proposing. The proposal is consistent with the recommendations of the Comprehensive Plan for this area. Restaurant/retail use in this area, particularly in an area being developed with quality hotels, is consistent with the vision of the Comprehensive Plan for this area as an office and employment center. The proposed development is compatible with the surrounding uses. The proposed building is oriented to Northampton Boulevard but also has a strong connection to the existing hotel. The building has been designed in accordance with the provisions of the Retail Design Guidelines and the plans of the building depict compatibility with the existing hotel through the style, materials and color scheme. A parapet wall on the front, sides and rear of the building will screen rooftop equipment. Additional plantings are proposed for the central landscape island separating the Frontier Development, L.L.C. Page 2of2 hotel from the subject site. Also, the applicant has proffered a viable pedestrian walkway to the hotel as well as a pedestrian connection to Burton Station Road. The Planning Commission placed this item on the consent agenda because it is consistent with the recommendations of the Comprehensive Plan, Staff recommended approval, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request, as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen*u City Manager: , FRONTIER DEVELOPMENT, LLC Agenda Item # 6 April 13, 2005 Public Hearing Staff Planner: Barbara Duke REQUEST: Change of Zoning District Classification from Conditional 1-1 Industrial District to Conditional B-2 Community Business District TRIM') fp MA ADDRESS / DESCRIPTION: Property located at 5824 Northampton Boulevard GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14589838430000 4 — BAYSIDE 1.06 acres The applicant proposes to rezone this 1.06 acre parcel to SUMMARY OF REQUEST Conditional B-2 Community Business District to allow the development of a small restaurant/retail establishment. The site plan shows that there will be Starbucks drive -through restaurant as well as space for two other businesses. The property is currently zoned Conditional 1-1 Industrial District. A recorded proffer agreement from a prior rezoning covers this site as well as the site to the west that was recently developed as a hotel. The recorded proffer states that the subject site will be developed only as a full -service restaurant as follows: "Any restaurant developed on the Property shall comply with the applicable provisions of the City of Virginia Beach retail development ordinance.". The rezoning requested is required to add the drive —through feature to the restaurant as well as the retail uses that the applicant is proposing. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Gas station / B-2 Community Business District USE AND ZONING: South: . Burton Station Road East: . Northampton Boulevard West: . Hotel/Conditional 1-1 Industrial District NATURAL RESOURCE AND CULTURAL FEATURES: There are no natural resources or cultural features on this site. AICUZ: The site is in an AICUZ of less than 65 d6 Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Northampton Boulevard is an eight -lane major urban arterial roadway. Burton Station Road is a two- lane collector street. Neither roadway is designated on the Master Transportation Plan. There are no capital improvement projects identified for either roadway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Northampton 64,000 ADT 56,240 ADT (Level of Existing Land Use — Boulevard Service "D") — 64,260 ADT 140 ADT ' (Level of Service "E") Proposed Land Use 3- 1,400 ADT Average Daily Trips Zas defined by Industrial zoning 3as defined by drive -through/ restaurant/retail WATER: This site must connect to City water. SEWER: This site must connect to City sanitary sewer. The Comprehensive Plan recognizes this property as part of COMPREHENSIVE PLAN Strategic Growth Area 1 — Northampton Boulevard Corridor Area. This Strategic Growth Area (SGA) has established itself as a major employment center with exceptional transportation access to serve its corporate and industrial clientele. This area should continue to build upon its strength as a major corporate, employment and industrial base. A master plan study of this SGA is currently underway through the City of Virginia Beach's Economic Development Department. The Northampton Boulevard Corridor Master Plan Study is a joint study between the Cities of Norfolk and Virginia Beach and the Norfolk Airport Authority. Virginia Beach Department of Economic Development is coordinating the study FRONTIER DEVELOPMENT Agenda- Item # 6 Page 2 that will provide recommendations and guidelines on transportation and land use issues. The study is not completed at the time of this application; however, the Department of Economic Development has reviewed this rezoning request and finds it acceptable. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the proffers submitted by the applicant with the rezoning. The proffers are provided below. The proposal is consistent with the recommendations of the Comprehensive Plan for this area. Restaurant/retail use in this area, particularly in an area being developed with quality hotels, is consistent with the vision of the Comprehensive Plan for this area as an office and employment center. The proposed development is compatible with the surrounding uses. The proposed building is oriented to Northampton Boulevard but also has a strong connection to the existing hotel. The building has been designed in accordance with the provisions of the retail design guidelines and the plans of the building depict compatibility with the existing hotel through the style, materials and color scheme. A parapet wall on the front, sides and rear of the building will screen rooftop equipment. Additional plantings are proposed for the central landscape island separating the hotel from the subject site. Also, the applicant has proffered a viable pedestrian walkway to the hotel as well as a pedestrian connection to Burton Station Road. PROFFERS 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," (§107(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. PROFFERII: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "SITE NAME — STARBUCKS"; "SITE ADDRESS — 5824 NORTHAMPTON BLVD, VA BEACH, VA 23455", dated 8/28/04, prepared by Lewis White & Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: When the Property is developed, the exterior of the building depicted on the Site plan, including its exterior building materials and colors, shall be substantially as depicted on the exhibits entitled "STARBUCKS & SHOPPES Virginia Beach, Virginia, Frontier Development", dated 10/28/04, pages 1 and 2, prepared by Maxwell Johanson Maher Architects, which have been exhibited to City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Starbucks Elevations"). PROFFER 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. FRONTIER PROFFER 4: Further conditions may be required by the Grantee during detailed Site plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated December 27, 2004, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 'IT sass a IF t Q� 09. 2. 11�1 FRONTIER Z Q J a w F- 0 W U) O a O a J FRONTIER O Q W .J W Z m W a m a J s 1+' -y- --- SW. FRONTIER Z O Q w _J ui Z M� W W 0 a cc a 2. 3. 4. 5. A 7. 02/25/74 REZ from B-2 Business to H-1 Hotel 03/14/77 REZ from B-2 Business to H-1 Hotel 01/26/99 CUP for Gas Station 01/25/82 REZ from B-2 Business to R-8 Residential 10/08/79 REZ from B-2 Business to 0-2 Office 06/14/82 REZ from 0-2 Office to 1-1 Industrial 01/25/05 REZ from 0-2 Office to 1-1 Industrial & CUP for a Hotel 10/08/79 REZ from 1-2 Industrial to B-2 Business 06/14/82 REZ from B-2 Business to 1-1 Industrial 02/13/02 REZ from B-2: 0-2; 1-1 to 1-1 Industrial and CUP for a Hotel 12/17/84 CUP for a Gas Station DENIED GRANTED GRANTED GRANTED GRANTED DENIED GRANTED GRANTED GRANTED GRANTED GRANTED FRONTIER r- 3 a tdrl- JIL FRONTIER Item #6 Frontier Development, L.L.C. Change of Zoning District Classification 5824 Northampton Boulevard District 4 Bayside April 13, 2005 CONSENT William Din: Our next item is Item #6, Frontier Development, L.L.C. This is an application for a Change in Zoning District Classification from Conditional I-1 Light Industrial District to Conditional B-2 Community Business District on property located at 5824 Northampton Boulevard in the Bayside District. Eddie Bourdon: Again, Eddie Bourdon, a Virginia Beach attorney representing Frontier Development, also a proffered rezoning. We appreciate the courtesy. William Din: Thank you Mr. Bourdon. Is there any objection to placing this item on consent? If not, Mr. Ron Ripley, please explain this item. Ronald Ripley: This is a 1.06-acre parcel of property located at the corner of ® Northampton and Burton Station, northeast quadrant if you will. This is being developed in conjunction with a district hotel and two more hotels that are being developed behind it. It originally was intended in the overall development of these hotels was to have a restaurant component and this is the restaurant component. Staff was concerned and the applicant has addressed the connectivity for retail of retail structure tying into the hotel so connectivity is there. It's a logical extension of the two previous applications for a hotel, and we didn't see any opposition, and we concur with the staff that is why we put it on the consent agenda. William Din: Thank you Ron. I'd like to make a motion to approve the following consent item, Item #6 Frontier Development, L.L.C. This is an application for a Change in Zoning District Classification from Conditional I-1 Light Industrial District to Conditional B-2 Community District in the Bayside District. It is proffered. Dorothy Wood: Thank you sir. A motion by Mr. Din and seconded by Mr. Knight to approve the item on consent. ANDERSON CRABTREE DIN HORSLEY KATSIAS AYE 11 NAY 0 AYE AYE AYE AYE AYE ABS 0 ABSENT 0 Item #6 Frontier Development, L.L.C. Page 2 KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote 11-0 the Board has approved the consent agenda item. In Reply Refer To Our File No. DF-6107 TO: Leslie L. Lilley FROM: B. Kay Wil D CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: April 19, 2005 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Frontier Development, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on May 24, 2005. I have reviewed the subject proffer agreement, dated December 27, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/nlb Enclosure cc: Kathleen Hassen FRONTIER DEVELOPMENT, L.L.C., a Mississippi limited liability company ABSOLUTE HOSPITALITY, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 27+h day of December, 2004, by and between FRONTIER DEVELOPMENT, L.L.C., a Mississippi limited liability company, party of the first part, Grantor; ABSOLUTE HOSPITALITY, INC., a Virginia corporation, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Bayside District of the City of Virginia Beach, containing approximately 1.06 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the party of the first part, being the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from Conditional I-1 Industrial District to Conditional B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1458-98-3843 PREPARED BY: SYK£S. $OURDON. AHERN & LEVY, P.C. 1 PREPARED BY: SYKES. 80URDON. AHERN & LEVY. P.C. WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or _quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "SITE NAME - STARBUCKS"; "SITE ADDRESS - 5824 NORTHAMPTON BLVD. VA. BEACH, VA 23455", dated 8/28/04, prepared by Lewis White & Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2 PREPARED BY: =SYKES. $OURDON. AHIRN & LEVY. P.C. 2. When the Property is developed, the exterior of the building depicted on the Site Plan, including its exterior building materials and colors, shall be substantially as depicted on the exhibits entitled "STARBUCKS & SHOPPES Virginia Beach, Virginia, Frontier Development", dated 10.28.04, pages 1 and 2, prepared by Maxwell Johanson Maher Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Starbucks Elevations"). 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or 3 PREPARED BY: =SYKES, BOURDON. AHERN & L£VY. PC resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 0 WITNESS the following signature and seal: GRANTOR: Frontier Development, L.L.C. a Mississippi limited liability company By (SEAL) es Leach, Member STATE OF FLORIDA CITY/COUNTY OF �c�cQ e , to -wit: The foregoing instrument was acknowledged before me this ;� 7 *M day of December, 2004, by James Leach, Member of Frontier Development, L.L.C., a Mississippi limited liability company, Grantor. My Commission Expires: o o Alan J. Miller Commission # DD34MR oQr ftphs: JLU 22, 2DU 5 WITNESS the following signature and seal: 0 1. Absolute Hospitality, Inc., a Virginia corporation By: . • ! (SEAL) antiffal Barot, President STATE OF VIRGINIA CITY/COUNTY OF to -wit: The foregoing instrument was acknowledged before me this day December, 2004, by Jayantiyal Barot, President of Absolute Hospitali , Inc., Virginia corporation, Grantor. � My Commission Expires: PREPARED BY: SYKES. ROURDON. AHERN & LEVY. P.0 of a 31 PREPARED BY: SYKES. BOURDON. A- M & LEW. P.0 EXHIBIT "A" MI that certain piece or parcel of land lying and being in the City of Virginia Beach, Virginia, designated as Parcel 2A-2 on that certain plat made by MSA, P.C., dated August 15, 2001, entitled, "RESUBDIVISION PLAT OF PARCEL `1A' AND PARCEL `1B' RESUBDIVISION PLAT OF PARCELS 1, 2 AND 3 AS SHOWN ON RESUBDIVISION PLAT OF PROPERTY OF MANUELITO O. & M.A. AURORA V. CALAYO BURTON STATION ROAD (MD 205, PG 80) (MB 254, PG 84) AND PROPERTY OF FRANK T. WILLIAMS, LOT A, RECORDED IN DB 4309, PG 1788 VIRGINIA BEACH, VIRGINIA" recorded in the Clerk's Office, Circuit Court, City of Virginia Beach, Virginia, in Map Book 301, pages 70 and 71, reference to which plat is hereby made for a more particular description. TOGETHER WITH a non-exclusive easement in common with Parcel 2A-1 for the purposes of ingress and egress and passage by commercial and other vehicles and by pedestrians over Parcel 2A-1 as more fully described in that certain Declaration made by Absolute Hospitality, Inc., dated November 21, 2001, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4583, Page 2 10 1. GPIN: 1458-98-3843 CONDITIONALREZONING/ FRONnERDEVELOPMENT/ NORTHAMPTON/ PROFFER VA L. APPOINTMENTS Eastern Virginia Medical School Francis Land House Board of Governors Health Services Advisory Board Investment Partnership Advisory Committee Open Space Subcommittee Performing Arts Theatre Advisory Committee Towing Advisory Board M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITY OF VIRGINIA BEACH UMMARY OF COUNCIL ACTIONS V O I M B L C E S L 5110105 [AGENDA D C M R C A W 1 I D J L A N R H N I E Y O A D D E M U L W Z E N N D O E I E S p SUBJECT MOTION VOTE E E A O R V D V O p L R S N X F E T A N D I/II/III/IV CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y NNUE F/G/H MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y INFORMAL/FORMAL SESSIONS 4/26/05 1 Ordinances re FY 2005-2006 BIENNIAL BUDGET: FY 2006/FY 2011 CH'/APPROPRIATE ADOPTED, AS 11-0 Y Y Y Y Y Y Y Y Y Y Y a $233,955,878 for FY 2006 Capital Budget AMENDED, BY CONSENT b AUTHORIZE issuance of GO Public ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Improvement Bonds $55,200,000 CONSENT c AUTHORIZE issuance of Storm Water ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Utility System Revenue Bonds of $2,420,000 CONSENT d AUTHORIZE issuance of Water/Sewer ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y System Revenue Bonds of $16,997,000 CONSENT 2 Ordinances re FY 2005-2006 Operating Budget: a APPROPRIATE FY 7/1/05 — 6/30/06 ADOPTED BY CONSENT * Y * Y * Y Y $I,498,529,258 for Operations/ $516,510,423 er: NAY Debt Interfund Transfers Per Capita, BRT McClanan: NAY Debt Per Capita, BRT Schmidt: NAY Debt Per Capita, BRT Villanueva: NAY Convention Ctr. CIP Wilson: NAY BRT b ESTABLISH tax levy on real estate for FY ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 2006 at $1.0239 CONSENT c ESTABLISH tax levy on personal ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y property/machinery/tools for calendar year CONSENT 2006 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I M B L C E S L DATE: 5/10105 D C M R C A W PAGE: 2 1 D J L A N R H N I E Y O A D D E M U L W AGENDA Z N N D O E I E S p ITEM # SUBJECT MOTION VOTE E E E A O R V D V O p L R S N X F E T A N D d AUTHORIZE Annual Funding Plan to ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y HUD re renewal of funding CONSENT e AMEND §§35-64/35-67 City Code re real OPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y estate taxes for elderly/disabled CONSENT f AMEND §§37-46 /37-47 of City Code re ADOPTED BY 9-2 Y N Y N Y Y Y Y Y Y Y water usage rates CONSENT g AMEND §28-26 of City Code re sewer ADOPTED BY 9-2 Y N Y N Y Y Y Y Y Y Y service charges CONSENT h AMEND §32.5-2 of City Code re ERU fee ADOPTED BY 9-2 Y N Y N Y Y Y Y Y Y Y CONSENT i AMEND §21-205 of City Code re for ADOPTED BY 9-2 Y N Y N Y Y Y Y Y Y Y oversize/overweight vehicles CONSENT 1 AMEND §33-71 of City Code re fees for ADOPTED BY 9-2 Y N Y N Y Y Y Y Y Y Y streets/sidewalks CONSENT k ADD §8-31/AMEND §§8-31/8-31.1/8-32/8- ADOPTED BY 8-3 Y N Y N Y Y Y Y Y Y N 33/8-34 of City Code re permits/ CONSENT administrative fees/establishing fee for DFU pre -inspection I AMEND §2-83 of City Code re ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Holidays/adding day after Thanksgiving CONSENT 3 Ordinance to AMEND City Code §§ 36- ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 57/36-58/36-61 re Charter Bus CONSENT pazking/stopping in Resort Area. 4 Ordinances re Surreys in the Resort Area: Councilman Maddox requested staff to seek ways of enforcement a ADD §7-71 the City Code re regulating ADOPTED 8-3 Y N Y N Y Y Y Y Y Y N rental/use of Surreys b City Policy re "Rental of Surreys in the Resort ADOPTED 8-3 Y N Y N Y Y Y Y Y Y N Area" CITY OF VIRGINL4 BEACH SUMMARY OF COUNCIL ACTIONS O M B C E S DATE: 5/10/05 D C M R C PAGE: 3 I D J L A N R H E Y 0 A D D E M AGENDA Z E N N D 0 E I ITEM # SUBJECT MOTION VOTE E E A 0 R V D L R S N X F E T 5 Ordinance to AUTHORIZE $120,000 re a ADOPTED BY 10-1 Y Y Y N Y Y Y Y Y Y Y grant to Virginia Beach Performing Arts CONSENT Center Foundation 6 Ordinance to AUTHORIZE acquisition for ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y r/o/w easements, by agreement or CONSENT condemnation, re Shore Drive intersections at Treasure Island Drive/Marlin Bay Drive/Shady Oaks Drive 7 Resolutions re Joint Land Use (JLUS) Staff directed to come back with recommendation re Christian Assembly of God CUP and its status a EXTEND Interim Guidelines re development ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y in AICUZ b ACCEPT final Hampton Roads Joint Land ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Use Study (JLUS)/DIRECT Ordinances to implement recommendations 8 Resolution to DIRECT a Pubic Safety ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Compensation Review CONSENT J/1 PLEASANT GROVE BAPTIST CHURCH MODIFIED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y MODIFICATION of Conditions to allow a CONDITIONED BY CONSENT Child Care Center within existing church re CUP, (approved January 22, 1990) at 2153 Kempsville Road. (DISTRICT 1 - CENTERVILLE) 2 COASTAL COMMUNITY CHURCH MODIFIED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y MODIFICATION of Conditions to add an CONDITIONED BY CONSENT awning re CUP, (approved October 28, 1997) at 2800 South Independence Boulevard. (DISTRICT 1 - CENTERVILLE) 3 APC REALTY & EQUIPMENT CO. LLC, APPROVED/ 10-1 Y Y Y N Y Y Y Y Y Y Y SPRINTCOM, INC./SPRINT PCS CUP re CONDITIONED BY CONSENT communications tower within Dominion Virginia Power transmission structure at 5697 Magnolia Run Circle. (DISTRICT 1 - CENTERVILLE) CITY OF VIRGINL4 BEACH SUMMARY OF COUNCIL ACTIONS V O I M B L C E S L DATE: 5110105 D C M R C A W PAGE: 4 I D J L A N R H N I E Y O A D D E M U L W AGENDA Z N N D O E I E S p ITEM # SUBJECT MOTION VOTE E E E A O R V D V O p L R S N X F E T A N D 4 CSM, L.L.C. CZO from A-18 to R-5S at APPROVED 9-2 Y Y Y N Y Y Y Y Y N Y Rosemont Road/Bancroft Drive. (DISTRICT 3 — ROSE HALL) 5 SANDLER AT ASHVILLE PARK, LLC APPROVED 9-2 Y Y Y N Y N Y Y Y Y Y CZO from Conditional R-3 and P-1 with a WITH MINOR PDH-2 at Princess Anne Road/Flanagan ,s CHANGES Lane/Sandbridge Road (DISTRICT 7 — PRINCESS ANNE) 6/a CITY: APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT CZO from B-3 to B-3A at Commerce/Market Streets. (DISTRICT 5 — LYNNHAVEN) b COMMUNICATIONS/INFORMATION BY 11-0 Y Y Y Y Y Y Y Y Y Y Y TECHNOLOGY (COMIT) CUP re CONS communications tower at 2508 Princess Anne Road. (DISTRICT 7 — PRINCESS ANNE) K APPOINTMENTS RESCHEDULED B Y C O N S E N S U S FRANCIS LAND HOUSE BOARD OF GOVERNORS HEALTH SERVICES ADVISORY BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE PERFORMING ARTS THEATRE ADVISORY COMMITTEE TOWING ADVISORY BOARD MINORITY BUSINESS COUNCIL 11-0 Y Y Y Y Y Y Y Y Y Y Y Reappoint 2 year term 6/1/05 — 5/31/05 Dr. Timothy Miller PARKS AND RECREATION 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION Appointed Unexpired to 8/31/06 Tommy Johnson L/M/N ADJOURNMENT 8:26 PM