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Home My WebLink AboutAPRIL 1, 2008 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville -District 1 ROBERT M. DYER, Centerville - District I BARBARA M HENLEY, Princess Anne — District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach —District 6 RON A. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY MANAGER -JAMES K SPORE VIRGINIA BEACH, VIRGINIA 23456-8005 CITY ATTORNEY - LESLIE L. LILLEY PHONE. -(757) 385-4303 CITY CLERK - RUTH HODGES FRASER, MMC FAX (757) 385-5669 E- MAIL: Crycncl@vbgov.com 1 APRIL 2008 I . CITY COUNCIL BRIEFING - Conference Room - 3:30 PM A. REAL ESTATE ASSESSMENT ANNUAL REPORT Jerald Banagan, Real Estate Assessor II. CITY COUNCIL LIAISON REPORTS 1111. CITY COUNCIL COMMENTS I IV. REVIEW OF AGENDA I V. INFORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION - Conference Room - 5:00 PM 11 VI. FORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf - Council Chamber - 6:00 PM B. INVOCATION: Reverend Steve Christenson Senior Chaplain, Virginia Beach Correctional Center C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS March 25, 2008 1. CONVEYANCE of EXCESS CITY -OWNED PROPERTY — First Court Road a. Joan C. Harper and Cleveland Forrest Martin 2. LEASE of CITY -OWNED PROPERTY — Farmer's Market a. Princess Anne County Grill, Inc. b. Linda K., William E. and Andrew D. Skipper (t/a Skipper Farms) C. Jesse B. Spry (t/a Holland Produce) d. Jesse B. Spry (t/a S & H Produce) I. J IN CONSENT AGENDA ORDINANCES 1. Ordinances to AUTHORIZE the City Manager to execute a leases for less than five (5) years (May 1, 2008 through April 30, 2011) at the FARMER'S MARKET: a. Princess Anne County Grill, Inc. — Space #26 b. Linda K., William E. and Andrew D. Skipper (t/a Skipper Farms) — Space #9 C. Jesse B. Spry (t/a Holland Produce) — Spaces #5 and #6 d. Jesse B. Spry (t/a S & H Produce) — Space #13 2. Ordinance to DECLARE City -owned land fronting First Court Road as excess property; and, AUTHORIZE the City Manager to convey the property to JOAN C. HARPER and CLEVELAND FORREST MARTIN. 3. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property known as Treasure Canal for DENNIS L. and BRENDA J. PHILLIPS to construct and maintain a proposed boatlift, piles, vinyl bulkhead, deck, floating dock and returns at 2249 Leeward Shore Court. DISTRICT 5 — LYNNHAVEN PLANNING 1. Application of NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC., for the Modification of Conditions on a Conditional Change of Zoning (approved by City Council on November 23, 1993) re childcare at 2244 General Booth Boulevard. DISTRICT 7 — PRINCESS ANNE APPLICANT REQUESTS RECOMMENDATION FEBRUARY 26, 2008 DEFERRAL TO MAY 6, 2008 DEFERRAL TO MAY 6, 2008 2. Ordinance to AMEND the Comprehensive Plan by incorporating the APZ-1/Clear Zone Master Plan as an appendix. RECOMMENDATION APPROVAL L. APPOINTMENTS BIKEWAYS AND TRAILS ADVISORY COMMISSION COMMITTEE re LATE PAYMENT OF REAL ESTATE TAXES HUMAN RIGHTS COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT PUBLIC COMMENTS Non -Agenda Items PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS April Workshop April 15 Workshop April 17 Public Hearing April 22 Workshop April 22 Public Hearing April 29 Workshop May 6 Reconciliation Workshop May 13 Adoption Council Conference Room 9 AM Council Conference Room 9 AM Green Run High School 6 PM Council Conference Room 9 AM Council Chamber 6 PM Council Conference Room 9 AM Council Conference Room 9 AM Council Chamber 6 PM CITY COUNCIL ONE -DAY RETREAT MAY 129 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23,2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 03/26/08 mb www.vbgov.com I. CITY COUNCIL BRIEFING - Conference Room - 3:30 PM A. REAL ESTATE ASSESSMENT ANNUAL REPORT Jerald Banagan, Real Estate Assessor II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION - Conference Room - 5:00 PM Y VI. FORMAL SESSION 0 ., C. CALL TO ORDER — Mayor Meyera E. Oberndorf - Council Chamber - 6:00 PM INVOCATION: Reverend Steve Christenson Senior Chaplain, Virginia Beach Correctional Center PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES I. INFORMAL and FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION March 25, 2008 arsolIttlott CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC HEARINGS CONVEYANCE of EXCESS CITY -OWNED PROPERTY — First Court Road a. Joan C. Harper and Cleveland Forrest Martin 2. LEASE of CITY -OWNED PROPERTY — Farmer's Market a. Princess Anne County Grill, Inc. b. Linda K., William E. and Andrew D. Skipper (t/a Skipper Farms) C. Jesse B. Spry (t/a Holland Produce) d. Jesse B. Spry (t/a S & H Produce) PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC' HEARING Tuesday, Apol 1, 2008, at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia on the proposed leasing of City wned Property for the following parcels. The purpose of this Hearing will be to obtain public comment regarding the proposed lease agreements of Cit"wriw property located at the Virginia Beach Farmers Market, as defined below: 1) Space # 26: Princess Anne Coumy Grill, Inc. 2) Space # 13: Jesse B. Spry (t/a S & H Produce)_ 3) Space # 9: Linda K Skipper, William E. Skipper & Andrew D. Skipper (t/a Skipper Farms) 4) Spaces # 5 & 6: Jesse B. Spry (t/a Holland Produce) Any questions concerning this matter should be directed to George Denice, Farmers Market Manager, by calling (757)385-4395. H you are physieaNy dbsWed or vlsudly I ipdred and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385 4303. (Ruth Hodges Fraser, MMC City Clerk Beacon March 23, 2008 18480528 z PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING Tueeft, Ap1U 1, 2008 at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia to consider the disposition and sale of excess city property. The property is an unimproved 21.33' x 123.35' strip of land fronting First Court Road (GPIN 1479.55.2286). The purpose of this Hearing will be to obtain public input to determine whether this property should be declared "Excess of the City's needs" and conveyed to Joan C. Harper and Cleveland Forrest Martin. If you are physically disabled or vI maW bapaked and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 4274303. Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at. the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757)427.4161. Ruth Hodges Fraser, MMC City Clerk Beacon March 23, 2008 18457228_. I. CONSENT AGENDA J. ORDINANCES 1. Ordinances to AUTHORIZE the City Manager to execute a leases for less than five (5) years (May 1, 2008 through April 30, 2011) at the FARMER'S MARKET: a. Princess Anne County Grill, Inc. — Space #26 b. Linda K., William E. and Andrew D. Skipper (t/a Skipper Farms) — Space #9 C. Jesse B. Spry (t/a Holland Produce) — Spaces #5 and #6 d. Jesse B. Spry (t/a S & H Produce) — Space # 13 2. Ordinance to DECLARE City -owned land fronting First Court Road as excess property; and, AUTHORIZE the City Manager to convey the property to JOAN C. HARPER and CLEVELAND FORREST MARTIN. 3. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property known as Treasure Canal for DENNIS L. and BRENDA J. PHILLIPS to construct and maintain a proposed boatlift, piles, vinyl bulkhead, deck, floating dock and returns at 2249 Leeward Shore Court. DISTRICT 5 — LYNNHAVEN J� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing The City Manager To Execute A Lease For Less Than Five Years With The Following Tenants For City -Owned Property in The Virginia Beach Farmer's Market In The City Of Virginia Beach, Virginia: 1. Princess Anne County Grill, Inc. For Farmer's Market Space #26 2. Linda K. Skipper, William E. Skipper and Andrew D. Skipper (t/a Skipper Farms) for Farmer's Market Space #9 3. Jesse B. Spry (t/a S&H Produce) for Farmer's Market Space #13 4. Jesse B. Spry (t/a Holland Produce ) For Farmer's Market Spaces # 5&6 MEETING DATE: April 1, 2008 ■ Background: The following parties are existing tenants at the Virginia Beach Farmer's Market and would like to continue to lease such spaces from the City of Virginia Beach (the "Citi'): o Princess Anne County Grill, Inc. for Farmer's Market Space #26 o Linda K. Skipper, William E. Skipper and Andrew D. Skipper (t/a Skipper Farms) for Farmer's Market Space #9 o Jesse B. Spry (t/a S&H Produce) for Farmer's Market Space #13 o Jesse B. Spry (t/a Holland Produce ) for Farmer's Market Spaces # 5&6 ■ Considerations: The term of each lease is (3) years (with two (2) options to extend for periods of one (1) year each for the Princess Anne County Grill, Inc. Lease ONLY), and each has a sixty-day (60) termination clause in the event the City needs the property prior to the termination of the lease. For more specific terms, see attached Summaries of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease Agreements as presented, change conditions of the Lease Agreements or deny leasing of these spaces. ■ Recommendation: Approval ■ Attachments: Summaries of Terms Ordinances Location Maps Recommended Action: Approval Submitting DepartmentlAge/nccy:�jD�epartment of Agricultur City Manager: /Av" D. �: t i V:\appheations\citylawprod\cycom32kWpdocs\M7\POOI \00019774. DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR LESS 3 THAN FIVE YEARS WITH PRINCESS ANNE 4 COUNTY GRILL, INC. FOR CITY -OWNED 5 PROPERTY KNOWN AS SPACE #26 IN THE 6 VIRGINIA BEACH FARMER'S MARKET IN THE 7 CITY OF VIRGINIA BEACH 8 9 WHEREAS, the City of Virginia Beach ("the City') is the owner of The Farmer's 10 Market located at the comer of Princess Anne Road and Dam Neck Road in Virginia 11 Beach, Virginia (the "Property'); 12 13 WHEREAS, Princess Anne County Grill, Inc. ("County Grill") would like to enter 14 into a new formal lease arrangement with the City for Space #26 in the Property (the 15 "Premises"); 16 17 WHEREAS, the Premises will be utilized as a restaurant and for the retail sale of 18 minor items of prepackaged food (i.e. candy, cookies, chewing gum) and for no other 19 purpose; 20 21 WHEREAS, County Grill has agreed to pay the City $840.00 per month 22 ($10,080.00 per year) for the use of the Premises for a three-year period; 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for a term of less 28 than five (5) years between Princess Anne County Grill, Inc. and the City, for the 29 Premises in accordance with the Summary of Terms attached hereto and such other 30 terms and conditions deemed necessary and sufficient by the City Manager and in a 31 form deemed satisfactory by the City Attorney. 32 Adopted by the Council of the City of Virginia Beach, Virginia on the day 33 of 52008. APPROVED AS TO LEGAL SUFFICIENCY AND FORM Signatu CA10560 V:\applicationsldtylawprod\cycom32\W pdocs\D013\P003\00051474.D0C R-1 March 24, 2008 APPROVED AS TO CONTENT 1z SigpnatureV Department SUMMARY OF TERMS LEASE FOR SPACE # 26 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Princess Anne County Grill, Inc. PREMISES: Space #26 TERM: 36 months: May 1, 2008 — April 30, 2011. Two (2) options to extend for twelve (12) months each. RENT: $840 per month ($10,080 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space as a restaurant and for the retail sale of minor items of prepackaged food (i.e. candy, cookies, chewing gum) and for no other purpose. • Maintain leased space. • Payment of all utilities (including electrical and telephone) serving the Premises EXCEPT FOR water and sewer. • Purchase commercial general liability insurance and workers' compensation insurance. • Keep Premises open from 8:00 AM to 4:00 PM every day (excepting Thanksgiving, Christmas and New Year's Day), and from 4:00 PM to 10:00 PM on Friday evenings when hoedowns or other special events are being held. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Repair and replace heating and air conditioning systems and/or heat pump. • Repair and maintain electrical and plumbing services (including grease traps). • Pay for water and sewer. TERMINATION: • After one year, either party may terminate by providing the other party sixty (60) days' notice. • City also has special right to terminate if necessary for public purpose by giving sixty (60) days' written notice. C�t1Ce`s �me- \ O oa�,:O"' t 3d� iDOCU AItgip ZU5$ vIr Gtit4�� c�S K 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR LESS 3 THAN FIVE YEARS WITH LINDA K. SKIPPER, 4 WILLIAM E. SKIPPER AND ANDREW D. SKIPPER 5 (COLLECTIVELY T/A SKIPPER FARMS) FOR CITY - 6 OWNED PROPERTY KNOWN AS SPACE #9 IN THE 7 VIRGINIA BEACH FARMER'S MARKET IN THE 8 CITY OF VIRGINIA BEACH 9 10 WHEREAS, the City of Virginia Beach ("the City") is the owner of The Farmer's 11 Market located at the comer of Princess Anne Road and Dam Neck Road in Virginia 12 Beach, Virginia (the "Property'); 13 14 WHEREAS, Linda K. Skipper, William E. Skipper and Andrew D. Skipper 15 (collectively t/a Skipper Farms) ("Skipper Farms") would like to enter into a new formal 16 lease arrangement with the City for Space #9 in the Property (the "Premises"); 17 18 WHEREAS, the Premises will be utilized as a retail establishment of produce 19 and related items and for no other purpose; 20 21 WHEREAS, Skipper Farms has agreed to pay the City $468.00 per month 22 ($5,616.00 per year) for the use of the Premises for a three-year period; 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for a term of less 28 than five (5) years between Linda K. Skipper, William E. Skipper and Andrew D. Skipper 29 (collectively t/a Skipper Farms) and the City, for the Premises in accordance with the 30 Summary of Terms attached hereto and such other terms and conditions deemed 31 necessary and sufficient by the City Manager and in a form deemed satisfactory by the 32 City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the , 2008. APPROVED AS TO LEGAL SUFFICIENCY AND FORM kkw= Signatur CA10561 V :\appli cations\citylawprod\cycom32\ W pdocs\D0l 4\PW3\00051579. DOC R-1 March 24, 2008 APPROVED AS TO CONTENT Signature A Department day of SUMMARY OF TERMS LEASE FOR SPACE #9 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: LINDA K. SKIPPER, WILLIAM E. SKIPPER and ANDREW D. SKIPPER (t/a Skipper Farms) PREMISES: Space #9 TERM: 36 months: May 1, 2008 — April 30, 2011 RENT: $468 per month ($5,616 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the retail sale of produce and related items only and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase commercial general liability insurance. • Keep Premises open from 10:00 a.m. to 5:00 p.m. Monday, Tuesday, and Thursday through Saturday, and from 12:00 p.m. until 5:00 p.m. on Sundays (closed Wednesdays). Lessee is not required to open during months of January through April. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water and sewer. • Provide electrical service unless Lessee has its own account with Dominion Power. TERMINATION: • After 18 months, either party may terminate by providing the other party sixty (60) days' notice. • City also has special right to terminate if necessary for public purpose by giving sixty (60) days' written notice. \\vbgov.com\dts1 \applications\citylawprod\cycom32\Wpdocs\D021 \P003\00052134.DOC u VIRGO" S p� NgCg SU ��-- 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR LESS 3 THAN FIVE YEARS WITH JESSE B. SPRY (T/A S & 4 H PRODUCE) FOR CITY -OWNED PROPERTY 5 KNOWN AS SPACE #13 IN THE VIRGINIA BEACH 6 FARMER'S MARKET IN THE CITY OF VIRGINIA 7 BEACH 8 9 WHEREAS, the City of Virginia Beach ("the Citi') is the owner of The Farmer's 10 Market located at the corner of Princess Anne Road and Dam Neck Road in Virginia 11 Beach, Virginia (the "Property'); 12 13 WHEREAS, Jesse B. Spry (t/a S & H Produce) ("S & H Produce") would like to 14 enter into a new formal lease arrangement with the City for Space #13 in the Property 15 (the "Premises"); 16 17 WHEREAS, the Premises will be utilized as a retail establishment of produce 18 and for no other purpose; 19 20 WHEREAS, S & H Produce has agreed to pay the City $468.00 per month 21 ($5,616.00 per year) for the use of the Premises for a three-year period; 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of less 27 than five (5) years between Jesse B. Spry (t/a S & H Produce) and the City, for the 28 Premises in accordance with the Summary of Terms attached hereto and such other 29 terms and conditions deemed necessary and sufficient by the City Manager and in a 30 form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the , 2008. APPROVED AS TO LEGAL SUFFICIENCY AND FORM n Signature] CA10563 V:\applications\citylawprod\cycom32\Wpdocs\D014\ M3\00051583. DOC R-1 March 24, 2008 APPROVED AS TO CONTENT ),A Signatu e Department day of SUMMARY OF TERMS LEASE FOR SPACE #13 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: JESSE B. SPRY (t/a S&H Produce) PREMISES: Space #13 TERM: 36 months: May 1, 2008 — April 30, 2011 RENT: $468 per month ($5,616 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the retail sale of produce only and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. Payment of all assessed fees. Purchase commercial general liability insurance . • Keep Premises open from 10:00 a.m. to 5:00 p.m. Monday, Wednesday through Saturday and from 12:00 p.m. until 5:00 p.m. on Sundays (closed Tuesdays). Lessee is not required to open during months of January through April. RIGHTS AND RESPONSIBILITIES OF CITY: Maintain common areas of the Property and structural elements of the Premises. Provide water and sewer. • Provide electrical service unless Lessee has its own account with Dominion Power. TERMINATION: • After 18 months, either party may terminate by providing the other party sixty (60) days' notice. • City also has special right to terminate if necessary for public purpose by giving sixty (60) days' written notice. \\vbgov. com\dfsl \appl ications\citylawprod\cyoom32\W pdocs\D021 \P003\00052134. DOC tAm 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR LESS 3 THAN FIVE YEARS WITH JESSE B. SPRY (T/A 4 HOLLAND PRODUCE) FOR CITY -OWNED 5 PROPERTY KNOWN AS SPACES #5 AND #6 IN 6 THE VIRGINIA BEACH FARMER'S MARKET IN THE 7 CITY OF VIRGINIA BEACH 8 9 WHEREAS, the City of Virginia Beach ("the City") is the owner of The Farmer's 10 Market located at the comer of Princess Anne Road and Dam Neck Road in Virginia 11 Beach, Virginia (the "Property"); 12 13 WHEREAS, Jesse B. Spry (t/a Holland Produce) ("Holland Produce") would like 14 to enter into a new formal lease arrangement with the City for Spaces #5 and #6 in the 15 Property (the "Premises"); 16 17 WHEREAS, the Premises will be utilized as a retail establishment of produce 18 and for no other purpose; 19 20 WHEREAS, Holland Produce has agreed to pay the City $468.00 per month 21 ($5,616.00 per year) for the use of the Premises for a three-year period; 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of less 27 than five (5) years between Jesse B. Spry (t/a Holland Produce) and the City, for the 28 Premises in accordance with the Summary of Terms attached hereto and such other 29 terms and conditions deemed necessary and sufficient by the City Manager and in a 30 form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the , 2008. APPROVED AS TO LEGAL SUFFICIENCY AND FORM it 00 4111 u 91F CAI 0562 V:\applications\citylawprod\cycom32\ Wpdocs\D014\P003\00051582. DOC R-1 March 24, 2008 APPROVED AS TO CONTENT 6j.: �Qw Signatur Department day of SUMMARY OF TERMS LEASE FOR SPACES #5 AND #6 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: JESSE B. SPRY (t/a Holland Produce) PREMISES: Spaces #5 and #6 TERM: 36 months: May 1, 2008 —April 30, 2011 RENT: $468 per month ($5,616 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the retail sale of produce only and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase commercial general liability insurance. • Keep Premises open from 10:00 a.m. to 5:00 p.m. Monday, Wednesday through Saturday and from 12:00 p.m. until 5:00 p.m. on Sundays (closed Tuesdays). Lessee is not required to open during months of January through April. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water and sewer. • Provide electrical service unless Lessee has its own account with Dominion Power. TERMINATION: • After 18 months, either party may terminate by providing the other party sixty (60) days' notice. • City also has special right to terminate if necessary for public purpose by giving sixty (60) days' written notice. \\vbgov.com\dfs1 \applications\citylawprod\cycom32\Wpdocs\D021 \P003\00052134. DOC r 3640 PAN � DRQ ,l�,A 8� '., R F:2§71 -*Mjj' rl� 0 Sir 7 � � . < 35> 71 I N .7-4 I cl 0 IL r% 0 6 (z i IL w IL I- V) 00 : N C-4 z LU LL 0 LL, _5 0 Z oz z 0 Ix jL Q) IUL QJ W w W W IL 7 0 w -Lj CL N .7-4 I u•a� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Conveyance of Excess City Property — Being an unimproved 21.33'x 123.35' Strip of Land Fronting First Court Road (GPIN 1479-55-2286) MEETING DATE: April 1, 2008 ■ Background: In 1970 Edwin B. Lindsley, Jr. ("Lindsley") conveyed to the City, by deed of gift, an unimproved 21.33' by 123.35' strip of land (the "strip") fronting on First Court Road in Virginia Beach. The strip is now the subject of a pending suit to quiet title filed by Cleveland F. Martin and Joan C. Harper ("Martin and Harper") against Lindsley and the City. Martin and Harper allege that their uncle (their predecessor in title) acquired the strip in 1965 when he acquired the adjoining parcel (GPIN 1479-55-3233). They allege that their uncle maintained and paid taxes on the strip since 1965. Tax records confirm that GPIN 1479-55-3233 is being assessed as a 71.5' x 100' parcel and not as the 50'x 100' parcel the uncle actually acquired. Martin and Harper have requested that the City convey the strip to them, and in return, they will dismiss the suit. ■ Considerations: The Excess City Owned Real Property Committee reviewed the request to convey and recommended that the strip be declared excess by City Council and conveyed to Martin and Harper. The City only recently learned that it owned the strip, and the strip has never been put to a public use. City staff has not identified any future public use for the strip. ■ Public information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ■ Alternatives: Convey the strip or retain ownership of the strip. ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the property subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be satisfactory to the City Council. ■ Attachments: Ordinance, Location Map, Summary of Terms, and Quitclaim Deed Recommended Action: Approval of the ordinance Submitting Department/Agency: Public ks/Real Estate kXD iND City Manager: "IAVa '(. Z)l.(/ ya4l� X:\Projects\CITY PROPERTY\ 1479-5 5-2286 (220)\Agenda.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AN ORDINANCE DECLARING CERTAIN UNIMPROVED PROPERTY FRONTING FIRST COURT ROAD (GPIN 1479-55-2286) AS EXCESS OF THE CITY'S NEEDS AND AUTHORIZING THE CITY MANAGER TO CONVEY SAME TO JOAN C. HARPER AND CLEVELAND FORREST MARTIN WHEREAS, by Deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1187, page 684, the City of Virginia Beach acquired title in and to the real property described in Exhibit A attached hereto; and WHEREAS, the City Council is of the opinion that the property is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the property described in the attached Exhibit A is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to execute the attached Quitclaim Deed and convey the property to Joan C. Harper and Cleveland Forrest Martin. That the excess property shall be conveyed in accordance with the attached Summary of Terms marked as Exhibit B, and such other terms, conditions or modifications as may be satisfactory to the City Manager and the City Attorney. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2008. CA -10554 V:\applications\citylawprod\cycom32\Wpdocs\DO29\PO03\00050516. DOC R-1 PREPARED: 03/04/08 APPROVED AS TO CONTENT C. �Y� I - P /Real Estate APPROVED AS TO LEGAL SUFFICIENCY 44�vv City Attorney's Office EXHIBIT A ALL that certain lot or parcel of land situate on the North side of First Court Road (formerly Garrison Road or Old Ocean Park Road) in Bayside Borough in the City of Virginia Beach, Virginia, and more particularly bounded and described as follows: BEGINNING at a point in the North boundary line of First Court Road (formerly Garrison Road or Old Ocean Park Road), which point is North 86 degrees 09 minutes West 150 feet from the eastern boundary line of the property of Chester Williams as described in Deed Book 329 at pages 216, 217 and 218, which deed is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and from said point of beginning running thence North 86 degrees 09 minutes West, along the North boundary line of the aforesaid First Court Road, 21.33 feet to a point in the said North boundary line of First Court Road, which point is also in the east boundary line of property now or formerly belonging to Cordelia Walton; thence turning and running North 1 degree 31 minutes West, along the east boundary line of the property now or formerly belonging to Cordelia Walton, 123.35 feet, more or less, to a point, which point is in the east boundary of the property now or formerly belonging to Cordelia Walton and also in the south boundary line of property now or formerly belonging to C. Roger Malbon; thence turning and running South 86 degrees 09 minutes East, along the south boundary line of property now or formerly belonging to C. Roger Malbon 21.33 feet to a point the west boundary line of property now or formerly belonging to Elizabeth Cornick Kelley; thence turning and running South 1 degree 31 minutes East, along the West boundary line of the property now or formerly belonging to Elizabeth Cornick Kelley, 123.35 feet, more or less, to a point in the North boundary line of First Court Road aforesaid, which point is also the point and place of beginning. EXHIBIT B SUMMARY OF TERMS CONVEYANCE OF EXCESS PROPERTY FRONTING FIRST COURT ROAD SELLER: City of Virginia Beach PURCHASER: Joan C. Harper and Cleveland Forrest Martin PROPERTY: An unimproved 21.33' x 123.35' strip of land fronting First Court Road (GPIN 1479-55-2286) LEGAL DESCRIPTION: See Attached Exhibit A SALE PRICE: $0.00, if conditions below are met CONDITIONS OF SALE • Dismissal with prejudice of pending litigation. • The Buyer shall resubdivide the property to vacate interior lot lines and submit a site plan for review and approval by the Planning Department prior to any development of the property. XAProjects\CITY PROPERTY\ 1479-5 5-2286 (220)\Terms.doc THIS INSTRUMENT PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(C)(5) THIS DEED OF QUITCLAIM is made this day of , 2008, by and between CITY OF VIRGNIIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantor") and JOAN C. HARPER and CLEVELAND FORREST MARTIN, (the "Grantee"), whose address is 4720 Hook Lane, Virginia Beach, Virginia 23455. WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby releases, and forever QUITCLAIMS unto the Grantee all its right and interest, if any, in the following described property: ALL that certain lot or parcel of land situate on the North side of First Court Road (formerly Garrison Road or Old Ocean Park Road) in Bayside Borough in the City of Virginia Beach, Virginia, and more particularly bounded and described as follows: BEGINNING at a point in the North boundary line of First Court Road (formerly Garrison Road or Old Ocean Park Road), which point is North 86 degrees 09 minutes West 150 feet from the eastern boundary line of the property of Chester Williams as described in Deed Book 329 at pages 216, 217 and 218, which deed is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and from said point of beginning running thence North 86 degrees 09 minutes West, along the North boundary line of the aforesaid First Court Road, 21.33 feet to a point in the said North boundary line of First Court Road, which point is also in the east boundary line of property now or formerly belonging to Cordelia Walton; thence turning and running North 1 degree 31 minutes West, along the east boundary line of the property now or formerly belonging to GPIN: 1479-55-2286 Cordelia Walton, 123.35 feet, more or less, to a point, which point is in the east boundary of the property now or formerly belonging to Cordelia Walton and also in the south boundary line of property now or formerly belonging to C. Roger Malbon; thence turning and running South 86 degrees 09 minutes East, along the south boundary line of property now or formerly belonging to C. Roger Malbon 21.33 feet to a point the west boundary line of property now or formerly belonging to Elizabeth Cornick Kelley; thence turning and running South 1 degree 31 minutes East, along the West boundary line of the property now or formerly belonging to Elizabeth Cornick Kelley, 123.35 feet, more or less, to a point in the North boundary line of First Court Road aforesaid, which point is also the point and place of beginning. IT BEING a part of the same property conveyed to the City of Virginia Beach by deed from Edwin B. Lindsley, Jr., dated December 26, 1970, and recorded in Deed Book 1187, at page 684 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. The herein described property is not a separate building site. The future development of the property is conditioned upon it being resubdivided into the adjoining parcel(s) and that internal lot line(s) are vacated in such a way as to comply with all applicable City ordinances. This conveyance is made subject to conditions, restrictions, easements, and reservations of record in the chain of title, if any, constituting constructive notice thereof. WITNESS the following signatures and seals: [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 2 CITY OF VIRGINIA BEACH BY: City Manager/Authorized Designee of City Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2008, by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, on its behalf. Notary Public My commission expires: My registration number: (SEAL) ATTEST: Ruth Hodges Fraser, City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2008, by Ruth Hodges Fraser, City Clerk of the City of Virginia Beach, on its behalf. Notary Public My commission expires: My registration number: Approved As To Content Approved As To Form Real Estate Law Department V:\applications\citylawprod\cycom32\Wpdocs\D005\P003\00050764.DOC Oyu s� 4= Yy ji CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into Treasure Canal, a portion of City property located at the rear of 2249 Leeward Shore Court, by Dennis L. and Brenda J. Phillips. MEETING DATE: April 1, 2008 ■ Background: Mr. and Mrs. Dennis Phillips have requested permission to construct and maintain a proposed boatlift, piles, vinyl bulkhead, deck, floating dock, and returns upon a portion of the City's property known as Treasure Canal, located at the rear of 2249 Leeward Shore Court. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Treasure Canal, which is where Mr. and Mrs. Phillips have requested to encroach. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15 -foot -wide vegetated riparian buffer area consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline, with the exception of the area on the easternmost portion of the shoreline where the applicant currently has a gravel surfaced area with plantings. These plantings and buffer adjoining the applicant's property is feasible and warranted to help reduce long-term water quality impacts associated with the existing and proposed encroachments. The applicant has submitted a plan for establishing a 15 -foot -wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. ■ Public Information: Advertisement of City Council Agenda Dennis L. and Brenda J. Phillips Encroachment Meeting Date: April 1, 2008 Page 2 ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: blic Wor Real EsW6 J Ck City Manager: ACV. 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO TREASURE CANAL, A PORTION 6 OF CITY PROPERTY LOCATED AT 7 THE REAR OF 2249 LEEWARD 8 SHORE COURT BY DENNIS L. AND 9 BRENDA J. PHILLIPS. 10 11 WHEREAS, Dennis L. and Brenda J. Phillips desire to construct and maintain a 12 boatlift, piles, vinyl bulkhead, deck, floating dock, and returns upon a portion of the 13 City's property known as Treasure Canal, located at the rear of 2249 Leeward Shore 14 Court, in the City of Virginia Beach, Virginia. 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Dennis L. and Brenda J. 25 Phillips, their heirs, assigns and successors in title are authorized to construct and 26 maintain the temporary encroachments for a boatlift, piles, vinyl bulkhead, deck, floating 27 dock, and returns, upon the City's property as shown on the map marked Exhibit A and 28 entitled: ENCROACHMENT EXHIBIT A FOR SCALE: 1"= 40' DENNIS PHILLIPS 2249 29 LEEWARD SHORE COURT VIRGINIA BEACH, VA 23451 GPIN: 2409-19-2683," a 30 copy of which is on file in the Department of Public Works and to which reference is 31 made for a more particular description; and 32 33 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 34 subject to those terms, conditions and criteria contained in the Agreement between the 35 City of Virginia Beach and Dennis L. and Brenda J. Phillips (the "Agreement"), which is 36 attached hereto and incorporated by reference; and 37 38 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 39 is hereby authorized to execute the Agreement; and 40 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 42 time as Dennis L. and Brenda J. Phillips and the City Manager or his authorized 43 designee execute the Agreement. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on 46 the day of , 2008. CA -10559 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA10559 Phillips Ordinance.doc V \applications\citylawprod\ycom32\W pdocs\D029\P003\00050532.DOC R-1 PREPARED: 02/29/2008 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SU FICIENCY AND FORM &0\.S a-;, La �uj P BIC WORKS, REAL ESTAT CI TTORNEY PREPARED BY VIRGINIA BEACH CITY ATT'ORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 17th day of March, 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DENNIS L. and BRENDA J. PHILLIPS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 213" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA LYNNHAVEN MAGISTERIAL DISTRICT," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15A, and being further designated, known, and described as 2249 Leeward Shore Court, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a boatlift, piles, vinyl bulkhead, deck, floating dock, and returns, collectively, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: 2409-19-2683 No GPIN Assigned (Treasure Canal) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property located at the rear of 2249 Leeward Shore Court known as Treasure Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT EXHIBIT A FOR DENNIS PHILLIPS SCALE: 1" = 40'2249 LEEWARD SHORE COURT VIRGINIA BEACH, VA 23451 GPIN: 2409-19-2683," a copy of which is attached hereto as ENCROACHMENT EXHIBIT A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 0) 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 construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Planning Department prior to commencing any construction (the "Permit") It is further expressly understood and agreed that the Grantee must establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline with the exception of the area on the easternmost portion of the shoreline where the applicant 3 currently has a gravel surfaced area, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August so that it has the greatest likelihood of survivability. Prior to the issuance of a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to ensure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed El 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, Dennis L. and Brenda J. Phillips, the said Grantee, have 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. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2008, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, On its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2008, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: I Notary Public (SEAL) La,41AZ Dennis L. Phillips owwo, Wmev.2 0 STATE OFGIN A CITY/CO TY OF , to -wit: The foregoing instrument was acknowledged before me this day of 14� 2008; by Dennis L. and Brenda J. Phillips. Notary Registration Number: 281739 otaty PubIIC My Commission Expires: August 31, 2011 SM 41. MAIM 11o/Mv vdift Ift Ce awM o 41 C" W inane APPROVED AS TO CONTENTS C. GSL SIGNATURE Public Works -Real Estate DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM GAUSERMSHAREMP80111E1Real Estate Forms\WORD DOCSIENCROACHMENTSIENCROACHMENT.AGREEMENT.doc 7 MAP BOOK #48 PG. 15 DEDICATED CANALS TO PRINCESS ANNE COUNTY10TY OF VS --..NL rLvwy fill-jamm'- EXISTING BOATLIFrT TO BE PLACED MM AM NILW ON WIN Pum MES DRNEN TO AT BUM*"' !F 50% PENEIRATM PROPOSED 222LDIIEAR VE AW F= I OF VWYL emorm RESET Vx 16v PROPOSED 8x20' FLOATING DOCK PROPOSED T RETURN EXISTING DOCK LOCATM TO BE 2' BACK PROPOSED/ / ON7'O LAND REMOVED 4 ti RIPARIAN 1, BUFFER / 107'! *A is, I PROPOSED if 'I Ir RETURN 3r 79' 70' —Val rl IDA ID EXISTING GRAVEL I -F X� PIN ACHARD'T. BAMTEM No. 18335 1 1 . 4e , p 0 APO -7 or 1c, cle'514 NQ; c -w- s be V1-- vvint-5 v4✓, 'k, brw* *= :,wv anN vn,14t'grv;m:� etir,+ftn t, ioeiitllni men" ""w"waw"m I 1 PURPOSE. PREVENT;ROSION ENCROCHMENT EXHIBIT A IN: TREASURE CANAL FOR ;DATUM: MLW 0.00' SCALE: 1"=40' IAT: BAY ISLAND DENNIS PHILLIPS )*CITY: VIRGINIA BEACH ADJACENT PROPOERTY OWNERS 2249 LEEWARD SHORE COURT ISTATE: VIRGINIA 1) MAUNIE VIRGINIA BEACH. VA 23451 12) TRASK GPIN.- 2409-19-2683 4DATE: io 0 7 SHEET NO. I OF I .?-:77�777W�Z-f AD —All I—Z r,F7115T77s P757 J t--, , 177-777 1 l.. yrs �,�' Nf ; _ a. •/ � *� � j •' ` .}S/� Northwest corner with pea gravel and I plantings in the 15' buffer area. A s .nl �. `vim. '��• _;r A K. PLANNING 1. Application of NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC., for the Modi rcation of Conditions on a Conditional Change of Zoning (approved by City Council on November 23, 1993) re childcare at 2244 General Booth Boulevard. DISTRICT 7 — PRINCESS ANNE DEFERRED APPLICANT REQUESTS RECOMMENDATION FEBRUARY 26, 2008 DEFERRAL TO MAY 6, 2008 DEFERRAL TO MAY 6, 2008 2. Ordinance to AMEND the Comprehensive PIan by incorporating the APZ-1/Clear Zone Master Plan as an appendix. RECOMMENDATION APPROVAL ami NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, AAAI 1, 2008, at 6:00 p.m. The following applications will be heard: DISTRICT 7 - PRINCESS ANNE Nimmo Child Care & Resource Leaming Center, Inc. Application: Modification of Conditions for a request approved by City Council on November 23, 1993 (Donald G. Pratt) at 2244 General Booth Boulevard (GPiN 2414066572). AICUZ is 6570 dB Ldn. I . Ordinance to amend the Comprehensive Plan by incorporating the APZ•1/Ciear Zone Master Plan by reference. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htta://www.vbeov.cominc For information call If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303. Beacon Mar. 23, 2008 18460694 FINE, FINE, LEGUM & MCCI3ACKEN, LLP MORRIS H. FINE ATTORNEYS AT LAW LOUIS B. FINE (1904-1998) M. MICHELLE P McCRACKEN PAVILION CENTER HOWARD I. LEGUM (1922-1995 GREGORY R. McCRACKEN 2101 PARKS tiVENUE, SUITE 601 VIRGINIA BEACH, VIRGINIA 23451 TELEPHONE (757) 422-1678 FACSIMILE (757) 422-0865 March 5. 2008 f VIA TELECOPIER NO. 385-5626 Mr. James K. Spore Virginia Beach City Manager - ---- - Municipal Center, Building 1 2401 Courthouse Drive, Suite 234 Virginia Beach, Virginia 23456 Re: Nimmo Child Care Center & Resource Learning Center, Inc. Dear Mr. Spore: The above matter was scheduled before the City Council on Febniary 26, 2008 and was deferred. Request is made that the matter be heard on April 1, 2008. It is my understanding that the staff has worked with my client and resolved the issues that were addressed by the City Council. Yours very truly, MORRIS H. FINE MHF:aak cc: Ms. Karen Procillo Mr. Donald Pratt Mar. 24. 2008 3:34PM FAE FINt LtUUM & Mt, KAtNtlV luu. rt�r� FINE, FINE, LEOTJM & MCCnACxEN, LLP MORRIS H. FINE M. MICHELLE P. McCRACKEN GRSGORY R. MCCRACKEN ATTORNEYS AT LAW PAVILION CENTER 21o1 PABss AVENUE, SUITE 601 VIRGINIA BEACH, VIRGINIA 2S451 TELEPHONE (757) 422-1678 FACSIMILE (787) 422-0865 March 24, 2008 VIA TE%ECOPIER NO. 385-5669 Mrs. Ruth Hodges Fraser City Clerk, City of Virginia Beach. Municipal Center Virginia Beach, Virginia 23456 Re: Nimmo Child Care and Resource Center Conditional Use Permit Application April 1, 2008 Dear Mrs. Hodges: LOUIS S. FINE (1904-1998) HOWARD I. LAGUM (1922-1993) On behalf of the applicant. I would request a deferral to either April 22, 2008 or April 29, 2008, whichever is convenient with the City Council. If there are any costs, I would be happy to reimburse the City for the deferral costs. A copy of this letter is being sent to Jack Whitney, Director of Planning and Karen Procillo, City Planning Staff. Yours very truly, MORRIS H. FINE MHF:aak cc: Mr. Jack Whitney, Director of Planning - Via Telecopier No. 385-5667 Ms. Karen Prochilo - Via Telecopier No. 385-5667 Mr. Donald G. Pratt Ms. Ann Kaplan I I I Mao�rdSt K-41 scale Himmo Childcare & Resource Learning Ceretec Modification of Proffers CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Nimmo ChildCare & Resource Learning Center, Inc. for the Modification of Conditions for a request approved by City Council on November 23, 1993 (Donald G. Pratt). Property is located at 2244 General Booth Boulevard (GPIN 2414066572). DISTRICT 7 — PRINCESS ANNE. MEETING DATE: April 1, 2008 ■ Background: The City Council deferred this item on February 26, 2008 to allow the applicant an opportunity to gather additional information in response to issues raised by City Council. The applicant provided an information packet to City Council as part of the City Council agenda package delivered on Friday, March 21. ■ Considerations: The applicant is requesting a further deferral of this application to City Council's May 6 meeting. ■ Recommendations: Deferral to the May 6 meeting. ■ Attachments: Location Map Recommended Action: Deferral to the May 6 City Council meeting. Submitting Department/Agency: Planning Department City Manager: aet/,�G CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to amend the Comprehensive Plan by incorporating the APZ- 1/Clear Zone Master Plan by reference. MEETING DATE: April 1, 2008 ■ Background: In late 2007, the Oceana Land Use Conformity Committee (OLUCC) directed staff to prepare an Accident Potential Zone -1 (APZ-1) / Clear Zone Master Plan. The goal is to reinforce the integrity of the area's established neighborhoods affected by these zones while ensuring that the way land is used is compatible with the Navy's OPNAV (AICUZ) Instructions and the BRAC requirements for keeping NAS Oceana as the East Coast master jet base. ■ Considerations: The proposed APZ-1 / Clear Zone Master Plan provides policy guidance in the areas of general land use planning and community design for properties located within the Accident Potential Zone 1 and Clear Zones around NAS Oceana. The master plan's land use policies address overarching and topic specific planning principles relating to residential, commercial, open space and transportation issues. Accompanying maps describe where such uses are deemed compatible with the City's AICUZ provisions. The plan also includes 'infill development' and 'community design' guidelines. An appendix includes information on relevant definitions, timelines, a list of incentives created to attract compatible uses to the APZ-1 zone. It also shows how to access a variety of online support documents that will help users of the plan better understand other related policies and ordinances. On October 18, 2007, the City hosted an advertised public open house at the Virginia Beach Convention Center where citizens were given the opportunity to present their ideas on the development of this master plan. The draft policies, guidelines and related maps prepared for the master plan were presented at another advertised public meeting held at the Convention Center on November 8th. The Oceana Land Use Conformity Committee received the draft master plan on December 10 and reviewed it at its January 7 session. On February 11, the Committee endorsed a revised version of the master plan and reaffirmed that it CITY OF VIRGINIA BEACH — APZ-1/CZ MASTER PLAN Page 2 of 2 should move forward in the process to be incorporated as part of the City's Comprehensive Plan. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to recommend approval of this amendment. ■ Attachments: Staff Review Ordinance Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: A, Qa U- D "- C)9m-.O- 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN BY INCORPORATING THE APZ-1/CLEAR ZONE 3 MASTER PLAN AS AN APPENDIX 4 5 WHEREAS, the public necessity, convenience, general welfare and good zoning 6 practice so require; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 12 amended and reordained by the addition of that certain document entitled "APZ-1/CZ 13 Master Plan, Final Draft February 2008" as an Appendix. Such document is made a 14 part hereof, having been exhibited to City Council and on file in the Department of 15 Planning. 16 17 COMMENT 18 19 The ordinance amends the Comprehensive Plan by incorporating the master plan for the 20 APZ-1/Clear Zone areas, which provides general land use policy guidance regarding the future use 21 of property in these areas. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on this 24 day of , 2008. CA -10674 R-3 March 26, 2008 APPRQVED k4S TO CONTENT Planning pepartment APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CITY OF VIRGINIA BEACH AMENDMENT TO THE COMPREHENSIVE PLAN: APZ-1/CLEAR ZONE Agenda Item 13 March 12, 2008 Public Hearing REQUEST: An Ordinance to amend the Comprehensive Plan by incorporating the APZ-1/Clear Zone Master Plan by reference. SUMMARY OF AMENDMENT In late 2007, the Oceana Land Use Conformity Committee (OLUCC) directed staff to prepare an Accident Potential Zone -1 (APZ-1) / Clear Zone Master Plan. The goal is to reinforce the integrity of the area's established neighborhoods affected by these zones while ensuring that the way land is used is compatible with the Navy's OPNAV (AICUZ) Instructions and the BRAC requirements for keeping NAS Oceana as the East Coast master jet base. The proposed APZ-1 / Clear Zone Master Plan provides policy guidance in the areas of general land use planning and community design for properties located within the Accident Potential Zone 1 and Clear Zones around NAS Oceana. The master plan's land use policies address overarching and topic specific planning principles relating to residential, commercial, open space and transportation issues. Accompanying maps describe where such uses are deemed compatible with the City's AICUZ provisions. The plan also includes 'infill development' and 'community design' guidelines. An appendix includes information on relevant definitions, timelines, a list of incentives created to attract compatible uses to the APZ-1 zone. It also shows how to access a variety of online support documents that will help users of the plan better understand other related policies and ordinances. On October 18, 2007, the City hosted an advertised public open house at the Virginia Beach Convention Center where citizens were given the opportunity to present their ideas on the development of this master plan. The draft policies, guidelines and related maps prepared for the master plan were presented at another advertised public meeting held at the Convention Center on November 8th. The Oceana Land Use Conformity Committee received the draft master plan on December 10 and reviewed it at its January 7 session. On February 11, the Committee endorsed a revised version of the master plan and reaffirmed that it should move forward in the process to be incorporated as part of the City's Comprehensive Plan. CITY OF VIRGINIA BEACH Agenda Item 13 Page 1 RECOMMENDATION Staff recommends approval of the incorporation, by reference, of the APZ-1 / Clear Zone Master Plan as a component of the Comprehensive Plan. The Master Plan will reinforce the integrity of the area's established neighborhoods affected by these zones while ensuring that the way land is used is compatible with the Navy's OPNAV (AICUZ) Instructions and the BRAC requirements for keeping NAS Oceana as the East Coast master jet base. CITY OF VIRGINIA BEACH Agenda Item 13 Page 2 Item #13 City of Virginia Beach An Ordinance to amend the Comprehensive Plan by incorporating The APZ-1/Clear Zone Master Plan by reference March 12, 2008 REGULAR Donald Horsley: The next item is item 13, the City of Virginia Beach, an ordinance to amend the Comprehensive Plan by incorporating the APZ1/Clear Zone Master Plan by reference. Mr. Pauls. Tom Pauls. Thank you Mr. Horsley. Madame Chair, Commission members, I am pleased to be here today. I want to walk you through a little of the process that we went through to get this Master Plan where it is today, and then, talk a little bit about the plan itself. I'll be brief in this presentation. This originated back in August 2007, when the Oceana Land Use Conformity Committee directed the staff to prepare a Master Plan for the APZ-1/Clear Zone areas. The purpose of this plan is to outline in very general terms, but as specific as possible, general land use recommendation and policy design guidelines and other elements to help property owners, citizens, the business community, the Navy and, the City policy makers to make better decisions about what should or shouldn't go in to the APZ-1/Clear Zone areas. On October 18, 2007, we held a very large and what I thought was a successful open house at the Convention Center. Over 150 people showed up; 1,700 notices went out to all those who lived in the APZ-1/Clear Zone areas. The purpose of that meeting was to seek public input. To find out what the public wanted to see in this plan. On November 8, 2007, we went back out again to the Convention Center for a follow-up meeting to show them what we heard them say, and hoped that it was a shared vision of what they wanted to see. Following that, we had three meetings before the Oceana Land Use Conformity Committee, which is made up of neighborhood representatives, Navy representatives, business committee, development authority, City elected officials and executives, and City Attorney. On December 10, 2007, they considered the plan. They did also on January 7, 2008. On February 11, 2008, they endorsed the plan, and it is now before you for your consideration prior going to the City Council. Should this plan receive favorable consideration today, the intent is for it to then go to the City Council on Tuesday, March 18, 2008 for a briefing, and then March 25, 2008 for a public hearing, and then April 1, 2008 for consideration of final vote. That is the process that we're going through. We think it was a fairly good process, and we've had a lot of positive work with those stakeholders who were involved in this we think. The product itself is a document that, I think, is very well put together. And what it tries to do is it tries to use maps, and through text, outline a fairly clear proposal and plan for where residential land should be and where non-residential land should be. In addition to that, open space is provided, and what we are calling a Transitional Area, and this Transitional Area is land that is now zoned residential but we believe should be converted, on a voluntary basis, only to non-residential. There are criteria that are established for this so we don't "swiss cheese" the neighborhoods. The most important component of this plan is to protect the neighborhoods - and those that are existing. But we also recognize that we don't want to increase the density in those neighborhoods, and we also want to make sure that what we do is to provide a way Item #13 City of Virginia Beach Page 2 for the non -conforming, non-residential uses to relocate out of the APZ-1/Clear Zone, and find a way to bring conforming non-residential uses into the APZ-1, and, of course, the Clear Zone because that is the area right next to the runway. We're trying to get as much as we can on a voluntary basis to remove all incompatible uses. There are design considerations, as I mentioned. There is also support information in this document to help the reader understand exactly what we're trying to do here. There are incentives that identify the vested properties. The vested properties are those houses that are being developed now, and they are wondering why. The reason for that is because they received their approvals prior to the December 20, 2005 vote, which established the Oceana Land Use Conformity Program, and as a result of that they were vested and moved forward. So, I think, given that, this plan really does, in my estimation, do a very good job in providing clear guidance for those who wish to see where these kind of uses ought to be located in the APZ-1 /Clear Zone. We hope that you will give this your favorable consideration today. Thank you. Janice Anderson: Thank you Mr. Pauls. Donald Horsley: We have one speaker registered in favor. Sam Reid. Sam Reid: Good afternoon Madame Chair, Planning Commission. My name is Sam Reid, and I'm President of the Oceana Gardens Coalition of Civic Leagues. It is roughly 740 homes in four neighborhoods. We worked diligently with Mr. Tom Pauls, several working meetings, and Mr. Pauls came out to our civic league meeting. He gave us a briefing and was amenable to some changes to the plan, as you see it today, which were in the process of trying to help us keep our neighborhood stable. Not only is the APZ-1/Clear Zone Master Plan not detrimental to our neighborhoods, but on many levels this plan, being incorporated in our City's Comprehensive Plan, will provide protection, continuity, and stability to our neighborhoods and the homeowners of the APZ-1 areas. So, based on those reasons, and as President of the Oceana Gardens Coalition of Civic Leagues, I endorse this ordinance, and I hope you will incorporate it into the Comprehensive Plan. We did have a vote at our civic league meeting. It was unanimous. Everybody supported it. Janice Anderson: Thank you Mr. Reid. Sam Reid: Are there any questions? Thank you. Janice Anderson: Mr. Reid, thank you for your input and your involvement in it. Thank you. Sam Reid: Yes ma'am. Donald Horsley: Our next speaker is Gene Meekins? Unknown voice: Mr. Meekins left. Donald Horsley: Mr. Meekins left. Madame Chairman, we don't have any more speakers. Item #13 City of Virginia Beach Page 3 Janice Anderson: Is there any discussion? Eugene Crabtree: I move that we accept the amendment to the Comprehensive Plan as presented. Janice Anderson: A motion by Gene Crabtree. We have a second by Kathy Katsias. Tom, I just wanted to thank you for all your efforts in this plan. It has several maps and colors, and it is very colorful and very easy to follow. You've done an excellent job on it. Tom Pauls: Thank you very much. I want to comment too. This plan was put together by a number of people. Let me mention two people off the top who have put an immense amount of work into this. One is Melisa Ingram and another is Debbie Zywna. There are a lot of others, but those I want to recognize. Thank you. Janice Anderson: Thank you. Go ahead with the motion. AYE 11 NAY 0 ABS 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE ABSENT 0 Ed Weeden: By a vote of 11-0, the amendment for the APZ-1/Clear Zone Master Reference has been approved. I�. APPOINTMENTS BIKEWAYS AND TRAILS ADVISORY COMMISSION COMMITTEE re LATE PAYMENT OF REAL ESTATE TAXES HUMAN RIGHTS COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT I BRIEFING: CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS OCEANA ANNUAL REPORT RE MOU Captain Markham K. Rich, Executive V O I Officer — NAS DATE: March 25, 2008 M B L D C E L E D VIRGINIA BEACH HISTORIC H C R A W PAGE: I S T I E D E N J O L A N D U H N U I L W E Z Y L N N O R E S O SUBJECT MOTION VOTE P E E E E A R I V O O ff H L R Y S N F N A N D I BRIEFING: OCEANA ANNUAL REPORT RE MOU Captain Markham K. Rich, Executive Officer — NAS Oceana VIRGINIA BEACH HISTORIC Honorable Robert PRESERVATION COMMISSION G. Jones, Chair - Historic Sites Organizing Committee II/III/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y IV/V- SESSION E F/G MINUTES Informal/Formal Sessions 03/11/08 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y H PRESENTATION David L. Hansen, FY2008-09 AND 2009-10 BUDGET/ Chief— Finance FY2008-09 THRU 2013-14 (CIP) and Technology Catheryn Whitesell, Director — Management Services UJ PUBLIC HEARING NO SPEAKERS COMP PLAN AMENDMENT re APZ — I /CLEAR ZONE MASTER PLAN K-1 Resolution to ESTABLISH Committee to ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y study late payment of Real Estate Taxes CONSENT L-1 ALCAR, L.L.C. at Nimmo Parkway! DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Rockingchair Lane re: 5/13/08, BY CONSENT a. Variance to §5B of the Site Plan ORD re Floodplain b. COZ from AG -1 / AG -2 to Conditional R-7.5 DISTRICT 7 — PRINCESS ANNE 2 CUP: a HYPERLEARNING TECHNOLOGIES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y (a vocational school) re Microsoft certified WITH ADDED level training at 3630 South Plaza Trail CONDITION, BY DISTRICT 3 — ROSEHALL CONSENT TY OF VIRGINIA BEACH b. RUDY & KELLY ACADEMY re MARY OF COUNCIL ACTIONS arch 25, 2008 Cosmetology at Suite 114, 1920 Centerville APPROVED/ LDATE: D Y Y Y Y Y E D Y H Y S I E J T E D N 0 E Z Y L N SUBJECT MOTION VOTE p E E E E H L R Y S b. RUDY & KELLY ACADEMY re Cosmetology at Suite 114, 1920 Centerville APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Turnpike DISRICT 1— CENTERVILLE BY CONSENT c HARVEST OUTREACH APPROVED/ 10-I Y Y Y Y Y N Y Y Y Y Y MINISTRIES, INC re a church at Indian CONDITIONED River Road/ Bridlepath Lane DISTRICT 7 — PRINCESS ANNE 3 VALUE PLACE REAL ESTATE DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y SERVICES, L.L.C., Modification of 4/22/08, Conditions on COZ from AG -I to BY CONSENT Conditional O -1/H-1 (approved April 22, 2003) at Dam Neck Road/ Corporate Landing Parkway. DISTRICT 7 — PRINCESS ANNE 4. BQI GROUP, INC. Modification of DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Proffers re the number/size of units/ 4/8/08, eliminating garages re COZ (approved BY CONSENT August 10, 2004) at Bonney Road/ Windbrooke Lane. DISTRICT 2 — KEMPSVILLE 5 BALANCE BUILDERS COZ from AG -I/ APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y AG -2 to Conditional R-10 at 2260 Childeric PROFFERED Road DISTRICT 7 — PRINCESS ANNE M APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S BIKEWAYS and TRAILS ADVISORY COMMISSION COMMITTEE re LATE PAYMENT OF REAL ESTATE TAXES HUMAN RIGHTS COMMISSION N/O/P ADJOURNMENT 7:32 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I DATE: March 25, 2008 M B L D C E L E D H C R A W PAGE: 3 S I E J L N U N I T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE p E E E E A R I V O O H L R Y S N F N A N D PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS April 8 (Workshop) April 15 (Workshop) April 17 (Public Hearing) April 22 (Workshop) April 22 (Public Hearing) April 29 (Workshop) May 6 (Reconciliation Workshop) May 13 (Adoption) Council Conference Room Council Conference Room Green Run High School — 6 p.m. Council Conference Room Council Chamber — 6 p.m. Council Conference Room Council Conference Room Council Chamber — 6 p.m. CITY COUNCIL ONE -DAY RETREAT MAY 12, 2008 8:30 a.m. — 5:30 p.m. ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23,2008 8:30 a.m. — 5:30 p.m. ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER __