HomeMy WebLinkAboutJUNE 13, 2006 MINUTES
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF. At-Large
VICE MA YOR LOUIS R. JONES. Bayside - District 4
HARRY E. DIEZEL Kempsville - District 2
ROBERT M DYER. Centerville - DistriclI
REBA S. McCLANAN. Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE. Princess Anne - District 7
PETER W SCHMIDT, At-Large
RON A. VILLANUEVA. At-Large
ROSEMARY WILSON. At-lArge
JAMES L. WOOD. LynniJaven "District 5
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CiTY CLERK - RUTH HODGES SMITH. MMC
CITY OF VIRGINIA BEACH
A COMMUNITY FOR A LIFETIME
CITY COUNCIL AGENDA
13 JUDe 2006
I.
CITY COUNCIL COMMENTS
Conference Room
II. REVIEW OF AGENDA ITEMS
III. INFORMAL SESSION
Conference Room
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
3:00 PM
4:00 PM
2. Ordinance to DISSOLVE and RECONSTITUTE the Virginia Beach Arts and Humanities
Commission.
3. Ordinance re MODIFICATIONS to Town Center Phase III project documents.
4. Resolution to DESIGNATE the Atlantic Bottlenose Dolphin as the City's official Marine
Mammal.
5. Annual PERMIT RENEWAL for area private and non-profit EMS organizations:
a. Medical Transport
b. Lifeline Ambulance Service, Inc.
c. Nightingale Regional Air Ambulance
d. Children's Hospital of the King's Daughters
e. Eastern Shore Ambulance
f. Network Medical
6. Ordinances to AUTHORIZE temporary encroachments:
a. Carl A. Eason and Katherine F. Ripberger into Lake Wesley to construct and
maintain a pier extension, gazebo, floating piers, boat lift, et cetera, at 528 Kerry
Lane DISTRICT 6 - BEACH
b. Robert J. and Carol R. Quinn into a man-made canal in Lagomar to construct
and maintain a bulkhead, dock and boat lift: at 2404 Entrada Drive
DISTRICT 5 - PRINCESS ANNE
7. Ordinance to REVISE categorical appropriations for the School operating fund and
AMEND their FY 2006-07 operating and capital budgets as requested by the School Board.
8. Ordinance to AUTHORIZE the acquisition, by purchase for public purposes, a portion of
property at 420 Thalia Road from Thalia Trinity Presbyterian Church; and,
AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto.
9. Ordinances re Williams Farm property:
a. AUTHORIZE the City Manager to SELL a portion of City property at 1068
Newtown Road to the Virginia Beach School Board re a new elementary school;
ACCEPT the dedication of a right-of-way; and, EXECUTE all documents
pertaining thereto
b. ESTABLISH a Capital Project re Williams Park Improvements and
APPROPRIATE $1,264,972 from the sale of property re park infrastructure
development
10. Ordinance to ACCEPT and APPROPRIATE $43,560 from Cost Recovery Revenue and
$4,944 from the Fire Department Gift Fund to the Fire Department's FY 2005-06 operating
budget re Operation Smoke Detector and the Life Safety Education program.
11. Ordinance to APPROPRIATE $350,000 in Federal and State revenue re childcare
subsidies to low-income parents.
5. Applications of OCEAN PROPERTIES, L.L.C. at 4856, 4840, 4848,4832 Shore Drive
and 2209, 2213, 2217, 2216, 2208 North Oliver Road:
DISTRICT 4 - BA YSIDE
a. Discontinuance, closure and abandonment of a portion of North Oliver Drive,
beginning on the north side of Shore Drive and extending to its terminus at Lake
Bradford
b. Chanf!e ofZoninf! District Classification from R-IO (SD) Residential District to
Conditional B-4 (SD) Mixed Use District
c. Conditional Use Permit for multi-family dwellings
RECOMMENDATION
APPROVAL
L. APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
BEACHES AND WATERWAYS COMMISSION
BIKEWAYS AND TRAILS ADVISORY COMMITIEE
BUILDING CODE OF APPEALS - New Construction
GREEN RIBBON COMMITIEE
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
MINORITY BUSINESS COUNCIL
OCEANA LAND USE CONFORMITY COMMITTEE
PARKS AND RECREATION COMMISSION
SPORTS AUTHORITY OF HAMPTON ROADS
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
CITY COUNCIL SESSIONS RESCHEDULED
July 4, 2006
July 11, 2006
ALL SESSIONS CANCELED
July 18, 2006
July 19 - August 7, 2006
August 8, 2006
Briefmg, Informal and Formal Sessions
and Reorganization of City Council
Briefmg, Informal and Formal Sessions
City Council Vacation
Resume Regular Schedule
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
13 June 2006
Mayor Meyera E. Oberndorf called to order the City Council Comment Session in the City Council
Conference Room, City Hall, on Tuesday, June 13, 2006 at 2:00 P.M
Council Members Present:
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, Rosemary Wilson and James L. Wood
Council Members Absent:
Ron A. Villanueva
[Entered: 3:10 P.M.]
June 13, 2006
- 2 -
CITY COUNCIL COMMENTS
3:00 P.M.
ITEM # 55294
Mayor Oberndorf introduced Sheriff Paul Lanteigne to discuss his concept of a handicapped access
baseball field.
Sheriff Lanteigne advised he had discussed this concept for special needs children with the Mayor.
Approximately $5,000 has been raised. The Sheriff's department is currently lookingfor a baseball field.
There is a parcel att the Law Enforcement Academy which may be the opportunity to create this field for
handicapped access. Sheriff Lanteigne requested City Council's support of this worthwhile endeavor.
Mayor Oberndorf referenced the one field in Norfolk utilized during the Olympics for these special
baseball players.
ITEM # 55295
Mayor Oberndorf referenced the proposed Ceremonial Oath of Office, Farewell to Retiring Members
and Reception scheduled for June 30, 2006.
Councilman Villanueva had suggested the Ceremony be held at Fort Story in the vicinity of the Settlers
First Landing (Cape Henry) in 1607.
Council Lady Wilson advised the School Board always schedules a dinner to honor retiring members
and greet the new members.
Council Lady McClanan was advised City Council's appointment and swearing in of the Vice Mayor
would still be conducted on July 11,2006.
The City Clerk shall be in charge of the arrangements.
ITEM # 55296
On June 7, 2005, City Council ADOPTED A Resolution to express support and AUTHORIZE the City
Manager to negotiate a contract with Urban Land Institute (ULI) re a performance study for the
"Villages of Pungo ". On March 14, 2006, City Council ADOPTED an Ordinance authorizing the City
Manger to execute an agreement between the City and the Urban Land Institute for a Pungo Village
Land Use Study.
Councilman Reeve advised the Urban Land Institute members were in town Sunday Night, June 11,
2006, to "kick off" this study. Mayor Oberndorf, Councilman Reeve and Robert Scott, Director of
Planning, met them at dinner. The ULI toured the Pungo area Monday, June 12, 2006, during the day,
which was proceeded by an Open House. Today, June 13, 2006, personal interviews were conducted for
members of the Pungo community and representative groups. The ULI report will be presented on Friday
morning, June 16, 2006.
Mayor Oberndorf advised the members of the Urban Land Institute are volunteers, utilizing their
vacation time, to perform this study. The $115,000 allocated is strictly for expenses (traveling, hotel and
materials utilized in preparation of the Study)
June 13, 2006
- 3 -
CITY COUNCIL COMMENTS
ITEM # 55297
Council Lady Wilson referenced her attendance at the Executive Board Meeting of the Virginia
Municipal League this past weekend (June 10, 2006). As the State has not adopted their budget, the
ramifications to local government were discussed: i.e. reimbursement of car tax funds (approximately
$50-MILLION), 1 cent sales tax local funding accumulated by the State, bond rating impact will have a
ripple effect, fringe benefits i.e. Virginia Retirement System funding and Workman's Compensation,
School funding (Summer School, teachers' being paid on a twelve (12) month contract). If the Cities
compensate for these costs, will the Cities be reimbursed?
ITEM # 55298
Council Lady Wilson referenced her telephone conversation with former Council Member and Vice
Mayor William D. Sessoms concerning the Rescue Squad Foundation. A media campaignfor volunteers
is being prepared to encourage volunteers. The Rescue Squad will donate $125,000. Chief Bruce
Edwards - Emergency Medical Services, has offered $50,000 from his Operating Budget. The Rescue
Squad Foundation has requested City Council consider contributing $50,000 to $75,000.
The City Manager shall provide information concerning the perimeters of the Rescue Squad Foundation,
their available funds, and whether this will be a city-wide campaign.. He will confirm, but understands
this program is just to target additional volunteers.
Council Lady McClanan requested an itemization of expenses
June 13, 2006
- 4-
A GENDA REVIEW SESION
3:25 P.M.
ITEM # 55299
Vice Mayor Louis R. Jones distributed:
Resolution DIRECTING the Planning Commission to consider
amendments to the Comprehensive Plan removing recommendations for
the establishment of a Redevelopment and Housing Authority and other
amendments re establishment of a Redevelopment and Housing
Authority.
Vice Mayor Jones referenced Council Lady McClanan's concerns during the City Council Session of
June 6, 2006. Council Lady McClanan had referenced the correspondence of Al Ablowich related to the
defeat of the Referendum concerning the creation of a Redevelopment and Housing Authority. Mr.
Ablowich is requesting the Comprehensive Plan be revised to remove the language to pursue a
Redevelopment Housing Authority. Council Lady McClanan requested the City Attorney research and
provide information concerning revision of the Comprehensive Plan.
Vice Mayor Jones requested the City Attorney prepare a Resolution to refer the issue to the Planning
Commission. Vice Mayor Jones requested this item be ADDED to this Agenda or scheduled for the City
Council Session of June 27,2006.
ITEM # 55300
1. Ordinance to AMEND the City Code:
a. Article II: ADD ~ 2-15 re Mayoral, City Council and School Board
elections on the first Tuesday in November
Council Lady McClanan expressed concern, as she wished the volunteers working the Polls today, June
13, 2006, to be able to express their concerns. Council Lady McClanan requested this item
DEFERRED. Mayor Oberndorf advised the Virginia Beach Taxpayers Alliance forwarded
correspondence in opposition to Mayoral, City Council and School Board elections on the first Tuesday
in November.
ITEM # 55301
1. Ordinance to AMEND the City Code:
b 910-1: ADD one voting precinct, CHANGE boundary lines for two
voting precincts and MOVE three polling locations
Pat Harrington, Voter Registrar, advised the Virginia Beach Electoral Board voted on February 3, 2006,
and May 9, 2006, to create one new precinct and make other boundary line and polling location changes.
After City Council's adoption, these changes will become effective upon approval by the Us. Department
of Justice pursuant to the Voting Rights Act of 1965, as amended, beginning with the November 7, 2006,
General Election.
June 13, 2006
- 5 -
AGENDA RE VIE W SESION
ITEM # 55301
BY CONSENSUS, thefollowing items shall compose the CONSENT AGENDA:
J. RESOLUTION/ORDINANCES
1. Ordinance to AMEND the City Code:
b ~1O-1: ADD one voting precinct, CHANGE boundary lines for two
voting precincts and MOVE three polling locations
2. Ordinance to DISSOL VE and RECONSTITUTE the Virginia Beach Arts and
Humanities Commission.
4. Resolution to DESIGNATE the Atlantic Bottlenose Dolphin as the City's
official Marine Mammal.
5. Annual PERMIT RENEWAL for area private and non-profit EMS
organizations:
a Medical Transport
b Lifeline Ambulance Service, Inc.
c Nightingale Regional Air Ambulance
d Children's Hospital of the King's Daughters
e Eastern Shore Ambulance
f Network Medical
6. Ordinances to AUTHORIZE temporary encroachments:
a. Carl A. Eason and Katherine F. Ripberger into Lake Wesley to
construct and maintain a pier extension, gazebo, floating piers,
boat lift, et cetera, at 528 Kerry Lane DISTRICT 6 - BEACH
b. Robert J. and Carol R. Quinn into a man-made canal in Lagomar
to construct and maintain a bulkhead, dock and boat lift at the rear
of 204 Entrada Drive DISTRICT 5 - PRINCESS ANNE
7. Ordinance to REVISE categorical appropriations for the School operating
fund and AMEND their FY 2006-07 operating and capital budgets as
requested by the School Board.
8. Ordinance to AUTHORIZE the acquisition, by purchase for public purposes,
a portion of property at 420 Thalia Road from Thalia Trinity Presbyterian
Church; and, AUTHORIZE the City Manager to EXCUTE all documents
pertaining thereto.
June 13, 2006
- 6 -
AGENDA RE VIE W SESION
ITEM # 55301 (Continued)
9. Ordinances re Williams Farm property:
a. A UTHORIZE the City Manager to SELL a portion of City property
at 1068 Newtown Road to the Virginia Beach School Board re a new
elementary school; ACCEPT the dedication of a right-of way; and,
EXECUTE all documents pertaining thereto
b. ESTABLISH a Capital Project re Williams Park Improvements and
APPROPRIATE $1,264, 972from the sale of property re park
infrastructure development
10. Ordinance to A CCEPT and APPROPRIA TE $43,560 from Cost Recovery
Revenue and $4,944 from the Fire Department Gift Fund to the Fire
Department's FY 2005-06 operating budget re Operation Smoke Detector and
the Life Safety Education program.
11. Ordinance to APPROPRIATE $350,000 in Federal and State revenue re
childcare subsidies to low-income parents.
12. Ordinance to ACCEPT and APPROPRIATE a $45,703 grant from the
Department of Criminal Justice Services to the FY2005-06 Human Services
operating budget re multi-systemic therapy services to young adolescents and
their families.
13. Ordinance to APPROPRIATE $125,104 from the General Fund and
$125,104 from the Sheriff's Department Special Revenue Fund to the FY 2006-
07 Sheriff's Department operating budget re increased costs of the Central
Booking Program.
K. PLANNING
1 Application of DANNY K. MARTIN for a ChanJ!e of ZoninJ! District
Classification from R-5D Residential Duplex District to Conditional 1-1 Light
Industrial District at 5840 Burton Station Road to Develop an office-
warehouse facility.
DISTRICT 4 - BAYSIDE
Item J. 6. a. DEFER, BY CONSENT, until the City Council Session of June 27, 2006.
June 13, 2006
- 7 -
ITEM # 55302
RECOGNITION
Sheriff Paul Lanteigne continued the tradition of honoring City Council Members for their service.
Sheriff Lanteigne, on behalf of the men and women of the Sheriff's Office recognized as:
HONORARY DEPUTY SHERIFF'S
Richard A. Maddox
Beach - District 6
Jim Reeve
Princess Anne - District 7
Peter W. Schmidt
At-Large
June 13, 2006
- 8 -
ITEM # 55303
Mayor Meyer E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective candidates for
employment, assignment, appointment, promotion, peiformance, demotion, salaries, disciplining or
resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1)
To Wit: Appointments: Council Appointments: Boards, Commissions, Committees,
Authorities and Agencies
PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of
public funds, and discussion of the terms and scope of such contract, where discussion in an open
session would adversely affect the bargaining position or negotiating strategy of the public body,
pursuant to Section 2.2-3711 (A) (30)
Town Center
PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use
of real property for public purpose, or of the disposition of publicly-held property, or of plans for
the future of an institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.2-3711 (A)(3).
Acquisition/Disposition of Property - Beach District
L ynnhaven District
Upon motion by Councilman Wood, seconded by Councilman Schmidt, City Council voted to proceed
into CLOSED SESSION (3:44 P.M.).
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox. Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Non
(Closed Session: 3:44 P.M. - 5:25 P.M.)
(Dinner: 5:25 P.M. - 5:50 P.M.)
June 13, 2006
- 9 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
Jun3 13, 2006
6:00 P.M.
Mayor Meyer E. Oberndoif called to order the FORMAL SESSION of the VIRGINIA BEA CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 13, 2006, at 6:00 P.M
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
None
INVOCATION: Vice Mayor Louis R. Jones
The Minister, Reverend Stanley Sa'l1Yer, was absent as he was recoveringfrom knee surgery
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is
not personally involved and of which she does not have personal knowledge. In order to ensure her
compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act,
it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of
identifying any matters in which she might have an actual or potential conflict. If, during her review she
identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the
official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady
Wilson's letter of January 27,2004, is hereby made a part of the record.
June 13, 2006
- 10 -
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM # 55304
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
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
June 13, 2006
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM # 55303, Page 8, and in accordance with the provisions of The
Virginia Freedom of Information A~ and,
WHEREAS: Section 22-3712 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 RESOL VEl>. 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.
~~
;;:7l
uth Hodges Smith, MMC
City Clerk
June 13, 2006
- 11 -
Item V- F.1.
MINUTES
ITEM #55305
Upon motion by Council Lady Wilson, , seconded by Councilman Schmidt, City Council APPROVED
Minutes of the INFORMAL and FORMAL SESSIONS) of June 6, 2006.
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor Meyera E. Oberndorf
Council Members Absent:
None
Mayor Oberndoif ABSTAINED re the Minutes of June 6,2006, as she was attending the Us.
Conference of Mayors' 74th Annual Meeting
June 13, 2006
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
BY CONSENSUS, City Council ADOPTED:
- 12 -
ITEM #55306
AGENDA FOR THE FORMAL SESSION
June 13, 2006
- 13 -
Item V-G.J.
PUBLIC HEARING
ITEM #55307
Mayor Oberndorf DECLARED A PUBLIC HEARING:
PRECINCT BOUNDARIES AND LOCATIONS
Create new precincts and polling places
Modify precinct boundaries
Change existing polling places
There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING
June 13, 2006
- 14 -
Item v'J.
RESOLUTIONS/ORDINANCES
ITEM #55308
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Ordinances/Resolutions Items l.b., 2, 4, 5a-f, 6a. (DEFER), 6b. 7, 8, 9a/b, 10, 11,12
and 13 of the CONSENT AGENDA and Item K.l. of the PLANNING AGENDA.
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
June 13, 2006
- 15 -
Item v'J.l.a.
RESOLUTIONS/ORDINANCES
ITEM #55309
The following registered in SUPPORT:
Sidney Raider, 4312 L ynnville Crescent, Phone: 463-2819/620-1177, Retiree with Virginia Beach City
School System
Robert 0 'Connor, 204 52nd Street, Phone: 425-0992, represented the Citizens Action Coalition
John Moss, 4109 Richardson Road, Phone: 363-7745, Chairman - Virginia Beach Taxpayers
Alliance, spoke in support of a Balanced District System by Referendum
Alfonso J. Strazzullo, 3120 Sand pine Road, Phone: 481-0024, represented Citizen Action Coalition, and
distributed an analysis depicting "voter apathy", which is hereby made a part of the record. Mr.
Strazzullo spoke in support of a Ward system.
William Bailey, 4841 Rosecrojt, Phone: 288-5761, spoke in support of a Ward system
Brian Kirwin, 304 Cripple Creek Circle, Phone: 463-0399. The Ward system will not solve all problems
The following registered in OPPOSITION:
Ollie Bates, 613 Meadows Drive, Phone: 467-4624, represented the Virginia Beach Democrat Committee
A MOTION was made by Councilman Wood, seconded by Councilman Maddox to ADOPT the
Ordinance to AMEND the City Code re Article II: ADD * 2-15 re Mayoral, City Council and School
Board elections on the first Tuesday in November
A SUBSTITUTE MOTION was made by Councilman Dyer, to DEFER the Ordinance to AMEND the
City Code re Article II- ADD * 2-15 re Mayoral, City Council and School Board elections on the first
Tuesday in November. A Task Force shall be appointed, schedule discussion at City Council's August
Retreat and a Public Hearing scheduled. MOTION LOST FOR LACK OF A SECOND.
Upon SUBSTITUTE MOTION by Council Lady McClanan, seconded by Councilman Schmidt, City
Council DEFERRED two weeks until the City Council Session of June 27, 2006:
Ordinance to AMEND the City Code:
Article II: ADD * 2-15 re Mayoral, City Council
and School Board elections on the first Tuesday in November
TH~~ 11 "Jnn"
- 16 -
Item v'J.1.a.
RESOLUTIONS/ORDINANCES
ITEM #55309 (Continued)
Voting: 6-5
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Peter W Schmidt and Rosemary Wilson
Council Members Voting Nay:
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva
and James L. Wood
Council Members Absent:
None
A Motion was made by Councilman Villanueva, seconded by Councilman Dyer to establish a study
committee re the establishment of a Ward System. SAID MOTION was WITHDRA WN.
June 13, 2006
- 17 -
Item V.J.1.b.
RESOLUTIONS/ORDINANCES
ITEM #55310
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AMEND the City Code:
~ 10-1: ADD one voting precinct, CHANGE boundary
lines for two voting precincts and MOVE three polling
locations
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
June 13, 2006
1 AN ORDINANCE TO AMEND AND REORDAIN THE CITY
2 CODE BY ADDING ONE PRECINCT, CHANGING THE
3 BOUNDARY LINES OF TWO PRECINCTS, AND MOVING
4 THREE POLLING LOCATIONS
5
6 SECTION AMENDED: ~ 10-1
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 10-1 of the City Code is hereby amended and
12 reordained, to read as follows:
13 Sec. 10-1. Establishment of precincts and polling places.
14
There are hereby established in the city the following
15 precincts and their respective polling places, as set forth below:
16
Precinct
Polling Place
17
Alanton
Alanton Elementary School
18
Aragona
Kemps Landing Magnet School
19
Arrowhead
Arrowhead Elementary School
20
Avalon
Avalon Church of Christ
21
Baker
Ebenezer Baptist Church
22
Bayside
Bayside Elementary School
23
Bellamy
Salem Middle School
24
Blackwater
Blackwater Fire Station
25
Bonney
Center for Effective Learning
26
Brandon
Brandon Middle School
27
Brookwood
Broo]cJOod ElcFflcnt.:lry School
28
Bow Creek Recreation Center
29
Buckner
Holy Spirit Catholic Church
1
30
31
Cape Henry
Research and Enlightenment Building
(Edgar Cayce Library)
32
Capps Shop
Back Bay Christian Assembly
33
Centerville
Centerville Elementary School
34
Chesapeake Beach
Bayside Baptist Church
35
College Park
College Park Elementary School
36
Colonial
Colonial Baptist Church
37
38
Colony
Lynnhaven
Church
Colony
Congregational
39
Corporate Landing
Corporate Landing Middle School
40
Courthouse
Courthouse Fire Station
41
Creeds
Creeds Fire Station
42
Cromwell
Salem United Methodist Church
43
Culver
Ocean Lakes High School
44
Dahlia
Green Run High School
45
Davis Corner
Bettie F. Williams Elementary School
46
Eastern Shore
Eastern Shore Chapel
47
Edinburgh
St. Aidan's Episcopal Church
48
Edwin
Kempsville Recreation Center
49
Fairfield
Kempsville Presbyterian Church
50
Foxfire
Princess Anne Middle School
51
Glenwood
Glenwood Elementary School
52
Great Neck
All Saints Episcopal Church
53
Green Run
Green Run Elementary School
54
Haygood
Haygood United Methodist Church
2
55 Holland
56 Homestead
57 Hunt
58 Indian Lakes
59 Kings Grant
60 Kingston
61
62 Lake Smith
63 Landstown
64 Larkspur
65 Linkhorn
66 London Bridge
67 Lynnhaven
68 Magic Hollow
69 Malibu
70 Manor
71 Mt. Trashmore
72 North Beach
73 Ocean Lakes
74 Ocean Park
75 Oceana
76
77 Old Donation
78 Pembroke
79 Plaza
Holland Elementary School
Providence Presbyterian Church
Princess Anne Recreation Center
Indian Lakes Elementary School
St. Nicholas Catholic Church
King8ton Elcfficnt~ry School
King's Grant Presbyterian Church
Bayside Church of Christ
Landstown Community Church
St. Andrews United Methodist Church
Virginia Beach Community Chapel
London Bridge Baptist Church
Grace Bible Church
Roma Lodge No. 254
Malibu Elementary School
Providence Elementary School
Windsor Woods Elementary School
Galilee Episcopal Church
Ocean Lakes Elementary School
Bayside Community Recreation Center
Scott Memorial United Methodist
Church
Old Donation Center for Gifted
Pembroke Elementary School
Lynnhaven Elementary School
3
80
81
Pleasant Hall
Kempsville Baptist Church Pleasant
Hall Annex
82
Point O'View
Kempsville Church of Christ
83
Red Wing
Birdncclc ElcFflcnt.:lry School
84
Fraternal Order of Police, Lodge #8
85
Reon
Woodstock Elementary School
86
Rock Lake
Salem Elementary School
87
Rosemont Forest
Rosemont Forest Elementary School
88
Roundhill
Salem High School
89
90
Rudee
Virginia Beach Volunteer Rescue
Squad Building
91
Seatack
Seatack Community Recreation Center
92
Shannon
Church of the Ascension
93
Shelburne
Christopher Farms Elementary School
94
Shell
Unity Church of Tidewater
95
Shelton Park
Shelton Park Elementary
96
Sherry Park
St. Matthews Catholic Church
97
Sigma
Red Mill Elementary School
98
South Beach
Contemporary Art Center of Virginia
99
Stratford Chase
Community United Methodist Church
100
Strawbridge
Strawbridge Elementary School
101
Tallwood
Tallwood Elementary School
102
Thalia
Thalia Elementary School
103
Thoroughgood
Independence Middle School
104
Timberlake
White Oaks Elementary School
4
105
Trantwood
Virginia Beach Christian Church
106
Upton
Three Oaks Elementary School
107
Village
Thalia Lynn Baptist Church
108
Windsor Oaks
Windsor Oaks Elementary School
109
Witchduck
Bayside Presbyterian Church
110
Wolfsnare
Virginia Beach Christian Life Center
111
112
113
114
115
116
117
Central Absentee
Voter Precinct
Agriculture/Voter Registrar Building
BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the boundaries of the Davis Corner and Haygood Precincts
118 shall be as set forth in the attached map labeled, "Map A; Davis
119 Corner Precinct Split: New Precinct Name - Haygood; Haygood United
120 Methodist Church," and the boundaries of the Great Neck and Colony
121 Precincts shall be as set forth in the attached map labeled, "Map
122 B; Great Neck & Colony Precincts Boundary Change." Both maps have
123 been exhibited to City Council and are on file in the Voter
124 Registrar's Office.
125 Adopted by the City Council of the City of Virginia Beach,
126 Virginia, on this 13th
day of June
, 2006.
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL
SUFFICIENCY:
~
c~~kice
5
CAI0054
PA/GG/ORDRES/Proposed/10-l Polling Locations ORD
R-2
June 6, 2006
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- 18 -
Item V.J.2
RESOLUTIONS/ORDINANCES
ITEM #55311
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to DISSOL VE and RECONSTITUTE the Virginia Beach
Arts and Humanities Commission.
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
June 13, 2006
1
2
3
AN ORDINANCE
THE VIRG INIA
COMMISSION
TO DISSOLVE
BEACH ARTS
AND RECONSTITUTE
AND HUMANITIES
4
WHEREAS, by ordinance adopted May 7, 1979, City Council
5 ratified and confirmed the creation of the Virginia Beach Arts
6 and Humanities Commission (the "Commission");
7
WHEREAS, by ordinance adopted August 12, 1997, City Council
8 amended and reordained that ordinance; and
9
WHEREAS, a majority of the members of the commission are
10 serving their final terms and will not be eligible for
11 reappointment under the current ordinance.
12
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
13 OF VIRGINIA BEACH, VIRGINIA:
14
1.
That the current Virginia Beach Arts and Humanities
15 Commission is hereby dissolved and reconstituted, in accordance
16
wit the provisions set forth below.
Upon adoption of this
17 ordinance, the terms of the current members of the commission
18
shall
expire,
but
those members
shall
be
eligible
for
19 reappointment to the newly reconstituted commission.
20
2.
That
"An Ordinance Ratifying and Confirming the
21 Creation of the Virginia Beach Arts and Humanities Commission
22 and Providing for its Composition, Terms of Members, Conducting
23 of Business, Etc.," as adopted by City Council on May 7, 1979,
24 and as amended and reordained by City Council on August 12,
25 1997, is hereby amended and reordained to read as follows:
26 Section 1. Creation
27
There is hereby created an advisory commission to be known
28 as the Virginia Beach Arts and Humanities Commission (the
29 "Commission") .
30 Section 2. Composition
31
32
The Commission shall consist of eleven (11) commissioners
appointed by City Council.
To be eligible for appointment, each
33 commissioner shall maintain a primary residence in the City of
34
Virginia Beach.
A commissioner may concurrently hold membership
35 on the corporate board of an arts group in the Commonwealth of
36 Virginia; provided, however, that the commissioner shall be
37 required to abstain from participating in the Commission's
38 discussion or vote on any matter involving the arts group on
39 whose corporate board the commissioner serves.
40 Section 3. Ter.ms of Commissioners
41
42
The term of each commissioner shall begin on July 1 of the
year ~n which the commissioner is appointed.
The terms 0 f
43 commissioners shall be for t..vO (2) four (4) years; provided,
44
45
however,
that for the initial appointments to the newly
reconstituted commission,
the terms shall be staggered, as
46 follows: two (2) members shall be appointed for one-year terms,
47 three (3) members shall be appointed for two-year terms, three
2
48 (3) members shall be appointed for three-year terms, and three
49 (3) members shall be appointed for four-year terms. Prior to
50 June 1 of each year, the City Council ",;ill appoint :Jix (6)
51 cOffiffiiooioner;] in e~en numbered year;] and five (5) commiooioner3
52
in odd numbered year3.
They shall hold office during their
53 respective terms at the pleasure of the City Councilor until
54 their successors have been appointed and have taken office.
55 Notwithstanding the provisions of City Code ~ 2-3, City Council
56 shall have the discretion to appoint a member to more than two
57 (2) consecutive terms if Council concludes that reappointment
58 would serve the best interests of the commission by promoting
59 continuity.
60 Section 4. vacancies
61
62
All vacancies on the Commission occurring by reason of
resignation,
removal,
or
otherwise
shall
be
filled
by
63 appointment by the City Council for the remainder of the
64 unexpired term.
65 Section 5. Election of Officers; Term
66
At the Annual Meeting in July of each year, the members of
67 the Commission shall elect from among the commissioners the
following officers who shall,
collectively,
constitute the
68
69
70
Executive Committee:
A Chair, a Vice-Chair, a Secretary and a
Treasurer.
All officers shall serve for terms of one (1) year
71 or until their successor is elected: provided, however, that no
3
72 officer shall serve more than two (2) consecutive one-year terms
73 in the same office.
74
Second, a pro7i::!ion i::! added Q;rhich limi to officer::! to
75 ::!erJing t.v;O (2) con::!ecutive one year term::! in the oame office.
76 Section 6. Meetings
77
Unless otherwise ordered by the Commission of the Executive
78 Committee, regular meetings shall be held in May and July and
79 not less than six (6) times annually. A regular meeting in July
80 shall be known as the Annual Meeting and shall be for the
81 purpose of electing officers, receiving written reports of
82 officers and committees, and conducting any other business that
83 may arise.
84 Section 7. Quorum
85
A majority of the commissioners shall constitute a quorum
86 for the transaction of business.
87 Section 8. Powers of Executive Committee
88
The powers of the Commission shall be exercised by the
89 Executive Committee after approval by the Commission.
90 Section 9. Conduct of Business
91
The Commission may adopt bylaws, for the conduct of its
92 business; provided such bylaws are consistent with this with
93 this ordinance and Robert's rules of Order.
94
95
4
96 Section 10. Purpose of Commission
97
The purpose of the Conunission is to serve 1n an advisory
98 capacity to the Virginia Beach City Council; to encourage the
99 development of programs in the arts and humanities in the city
100 of Virginia Beach; to bring into closer cooperation all local
101 and regional arts organizations for the benefit of all citizens
102 of Virginia Beach; to provide information and assistance to such
103 organizations when feasible; to serve as the coordinating group
104 through which shall be channeled all City funds appropriated to
105
organizations promoting
the arts
and humanities;
and
to
106 coordinate efforts to secure federal and state funding for
107 programs 1n the arts and humanities.
1
108
The scope of this Conunission 1S limited to groups which
109 quality as a registered non-profit tax exempt group and which
110 have, as a stated purpose, the furtherance of the arts and
111 humanities through the provision of progranuning and/or services
112 designed to benefit the citizens of Virginia Beach.
113 Section 11. Reports
114
The Conunission shall make the following reports to the City
115 Council and shall provide reconunendations to City Council from
116 time to time as may be required:
117
1)
Budget reconunendations for each ensuing fiscal year by
118
December 31 of each calendar year;
5
119
2)
Such financial reports as may be directed or requested
120
by the Director of Finance;
121
3 )
Reports of the attendance record of each commissioner,
122
in accord with the requirements of Section 2-3.1 of
123
the City Code; and
124
4)
An annual report of the Commission's activities by May
125
15~ of each year.
126 Section 12. Conflict
127
This Ordinance,
as amended,
supercedes
"An Ordinance
128 Ratifying and Confirming the Creation of the Virginia Beach Arts
129 and Humanities Commission and Providing for its Composition,
130 Terms of Members, Conducting of Business, etc.," adopted by City
131 Council on May 7, 1979 and readopted by City Council on August
132 12, 1997, and also supercedes the provisions of any other
133 ordinance or resolution, or the provisions of any bylaws, which
134 may be in conflict with this ordinance.
135
136 Adopted by the Council of the City of Virginia Beach,
137 Virginia on the 13th day of June, 2006.
6
- 19-
Item V.J.3.
RESOLUTIONS/ORDINANCES
ITEM #55312
Associate City Attorney Jennifer V. Huelsberg highlighted the major elements of Phase III and the
modifications proposed to the Town Center Phase III Project.
Summary of Modifications to Phase III Project Documents
Block 7
Parking Garage guaranteed maximum price increased to $17,173,588
Virginia Beach Development Authority to pay actual interest portion of Parking Garage
and Conference Unit acquisition, regardless of guaranteed maximum price, if interest
portion exceeds Developer's estimates solely due to rate increase (above 5% per annum).
Virginia Beach Development Authority is obligated to purchase Block 7 West Retail upon
substantial completion of shell space and rest of Block 7
Purchase price based on actual construction cost with a guaranteed
maximum price of $2. 8-MILLION (cold dark shell)
Developer obligated to re-purchase after three (3) years for Virginia
Beach Development Authority's purchase price plus cost-of-carry
If the Virginia Beach Development Authority exchanges Block 7 West
Retail for Block 2, Developer obligated to purchase Block 2 after three
(3) years for Virginia Beach Development Authority's all-in cost to
obtain Block 2, plus cost-of-carry
Block 6E
Developer to acquirer Block 6E by December 31, 2006,for $523,000 purchase price
If the Virginia Beach Development Authority does not deliver Block 6E land by December
31,2006, developer can defer $200,000 of purchase price
Developer to pay the $200,000 deferral to Virginia Beach Development
Authority upon McCormick and Schmick rent commencement date unless
the Virginia Beach Development Authority's late delivery caused
Developer to miss shell delivery deadline to McCormick and Schmick..
If shell delivery deadline missed, then Developer keeps portion of
$200,000 attributable to lost rent incurred because of missed deadline
Developer to pay parkingfee of $8, 942 per residential condominium unit located on
Block 6E
Construction/Reimbursement Alternative (RA) payment increased to $226,000 per year
Block 9
Acquisition date extended to September 1,2010
Construction commencement date extended to December 31,2012
Construction completion date extended to September 1,2014
Construction/Reimbursement Alternative (RA) payments due beginning December 2010
(unless additional assessments in Phase III are sufficient to credit)
Option Agreement
Extend Option period to September 1,2010
June 13, 2006
- 20-
Item v'J.3.
RESOLUTIONS/ORDINANCES
ITEM #55312 (Continued)
Patricia Phillips, Director of Finance, reviewed the status of the Central Business District South Tax
Increment Financing (TIF) District. The purpose is to reverse the trend of flat to declining assessments
the area is experiencing. The TIF was approved November 23, 1999. The Base TIF Assessment was
$151,894,230. The main elements of City support are the Tax Increment Financing (TIF), General Fund
via Capital Improvement Program (CIP), Economic Development Investment Program (EDIP) and
Special Service District (SSD).
Public Sector Support - TIF Funded
. Phase I
- Parking Garage (Block 4)
. 1 ,278 spaces
- Plaza land (Block 8)
. Phase II
- Parking Garage (Block 10)
. 851 spaces
- Parking Garage (Block 12)
. 574 spaces (269 are for theatre - CIP funded)
. Phase III (as approved)
- Parking Garage (Block 7)
. 735 public spaces (additional 212 for condos - Developer
financed)
- Pedestrian Bridge (connects garage Block 12 to Block 7)
- Meeting Room/Conference Facility (Block 7)
Public Sector Support through the
CIP and EDIP
· Plaza (Block 8)
· Theatre (Block 6) and theatre parking
(Block 12)
· Phases I, II, and III
I nfrastructu re/Streetscapes
June 13, 2006
- 21 -
Item v'J.3.
RESOLUTIONS/ORDINANCES
ITEM #55312 (Continued
ceD TIF Debt'"
as of 6/1/06
. Issued
./ Phase J (Block 4 garage) -
./ Phase II
(Block 12 and portion of Block 10 garages)
./ Phase II (portion of Block 10 garage)
./ Total Issued
. Remaining to be Issued (estimate)
./ Phase II (remainder of Block 10 garage)
./ Phase III (Block? garage, conference center.
and pedestrian bridge - as approved)
./ Additional Phase III
$23,855,000
$11,800,000
$3.920.000
$39,575,000**
$4,000,000
$25,700,000
$1,100.000
*Excludes residual land, retail in Block 12 and retail in Block?
**The principal balance as of 6/1/06 is $39.355,000
Total ceo South TIF Revenues
Fiscal Year Revenues Debt Service
2000 $14,944
2001 353,013
2002 490,995
2003 905,331 820,232
2004 1,503,178 1,283,427
2005 2,142,072 1,912,544
2006 (est) 2,722,666 1,772,795
TOTAL $8,132,199 $5,788,998
Note: 6/30/05 fund balance = $1.3 million
June 13, 2006
- 22-
Item v'J.3.
RESOLUTIONS/ORDINANCES
ITEM #55312 (Continued)
Special Services District
· $0.57/$100 pays for maintenance of the garages and
infrastructure and builds a long-term maintenance
reserve
· If there should be a debt service shortfall in the TIF,
revenue from the SSD would make up the difference
· The $0.57/$100 produced $656,768 in FY-05*
· Fund Balance as of June 30,2005 was $447,711
(reserved for capital improvements @ $.20/sq ft per yr)
*$900,000 estimated for FY-06
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED, AS
AMENDED:
Ordinance re MODIFICATIONS to Town Center Phase III project
documents.
Voting: 10-1
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, 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:
Reba S. McClanan
Council Members Absent:
None
June 13, 2006
1
2
3
4
5
6
7
AMENDED
I
AN ORDINANCE APPROVrNG MODIFICATIONS
TO PHASE III PROJECT DOCUMENTS FOR
THE TOWN CENTER PROJECT
WHEREAS, on behalf of the City of Virginia Beach (the "City")
8 and the City of Virginia Beach Development Authority (the
9 "Authority"), the City Manager and City staff have engaged in
10 extensive negotiations with representatives of Armada/Hoffler
11 Development, Company L. L. C., and its affiliates, regarding the
12 development of a Central Business District proj ect known as "The
13 Town Center of Virginia Beach" (the "Project");
14
WHEREAS, by Ordinance No. 2896F adopted September 13 2005,
15 after finding that Phase III of the Project will stimulate the
16 City's economy, increase public revenues, enhance public amenities,
17 further the City's development objectives for the Central Business
18 District and provide necessary components to further the goals
19 contained in the City's "Guidelines for Evaluation of Investment
20 Partnership for Economic Development," the City Council (a)
21 approved development documents for Phase III of the Project (the
22 "Phase III Project Documents"), (b) requested that the Authority
23 approve and execute the Phase III Project Documents, and (c)
24 authorized the City Manager to execute a Support Agreement between
25 the City and the Authority supporting the Authority's obligations
26 contained in the Phase III Project Documents;
27
WHEREAS, Phase III of the Project includes Block 7, a
28 structure comprised of a 947-space parking garage, with 735 public
29 spaces (the "Block 7 Parking Garage-), 25,000 square feet of ground
30 floor commercial space on the west side of the building (the "Block
31 7 West Retail"), 11,500 square feet of additional ground floor
32 commercial space on the east side of the building, a 236-room full
33 service Westin hotel, a 25,000 square foot conference facility (the
34 "Conference Unit") and 119 luxury condominiums;
35 WHEREAS, Phase III of the Project also includes Block 6E, a
36 structure comprised of 14,000 square feet of ground floor
37 commercial space and 56 residential condominiums;
38
WHEREAS, pursuant to the Phase III Project Documents, Town
39 Center Associates, L.L.C. ("Developer") is obligated to construct
40 the Block 7 improvements and the Authority is obligated to purchase
41 the Block 7 Parking Garage and the Conference Unit from the
42 Developer upon their completion and upon completion of other Phase
43 III construction obligations;
44 WHEREAS, pursuant to an Option Agreement dated as of June 5,
45 2000, as amended, the Developer has an option to purchase certain
46 land from the Authority on the terms and conditions set forth
47 therein;
48
WHEREAS,
the
Developer
incurred
additional
costs
of
49 construction for the Block 7 improvements due to unforeseen
50 circumstances;
51 WHEREAS, to facilitate the Developer's construction of Phase
52 III of the Project, the Developer has requested that the Authority
53 modify the Phase III Project Documents (a) pertaining to the
54 determination of the Acquisition Cost as to the Block 7 Parking
55 Garage and the Conference Unit, (b) to provide that the guaranteed
56 maximum price for the Block 7 Parking Garage be increased to
57 $17,173,588, and (c) to provide for the acquisition by the
58 Authority of the Block 7 West Retail for an actual cost (including
59 buildout) not to exceed $4,750,000;
60 WHEREAS, the Developer and the Authority also wish to modify
61 the Phase III Project Documents pertaining to (a) Block 6E, (b) the
62 Option Agreement, c) certain of the milestone dates and related
63 rights pertaining to the development of Phase III, and (d) other
64 matters, all as set forth in the First Modification to Phase III
65 Development Agreement (the "Phase III Modification"), a summary of
66 which is attached hereto as Exhibit A;
67 WHEREAS, the obligations of the Authority contained in the
68 Phase III Modification are supported by the City pursuant to a
69 Phase III Support Agreement, (a) with the traditional public
70 infrastructure costs of the Project to be funded, in part, through
71 the City's CIP and, in part, through the Authority's Economic
72 Development Investment Program monies and (b) with the other
73 obligations of the Authority structured to be paid, subj ect to
74 annual appropriation, by the available revenue from the TIF Fund,
75 from the revenue generated by the special tax district and by an
76 additional mechanism for the Developer to pay proj ected TI F
77 shortfalls;
78 WHEREAS, the City Council finds that the proposed Phase III
79 Modification is desirable as it allows the Developer to enhance
80 Phase I I I of the Proj ect; and
81 WHEREAS, the City Council hereby approves the Phase III
82 Modification and desires that the Authority pursue the preparation
83 of supplemental Phase III Project Documents to evidence the Phase
84 III Modification.
85 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
86 VIRGINIA BEACH, VIRGINIA:
87 1. In connection with the Virginia Beach Development
88 Authority's (the "Authority's") purchase of the 735-space public
89 parking garage (the "Block 7 Parking Garage") and the 25,000 square
90 foot conference facility (the "Conference Unit") to be constructed
91 on Block 7 of the Town Center Project pursuant to the development
92 documents for Phase III of the Town Center Project (the "Phase III
93 Project Documents"), the City Council approves the modification of
94 the Phase III Project Documents (a) to provide that the guaranteed
95 maximum price of the Block 7 Parking Garage be increased to
96 $17,173,588, and (b) pertaining to the interest portion of the
97 Acquisition Cost of the Block 7 Parking Garage and the Conference
98 Unit, as described in the First Modification to Phase III
99 Development Agreement (the "Phase III Modification"), a summary of
100 which is attached hereto as Exhibit A.
101 2. The City Council approves the modification of the Phase
102 I I I proj ect Documents to provide for the acquisition by the
103 Authority of the 25,000 square feet of ground floor commercial
104 space on the west side of the Block 7 building (the "Block 7 West
105 Retail") for an actual cost (including buildout) not to exceed
106 $4,750,000, on the terms described in the Phase III Modification.
107 The City Council authorizes the Authority to develop options for
108 the use of the Block 7 West Retail to further the economic
109 interests of the City, with the understanding that refinements and
110 final approval by City Council w ill be necessary for any such
111 transaction.
112 3. The City Council approves the additional modifications to
113 the Phase III Project Documents pertaining to (a) Block 6E, (b) the
114 Option Agreement, (c) certain of the milestone dates and related
115 rights pertaining to the development of Phase III, and (d) other
116 matters, all as set forth in the Phase III Modification.
117 4. On behalf of the City of Virginia Beach, the City Manager
118 and the City Attorney are hereby authorized and directed to proceed
119 with the preparation of any additional documents necessary and
120 appropriate to implement the Phase III Modification (the "Phase III
121 Modification Documents").
122
5 .
The City Manager, or his designee, is authorized to
123 execute and deliver any Phase III Modification Documents to which
124 the City is a necessary party so long as such Phase III
125 Modification Documents are consistent with the provisions herein
126 and are acceptable to the City Manager and the City Attorney.
127
6.
The City Council requests and recommends that the
128 Authority adopt a Resolution consistent with this Ordinance
129 approving and authorizing the execution of the Phase III
130 Modification and any Phase III Modification Documents.
131 Adopted by the Council of the City of Virginia Beach,
132
Virginia, on the
13 day of
June
, 2006.
CA9995
X:\OIDIREAL EST A TE\Commercial Projects\Town Center\Phase III\ORD apprvng mod to Phase III Documents.doc
R-2
PREPARED: 6/13/06
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SU FICIENCY
')cu..;~
Economic
D
\
APPROVED AS TO AVAILABILITY
OF FUNDS
Qiu~1rl O~
Finance Department
Exhibit A
SUMMARY OF MODIFICATIONS
TO PHASE In PROJECT DOCUMENTS
1. Block 7
- Parking Garage guaranteed maximum price increased to $17,173,588
Authority to pay actual interest portion of Parking Garage and Conference
Unit acquisition cost, regardless of guaranteed maximum price, if interest
portion exceeds Developer's estimates solely due to rate increase (above 5%
per annum)
Authority obligated to purchase Block 7 West Retail upon substantial
completion of shell space and rest of Block 7
· Purchase price based on actual construction costs with a
guaranteed maximum price of $2.8M (cold dark shell)
· Developer obligated to re-purchase after 3 years for Authority's
cost plus cost-of-carry
· If Authority exchanges Block 7 West Retail for Block 2,
Developer obligated to purchase Block 2 after 3 years for
Authority's all-in cost to obtain Block 2, plus cost-of-carry
2. Block 6E
- Developer to acquire Block 6E by December 31, 2006 for $523,000 purchase
pnce
If Authority does not deliver Block 6E land by December 31, 2006, Developer
can defer $200,000 of purchase price
· Developer to pay the $200,000 deferral to Authority upon
McCormick & Schmick rent commencement date unless
Authority's late delivery caused Developer to miss shell delivery
deadline to McCormick & Schmick
· If shell delivery deadline missed, then Developer keeps portion of
$200,000 attributable to lost rent incurred because of missed
deadline
Developer to pay parking fee of $8,942 per residential condominium unit
located on Block 6E
Construction/Reimbursement Alternative (RA) payment increased to
$226,000 per year
3. Block 9
- Acquisition date extended to September 1, 2010
- Construction commencement date extended to December 31, 2012
- Construction completion date extended to September 1,2014
- Construction/Reimbursement Alternative (RA) payments due beginning
December, 201 0 (unless additional assessments in Phase III sufficient to
credit)
4. Option Agreement
- Extend Option Period to September 1,2010
1.
- 23 -
Item v'J.4.
RESOLUTION/ORDINANCES
ITEM #55313
Mayor Oberndorf recognized:
Fred Green, 316 Teal Crescent, Phone: 288-0372, Vice President, Operations represented "A Dolphin's
Promise ", a non-profit organization working in partnership with the City to bring 'hundreds of dolphin
sculptures to Virginia Beach in an effort to raise $1-MILLIONfor Cancer research. Over $140,000
has now been raised.
Cindy Graf, 2800 Wood Duck, President - "A Dolphin's Promise" and artist. Ms. Graf's mother passed
from colon cancer. The Dolphin's Promise is a legacy in her Mother's honor. Ms. Graf expressed
appreciation to the Mayor and Members of City Council for their unselfish dedication
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to DESIGNATE the Atlantic Bottlenose Dolphin as the
City's official Marine Mammal.
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
June 13, 2006
1
2
3
4
5
6
7
8
Requested by Mayor Meyera E. Oberndorf
A RESOLUTION DESIGNATING
BOTTLENOSE DOLPHIN AS THE
MAMMAL OF THE CITY OF
VIRGINIA
THE ATLANTIC
OFFICIAL MARINE
VIRGINIA BEACH,
WHEREAS, Atlantic bottlenose dolphins are indigenous to the
9
shores of Virginia Beach;
10
WHEREAS, the arrival of the Atlantic bottlenose dolphins in
11 Virginia Beach is symbolic of the onset of the summer season;
12 WHEREAS, Atlantic bottlenose dolphins live in groups called
13 pods and form coherent, long-term social units similar to
14 families;
15
WHEREAS,
the
family-oriented
nature
of
the
Atlantic
16 bottlenose dolphins, and their ability to coexist with many
17 other species of marine life in the ocean, mirror the qualities
18 of the citizens and the community of the City of Virginia Beach;
19 WHEREAS, Atlantic bottlenose dolphins beautify the Virginia
20 Beach oceanfront and serve as ambassadors of friendship; and
21
WHEREAS,
on
June
14,
2005,
Ci ty Council
adopted a
22 resolution to endorse A Dolphin's Promise, Inc., a nonprofit
23 citizen organization dedicated to bringing hundreds of life-size
24 dolphin sculptures to Virginia Beach in an effort to raise one
25 million dollars ($1,000,000) for cancer research (with a small
26 portion being donated to the Virginia Aquarium's St~anding
27 Response Program), by assisting with publicity for the dolphin
28
sculpture project.
The sculptures are replicas of the Atlantic
29 bottlenose dolphin.
30
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
31 OF VIRGINIA BEACH, VIRGINIA:
32
That the official marine mammal of the City of Virginia
33 Beach, Virginia is hereby designated as the Atlantic bottlenose
34 dolphin, known scientifically as the Tursiops truncatus.
35
Adopted by the City Council of Virginia Beach, Virginia
36
this 13th day of
June
, 2006.
APPROVED AS TO LEGAL SUFFICIENCY:
A [. fL,'1f1
City Attorney's Office
CA10038
GG\Ord&Res\Proposed\Dolphin resolution
R-3
June 2, 2006
2
- 24-
Item v'J.5.a-f
RESOLUTION/ORDINANCES
ITEM #55314
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Annual PERMIT RENEWAL for area private and non-profit EMS
organizations:
Medical Transport
Lifeline Ambulance Service, Inc.
Nightingale Regional Air Ambulance
Children's Hospital of the King's Daughters
Eastern Shore Ambulance
Network Medical
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. Oberndoif, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 2006
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Medical Transport
VIRGINIA OFFICE OF EMS AGENCY NUMBER: 308 EXPIRES:
VIRGINIA BEACH AGENCY CLASSIFICATION:
ALS Ground Transport
(N on-emergency- Unrestricted)
and Emergency-Restricted)
ADDRESS: 5792 Arrowhead Drive, Suite 200
Virginia Beach, VA 23462
PHONE: 671-9302
PRESIDENT: Donald Jellig
MANAGER: Russell Blow
NUMBER OF PERMITTED VEHICLES BY TYPE:
'5'~
as
'-I
G IZ~ u.'\..> IT'S
A- c... S ~A~ i-t-4u. te.~
COMMENTS:
q LJJe.. Vpt"-'S /TfVtJ )t( ,4-7;)(JL..
A- M'~ LA ,,-,~c1 tJo', AI C . 1-1 e L/)
'N ~ G ~ e I'l.. v'tC
'Z:DIUG cA~.s
Does your agency comply with the minimum requirements as set forth in the Vireinia
Emereencv Medical Services Reeulations. 12 V AC 5-31. 2003. as amended?
~YES 0 NO
~~ 0_170<>\
ame itle
IYI <:'1'2.
(J /VI4~ 0 6,
Date
Sent By: LIFELINE;
5403817445;
Apr-2S-0617:41j
Page 2/2
~i
I,
CITY OF VIRGINIA BEACH l
DEPARTMENT OF EMEHGENCY MEDICAL ~ERVICES
EMS AGENCY
PERMri'RENEWAL APPLICA lION
AGENCY NAME: Lifeline Ambulance Service, Inc.
VIRGINIA OFFICE OF EMS AGENCY NUMBER;
EXPIRES:
VIRGINIA BEACH AGENCY CLASSmCA TION: ALS Ground Transport
(Non-Emergency-Unrestricted
abd'1!mergency-Restricf;ed)
'. ',:. ::.::--::,~~::::
ADDRESS: 310 Bell Road
Christiansburg, VA 24073
PBONE:
540-382-1044
PRESIDENT: James C. Jones) Jr.
VlCEPRESIDENT: T(,~ it '})e(".ke.e, ra:- (c.'^~IJ)
NUMBER OF PERMITTED VEBICL'ES BY TYPE: "] 0 A-/?I iM !aJ1t..fa<)
COMMENTS:
~~:>::.-::.'~.::. ~,,,,:,;,, :' \~'"'''' ,'. ...... .'~~ ~~.'" .. . ." '. '~._..'~' ..~':. . ::.:' ~~.:':".~:~~';~'/:: ',' . :~~::.; ~'.'R:~.~.~~J~]~:~~
Do"s yo~r agency comply wit'h the mbtimUlIll'equiremeatll asset tonh in.the'Vinririia' .'. ,
EmeNenCl' Medical ~rviee8 Reeu.ations. 12 VAC 5-31.1003. all amended?
!K-YES 0 NO
~ {/.h~-(J.,,,,~:/
Namel1'itle
s-/q/o {p
Date
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Nightingale Regional Air Ambulance
VIRGINIA OFFICE OF EMS AGENCY NUMBER: 509 EXPIRES: 6/"60/06
VIRGINIA BEACH AGENCY CLASSIFICATION: Air Ambulance
(Emergency-Restricted)
ADDRESS: 600 Gresham Drive
Norfolk, VA 23507
PHONE:
668-2300 3~cg- 2SOO
PRESIDENT:
David Bernd
Kathy ColalltuuuCf l:.~\S-r4:PtlEfZ- CJ-.NNctJ
MANAGER:
NUMBER OF PERMITTED VEHICLES BY TYPE:
COMMENTS:
Does your agency comply with the minimum requirements as set forth in the Vin!inia
Emen!encv Medical Services Reeulations. 12 V AC 5-31. 2003. as amended?
,eYES D NO
~ ~#f. ~ NA~
N amelTitle -.J
5 /-2:l Ob
Date
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Children's Hospital of the King's Daughters
VIRGINIA OFFICE OF EMS AGENCY NUMBER: 315 EXPIRES: J W\JL Zo:>~
VIRGINIA BEACH AGENCY CLASSIFICATION: ALS Ground Transport
(Inter-facility Emergency and
Non-emergency)
ADDRESS: 601 Children's Lane
Norfolk, VA 23507
PHONE:
668-7453
~~~~oC "",,[!lion ~~ C,. H ijr5
NUMBER OF PERMITTED VEHICLES BY TYPE: "3
COMMENTS:
Does your agency comply with the minimum requirements as set forth in the Vindnia
Emer2encv Medical Services Re2ulations. 12 V AC 5-31.2003. as amended?
~ES
DNO
~~~~~~
~
Date
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Eastern Shore Ambulance
VIRGINIA OFFICE OF EMS AGENCY NUMBER: EXPIRES:
VIRGINIA BEACH AGENCY CLASSIFICATION: ALS Ground Transport
(N on- Emergency-Unrestricted
and Emergency-Restricted)
ADDRESS: P.O. Box 6
8426 Sugarhill Lane
Sanford, VA 23426
PHONE:
787-824-5858
PRESIDENT:
"'"" " ('_' L 0.. e. \ N"\. 'f r o..~ ~ ~
Dwni-s YAylo! \' \ T\
'fifmgMet fL. T~ylnr - t.\.d" ~ ~~ o~ '-'e...,
fY\ 0... ( -\- \ f"\
VICE PRESIDENT:
NUMBER OF PERMITTED VEHICLES BY TYPE: '-0 o'r()l,)..nJ, Pc m\::u.\o..nC.e...
COMMENTS:
Does your agency comply with the minimum requirements as set forth in the Vireinia
Emereencv Medical Services Reeulations. 12 V AC 5-31. 2003. as amended?
ll' YES 0 NO
~O~NVL~n\)~n.~ ~~l'~ \-\.~.
Name/Title \
1-\ .1.. 5. D ls>
Date
CITY OF VIRGINIA BEACH
DEPARTMENT OF EMERGENCY MEDICAL SERVICES
EMS AGENCY
PERMIT RENEWAL APPLICATION
AGENCY NAME: Network Medical
VIRGINIA OFFICE OF EMS AGENCY NUMBER: EXPIRES:
VIRGINIA BEACH AGENCY CLASSIFICATION: ALS Non-transport
ADDRESS: 1533 Technology Drive
Chesapeake, Va 23320
PHONE: 757-285-3236
PRESIDENT: Norman PoolS)
VICE PRESIDENT:
Susan Pool.
NUMBER OF PERMITTED VEHICLES BY TYPE: I A L S Arr7 ~u / WtC.Q.
~ e-. fr1<i;' c.2 5 W ~~
COMMENTS:
Does your agency comply with the minimum requirements as set forth in the Vireinia
Emereencv Medical Services Reeulations. 12 V AC 5-31. 2003. as amended?
riis 0 NO
i ~ '-/!o~
Date
- 25 -
Item v'J.6.a.
RESOLUTION/ORDINANCES
ITEM #55315
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until
the City Council Session of September 27,2006:
Ordinance to AUTHORIZE temporary encroachments:
Carl A. Eason and Katherine F. Ripberger into Lake Wesley to
construct and maintain a pier extension, gazebo, floating piers,
boat lift, et cetera, at 528 Kerry Lane DISTRICT 6 - BEACH
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
June 13, 2006
- 26-
Item V.J.6.b
RESOLUTION/ORDINANCES
ITEM #55316
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AUTHORIZE temporary encroachments:
Robert J. and Carol R. Quinn into a man-made canal in
Lagomar to construct and maintain a bulkhead, dock
and boat lift at the rear of 204 Entrada Drive
DISTRICT 5 - PRINCESS ANNE
The following conditions shall be required:
1. The Temporary Encroachment shall 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.
2. The Temporary Encroachment herein authorized terminates upon notice by the City to the applicant,
and that within thirty (30) days after the notice is given, the Temporary Encroachment must be
removed from the Encroachment Area by the applicant; and the applicant will bear all costs and
expenses of such removal.
3. The applicant 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.
4. 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 applicant.
5. The applicant agrees to maintain the Temporary Encroachment so as not to become unsightly or a
hazard.
6. The applicant must obtain a permit from the Office of Planning Department prior to commencing any
construction within the Encroachment Area.
7. The applicant 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 applicant 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 applicant 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 applicant assumes all responsibilities and liabilities,
vested or contingent, with relation to the Temporary Encroachment.
June 13, 2006
- 27-
Item v'J. 6.b
RESOLUTION/ORDINANCES
ITEM #55316 (Continued)
8. The City, upon revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the applicant, and collect the cost in any manner
provided by law for the collection of local or state taxes; may require the applicant to remove the
Temporary Encroachment; and pending such removal, the City may charge the applicantfor 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 applicant; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred
Dollars ($100.00) per day for each and every day the Temporary Encroachment is allowed to
continue thereafter, and may collect such compensation and penalties in any manner provided by law
for the collection of local or state taxes.
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
June 13, 2006
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO
5 A PORTION OF CITY PROPERTY
6 (MAN-MADE CANAL) LOCATED AT
7 THE REAR OF 2404 ENTRADA
8 DRIVE IN LAGOMAR BY ROBERT
9 J.QUINN, Jr. AND CAROL R.
10 QUINN, THEIR HEIRS, ASSIGNS
11 AND SUCCESSORS IN TITLE
12
13 WHEREAS, Robert J. Quinn, Jr. and Carol R. Quinn desire to
14 maintain an existing dock and to construct and maintain a
15 proposed bulkhead and proposed boat lift wi thin a portion of
16 the City property which is a man-made canal located at the rear
17 of 2404 Entrada Drive in Lagomar.
18
WHEREAS, City Council is authorized pursuant to ~~ 15.2-
19 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
20 authorize temporary encroachments upon the City'S property
21 subject to such terms and conditions as Council may prescribe.
22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24 That pursuant to the authori ty and to the extent thereof
25 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950,
26 as amended, Robert J. Quinn, Jr. and Carol R. Quinn, their
27 heirs, assigns and successors in title are authorized to
28 maintain a temporary encroachment for an existing dock and to
29 construct and maintain a proposed bulkhead and proposed boat
30 lift in the City property which is a man-made canal located at
31 the rear of 2404 Entrada Drive in Lagomar as shown on the map
32
33
marked Exhibit A and entitled:
"PROPOSED ENCROACHMENTS FOR
BULKHEAD, DOCK & BOAT LI FT FOR ROBERT J. QUINN, JR. & Carol R.
34 QUINN", a copy of which is on file in the Department of Public
35 Works and to which reference is made for a more particular
36 description; and
37 BE IT FURTHER ORDAINED, that the temporary encroachments
38 are expressly subj ect to those terms, conditions and criteria
39 contained in the Agreement between the City of Virginia Beach
40
and Robert J. Quinn, Jr. and Carol R. Quinn
(the "Agreement"),
41 which is attached hereto and incorporated by reference; and
42
43
BE IT FURTHER ORDAINED, that the City Manager or his
authorized
designee
is
hereby
authorized
to
execute
the
44 Agreement; and
45
BE IT FURTHER ORDAINED, that this Ordinance shall not be in
46 effect until such time as Robert J. Quinn, Jr. and Carol R.
47 Quinn and the City Manager or his authorized designee execute
48 the Agreement.
49
Adopted by the Council of the City of Virginia Beach,
50 Virginia,
on
the
13th
day
of
June
2006.
CA-9868
PREPARED: 4/3/06
APPROVED AS TO CONTENTS
~/Tl'lI:~ C. d{MSOh. qb
S NATURE
P/,O REal {JJ!CJi
DEPARTMENT
X: IOID I REAL ESTATEIEncroachmentslPW OrdinanceslCA9868 Quinn.doc
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
.tt, A L
THIS AGREEMENT, made this ;) Y day of ~r I , 2006, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and ROBERT J. QUINN, JR. and CAROL R. QUINN, husband and wife, THEIR
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "299", as shown on that certain plat entitled: "SUBDIVISION
OF LAGOMAR - SECTION TWO - AND PRINCESS ANNE BOROUGH -- VIRGINIA
BEACH, VIRGINIA", which plat is recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach in Map Book 77, at page 14, and being further designated and described
as 2404 Entrada Drive, Virginia Beach, Virginia 23456-4222;
WHEREAS, it is proposed by the Grantee to maintain an existing dock and to
construct and maintain a proposed bulkhead and proposed boat lift, "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 City Property, which is a man-made canal
located at the rear of 2404 Entrada Drive in Lagomar "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPIN 2424-12-0454
GPIN 2424-02-4573 (City Owned Canal)
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the
Grantee permission to use The Encroachment Area for the purpose of constructing and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as
shown on that certain plat entitled: "PROPOSED
ENCROACHMENTS FOR BULKHEAD, DOCK & BOAT LIFT
FOR ROBERT 1. QUINN, JR. & CAROL R. QUINN", 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.
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
2
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Planning Department prior to commencing any construction within The
Encroachment Area.
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional named insured
or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single limits of such insurance
policy or policies. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change to, any of
the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the 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
3
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, Robert J. Quinn, Jr., and Carol R. Quinn, the
said Grantee, has caused this Agreement to be executed by their 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 Managerl Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
t?o If
~
4
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2006, by
, CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2006, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
~
~ day of
,2006, by Robert J. Quinn, Jr. PeA. C~
--'~~~
Notary Pu, 1
My Commission EXPireS('n. .
'-,' , . 3\ \ 2;Otl~
.I
I
I
5
STATE OF VIRGINI-\\ I' · .
CITY/COl n-.JTY OF V~\"LlL.- , to-wit:
The foregoing instrument was acknowledged before me this dll~ay of
~f~ , 2006, by Carol R. Quinn.
~~~~
Notary . u lie
My Commission Expires:
"c>\,~~
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFF IENCY AND fORM
CJarme,' C. cJ0,U)'s/i", ~
SIGNATURE
PID full Edde,
DEPARTMENT
(; :ILSERSISHARED\ W P80\RE\Real Estate FOI'msl WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc
6
\
\
----
---
_-----J
L MAN MADE
CANAL7
ENCROACHMENT:
PROPOSED BULKHEAD
ENCROACHMENT 1 S
4', AREA=446 S.F.
ENCROACHMENT LINE
(ALIGNMENT: N67.27'51"W)
f
/
I
)
PROPOSED
BOAT LIFT
Exhibit A
I
(
\
\
\.
"'------
CANAL OWNED BY CITY
OF VIRGINIA BEACH
ENCROACHMENT:
PROPOSED BOAT LIFT
ENCROACHMENT 1 S 20'
ENCROACHMENT
LINE
PROPOSED 123.5'
BULKHEAD
MHW ON llio MLW
BANK
---
- EBB---,
L..FLOOD-
3) KAREN DRAGON
800 COSTA GRANDE DR. (LOT\
VA BEACH. VA 23456 ':ZJ/
GPIN: 2424 02 8246
----------
,----
d. I EXISTING
-t! WOOD DOCK
, I
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FENCE --1 :
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127.98' TO W~ _ _ _ _ _ _ ~ _ _ _ ~
ATWOODTOWN RD 568.20'OO"E 125.00'
N68'20 Oon-W 125.0iY~
---------lll
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2-STY BR. & FR. I ~ b
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GPIN. 2424 12 0454 . .. .. ~ I I C\l
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:~'~~'RON PIN,
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ENCROACHMENT:
EXISTING DOCK
ENCROACHMENT
IS 17.5'
rLOT \
\ 298.1
"-
1) JOHN NINAS
2400 ENTRADA DRIVE
VA BEACH, VA 23456
GPIN: 2424 12 1379
~ INTlCATES PHOTO
~ NO. & DIRECTION
It PROPERTY LINE
REVISED: 12/23/05
-ENTRADA DRIVE (60' R/W)-
ADJACENT
BULKHEAD
rLOT \
\ 300.1
"-
2) JOHN SMITH
2408 ENTRADA DRIVE
VA BEACH. VA 23456
GPIN: 2424 02 9459
GRAPHIC SCALE
20' 0 20' 40'
SITE PLAN ~~~~ I ,
SCALE: 1"=:40' 1 " = 40'
PROPOSED ENCROACHMENTS FOR BULKHEAD, DOCK & BOAT LIFT
FOR ROBERT J. QUINN, JR. & CAROL R. QUINN
MLW=O.O'
PROJECT LOCATION:
2404 ENTRADA DRIVE
VA BEACH, VA 23456
DATE: 11/28//05
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LOCATION MAP
ENCROACHMENT REQUEST
FOR ROBERT J. QUINN JR., AND CAROL R. QUINN
2404 ENTRADA DRIVE
GPIN 2424-12-0454
100 200 400
I Feet
Prepared by P.W.lEng.lEng. Support Services Bureau 3/7/06 X:\Projects\ARC Files\Agenda Maps\Entrada Dr\Entrada Dr.mxd
- 28 -
Item v'J. 7.
RESOLUTION/ORDINANCES
ITEM #55317
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to REVISE categorical appropriations for the School
operating fund and AMEND their FY 2006-07 operating and capital
budgets as requested by the School Board
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. Oberndorj, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 2006
1 AN ORDINANCE TO REVISE CATEGORICAL
2 APPROPRIATIONS FOR THE SCHOOL OPERATING
3 FUND AND AMEND THE CITY'S FY 2006-07
4 OPERATING BUDGET AND FY 2006-07 CAPITAL
5 IMPROVEMENT BUDGET AS REQUESTED BY THE
6 SCHOOL BOARD
7
8
9 WHEREAS, the City's FY 2006-07 Operating Budget adopted by
10 City Council on May 9, 2006, required the Schools to reduce the
11 Schools Operating Budget by $7,116,408; and
12 WHEREAS, the School Board desires to decrease the School
13 Operating Budget by an additional $4,661,100 and increase the
14 School Capital Improvement Program by $4,661,100 for student
15
data management and the maintenance,
replacement,
and
16 acquisition of equipment; and
17 WHEREAS, the School Board adjusted downward by $643,642
18 its estimated revenue for Schools' special Revenue funds; and
19 WHEREAS, the School Board approved resolutions on May 23,
20 2006 and June 6, 2006 to revise the categorical appropriations
21 in the School Operating Budget, transfer operating funds to the
22 Capital Improvement Program, and to reduce the estimated
23 revenues in the Schools' special revenue funds.
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
26 OF VIRGINIA BEACH, VIRGINIA:
27
28
29 1. That the FY 2006-07 School Operating Budget is hereby
30 amended as follows:
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
(a) appropriations to the Instruction category are
decreased by $8,590,598, resulting in a total appropriation of
$530,110,311;
(b) appropriations to the Administration, Attendance
and Health category are decreased by $296,356, resulting in a
total appropriation of $22,688,423;
(c) appropriations to the Pupil Transportation
category are decreased by $979,131, resulting ln a total
appropriation of $32,574,425; and
(d) appropriations to the Operations and Maintenance
category are decreased by $1,911,423, resulting in a total
appropriation of $87,503,830.
2. That appropriations to Capital Project #1-195, Student
Data Management, are increased by $1,736,046, and revenue from
the General Fund is increased accordingly.
4. That appropriations to Capital Project #1-211, School
Operating Budget Support, are increased by $2,925,054, and
revenue from the General Fund is increased accordingly.
5. That appropriations to certain School Special Revenue
Funds are hereby amended in the FY 2006-07 School Budget as
follows, with local revenue decreased accordingly:
(a) appropriations to the School Communication Tower
Fund are increased by $60,000,
appropriation of $460,000;
resulting ln a total
55
(b) appropriations to the School Athletic Fund are
56 increased by $179,500, resulting in a total appropriation of
57 $ 4 , 67 8 , 9 8 9 i and
58 (c) appropriations to the School Cafeteria Fund are
59 reduced by $883,142, resulting in a total appropriation of
60 $24,528,369.
61 Adopted by the Council of the City of Virginia Beach,
62 Virginia, on the 13th day of
June
, 2006.
63 Requires an affirmative vote by a majority of the members of
64 Ci ty Council.
Approved As to Content:
Approved As To Legal
Sufficiency:
,//
,hm~8 K'.~
City Attorney's 0 fice
CA10049
X:\PA\GG\OrdRes\School
R-4
June 8, 2006
Board Resolutions ORD
SCHOOL BOARD
Daniel D. Edwards
Chairman
Dlslflcll - Cenlervllle
1513 Beachvlew Dflve
VA Beach, VA 23464
4953551 (h). 717-0259 (cell)
Sandra Smith-Jones
Vice Chairman
Dlslflc! 2 - Kempsville
705 Rock Creek Court
VA Beach, VA 23462
490-8167 (h)
Rita Sweet Sellitto
AI-Large
POBox 6448
VA Beach. VA 23456
418-0960 (h)
Jane S. Brooks
DISlflcl 6 - Beach
721 Hilltop Road
VA Beach, VA 23454
425-1597 (h)
Emma L "Em" Davis
Dlslflc1 5 - Lynnhaven
1125 Michaelwood Dflve
VA Beach, VA 23452
340-8911 (h)
Edward F. Fissinger, Sr.
At-Large
412 Becton Place
VA Beach, VA 23452
486-4567 (h)
Dan R. Lowe
Disttict 4 - Bayslde
4617 Red Coat Road
VA Beach, VA 23455
490-3681 (h)
Michael W. Stewart
District 3 - Rose Hall
105 Brenlwood Court
VA Beach, V A 23452
498-4303 (h) . 445-4637 (w)
Arthur T. Tate
At-Large
1709 Ladysmlth Mews
VA Beach, VA 23455
460-5451 (h)
Carolyn D. Weems
AI-Latge
1420 Claudia Dflve
VA Beach, VA 23455
464-6674 (h)
Lois S. Williams, Ph.D.
District 7 - Princess Anne
2532 Las Corrales Court
VA Beach, VA 23456
816-6107 (cell). 9613734 (w)
SUPERINTENDENT
Sheila S_ Magula, Ed.D_
2512 Geotge Mason Drive
VA Beach, VA 23456
263-1007
~IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
BUDGET RESOLUTION
WHEREAS, the mission of the Virginia Beach City Public Schools. in partnership with our entire
community, is to ensure that each student is empowered with the knowledge and skills necessary to
meet the challenges of the future; and
WHEREAS, the School Board of the City of Virginia Beach has adopted a comprehensive
strategic plan and school improvement priorities to guide budgetary deciSIons; and
WHEREAS, the School Board has studied the recommended FY 2006/07 - 2007/08 Biennial
School Operating Budget in view of state and federal requirements, additional demands for space
and operations, the strategic plan, priorities, expectations, competitive compensation for employees
and the best educational interests of its students; and
WHEREAS, the total funds available for FY 2006/07 from the City of Virginia Beach to Virginia
Beach City Public Schools under the Revenue Sharing Policy is 536.5.105,021; and
WHEREAS, the debt service payment is estimated to be $40,282,967 leaving a balance of
5324.822,054 to allocate between the Operating Budget and the Capital Improvement Program.
Now, therefore, be it
RESOLVED: That the S324,822,054 be allocated as follows: $307.224,646 to the Operating
Budget, and S l7,597,408 to the Capital Improvement Program (CIP): and be it further
RESOLVED: that the Virginia Beach City School Board requests a categorical appropriation of
5672,876,989 for FY 2006/07 from the City Council of Virginia Beach for the FY 2006/07 -
2007/08 Biennial School Operating Budget, as outlined by category:
Instruction
Administration, Attendance and Health
Pupil Transportation
Operations and Maintenance
and be it further
RESOL VED: That the School Board of the City of Virginia Beach requests an appropriation of
$10 1 ,067,314 for special grants, and other special revenue funds, for the 2006-2007 fiscal year; and
be it further
$530,110,3 II
22,688,423
32,574,425
87,503,830
RESOL VED: That a copy of this resolution be spread across the official minutes of this Board,
and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each
member of City Council, the City Manager, and the City Clerk.
Adopted by the School Bard this 6th day of June, 2006
SEAL
Attest: \
~Jp.~~_
Dianne P. Alexander, ClerkJofthe Board
Sch()()1 Arlmini,rr~ti()n RIJllrlino . 7S 17 (;p()rop M~,()n nrivp . PO R()~ f,O,R . Viroini, R",rh VA )H~h_flfl1R
SCHOOL BOARD
o.m!elll.Edw~ds
Chairman
t;;slr.~ j, Cen~i!:ll
1$;36r.:adl'iltw: ();V~
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lelss,lI'm18ms, Pl1;O,
~~iio..11":pii,1f'~s Anri!:.
2632 L~ Oli(~~ Goosl.
Vt. Be;l:~.vf,r..,4$1l
61tXil ott~);' W~~3134 (.....1
SUPERINTENDEMT
Sllell~ $.ff4lJulll. .Ed,!).
~1~ Geo,;1IIle/kl$9~Ori.~
W.'$rt;t,. \/1<23456
;'>3-1':j01
+IRGINIA BEACH.. CITY PUBLIC SCHOOLS
A H E ADO F T HE 'C UR V E
')
::
i
~
I
1
BUDGET Rt~SOLUTION
\VHE.MASt the mission oithe YirginiaBeach City f'ublicSchO()ls, jnpartlv~rship\vithourentire
community, ism ensurethat'etlch sludentisen'lpowered . with . tbeknow]edgea'nd $'kHI$nel~eSSary to
meet the d~l1enges otdw future; and
,"VHEREAS, the $chOQl Board Qfthe Cityof Virginia Beach hasaaoptcda C6nrprehensive
strategi.c phmandschool improvement prit)rihcs to !>~jdc budgettltyQeei!>ions; {jnd
'\<'nEro~ASt t:1e ScMol 13mtrd has. stnqicci. tll(~ reCOmmClldcd<I1Y 2006f07,.. 2007;08Bi~nnilll
School Operating Budget illViewQf ~tate' and federall'equirem~ts> additional ,demands for space
and .opei'ations,thestrategicplan,priorihes.t.~xPt1ctatipns, cPfflpetitive compensationfm: emp lo)'ec$
alld the:b(1it edUCational interestsClf itsstudcl1ts; . and
W.llEREAS,thetoful funds' availab1efor FY2006101tt:Qn1 the Cit)' of V irgii'iia . HeaenIo Virgihia
13e-Jch CityPuhlic$dloolsundert1,,"~. Revcnhe Sh<~ringPoli:cyis$365,105.021 ; and. .
WHEREAS,thedebt~ervic{': p<J.yme'rltisestlmated' to. he S40,2S2;967lcfwinga:ba.lailceof
$324;822,054 to. allocate between the Operating Budg(~t~ndtheCapital IrnprovemthtProgr~ul1,
N()w~ . therefore, licit
RESOLVED: Thut the. $324,.822,054 he all()catcdas follows:. $307.224,646 to the Operating
Budget, and $17,597AUg to the Capital. Jnlprovemcnt PrQgrarn (el?);. and be it further
RES()LV1;a)~ .th~t the. Virginia Beach CitySchoo I Board requests ~. categorical appr<>priation .of
. $672,876,989 .1'QrFY20Q(ii07 from the CityO)\.mcil. ofVirginir. . Beach forih(~ FY' 200M) 7 'n.
20Q'7f08 Biennial SChQ()l()peratin~ HUdget,. asollUincli by category:
Instruction $~30)179/lS3
Adl11irtistratlon. At1L>y)d~!ncc and Healt1 22.688,423
Pupil Transportation 31,S 04,9.53
Operation~andMai.TlteJ.1artce87 ,503.830
and be it further
lUCSOl;VED: 'fhat theSthooll'loard. of theCityofVirgiuia Beach requcstS01n.apprl..1priatkm \11'
$101,061.'314 fot'special grants,.andothefspecin1tevenueruntii:;f/)rthe20(j6~1()07 llscalyt.'at; atld
be it Jurther
RESOINEU: That: a copy of this reso1liti()n be spteadacms$thc ()m~iaJ mil'nii~Rf.>f' this l~o~rd,
und the Clerk-of the Boar4 is directed l() deliver a <:opydf thi s resoh.itibh to the Mayot. each
nwrnber M CityCQuncil. thcOty Manager, and the (:ity Clerk
SEAL
Att.est:
ll., "",-'._ . 9(AdAII...:.... ./..
~-,-,.,-,.",':""~~
D1allnC Po. Alexander, Clerkofthc.Board
CEATtFIEOTOBEA TRUE
AND CORRECT COpy
,..... "(. ,. t/ (::t){:.A:.......~..;..:.,,:.).{~:...~....*,;.
M;"~~~~;~S'f0i+d
SchOOi Admhlistr:itlonBoildir.g v 25Jl Ge6iget1:aronOriV!!'P.Q. 80lt 6038' Virginia&4ch.VA23-15c6.oo38
SCHOOL80A.RD
0llI~1 O.Ellwatds
Cilaimuill
00l~~ f;~le!',~:ill
IS13Be,:ie!i~-kWw:ya
VA.~ VA 234M
4~S;35S1{!>l.71M159 (d;11)
Sandra $1lllll!.Jl)lll!'\
y~th8rffi;ri
!)si.~:!,,~wi(l.
1(!:SRoi;kC(~ C'J;>Jll
VASeam,V'A 2346~
4SM167 Ill)
Ritdwtet.1l!l11lW
.~LarWJ
p,a llllic6<<8
VAllI-~V;A, 23456
A;e-{,~{k~
;Lai!ts.lltookf
~Jlci5..~.
m Hs11li>> ~ad
VA. ~h. VA 2340.<
.42s.:;591(3)
Emma L:~ "Em" Callis
()#~ 5 .l}'1lilt~"
11 ~S t.-liell~",'OOd l),.e
Vo\~h.V~. 23451
340$11 {~}
EllwvdF. Fi$$ir~er;Sr,
AH.3tge
41:i!Ile<;Io!!f'l~
VA Bea::~VA 2:1>152
4a5.4Wi{!l}
OiiIlR. L1)Wll
0isi3iCl4. e~~e
46r7.Reel COalROa<I
VAB&#h.VA. 2345Z
~3C&il~} ..
~W.SUw311
OJ&lrict3 .R.;l$~!is::
;%l'l~Cood
VA.B&~il.VA 23452
49e.4$03{~l.lt5:4637lw)
~llrJ.T$l.
At'lqI
11:.lS la41~miltl"~m;
VAOeach; VA, 234.!\S
,tuo.,$4~ 1 (hl
CIll1lfyn O. 'Na~$
},l~~ ..,.
t4.0 '~lJUd:a:"rl'le
>iA!lGaCn. Vt,2~4.~5
4i;4;6614!~)
Lol$S,Y;illllllS; Pb,O;
D!S!fict t .; Pr.OOlliS .~~e
~5~2li\!;C<:rr~ C<lu.1
VAile;lc~, 1if<~MM
81s,,61!l7(cclJ)6Wi,m4(W)
SUPERINTENDENT
SMiIilS;"IIg~I.; E4,f).
2$12 ~Masu.~ o.tM
VA 6a~Il, VA 2;jll5~
~1j}~1
9IRQ.'NJA. Se*CH CITY ..PYBLI~SCHOQI.S
AHEAD OF THE CURVE
C!?RESOLUTION
W~E~5A$,.the ffiiss!oncf ttleVirglnia Beach Cily Pub~:cS<:tlOOis.in partnership ",lll1oBr Mike cOmrnuoity, is tQ
. ~nsureJhat each studenfisempowered with tile . k.nowled!~e art.'1 skill" necessi.lIy'1O meet the cha::enges oftt\e future;
and
WHERE;AS,theSd1lX>l B~rq h;)saoopl('la ~lCbmprehl:msiVi~ strategic. p~all and' school ir,1proVernt311t Pi"ibdil$$IO
guidebuPget~l"(decis~?ns; ar.(j
WHEREAS.lheSthool B@:'d ha$$llll?ii;!(ilhe n~(!$(lf tMOPO/'Ellirlg e(1ogel<;3nd lhe. CapJtallmpmvemetl!. Pt(jQram
in light of lheavallable fulidir.~Far:d
. ,..
WHEREAS. the. total fu!ldsavaHao!e fot FY 2006107 fmm thil City QfVirgii1ifi$E!achtoVifGihiaB.eaCh City Public
SchOOls uoder.theReveot.ie Sharing Policy as adopted Qi1 M~yH, 2QOeby lhElCiIYCotincilis$365.105,021;and
. ~VHEREAS; the May 11 ;2006 qtybvoQeipruvideQa. di$i{ib(;tiol~ from thaS;:mdbridge TiFful".dbaiame of $~ million.
Of\\IhiCh$4,661,10Cl is al~led to 1~ScnoorBoardbY applie:allon oHM R(!Vf,mueStiaring Formula; and
WHe:REAS. .theS~QQlBoard has. discretiCJnover the alloG.<Jtibfld lhe Riw~i'll)~ $hc'1riOO Formula' funds' net of the
debt $e(vi~eanddiscretion over the use of the $4./;' Mfl'Otn t.r-a fondoaianr..e;and
. WHEREAS,theS4,654 ,i00 is avai!abletb funditerriSrmn<:l\!ed from the March 7, 2006q){i!tating 8069<:1 to balance
fa the available funding;ar.d
WHEREAS. the SchOol Board. re~ni:z;e$ the age ~nd CotdltiqnOf its hlgl;. SChools. as a Sigr'ilficam fuhditl{jchelll'JngEl.
. a~ thesam~tim9nwmpersal$()ackncWledg(;)tliatioo(de( to m~~tt!:ie CIPapproPI'ft:ltedbyqIYC(l~r1Cilthc.PfOjm;li' .
. desigOHIE!(i aJ)'Repl<lc~mentHigil S<<;:hpOl, .must..bedeferrmt l4o\vever; th~ScOO()1 Board also realii!:l3$ tne.lmpor.ance.
. OlthisPfoJet.i. to I~ fiiture()f Iheciiyaiidtherefore;remairis cixl1mittedto ft-.ad(lr$sfng Ihiii$sueiritl1e r10,lct CiP"
bUdgetdeveiopmentcycts,
. Now; therefore be it
RESOLVED, ThEiHhe$365,105;021h FY 06107 .Revenue Sharing Funds .bealloca.ted asfollDv\ls:
DectSeiviCe $40,282,007.
PAYGOCIP $ 17,597,40$
Operating Budget $307.224.646
(il1d be it further
ReSOLVE!);. That the. $ 4.6ol,1CiO appropriateo totheSci1oo1soo Ma~(11i 2006 be used forme fOilOW!!1g pllrp.~lses;
,. $1;736.04616 ClP1c 195$tud.~l1t Data Managerne.l1t Syste.m
,. $1.014:r15tciCIP1'21~. 1Il)f,JilclrepiacElI'!)eni.ofcopiers
. $. ~1O() ,000 to CIPH!t1 . to fUfloequipmelil rep!acement,malntenanceal1drcp<:'lir fo( fo-.?d$et"llices.
eqlJipineo!
.$ 59(}.339 !p.CI? 1:21Hor Gef!!~l'atMainter,aricea.ndRepair
,. $. spa.ooo to CIP1~?; f!f) flltlll replacement cfRisographs
. $' t :?O;fl(JOtnCIP '1~?lt. tp fuqdpufchase .and replacementcf tustodl~l equfp!'I113r.t
,md be if further
RESOt veo: Thatcl copy pf this resclu!ioht)e spre-ao aCl'ossttleoffl()(<lll'llll1iM',s,d tt)~<;f.3<)arO, ~il)r.l the Cl$rk. ohM
BoarQ lsdjr~!ded to delivera. copyort!:iis resbMion to thH M'lYOf,e$ch memtwof City Cc:1.lncH, theCily Mi1nagm',
.. Ellld Ihe City Clerk.
AdQpted byth
S.EAL
. 'ATAUE
ANDCORHECTCOPY.... .
Attest .. ..
~.....p~
. . -.
. . . , - -. ....
---'-;-;'d:' . . . ..,. ....... ... ... .. ..... .. .... .'. '.. . ....
Dfanne P. Aiexande('.Cler~ of tlleSOi;lf(!
Clef
School Adrilinfl;tratian . Building' · '15 n Geo~e M3!ion Dri'-re . P.O, So):' 6038 · Virginia ae:ll::h. VA 134%-0038 '"
- 29-
Item v'J.8.
RESOLUTION/ORDINANCES
ITEM #55318
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AUTHORIZE the acquisition, by purchase for public
purposes, a portion of property at 420 Thalia Road from Thalia Trinity
Presbyterian Church; and, AUTHORIZE the City Manager to
EXCUTE all documents pertaining thereto
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
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EXHIBIT A
VIRGINIA STATE Pt.ANE COORDINATE
S't'SnM, SOUTH ZONE Nt\D 1983 /93 (HARN)
---- 4= D-
THAlIA ROAD (70' R/W)
MB 41 PC S6
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N 00.26'20" 11 N 00" 26'02" 11 3B6.23' ,
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~r 10'PU6UC DRAINAGEEI\SEMfNTHEREBY : : ;.i3: ~
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'1".-.~.----..1!.2<l:..iZ:a::J( ---- -----------------------___J "', ~t
: 130.68' (F) - ~T --.-----..-._.....3.~lL6_:r (n ' , e:
. ExI$L3O'Utility&:OraInapEasement : : 189.51' - -. UI
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EXHIBIT B
SUMMARY OF TERMS
Purchase
SELLER:
Constance Kistler Bradford, Cheryle Lyne Mack and Vickie
Cunningham Rader, Trustees of Thalia Trinity Presbyterian
Church
PURCHASER:
City of Virginia Beach
PROPERTY:
Approximately 6.11 acres located at 420 Thalia Road and identified
as GPIN 1477-96-3587
LEGAL DESCRIPTION
OF PROPERTY TO BE
ACQUIRED:
"PARCEL B, 134,331 SQ. Fr., 3.08382 AC., GPIN 1477-96-5596" as
shown on that plat entitled "PLAT SHOWING SUBDIVISION OF
THALIA TRINITY PRESBYTERIAN CHURCH (MB 138, PG
18), VIRGINIA BEACH, VIRGINIA" dated February 24, 2006
SALES PRICE:
$985,000
CONDITIONS OF SALE:
· The Property shall be subdivided at the City's expense in order to create a new lot for
the public park site.
· The City will acquire the parcel described as 3.08382 acres, to be known as Parcel B,
and the church will retain the remaining 3.00000 acres, to be known as Parcel A.
· The City will be responsible for the cost of the title report and owner's policy.
· The City shall submit a subdivision plan for review and approval by the Planning
Department prior closing.
· A 15' public drainage easement will be dedicated to the City by subdivision plat.
· The City shall prepare the agreement and closing documents.
· The City's property (Parcel B) will be used for a public park site. The public park
hours will be from dawn to dusk.
· The City will be responsible, once the property is subdivided, for removing any park
equipment, grills and tables, etc. from the church property (Parcel A).
· The church will reserve a 20' utility easement for the benefit of Parcel A for an
existing sanitary sewer line.
· The church will dedicate a 24' public ingress/egress easement across Parcel A to be
used for pedestrian access and city maintenance vehicles to Parcel B. This easement
will be located within the drive aisle of the current parking lot and any future
redesign of the parking lot. Any redesign will be subject to review and approval by
the City of Virginia Beach, Department of Parks and Recreation, to ensure similar
reasonable access to the public park.
· The City will share equally in the cost of the maintenance and upkeep of the 24'
public ingress/egress easement crossing Parcel A once the church has completed the
redesign of its parking lot, subject to evaluation and sound engineering judgment,
subject to funding availability and subject to appropriation. The City will also share
equally the cost to cover the 24' public ingress/egress easement in sealant every ten
(10) years, subject to evaluation and sound engineering judgment, subject to funding
availability and subject to appropriation.
X:\OIDIREAL EST A TE\Acquisitions\ WORKING - DEEDS\Open Space Project\RP5830 Thalia Trinity Presbyterian Church\summaryofterms.doc
6- 8-06; 1 1 : 43AM; Rea I Esta te
Law Annex
;4274456
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I VIRGINIA BEACH BLVD.
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I-- ~THALlA PRESBYTERIAN CHURCH
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- GPIN 1477-96-3587
SOUTHERN BLVD.
~nl f-- OPEN SPACE PROGRAM SITE \ I \"
~ [~
I-- ACQUISITION -----j
f---- ===j
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~IIH I\~II~ SCALE: 1" 400' II IH III E ===
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THElUt\J CN'd.Jj!l.CH.DGN M.j.S.
PREPARED BY PIN ENG. CADD DEPT. M~ 9~ ~.DOO05
- - - ----- - ...--
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- 30 -
Item v'J.9.a/b.
RESOLUTION/ORDINANCES
ITEM #55319
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances re Williams Farm property:
AUTHORIZE the City Manager to SELL a portion of
City property at 1068 Newtown Road to the Virginia
Beach School Board re a new Elementary school;
ACCEPT the dedication of a right-of-way; and,
EXECUTE all documents pertaining thereto
ESTABLISH a Capital Project re Williams Park
Improvements and APPROPRIATE $1,264,972 from
the sale of property re park infrastructure development
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
.T1Jnp 1 ~ 7nnfi
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
WHEREAS, the City Council is of the opinion that the
acceptance of the dedication of the Right-of-Way will promote
better use of City-owned property and the overall improvements on
the Williams Farm Property.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. That the City Council authorizes the sale of the Property
pursuant to ~ 15.2-1800 of the Code of Virginia (1950), as amended,
which Property is shown on Exhibit A attached hereto.
2. That the City Council authorizes the acceptance of the
dedication of the Right-of-Way pursuant to ~15.2-1800 of the Code
of Virginia (1950) as amended, which Right-of-Way is also shown on
Exhibit A.
3. That the City Manager or his designee is further
authorized to execute all documents that may be necessary or
appropriate in connection with the sale of the Property, so long as
such documents are in accordance with the Summary of Terms attached
hereto as Exhibit B and acceptable to the City Manager and the City
Attorney.
EXHIBIT A
EXISTING
RIGHT -OF -WAY
NOW OR FORMERLY
GPIN 1468-82-2230
CITY OF VIRGINIA BEACH
INST. NO. 200401290015999
AREA=640,429 S.F.
OR 14.702 AC.
PROPOSED
NOW OR FORMERLY ~\ PARCEL 1 A
GPIN 1468-82-2230 "
CITY OF VIRGINIA BEACH \
INST. NO. 200401290015999 \"-V--'---I,
~O.p \
;fo.~ ~
,1-0
~q;
HEWTOWN ROAD
EL.a.I:NTARY
i SCHOOl.. srre
PROPERTY LINE
TO BE EXTINGUISHED
1-.-_
~ -..-...-...---..
1 ..
I
PROPOSED
'\ THREE SC~OOL RD.
I'. RIGHT-OF-WAY
': ". ,
f.............~...........K AREA... 133,667 S.F.
'. OR 3.069 AC.
>.~;:: \
t'; PROPOSED '
/'F'.{~~ PROPERTY LINE \
, .' .. ,.,,~' PROPOSED \
'co. ;~ .,',c.' 1
.; '.~ PAACEL 1 0 '
-'--. \
"" "
. ./
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"v/
\
PROPOSED\
THREE SCHOOL RD.
RIGHT -OF-WAY
DEDICATION
AREA-120,230 S.F.
OR 2.760 AC.
I
NOW OR FORMERLY
GPIN 1468-82-2230
CITY OF VIRGINIA BEACH
INST, NO. 2004012900 15999
CJ
~
~ PROPERTY TO BE ACQUIRED
BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
'" PROPOSED RIGHT-Of-WAY DEDICATION
BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
EXHIBIT DEPICTING
PROPERTY TO BE ACQUIRED
BY
THE SCHOOL BOARD OF THE CI1Y OF VIRGINIA BEACH
FROM
THE CI1Y OF VIRGINIA BEACH
DATE: APRil 6, 2006 SCALE: '"=500'
500 0 ~
~
GAAPHIC SALE
REVISED: APRIL 28. 2006
LANDMARK
5544 Greenwich Rood - Suite 200
Virginia Beach, VA 23462
Tel. (757) 473-2000
Fox (757) 497-7933
Emoil: Imd90londmorkdg.com
4029 Ironbound Rood - Suite 100
Williomsburg. VA 23188
Tel. (757) 253-2975
Fox (757) 229-0049
Email: ImdgClandmarkdg.col.:.\
DESIGN GROUP
&lgIneers . PIiwlners . ~
I..andsCiIpe An:M2as . EnWonmentaI ConslJItants
DRAWN BY: TH CHECKED BY: ESP DRAWING NO: 31789 PROJECT: 2004013-004.08
EXHIBIT B
SUMMARY OF TERMS
AGREEMENT FOR THE SALE OF
APPROXIMA TEL Y 17.7710 ACRES OF PROPERTY
LOCATED AT 1068 NEWTOWN ROAD
VIRGINIA BEACH, VIRGINIA
OWNER:
City of Virginia Beach
BUYER:
School Board of the City of Virginia Beach
SALE PRICE:
$1,264,972.00 payable at Settlement by check.
SETTLEMENT
DATE:
June 15, 2006. Due Diligence is 90 days after contract fully executed.
Settlement to occur within 15 days of that date.
SPECIAL TERMS
AND CONDITIONS:
· Dedication of the Right-of-Way occurs on or before Settlement.
r
~
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~
o
o
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o
R 0 A D
DEVELOPMENT PLAN
WILLIAMS FARM
.
15 NOV 2005
DEPARMENT OF PARKS AND RECREATION NIRGINIA BEACH CITY PUBUC SCHOOLS
WPL LANDSCAPE ARCHITECTS LAND SURVEYORS CIVILENGINEERERS
cr m m
~-
110O'
I
1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT #4-
2 046, "WILLIAMS PARK IMPROVEMENTS," AND
3 APPROPRIATE $1,264,972 FROM THE SALE OF
4 PROPERTY FOR THE PURPOSE OF PARK
5 INFRASTRUCTURE DEVELOPMENT
6 WHEREAS, the City acquired the Williams Farm parcel 1n January
7 2004; and
8 WHEREAS, at the time of the purchase the City committed to
9 selling a portion of the Williams Farm parcel to the School Board
10 for an elementary school.
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
1.
That
Capital
Project
#4-046,
"Williams
Park
14 Improvements," is hereby established.
15
2.
That $1,264,972 from the sale of property to the School
16 Board is hereby appropriated to the FY 2005-06 Capital Improvement
17 Budget, Project #4-046, "Williams Park Improvements," for park
18 infrastructure development, with revenue from local sources
19 increased accordingly.
20 Adopted by the Council of the City of Virginia Beach,
21 Virginia, on the 13th:1ay of June ,2006.
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~. K.
City Attorney's
CAI0048
X:\PA\GG\OrdRes\Williams Park ORD
R-2
June 1, 2006
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DEVELOPMENT PLAN
R1., WILLIAMS FARM .
II iIIii~ · IS NOV200S 0' 110' 'Jf11 tm
. DEPARMENT OF PARKS AND RECREATION NIRGINIA BEACH CITY PUBLIC SCHOOLS __
WPL LANDSCAPE ARCHITECTS LAND SURVEYORS CIVIL ENGINEERERS I _ I
- 31 -
Item V.J.IO.
RESOLUTION/ORDINANCES
ITEM #55320
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $43,560
from Cost Recovery Revenue and $4,944 from the Fire
Department Gift Fund to the Fire Department's FY
2005-06 operating budget re Operation Smoke Detector
and the Life Safety Education program.
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
June 13, 2006
1!'
1
2
3
4
5
6
7
8
9
10
',..
11
12
13
14
15
16
17
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$43,560 FROM COST RECOVERY REVENUE AND
$4,944 FROM THE FIRE DEPARTMENT GIFT
FUND TO THE FIRE DEPARTMENT'S FY 2005-06
OPERATING BUDGET
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1) That $43,560 in cost recovery revenue is hereby accepted
and appropriated to the Fire Department's FY 2005-06 Operating
Budget for reimbursement of varlOUS costs, with miscellaneous
revenue increased accordingly.
2) That $4,944 in additional gift fund revenue is hereby
accepted and appropriated to the Fire Department's FY 2005-06
Operating Budget to support several fire programs, with gift
fund revenue increased accordingly.
Adopted by the Council of the City of Virginia Beach,
18 Virginia on the 13th
June
day of
, 2006.
Approved as to Content:
Approved as to Legal
Sufficiency:
CAI0047
X:\PA\GG\OrdRes\Fire Dept Gift Fund ORD
R-3
June 2, 2006
- 32 -
Item V.J.11.
RESOLUTION/ORDINANCES
ITEM #55321
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to APPROPRIATE $350,000 in Federal and State revenue re
childcare subsidies to low-income parents.
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
June 13, 2006
AN ORDINANCE TO APPROPRIATE $350,000 IN
FEDERAL AND STATE REVENUE TO PROVIDE CHILD-
CARE SUBSIDIES TO ELIGIBLE LOW-INCOME PARENTS
WHEREAS, additional surplus federal and state funds are
available to the Department of Human Services to provide child-care
subsidies to eligible low-income parents currently on a waiting
list for these services.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That $129,850 ln additional state revenue is hereby
appropriated to the FY 2005-06 Department of Human Services budget
to provide child-care subsidies to eligible low-income parents,
with state revenue increased accordingly.
2. That $220,150 in additional federal revenue is hereby
appropriated to the FY 2005-06 Department of Human Services Budget
to provide child-care subsidies to eligible low-income parents,
with federal revenue increased accordingly.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13th day of
June
, 2006.
Requires an affirmative vote by a majority of the members of City
Council.
Approved As to Content:
Approved As To Legal
Sufficiency:
M~@:L-
CA10051
X:\PA\GG\OrdRes\Child Care Surplus ORD
R-3
June 2, 2006
- 33 -
Item v'J.12.
RESOLUTION/ORDINANCES
ITEM #55322
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $45,703 grant from the
Department of Criminal Justice Services to the FY2005-06 Human
Services operating budget re multi-systemic therapy services to young
adolescents and their families.
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
June 13, 2006
1 AN ORDINANCE TO ACCEPT AND APPROPRITATE
2 $45,703 IN DEPARTMENT OF CRIMINAL JUSTICE
3 SERVICES FEDERAL GRANT FUNDING TO PROVIDE
4 SERVICES TO YOUNG ADOLESCENTS AND THEIR
5 FAMILIES
6 WHEREAS, the Department of Criminal Justice Services awarded
7 the Department of Human Services $45,703 in federal grant funding
8 to provide Multi-Systemic Therapy Services to young adolescents and
9 their families.
10 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12 That $45,703 in federal grant funds is hereby accepted from
13 the Department of Criminal Justice Services and appropriated to the
14 FY 2005-06 Human Services Operating Budget to provide services to
15 young adolescents who are referred from the Virginia Beach Juvenile
16 Court Service Unit and their families, with federal revenue
17 increased accordingly.
18
19
Adopted by
Virginia, on the
the Council of the
13th day of June
City of Virginia
, 2006.
Beach,
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
I W~LU( .1:;f~/
city Attorney' Office
CA10050
X:\PA\GG\OrdRes\DCJS Grant ORD
R-3
June 2, 2006
- 34 -
Item v'J.13.
RESOLUTION/ORDINANCES
ITEM #55323
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to APPROPRIATE $125,104 from the General Fund and
$125,104 from the Sheriff's Department Special Revenue Fund to the FY
2006- 07 Sheriff's Department operating budget re increased costs of the
Central Booking Program
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
June 13, 2006
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO APPROPRIATE $125,104
FROM THE FUND BALANCE OF THE GENERAL
FUND AND $125,104 FROM THE FUND BALANCE
OF THE SHERIFF'S DEPARTMENT SPECIAL
REVENUE FUND TO THE FY 2006-07 OPERATING
BUDGET OF THE SHERIFF'S DEPARTMENT TO
SUPPORT THE INCREASED COSTS OF THE
CENTRAL BOOKING PROGRAM
WHEREAS, the Police Department and Sheriff's Department
11 have vacancies in FY 2005-06 that will result in funding lapsing
12 into the Fund Balances of the General Fund and Sheriff's Special
13 Revenue Fund; and
14 WHEREAS, six additional positions are required in FY 2006-
15 07 and two additional positions are required in FY 2007-08 to
16 maintain current services within the Central Booking Program.
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
19
1.
That $250,208 is hereby appropriated to the Sheriff's
20 Department FY 2006-07 Operating Budget to support costs of
21 Central Booking in the amounts and sources set forth below:
22
a.
$125,104 from the Fund Balance of the General Fund.
23
b.
$125,104 from the Fund Balance of the Sheriff's
24
Department Special Revenue Fund.
25
2. That revenue from local sources is hereby increased
26 accordingly.
27
3. That six full-time positions are hereby established ln
28 the FY 2006-07 Operating Budget.
29
4. That in addition to the six positions established ln FY
30 2006-07, two full-time positions will be added ln the Sheriff's
31 Department FY 2007-08 Operating Budget with 50% of the costs for
32 all eight positions to be provided by permanent reallocations
33 within the Sheriff's Department and 50% of the costs provided by
34 the City.
35 5. That this ordinance is effective July 1, 2006.
36
Adopted by the Council of the City of Virginia Beach,
37
Virginia on the
13
day of
lllJI1P-
, 2006.
Approved as to Content:
Approved as to Legal
Sufficiency:
&rf~q;;A_,~
~~{~
City Attorney's Office
CAI0045
X:\PA\GG\OrdRes\Sheriff Central Booking ORD
R-3
June 2, 2006
Item V-K.
PLANNING
1. DANNY K. MARTIN
2. BELLAMY ASSOCIATES, L.c.
3. ALCAR, L.L.C.
4. LBH, L.L. C
5. OCEAN PROPERTIES, L.L.C.
- 35 -
ITEM # 55324
CONDITIONAL CHANGE OF ZONING
CONDITIONAL CHANGE OF ZONING
CONDITIONAL CHANGE OF ZONING
CONDITIONAL CHANGE OF ZONING
STREET CLOSURE
CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
June 13, 2006
- 36 -
Item v,K.1.
PLANNING
ITEM # 55325
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED
Ordinance upon application of DANNY K. MARTIN for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF DANNY K. MARTIN FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D TO
CONDITIONAL I-I Z06061256
BE IT HERBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Danny K. Martin for a ChanJ!e of Zoning
District Classification from R-5D Residential Duplex District to
Conditional I-I Light Industrial District on property located at 5840
Burton Station Road (GPIN 1458894322). DISTRICT 4 - BAYSIDE
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court and is hereby made a part of the record
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June Two
Thousand Six.
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. Oberndoif, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 2006
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6324
DATE: June 2, 2006
TO:
FROM:
Leslie L. Lilley (;)
B. Kay Wil~
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Danny K. Martin
The above-referenced conditional zoning application is scheduled to be heard by
the City Council on June 13, 2006. I have reviewed the subject proffer agreement, dated
September 29, 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.
BKW/as
Enclosure .
cc: Kathleen Hassen
'-;.i.~~..
PREPARED BY:
3m SYKES. ROURDON.
mJ A1i[RN &. lIVY. P.c
DANNY K. MARTIN
TRAVIS LEE BAKER
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 29th day of September, 2005, by and
between DANNY K. MARTIN, party of the first part, Grantor; TRAVIS LEE BAKER,
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 he second part is the owner of a parcel of property
located in the Bayside District of the City of Virginia Beach, containing
approximately 1.00 acre of land 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 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 R-5D Residential District to Conditional I-I
Light Industrial District; and
WHEREAS, the Grantee's policy is to provide only for the orderly
development of land for various purposes through zoning and other land
development legislation; and
GPIN: 1458-89-4322
1
PREPARED BY:
SYl([S. ROURDON.
4HrnN & U:vv. P.c.
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the
area of the Property and at the same time to recognize the effects of change, and the
need for various types of uses, certain reasonable conditions governing the use of
the Property for the protection of the community that are not generally applicable to
land similarly zoned are needed to cope with the situation to which Grantors'
rezoning application gives rise; and
WHEREAS, Grantors have voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the I-I
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 ?eed for which is generated by the rezoning.
NOW, THEREFORE, Grantors, for themselves, their 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 Grantors, their 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 access, parking and
building orientation, the conceptual site plan entitled "PRELIMINARY SITE PLAN
OF PART OF BLOCK 17, ON THE PLAN OF CORNICK FARM FOR DANNY
MARTIN, Virginia Beach, Virginia" dated September 13, 2005, prepared by John
E. Sirine & Associates, Ltd., which has been exhibited to the Virginia Beach City
2
PREPARED BY,
~m SYKfS. ROURDON.
~". 'r~fRN & [IVY. P.c.
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 building referenced on the
Concept Plan shall have the architectural appearance, design features and
exterior building materials depicted on the eight (8) photographs identified as
"Cornick Farm Office Warehouse for Danny Martin", dated September 13, 2005,
which have been exhibited to the Virginia Beach City Council and is on file :with
the Virginia Beach Department of Planning ("Elevations").
3. When the Property is developed, if required by the Grantee, the party
of the first part shall extend public utilities to service the Property, or, at the
option of Grantee, participate on a pro rata basis in providing public utilities to
service area, which includes the 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.
The above conditions, having been proffered by Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance,
shall continue in full force and effect until a subsequent amendment changes the
zoning of the Property and specifically repeals such conditions. Such conditions
shall continue despite a subsequent amendment to the Zoning Ordinance even if
the subsequent amendment is part of a comprehensive implementation of a new
or substantially revised Zoning Ordinance until specifically repealed. The
conditions, however, may be repealed, amended, or varied by written instrument
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by
the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section
15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as conclusive evidence of
such consent, and if not so recorded, said instrument shall be void.
3
PREPARED BY:
".IB SY1'IS. gammON.
rAV-- . I:lJ::RN &. U:VY. P.c.
Grantors covenant and agree that:
( 1) The Zoning Administrator of the City of Virginia Beach, Virginia,
shall be vested with all necessary authority, on behalf of the governing body of
the City of Virginia Beach, Virginia, to administer and enforce the foregoing
conditions 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, Grantors shall petition the goveming 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
pu blic 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 name of Grantors and
the Grantee.
4
PREPARED BY:
~.m SYKI:S. ~OURDON.
mn AAfRN &. U:VV. P.c.
WITNESS the following signature and seal:
Grantor:
D
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 3rd day of
October, 2005, by Danny K. Martin, Grantor.
_)~,i I! If ';rJ~~
Notary Public .
My Commission Expires: August 31, 2006
5
PREPARED BY:
~.m SYKES. IJOURDON.
mil AIlrRN & u:vv. P.c.
WITNESS the following signature and seal:
STATE OF VIRGI~ t4 .
~OUNTY OF tJX, filk.of1J,(, to-wit: _
IJJ,., The foregoing instrument was ac owledged before me this d.!!.~ay of
ud,ltlf/e r , 2005, by Travis Lee Bake, Grantor.
My Commission Expires:
- f1~'b1
6
PREPARED BY:
"'.13 SYKIS. !BOURDON.
mil MmN & !IVY. P.C
EXHIBIT "A"
ALL THAT certain lot or parcel of land, situate in the City of Virginia Beach
(formerly Kempsville District, in the County of Princess Anne) State of Virginia,
being known, numbered and designated as Part of Block 17, on Plan of Cornick
Farm, Which plan is recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach (formerly Princess Anne County), Virginia, in Deed book 66, at Page
156, said property being more particularly described as follows:
BEGINNING at a point on the northeastern side of Burton Road at the southern
corner of tract conveyed by J. L. Roberts, et ux, to Menser C. Brown, by Deed dated
June 11, 1951, and recorded in the said Clerk's Office in Deed Book 288, at Page
105, which said point of beginning is 183 feet (as measured along the northeastern
side of Burton Road) North of the northern side of Fann Road #4 (as said Farm
Road #4 is shown on the Plan of Cornick Farm aforesaid); thence North 270 49'
East along the southeastern side of property conveyed to Menser C. Brown as
aforesaid 362.3 feet to a pin; thence South 550 48' East 121 feet to a pin; thence
South 270 49' West 362.3 feet to a pin in the northeastern side of Burton Road;
thence North 550 48' West along the northeastern side of Burton Road 121 feet to
the point of beginning.
GPIN: 1458-89-4322
ConditionalRezone / Martin /Proffer
7
- 37 -
Item V.K.2.
PLANNING
ITEM # 55326
The following registered in SUPPORT:
Philip Shucet, President - Dragas Management Corporation, 4538 Bonney Road, Phone; 490-0161.
Mr. Shucet advised the proposed development, "The Villas at Bellamy", consists of one hundred twenty
(120) two-story detached homes. The homes to be constructed will be 4 two-story homes each with
an external private entrance contained in one building. The thirty (30) buildings TO BE built at this site
represent five (5) fewer buildings than could be currently constructed "by right". The noise level zone
is less than 65 dB. Housing in the $185,000 to $200,000 price range proposedfor the Villas will
be affordable to the median income wage earner: teachers, nurses, police and fire fighters. Information
package distributed is hereby made a part of the record.
Fernando Perez, 3149 Ashaway Road, Phone: 490-0161, active duty enlisted officer, in support of
affordable housing
Deborah Bloktamp, 4119 Birch Court, Phone: 467-9011, President - Timberlake Community Association
Helen Sammer, 5685 Virginia Beach Boulevard, Phone: 490-0161, represented Habitatfor Humanity
Abby Causey, Board of Directors, 560 Curen Drive, Phone: 463-1483, represented Empower Hampton
Roads
George Horey, Board of Directors - Empower Hampton Roads, 2702 Regatta Circle, Phone: 490-0161
Ronald D. Morrison, 4845 Berrywood Road, Phone: 681-6337, resident of Bellamy Woods
Kenneth Pravetz, 4305 Shrew Trail, Phone; 416-1120, represented four hundred (400) firefighters
The following registered in OPPOSITION:
Marcia Curtis, President - Bellamy Woods Civic League, 1200 Worthington Lane, Phone: 495-2008,
expressed concern relative traffic safety re the intersection of Princess Anne Road and Bratingham
Drive
Upon motion by Councilman Diezel, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of BELLAMY ASSOCIATES, L.C.for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF BELLAMY ASSOCIATES, L. C.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-
7.5 TO CONDITIONALA-18 Z06061257
BE IT HERBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Bellamy Associates, L. C. for a Chanf!e of
Zoninf! District Classification from R -7.5 Residential District to
Conditional A-18 Apartment District on property located at 4416
Princess Anne Road (GPIN 14766093400000). The Comprehensive
Plan designates this site as being within the Primary Residential Area.
The purpose of this rezoning is to develop multi-family dwellings.
DISTRICT 2 - KEMPSVILLE
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court and is hereby made a part of the record
June 13, 2006
- 38 -
Item v'K.2.
PLANNING
ITEM # 55326 (Continued)
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June Two
Thousand Six.
Voting: 10-1
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, 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:
Reba S. McClanan
Council Members Absent:
None
June 13, 2006
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6325
DATE: June 2,2006
TO:
FROM:
Leslie L. Lilley. GJ
B. Kay WiISO~
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Bellamy Associates, L.C.
The above-referenced conditional zoning application is scheduled to be heard by
the City Council on June 13, 2006. I have reviewed the subject proffer agreement, dated
May 25, 2006 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/as
Enclosure
cc: Kathleen Hassen
BELLAMY ASSOCIATES, l.C., a Virginia limiteclliabi6ty company
TO (PROFFERED 'COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 25th day of May, 2006, by and between
BELLAMY ASSOCIATES. Le., a Virginia limited liability company. Grantor; and THE
CITY OF VIRGINIA BEACH, a municipal corporation of1he Corrmonwealth ofVlI'ginia.
Grantee;
BACKGROUND:
A. Grantor is the owner of a certain parcel of property located in the
KempsviHe District of the City of Virginia Beach, containing approximately 10.063 acres
which is more particularly deseriJed in Exhibit "A" attached hereto and incorporated
herein by th is reference. Said parcel is herein refelTed to as the "Property".
8- Grantor is the owner of the parcel described in Exhibit "A" and has
initiated a conditional amendment to the Zoning Map of the City of Virginia Beach.
V~rginia, by petition addressed to the Grantee so as to change the Zoning Classification
of the Pr<lperty from R-7.5 Residential District to Conditional A-18 Aparlment District.
GP1N: 1476-60-9340-0000
Prepared By and Retum To:
Kaufman and Canoles
Suite 2100
150 West Main Street
Norfolk. Virginia 23510
1
C. The Grantee's policy is to provide only for the orderly development of land for
various purposes through zoning and other land development legislation.
D. 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 the Grantor's rezoning application gives rise.
E. 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-18 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
amendm~nt 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, 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 auid pro auo for zoning, rezoning, site plan,
building permit, or subdivision approval, hereby make the following declaration of
conditions and restrictions which shall restrict and govern the physical development,
operation, and use of the Property and hereby covenant and agree that this declaration
shall constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantor, its
successors, personal representatives, assigns, grantee, and other successors in
interest or title:
1 . The Property shall be developed substantially as shown on the "The
Villas at Bellamy - Conceptual Site Plan," dated July 21st, 2005, prepared for the
Dragas Companies, which has been exhibited to the Virginia Beach City Council and is
on file with the Virginia Beach Department of Planning (hereinafter, the "Concept Plan")
2
2. When the Property is developed, a swimming pool and cabana to serve
the community's residents shall be constructed.
3. When the Property is developed, a landscaped entrance feature shall be
constructed in substantial conformance with a monument style sign externally
illuminated from ground level as depicted and described on the "Perspective View at
Entrance - The Villas at Bellamy", dated May 4th, 2006, which has been exhibited to
the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning ("Entrance Plan").
4. There will be no more than thirty (30r residential buildings, each one
being two (2) stories in height, and containing four (4) dwelling units per building. The
total number of dwelling units permitted to be constructed on the Property shall not
exceed one hundred twenty (120) and no dwelling unit shall contain more than three
(3) bedrooms.
5. The architectural design of the residential buildings will be substantially
as depict~ on the exhibit entitled "Architectural Elevations - The Villas at Bellamy",
dated July 21st, 2005, which has been exhibited to the Virginia Beach City Council and
is on file with the Virginia Beach Department of Planning ("Elevation"). The primary
exterior building material shall be synthetic board siding with accents of synthetic cedar
shake, and the colors used may vary from those on the exhibits but all will be earth
tones.
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
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
3
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, an(i 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 name of the Grantor and the Grantee.
4
WITNESS the following signature and seal:
GRANTOR:
Bellamy Associates, L.C.,
a Virginia limited liability company
By: Dragas Management Corporation
a Virginia corporation, Manager
~ ;1AMJI
Philip A. Shucet, President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 25th day of
October, -2005, by Philip A. Shucet, President of Dragas Management Corporation, a
Virginia corporation, Manager of Bellamy Associates, L.C., a Virginia limited liability
company.
~~
My
,//5t?/P7
(SEAL)
Notary Public
5
Exhibit "A"
Metes and Bounds Description of 4416 Princess Anne Road
(GPIN 1476-60-9340-0000)
Beginning at a point located in the northern right-of-way line of Princess Anne Road
where it meets the western line of a 24' Reserved Road, said point being 943 feet, plus
or minus, from the northwest intersection of Princess Anne Road and Windsor Oaks
Boulevard; thence turning and running along the northern right-of-way line of Princess
Anne Road, N47031 '28'W, 91.43 feet, to a pin in the line of property now or formerly
Trustees of The Kempsville Church of God; thence turning and running along the line of
property now or formerly Trustees of The Kempsville Church of God, N36017'32"E,
1392.45' to..a point in the line of property now or formerly CH&B Associates; thence
turning and running along the line of property now or formerly CH&B Associates,
S53030'59"E, 166.79 feet to a pin in the western line of the Subdivision of Timberlake,
Section Thirteen; thence turning and running along the southern line of the Subdivision
of Timberlake, Section Thirteen, S53054'09"E, 368.40 feet to a point in the western line
of a 24' Reserved Road; thence turning and running along the western line of said 24'
Reserved Road, S53051'49'W, 1471.66 feet, to the point of beginning.
Said parcel of land containing 438,350 square feet or 10.063 Acres.
- 39 -
Item V.K.3.
PLANNING
ITEM # 55327
Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth
Floor, Phone: 499-8971, represented the applicant. 44% of the property is in housing and 56% in
open space. Thirty-nine and one-half acres is being dedicated to the City for the West Neck
Creek Linear Park. Two (2) lanes of Nimmo Parkway will be built from the fire station to the East.
The following registered in OPPOSITION:
Paul Dean, 2472 Windy Pines Bend, Phone: 427-9774, resident of Castle ton
Doug Harrison, 2556 Piney Bark Drive, Phone: 301-6733
Duke Baisden, 2569 Springhaven, Phone: 430-0869
Raye Jean McMichael, 2573 Hunters Run Trail, Phone: 427-2728
John D. Martin, 2301 Barn Sill Court, Phone; 430-2983
Karen 1. Trenton, 2468 Windy Pines, Phone: 430-6700
Roni Marquez, 2104 Shade Tree Street, Phone: 563-2822
Jack Reich, 2540 Piney Bank Drive, Phone: 427-6170
Petition containing 147 signatures in opposition to the rezoning, was distributed and is hereby made a
part of the record.
Commander John Lauterbach, referenced the June 5, 2003 correspondence of Captain Keeley, NAS
Oceana, Plans and Policy Legal Advisor, stating this proposal is incompatible with the Navy's AICUZ
program
A MOTION was made by Councilman Reeve, seconded by Councilman Maddox, to ADOPT Ordinance
upon Application of ALCAR, L.L. C. for a Chanf!e of Zoninf! District Classification
ORDINANCE UPON APPLICATION OF ALCAR, L.L.C. FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1
AND AG-2 TO CONDITIONAL R-7.5
Ordinance upon Application of ALCAR, 1.1. C. for a Chanf!e of Zoninf!
District Classification from AG-1 and AG-2 Agricultural Districts to
Conditional R-7.5 Residential District on property located on the north
side of the Nimmo Parkway Right-of- Way (unimproved), 910 feet west of
Rockingchair Lane (GPINs 2404371630; 2404573796; 2404564943).
DISTRICT 7 - PRINCESS ANNE
- 40-
Item V.K.3.
PLANNING ITEM # 55327 (Continued)
Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Harry E. Diezel, Richard A. Maddox, Jim Reeve, Peter W Schmidt and Ron
A. Villanueva
Council Members Voting Nay:
Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Rosemary Wilson and James 1. Wood
Council Members Absent:
None
June 13, 2006
- 41 -
Item V.K.4.
PLANNING
ITEM # 55328
The following registered in SUPPORT:
Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth
Floor, Phone: 499-8971, represented the applicant, and advised "Sherwood Lakes" is a Conditional
Rezoning of seven (7) parcels, slightly less than 240 acres of land, none of which is located in the
aircraft Noise Zone. The northern property lines adjoin the Highgate Greens and Three Oaks
neighborhoods as well as City owned property (Three Oaks Elementary School and a 37-acre public park
is under design). The LBH property currently contains two (2) large industrial sign mines or borrow pits.
This proposal seeks to redevelop the two hundred forty (240) acres into a unique upscale
intergenerational community,jeaturing two (2) recreational lakes and over one hundred twenty (120)
acres in size, and more than 55 acres of green space in an open space outside of the lakes, with over 3-
~ miles of multi-purpose trail for public use (including equestrian use). The plan includes dedication to
Parks and Recreation of 4.3 acres of land, located at the northeastern corner, which is intended to
become a Park. Attorney Bourdon referenced his correspondence of June 9, 2006, which is hereby made
a part of the record.
Joe Pulley, 4828 Gatwick Drive, Phone: 467-9292, represented the applicant, met with representatives of
Virginia Department of Game and Inland Fisheries and conducted water quality tests, which were
favorable. Mr. Pulley will continue to work closely with the representatives to ensure a superb fishing
and boating public amenity.
Gene Hansen, 2313 Sandfiddler Road, Phone: 721-6736, former member - of the Transition Area
Technical Advisory Committee (TA TA C). Mr. Hansen expressed appreciationfor the recreational
facility contained within the project (without cost to the City).
The following registered in OPPOSITION:
Carolyn Castleberry, 2381 Upper Greens Place, Phone: 427-5924, resident of High gate Greens. Ms.
Castleberry expressed concern relative increased traffic and the safety of children.
Bernard J Byrne, 2728 Esplanade Court, Phone: 430-0571, advised the application was a deliberate
effort to circumvent the Transition Area Guidelines.
Scott Lovell, 2641 Lower Greens Place, Phone: 427-2429 (Home), 466-9608 (Work), represented the
Highgate Greens Home Owners Association, and advised Sherwood Lakes does not meet the Transition
Area Guidelines.
Melinda Brown, 1867 Malbon Road, Phone: 377-9854, and advised Sherwood Lakes does not meet the
Transition Area Guidelines (one developable unit per acre), nor comply with the Comprehensive Plan.
The application more than doubles the allowed density in the area.
Marilyn Danner, 2601 West Landing Road, Phone: 426-7390, advised of rampant development, without
improvement to the roads.
Cheryl Adams, 208 McNelly Lane, Phone: 430-8398, resident of Highgate Greens. The application does
not comply with zoning density and impacts over-burdened services, such as roads and schools.
Laura Sisino 2821 Seaboard Road, Phone: 689-2600. The application does not comply with the
Transition Area guidelines. Ms. Sisino distributed petition in OPPOSITION, which is hereby made a
part of the record.
Herb Jones, 2313 Sandpiper Road, Phone: 721-1103, spoke relative the negative impacts of in creased
density. The application does not comply with the Transition Area guidelines nor the Comprehensive
Plan
Kellie Prince, 2808 Country Place, Phone: 689-8124, recently left California because of density.
Jonathan Priest, 7335 Shirland Avenue, Phone; 749-0886, represented the Back Bay Restoration
Foundation. Sherwood Lakes has serious issues with the interpretation of the Transition Area's
Development Plan.
June 13, 2006
- 42-
Item V.K.4.
PLANNING
ITEM # 55328 (Continued)
Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council ADOPTED an
Ordinance upon application of LBH, LLC for a Conditional Change of Zoning:
APPLICATION OF LBH, LLC FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO
CONDITIONAL R-10 WITH A PD-H2 PLANNED UNIT
DEVELOPMENT DISTRICT OVERLAY AND B-1A LIMITED
BUSINESS DISTRICT Z06061258
BE IT HERBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Application of LBH, LLC for a Chanf!e of Zoninf! District Classification
from AG-1 and AG-2 Agricultural District to Conditional R-lO
Residential with a PD-H2 Planned Unit Development District Overlay
and B-1A Limited Business District on property located on the west side
of Princess Anne Road, approximately 1,950 feet southwest of
Sandbridge Road (GPINs 2404809627; 2403698016; 2403886753;
2403890088; 2403798068; 2403793035; 2414014092). The
Comprehensive Plan designates this site as part of the Princess Anne
Transition Area, suitable for residential uses developed in accordance
with the Comprehensive Plan policies for this area. The purpose of this
rezoning is to develop a residential neighborhood of mixed unit types
and a restaurant. DISTRICT 7 - PRINCESS ANNE
The following condition shall be required:
1. Agreements encompassing proffers shall be recorded with the
Clerk of the Circuit Court and is hereby made a part of the record
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June Two
Thousand Six.
June 13, 2006
- 43-
Item V.K.4.
PLANNING ITEM # 55328 (Continued)
Voting: 8-3
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1.
Wood
Council Members Voting Nay:
Robert M Dyer, Meyera E. Oberndorf and Reba S. McClanan
Council Members Absent:
None
June 13, 2006
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6313, DF-6421, DF-6422
DATE: June 2,2006
TO:
FROM:
Leslie L. Lilley ~
B. Kay WiISO~
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; L.B.H., LLC: Conditional Rezoning
L.B.H., LLC: Retail
L.B.H., LLC: Restaurant
The above-referenced conditional zoning applications are scheduled to be heard by
the City Council on June 13, 2006. I have reviewed the subject proffer agreements, dated
July 31,2005 and November 17, 2005 and have determined them to be legally sufficient
and in proper legal form. Copies of the agreements are attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW /as
Enclosure'
cc: Kathleen Hassen
L.B.H., L.L.C., a Virginia limited liability company
E.V. WILLIAMS, INC. f/k/a BHC ACQUISITION CORP., a Virginia corporation
LORD DeLONG, L.L.C., a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CI1Y OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 31 st day of July, 2005, by and between L.B.H.,
L.L.C., a Virginia limited liability company, Grantor, party of the fIrst part; E.V.
WILLIAMS, INC. fjk/a BHC ACQUISITION CORP., a Virginia corporation, Grantor,
party of the second part; LORD DeLONG, L.L.C., _a Virginia limited liability
company, Grantor, party of the third part; and THE CI1Y OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, Grantee, party of the
fourth part.
WITNESSETH:
WHEREAS, the party of the second part is the owner of two (2) parcels of
property located in the Princess Anne District of the City of Virginia Beach,
containing approximately 136.5 acres designated as Parcels One and Two in
Exhibit "A" attached hereto and incorporated herein by this reference. Parcels One
and Two along with the other parcels described herein and in Exhibit "A" are
hereinafter collectively referred to as the "Property"; and
GPIN: 2414-01-4092
2404-80-9627 (Part of)
2403-69-8016
2403-88-6753
2403-89-0088
2403-79-8068
2403-79-3035
PREPARED BY:
'13 SnES. ROURDON.
~r "'ruN &. LM. P.c.
1
PREPARED BY:
WHEREAS, the party of the third part is the owner of five (5) parcels of
property located in the Princess Anne District of the City of Virginia Beach,
containing a total of approximately 102.6 acres and designated as Parcels Three,
Four, Five, Six and Seven in Exhibit "A" attached hereto and incorporated herein by
this reference. These five (5) parcels along with the other parcels described herein
and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and
WHEREAS, the party of the first part is the contract purchaser of the
Property and has initiated a conditional amendment to the Zoning Map of the City
of Virginia Beach, Virginia, by petition addressed to the Grantee so as to .change the
Zoning Classifications of the Property from AG-1 and AG-2 to PDH-2 with
underlying R-10 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
inc~mpatible 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 PDH-
2 (R-10) 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, 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 que for zoning,
DB SYKES. ROURDON.
o Aij[RN &. LM. P.C
2
PREPARED BY:
~.m SYKrs. ROURDON.
~r '\l~RN &. liVY. P.c.
depicted on the "Elevations" entitled: (a) "EXECUTIVE HOMES at Sherwood Lakes"
dated 7-31-05; (b) "MANOR HOMES at Sherwood Lakes" dated 7-31-05; (c) "COTIAGE
HOMES at Sherwood Lakes" dated 7-31-05; and (d) "AGE RESTRICTED HOMES at
Sherwood Lakes" dated 7-31-05, which have been exhibited to the City Council and is
on fIle in the Department of Planning.
5. The total combination of single family and age restricted multi-family
units to be developed on those portions of the Property zoned PDH-2 may not exceed a
maximum of 240 units.
6. The party of the first part agrees that during the detailed site plan review
it shall conduct a Traffic Impact Study of the impacts of Sherwood Lakes. The Grantor
agrees to substantially complete or bond the required improvements on Princess Anne
Road at the entrance to Sherwood Lakes that are called for in the Traffic Impact Study.
Said improvements shall be substantially completed or bonded prior to the issuance of
the first permanent occupancy permit for residents within Sherwood Lakes.
7. Prior to the Grantee issuing the frrst building permit for any residential
unit, the party of the first part shall contribute the sum of $400,000.00 to Grantee to
be utilized by the Grantee for right of way improvements to that section of Princess
Anne Road lying south of its intersection with Sandbridge Road and north of its
intersection with Flanagans Lane. In accordance with Section 15.2-2298 of the Code of
Virginia, if the Grantee has no projects for any right-of-way improvements to the
designated section of Princess Anne Road in Grantee's Capital Improvement Program
(C.I.P.) at the time the first building permit is requested, payment of the $400,000.00
contribution shall be deferred until the Grantee includes such a project in its C.I.P. If
the funds proffered and paid by the party of the frrst part in this paragraph are not
used by the Grantee anytime within the next twenty (20) years for the purpose for
which they are proffered, then any funds paid and unused may be used by the Grantee
for any other public purpose.
8. When the Property is developed, the :1:4.3 acre parcel near the northeast
corner of the property designated "CITY PARK DEDICATION" on the Concept Plan shall
be given and dedicated to the Grantee.
9. 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
4
PREPARED BY:
continue in full force and effect until a subsequent amendment changes the zoning of
the Property and specifically repeals such conditions. Such conditions shall continue
despite a subsequent amendment to the Zoning Ordinance even if the subsequent
amendment is part of a comprehensive implementation of a new or substantially.
revised Zoning Ordinance until specifically repealed. The conditions, however, may be
repealed, amended, or varied by written instrument recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner
of the Property at the time of recordation of such instrument, provided that said
instrument is consented to by the Grantee in writing as evidenced by a certified copy of
an ordinance or a resolution adopted by the governing body of the Grantee, after a
public. hearing before the Grantee which was advertised pursuant to the provisions of
Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as conclusive evidence of such
consent, and if not so recorded, said instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested With all necessary authority, on behalf of the governing body of the City of
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.
1Y
0:
c.:
ec
~YKIS. ROURDON.
4J1r-->T & LM.P.c.
5
PREPARED BY:
!B SYJ([S. ROURDON.
II AIlmN & iM. P.c.
WITNESS the following signature and seal:
Grantor:
E.V. WILLIAMS, INC., a Virginia corporation
'-.~
/'~--' --~
l3KJV, -de-v~. .'>-
C." Thomas L. Partridge, Plifsident
c
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
. The foregoing instrument was acknowledged before me this /~ +k.day of
August, 2005, by Thomas L, Partridge, President of E.V. Williams, Inc., a Virginia
corporation.
j
S}L;;!~~
{
My Commission Expires: 7f.:3 rjGl 7
7
PREPARED BY:
;0 SYKIS. ROURDON.
~,.. "'lImN & lIVY. P.c.
EXHIBIT "A"
PARCEL ONE:
ALL THAT certain lot, piece or parcel of land, together with the improvements
thereon and the appurtenances thereunto belonging, situate in the Princess Anne
Borough of the City of Virginia Beach, Virginia, and being shown and designated
as PARCEL "A" 1,481,191.00 Sq. Ft. or 34.00 AC., on that certain plat entitled
"SUBDIVISION OF PROPERTY OWNED BY DAVID B. HILL, JR. (D.B. 2522, PF.
1294) Princess Anne Borough, Virginia Beach, Virginia", dated December 18,
1990, prepared by Miller-Stephenson & Associates, P.C., which plat is duly
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 212, at Page 5.
GPIN: 2414-01-4092
PARCEL TWO:
ALL THAT certain tract or parcel of land, with the improvements thereon and all
sand, minerals, mining rights, licenses, permits, and all other appurtenances
thereunto belonging, situate, lying and being in Princess Anne Borough, Virginia
Beach, Virginia, known, numbered and designated as "A - 102.96 Ac." as shown
on the plat entitled "Survey of Property of Evelyn L. McKnight and Land Farm
Co., Inc., Map Book 102, Page 23 (erroneously referred to as Map Book 91 at
Page 52 in prior deed), Princess Anne Borough, Virginia Beach, Virginia", made
by W.B. Gallup, Surveyors, dated April 21, 1969, revised November 23, 1973,
duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia simultaneously with a Deed dated February 22, 1974 from Evelyn
L. McKnight and William R. McKnight to Capricorn Associates, which Deed is
recorded in Deed Book 1403, at Page 687, in the Clerk's office, said parcel being
of the dimensions as shown on said plat tow which reference is hereby made for a
more particular description of said property.
Less and Except that ten (10) foot strip which was conveyed to the City of Virginia
Beach for road widening as recorded in the aforesaid Clerk's Office in Deed Book
2028, at Page 723.
GPIN: 2404-80-9627 (Part of)
PARCEL THREE:
ALL THAT CERTAIN parcel of land, situated on the east side of Seaboard Road,
Princess Anne Borough, City of Virginia Beach, Virginia, being designated as
PARCEL C, as shown on that certain plat entitled "Plat of Property of Lee Edward
Johnson Estate, Princess Anne Borough, Virginia Beach, Virginia", made by
9
PREPARED BY:
13m SYKI:s. !JOURDON.
I\U AHmN & LM. P.c.
Harold R. Warren, Jr., Certified Land Surveyor, Virginia Beach, Virginia, dated
April 15, 1968, recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 78, at Page 49, reference to which plat is
hereby made for a more particular description of said property.
GPIN: 2403-69-8016
PARCEL FOUR:
ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach,
Virginia, containing 43.770 acres shown and designated as "PARCEL 'B-1''', on
that certain plat entitled "SUBDIVISION OF PROPERTY PARCEL B SURVEY OF
PROPERTY OF E.L. McKNIGHT & LAND FARM CO., INC. (M.B. 102, P. 23)", made
by Gallup Surveyors & Engineers, Ltd., dated 2, September 1988, which plat is
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Deed Book 2816, at Page 1072.
GPIN NO: 2403-88-6753
PARCEL FIVE:
ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach,
Virginia, containing 7.162 acres shown and designated as "PARCEL 'B-4"', on
that certain plat entitled "SUBDMSION OF PROPERTY PARCEL B-1 AND THE
REMAINS OF PARCEL B PROPERTY OF E.L. McKNIGHT & LAND FARM CO.,
INC. (D.B. 2816, P. 1072 Plat)", made by Gallup Surveyors & Engineers, Ltd.,
dated August 25, 1998, which plat is recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book 272, at Pages 95-96.
GPIN: 2403-89-0088
PARCEL SIX:
ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach,
Virginia, containing 5.219 acres shown and designated as "PARCEL 'B-5"', on
that certain plat entitled "SUBDIVISION OF PROPERTY PARCEL B-1 AND THE
REMAINS OF PARCEL B PROPERTY OF E.L. McKNIGHT & LAND FARM CO.,
INC. (D.B. 2816, P. 1072 Plat)", made by Gallup Surveyors & Engineers, Ltd.,
dated August 25, 1998, which plat is recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book 272, at Pages 95-96.
GPIN: 2403-79-8068
10
PREPARED BY:
(;JIB SITES. ROURDON.
m"1I AHERN & lM. P.c.
PARCEL SEVEN:
ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach,
Virginia, containing 46.625 acres shown and designated as "REMAINS OF
PARCEL B - 'NOT A BUILDING SITEm on that certain plat entitled
"RESUBDIVISION OF PROPERTY PARCELS B-2, B-3 AND THE REMAINS OF
PARCEL B PROPERTY OF E.L. McKNIGHT & LAND FARM CO., INC.", made by
Gallup Surveyors & Engineers, Ltd., dated June 10, 1999, which plat is recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in
Map Book 278, at Pages 15-17.
GPIN: 2403-79-3035
CONDITIONALREZONE/LBH/SHERWOODLAKES/PROFFER
11
L.B.H., L.L.C., a Virginia limited liability company
E.V. WILLIAMS, INC. flkla BHC ACQUISITION CORP., a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 17tb. day of November, 2005, by and between
L.B.H., L.L.C., a Virginia limited liability company, party of the first part, Grantor;
E.V. WILLIAMS, INC flkl a BHC ACQUISITION CORP., 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 Princess Anne District of the City of Virginia Beach,
containing approximately 2.81 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 AG-l Agricultural District to Conditional
B-l1\ Limited Community Business District; and
WHEREAS, the Grantee's policy is to provide only for the orderly
development of land for various purposes through zonmg and other land
development legislation; and
GPIN: Part of 2404-80-9627
PREPARED BY:
DB SYJ([S. BOURDON.
f(J A Tlt:RN & lM. P.c.
1
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 t!1e 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 "CONCEPTUAL SITE LAYOUT PLAN OF SHERWOOD
LAKES", dated 07/31/05, prepared by MSA, P.C., which has been exhibited to the
PREPARED BY, Virginia Beach City Council and is on file with the Virginia Beach Department of
llBSyn:s. ROURDON. Planning (hereinafter "Site Plan").
111 AllfRN & liVY. P.L
2
2. When the Property is developed, the exterior of the building depicted
on the Site Plan shall have "low country", rurally compatible architectural
features, high quality building materials and earth tone colors. Detailed building
elevations and a materials board shall be submitted to the Planning Director for
review and approval prior to the review of any site plan for this Property.
3. The only use which shall be permitted on the Property shall be Eating
and Drinking Establishments without drive-through windows.
4. All outdoor lighting shall be shielded, deflected, shaded and focused
to direct light down onto the premises and away from adjoining property.
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.
All references hereinabove to B-1A 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 hnplementation 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
PREPARED BY: the governing body of the Grantee, after a public hearing before the Grantee which
B~~J~~1~~~. 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
3
WITNESS the following signature and seal:
Grantor:
L.B.H., L.L.C., a Virginia limited liability company
By:
By:
Arnhold Marketing Services, Inc.,
a Virginia corporatiOIZ::Member
'... (SEAL)
. Arnhold~ President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
~.
R.-
The foregoing instrument was acknowledged before me this ~ day of
November, 2005, by James M. Arnhold, President of Arnhold Marketing Services,
Inc., a Virginia corporation, Managing Member of L.B.H., L.L.C., a Virginia limited
liability company, Grantor.
~~
Notary Public
My Commission Expires: AJJgn~t 31, 200€i &-J6.- 6 C
PREPARED BY:
lIB syn:s. ROURDON.
iIJI · lImN & llVY. P.c.
5
)ecevnt>er
PREPARED BY:
m SYK~S. ROURDON.
D A UffiN & UVY. P.C
WITNESS the following signature and seal:
Grantor:
James A. Openshaw
Vice President
~
.,
r
:c
(SEAL)
l'
STATE OF VIRGINIA
CITY OF O(rg-;n,lt~c~tO-wit:
. The foregoing instrument was acknowledged before me this c:5J..O ~ day of
N"0,,"emb8l', 2005, by Thema~:r:;-~erPre€ideBt of E.V. Williams, Inc., a Virginia
corporation. JDr<'es !~. O~sho.uJ
'VICe... ~.-e$.l~u Q-G1 · _
Notary PUbfO
My Commission Expires: '7- 3 I ~ (J"7
6
L.B.H., L.L.C., a Virginia limited liability company
E.V. WILLIAMS, INC. fjkja BHC ACQUISITION CORP., a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 17th day of November, 2005, by and between
L.B.H., L.L.C., a Virginia limited liability company, party of the first part, Grantor;
E.V. WILLIAMS, INC flkl a BHC ACQUISITION CORP., 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 Princess Anne District of the City of Virginia Beach,
containing approximately 2.354 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 AG-l Agricultural District to Conditional
B-IA Limited 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
PREPARED BY,
GPIN: Part of 2404-80-9627
lIB STIfS. ROURDON.
iiI AIIfRN & llVY. P.c.
1
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 "CONCEPTUAL SITE LAYOUT PLAN OF SHERWOOD
LAKES", dated 07/31/05, prepared by MSA, P.C., which has been exhibited to the
PREPARED BY: Virginia Beach City Council and is on file with the Virginia Beach Department of
SlISYU:S. ROURDON. Planning (hereinafter "Site Plan").
I -\lImN & lIVY. P.c.
2
PREPARED BY,
~ SYKES. nOURDON,
~.,. ~rnN & lM. P.c.
2. When the Property is developed, the exterior of the building depicted
on the Site Plan shall have the architectural features and colors substantially as
depicted on the exhibit entitled "RETAIL BUILDING WITH 10' WRAP AROUND
PORCH", prepared by Land Planning Solutions, which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning (hereinafter "Elevation").
3. The only uses which shall be permitted on the Property shall be:
a. Retail Establishments;
b. Specialty shops;
c. Personal service establishments to inClude spas;
d. Art galleries;
e. Florists, gift shops, stationary stores.
4. All outdoor lighting shall be shielded, deflected, shaded and focused
to direct light down onto the premises and away from adjoining property.
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.
All references hereinabove to B-IA 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
3
writing as evidenced by a certified copy of an ordinance or a resolution adopted by
the goveming 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 goveming 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, induding mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proce_eding;
(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 goveming 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.
PREPARED BY:
~ SYUS. ROURDON.
. ~qrRN &1IVY.P.c.
4
WITNESS the following signature and seal:
Grantor:
L.B.H., L.L.C., a Virginia limited liability company
By: Arnhold Marketing Services, Inc.,
a Virginia corporation, Managing Member
By: AL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
.cc::;
The foregoing instrument was acknowledged before me this ~ day of
November, 2005, by James M. Arnhold, President of Arnhold Marketing Services,
Inc., a Virginia corporation, Managing Member of L.B.H., L.L.C., a Virginia limited
liability company, Grantor.
~ fltfeL~
Notary Public
My Commission Expires: AUgu3t 01, 200G ~J6- 6 6
PREPARED BY:
~ Syn:s. ROURDON.
~P' 'TiffiN & UTI. P.C
5
~'ceV\'\ ber
PREPARED BY:
1m SYKIS. ROURDON.
n AqrnN & LM. P-C.
WITNESS the following signature and seal:
Grantor:
E.V. WILLIAMS, INC., a Virginia corporation
(SEAL)
~~t
James A. Openshaw
Vice President
~~~~~I~~~~'OC~ to-wit
The foregoing instrument was acknowledged before me this 2. O~ day of
N'o-vember, 2005, by 'f-hcma2 T., P~l"'tI~, PFesidcm of E.V. Williams, Inc., a Virginia
corporation. -:3C~line.s A - Cfel-\~hctuJ
V lee. ?.-€s ; den.-t ()?, 0/
~~-tLt:~ .
Notary Public
My Commission Expires: 7 - 3 1- 07
6
PREPARED BY:
;!IU SYKIS. ROURDON.
r ~ UmN & LM. P.C
EXHIBIT "A"
Commencing at a point on the westem right of way line of Princess Anne Road
(variable width right of way) at the dividing line of property now or formerly Willard
A. White and Parcel B-1; thence along said right of way line in a northeasterly
direction, a distance of 3,275 feet more or less to the point of beginning; thence
leaving Princess Anne Road North 570 24' 22" West, a distance of 265.47 feet to a
point; thence North 320 33' 57" East a distance of 387.68 feet to a point; thence
South 570 12' 31" East, a distance of 264.15 feet to a point on the northwestern
line of Princess Anne Road; thence along said road South 320 22' II" West, a
distance of 386.77 feet to the point of beginning. Said parcel contains 102,541
square feet or 2.354 acres.
GPIN: Part of 2404-80-9627
ConditionalRezone / LBH / SherwoodLakes / Proffer3. 3
7
- 44-
Item v'K.5.
PLANNING
ITEM # 55329
The following registered in SUPPORT:
Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth
Floor, Phone: 499-8971, represented the applicant (Lake Bradford Condos). The application
represents an assemblage of nine (9) single family residential homes. The properties are directly
adjacent to WA WA and across from the Bayside Shopping Center. The application is to tear down the
homes and redevelop the entire 3.58 acre site as a condominium project. The condominium project
would total 77 units. 170 parking spaces will be provided, as well as sidewalks and a berm in front of
the property.
Ann Argodale, 4848 Shore Drive, Phone: 363-1635, represented one of the ten (10) deeded owners of the
nine single family homes, built approximately sixty (60) years ago.
Steve Hughes, 2216 North Oliver Drive, Phone: 460-4636, resident of North Oliver Drivefor the past
eleven (11) years. Five (5) singlefamily homes (including his home) still have no city water or
sewerage. Mr. Hughes statement is hereby made a part of the record.
Karen Lauderback, 4840 Shore Drive, Phone: 464-5597, one of the ten (10) property owners on the
proposed site of Lake Bradford Condominiums and resident since 1996. The street is isolated and self
contained.
Penny Smith, 2208 North Oliver Drive, resident for twenty-five (25) years. With no cul-du-sac,jire and
safety vehicles have trouble driving down her dead-end street.
The following registered in OPPOSITION:
Alan Rohanna, 4528 Lauderdale Avenue, Phone: 363-7622, Chesapeake Beach resident for ten (10)
years. This development will increase density of a community which has the highest density in the
City. Mr. Rohanna submitted a petition in OPPOSITION containing 606 signatures, which is herby
made a part of the record.
Steve Kohler, 4817 Lauderdale Avenue, Phone: 318-9290, President of Chesapeake Beach Civic League
Mark Walker, 2504 Chubb Lake Avenue, Phone: 464-3115, registered Architect and resident of
Chesapeake Beach since 1979. The project is not in compliance with the Urban Land Study, the Shore
Drive Corridor Plan nor the 2002 Comprehensive Plan.
Todd Solomon, 2260 First Landing Lane, Phone: 496-5733, represented the Shore Drive Community
Coalitiion and the Fort Story by the Sea Civic Association.
Leslie Cornwell, 4209 Bounty Road, Phone: 363-0350, resident of Baylake Pines and thirty-seven year
resident of the Bayfront Community. The proposed application is much taller than surrounding
condominiums.
Daphne Atkins, Vice President - Shore Drive Community Coalition and member of Shore Drive Safety
Task Force, 4492A Ocean View Avenue, Phone: 464-5011. Mrs. Atkins requested fundingfor safety
recommendations prior to any further applications on Shore Drive.
Bob Costello, 4909 Bradpointe Lane, Phone: 227-6728, current infrastructure does not safely support
the density on Shore Drive.
June 13, 2006
- 45 -
Item v,x. 5.
PLANNING
ITEM # 55329 (Continued)
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DENIED Ordinances
upon application of OCEAN PROPERTIES, L.L.C. for the discontinuance, closure and
abandonment of a portion of North Oliver Drive, Conditional Chanf!e of Zoninf! and a Conditonal
Use Permit:
Ordinance upon application of Ocean Properties, L.L. C. for the
discontinuance, closure and abandonment of North Oliver Drive,
beginning on the north side of Shore Drive and extending to its terminus
at Lake Bradford. DISTRICT 4 - BAYSIDE
ORDINANCE UPON APPLICATION OF OCEAN PROPERTIES, L.L.c.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-
IO (SD) TO CONDITIONAL B-4 (SD)
Application of Ocean Properties, L.L. C. for a Chanze of Zoning District
Classification from R-I0 (SD) Residential District to Conditional B-4
(SD) Mixed Use District on property located at 4856, 4840, 4848, 4832
Shore Drive and 2209, 2213, 2217, 2216, 2208 North Oliver Road
(GPINs 1479374693; 1479377611; 1479375680; 1479377588;
1479375753; 1479375863; 1479376912; 1479377850; 1479377750).
The Comprehensive Plan designates this site as being within the Primary
Residential Area - Shore Drive Corridor. The purpose of this rezoning
is to develop multi-family dwellings. DISTRICT 4 - BAYSIDE
AND,
ORDINANCE UPON APPLICATION OF OCEAN PROPERTIES, L.L.c.
FOR A CONDITIONAL USE PERMIT FOR MULTI-FAMILY
DWELLINGS
Application of Ocean Properties, L.L. C. for a Conditional Use Permit for
multi-family dwellings on property located at 4856, 4840, 4848, 4832
Shore Drive and 2209, 2213, 2217, 2216, 2208 North Oliver Road
(GPINs 14793746930000; 1479377611; 1479375680; 1479377588;
1479375753; 1479375863; 1479376912; 1479377850; 1479377750).
DISTRICT 4 - BAYSIDE
June 13, 2006
- 46-
Item v'K.5.
PLANNING ITEM # 55329 (Continued)
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf*, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
June 13, 2006
- 47-
Item V.N.l.
NEW BUSINESS
ITEM # 55330
Council Lady Wilson expressed concern re the DENIAL of the Ordinance upon application of ALCAR,
L.L.c., as the City Staff's Alternative 4 was never considered re deferring this item and requesting the
applicant return with a revised application limiting development to the 65-70 dB area. The applicant
should be given time to consult with the surrounding neighborhoods to address their concerns.
A MOTION was made by Council Lady Wilson, seconded by Councilman Maddox to SCHEDULE
RECONSIDERATION of the Ordinance upon application of ALCAR, L.L.C. for a ChanJ!e of ZoninJ!
District Classification from AG-1 and AG-2 to Conditional R-7.5 (DENIED)
BY CONSENSUS, SAID MOTION WAS WITHDRAWN
June 13, 2006
Item V-L.1.
- 48 -
APPOINTMENTS
ITEM # 55331
BY CONSENSUS, City Council RESCHEDULED:
BEACHES AND WATERWAYS COMMISSION
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
BUILDING CODE OF APPEALS - New Construction
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
MINORITY BUSINESS COUNCIL
OCEANA LAND USE CONFORMITY COMMITTEE
PARKS AND RECREATION COMMISSION
SPORTS AUTHORITY OF HAMPTON ROADS
June 13, 2006
- 49-
Item V-L.1.
APPOINTMENTS
ITEM # 55332
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Elliot C. Jones
Brad D. Martin
John M. Ryan
OV01/2006-06/30/2007
1- year term
Glenn Davis
Dr. Manuel Hipol
Matjorie J. Rawls
07/01/2006 - 06/30/2008
2- year term
Edwin K. Brown
Robert N. Melatti
Warren Sachs, DDS
07/01/2006 - 06/30/2009
3-year term
Beatriz Amberman
ThomasA.Fehon,J~
07/01/2006 - 06/30/2010
4- year term
ARTS AND HUMANITIES COMMISSION
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 2006
Item V-M.2.
APPOINTMENTS
- 50-
ITEM # 55333
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Voting: 11-0
Council Members Voting Aye:
Jeffrey W. Ainslie
William R. Almond
Todd Barnes
June Barrett-McDaniels
John Baum
Clay Bernick
Edward R. Bourdon
Hap Chalmers
Craig Cope
Andrew Fine
Ron Foresta
Barry Frankenfield
Susan French
Don Hassett
Al Henley
Bill Johnston
Tom Leahy
Wayne McCoy
William M acali
Charlie Meyer
John Olivieri
Council Member Peter W. Schmidt
Philip Shucet
Laurie Sorabella
Richard Whittemore
Council Member James L. Wood
OV01/2006-06/30/2007
1 year term
GREEN RIBBON COMMITTEE
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
June 13, 2006
- 51 -
Item V-O.
ADJOURNMENT
ITEM # 55334
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 11:46 P.M.
~___c2__~L~
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
uth Hodges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
June 13, 2006