JANUARY 14, 1997 MINUTESCity of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORFo At-L~rM
VICE MAYOR W'II2,,JAM D 8ES3OMS, JR, At I.~rge
JOHN A BAUM, Blachmate'r Borough
LINWfN)D 0 BRANCH III V~rg,ma Peach BnmuRh
Vv'ILLIAM 9,/ HARRISON, JR, L.vnnhaven BarouRh
HAROLD HEISCHOBER, At Large
BARBARA M HENLEY, Pungo Borough
LOUIS R ]ONES, Bays;de Bamugh
REBA S McCLANAN, Princess Anne Borough
NANCY K PARKER, At Large
LOUISA M STRAYHORN, Kempwdle Bm~ugh
J,4A4ES K SPORE, C:ty Manager
LESLIE L L/LLEY, C~ty Attorney
RUTH HODGES SMITH, CMC / AAE, C,ty Clerk
CITY COUNCIL AGENDA
JANUARY 14, 1997
( ITY HALL BUlU)ING
2401 ( OURTHOUSE DRIVE
VIRGINIA BEACH VIRGINIA 23456 9005
1757~ 427 4303
I. REVIEW OF AGENDA ITEMS
- Conference Room -
11:00 AM
II. CITY COUNCIL CONCERNS
III. INFORMAL SESSION
- Conference Room -
11:30 AM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend William B. Dodd
Church of The Nazarene
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
January 7, 1997
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I. PUBLIC HEARING
i ·
THE LAST GREAT WATERS, INC. and GREAT WATERS, INC. -
TAX EXEMPTION
J. RESOLUTIONS
i ·
Resolution re legislation designating real and personal
property owned by The Last Great Waters, Inc. and its
subsidiary, Great Waters, Inc., as being EXEMPT from state and
local real and personal property taxation.
·
Resolution re issuance of Virginia Beach Development Authority
Multi-family Rental Housing Refunding Revenue Bonds (Dam Neck
Square Apartments Project - 1529 Meridian Way) not to exceed
82,200,000 (PRINCESS ANNE BOROUGH).
K. ORDINANCES
i ·
Ordinances to establish the Ferry FarmHouse Restoration and
Maintenance in the Capital Improvement Program (CIP #3-107)
(BAYSIDE BOROUGH); and,
a·
APPROPRIATE $68,550 from the sale of surplus property
(excess adjacent right-of-way); and,
bo
Authorize the City Manager to execute an Agreement with
the Friends of the Ferry Plantation House, Inc.
(Sponsored by Council Members Barbara M. Henley and
Louis R. Jones)
·
Ordinance to authorize a temporary encroachment into a portion
of the right-of-way of Blackwater Road to John M. Franklin,
Inc., T/A Blackwater Trading Post re maintenance of an
existing business advertising sign and paved parking lot
(BLACKWATER BOROUGH).
3. Ordinance to authorize license refunds: $8,918.86.
L. PUBLIC HEARING - PLANNING
2:30 PM
PLANNING BY CONSENT - To b~ determined during the ~lgenda Review Session.
I ·
Ordinances re disco~tinuance~ closure and abandonment in the
Petition of R. LEWIS BOGGS (VIRGINIA BEACH BOROUGH):
Deferred for Compliance: 9 January 1996
Additional 180-Day Deferral: 9 July 1996
a.
P_~: Alleyway located between Zgth and 30th Streets
beginning at the Western Boundary of Arctic Avenue and
running in a Westerly direction to the Eastern boundary
of Holly Road
parcel 2: Alleyway located 140.15 feet North of 27th
Street beginning at the Eastern boundary of Holly Road
and running 49.93 feet in an Easterly direction (Parcels
1 and 2 contain 6,086.45 square feet).
Recommendation:
ADDITIONAL 180-DAY DEFERRAL
be
Portion of Baltic Avenue beginning at a point 300 feet
South of Laskin Road and running in a Southwesterly
direction along the Eastern property line a distance of
842.52 feet, more or less, to the Western boundary of
Holly Road, containing 1.131 acres
Recommendation:
WITHDRAWAL
·
Ordinance re discontinuance, closure and abandonment of
Potters Road beginning at the Southeast intersection of
Potters Road and Wesley Drive, running in an Easterly
direction 270 feet, more or less, in the Petition of POTTERS
ROAD INVESTMENT GROUP, containing 6,577.56 square feet
(LYNNHAVEN BOROUGH).
Deferred for Compliance:
9 July 1996
Recommendation:
ADDITIONAL 180-DAY DEFERRAL
3. Petition of EDMUND C. RUFFIN/BQTS ASSOCIATES, L.P., A Virginia
Limited Partnership, for the discontinuance~ closure end
abandonment of a fifteen-foot (15')-alley between 6th and 7th
Streets beginning at the Eastern boundary of Pacific Avenue
and running Easterly to the Western boundary of Atlantic
Avenue adjacent to Lots 1-6 and Lots 7-12, Block 6, Plat of
The Ocean Lot Investment Company, containing 4,101 square feet
~ (VIRGINIA BEACH BOROUGH).
~ Recommendation: APPROVAL
e
Application of DANIEL J. PERRELLA for an enlargement of a
nonconforming use in the A-12 District by adding 1,064 square
feet of living area and a 228 square foot porch at 313 33rd
Street on a 7,000 square-foot lot (VIRGINIA BEACH BOROUGH)·
Deferral:
17 December 1996
Recommendation: APPROVAL
.
RECONSIDERATION OF MODIFIED CONDITIONS on 12 November 1996
Conditional Use Permit application of WILLIAMS HOLDING
CORPORATION for a borrow pit (previously approved 23 February
1993) 200 feet more or less North of Kempsville Road beginning
at a point 290 feet more or less West of Centerville Turnpike,
containing 35.7 acres (KEMPSVILLE BOROUGH)·
Recommendation:
WITHDRAWAL
·
Application of FAITH WORKS CHURCH for a Conditional Use Permit
for a ~ at the Northwest corner of Lynnhaven Parkway and
Pleasant Valley Road, containing 9. 863 acres (KEMPSVILLE
BOROUGH ).
Recommendation:
APPROVAL
.
Application of ROBERT B. and ORRIS L. HOLT for a Conditional
Use Permit for a home occupation (day care) on Lot 219,
Section 3, Salem Village (4169 Rainbow Drive), containing
5,003 square feet (KEMPSVILLE BOROUGH)·
Recommendation:
APPROVAL
.
Application of SELINA DILLARD for a Condition~l Use Permit for
a home occupation (day care) on Lot 990, Alexandria, Section
Five-A (6009 Embassy Row Drive), containing 5,252 square feet
(KEMPSVILLE BOROUGH).
Recommendation-.
APPROVAL
.
Application of SHERRY D. ORTIZ for a Conditional Use Permit
for a home occupation (day care) on Lot 10, Block 50, Aragona
Village (768 Olivieri Lane), containing 7,500 square feet
(BAYSIDE BOROUGH).
Recommendation-
.
APPROVAL
10. Application of MAX MEDIA PROPERTIES, L.L.C. for a Conditional
Use Permit for a communications tower South of Virginia Beach
Boulevard and East of Clearfield Avenue (230 Clearfield
Avenue), containing 9.75 acres (BAYSIDE BOROUGH).
Recommendation:
APPROVAL
11. Application of WIRELESS PCS, INC., Agent for A T & T WIRELESS
PCS, INC for a Conditional Use Permit for a ~
communication facility on the North side of Shore Drive, West
of Lake Shores Road (5332 Shore Drive), containing 22.336
acres (BAYSIDE BOROUGH)·
Recommendation:
APPROVAL
12. Application of AIR RAIL PROPERTIES for a Conditional Use
P_~ for a bulk storaae and buildina contractor's yard at
the Northeast intersection of Air Rail Avenue and ~andpit
Road, containing 11.13 acres (BAYSIDE BOROUGH).
Staff Recommendation:
DENIAL
Planning Commission Recommendation: APPROVAL
13. Application of NORTHAMPTON BUSINESS CENTER-III for a Change of
Zonin~ District Classification from B.-2 Community. Business
--
District to Conditional I-1Liaht Industrial District on the
East side of Baker Road, beginning at a point 530 feet more or
less North of Northampton Boulevard, containing 1.210 acres
(BAYSIDE BOROUGH).
Recommendation:
APPROVAL
14. Application of PEMBROKE MEADOWS ASSOCIATES for a Change of
Zoning District Classification from B-2 Community Business
District to Conditional A-18 Apartment District at the
--
Northeast intersection of Pembroke Boulevard and Sullivan
Boulevard, containing 2.738 acres (BAYSIDE BOROUGH).
Recommendation'.
APPROVAL
M. APPOINTMENTS
HUMAN RIGHTS COMMISSION
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
fl fl fl fl fl fl fl fl fl
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
* * , * * fl * * fl *
1/09/97cmd
AGENDA\l-14-97.PLN
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 14, 1997
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS to the VIRGINIA
BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, January 14,
1997, at 11:00 A. M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Barbara M. Henley, Harold
Heischober, Louis R. Jones, Reba $. McClanan, Mayor Meyera E.
Oberndorf and Nancy If. Parker
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. [ENTERED: 11:50 A.M.]
William W. Harrison, Jr.
[ENTERED: 11:35 A.M.]
Louisa IC Strayhorn [ENTERED: I 1:30 A.M.]
-2-
CONCERNS OF THE MA YOR
11:00 A.M.
ITEM # 41610
Mayor Oberndorf extended sympathy to Council Lady Strayhorn on the loss of her mother, and welcomed
her back. She has been held high in the City Council's thoughts and prayers.
ITEM # 41611
Mayor Oberndorf advised of the Vice Mayor's accident on January I$, 199Z A lady driving at an
excessive rate of speed hit a utility pole located thirty feet away from the Vice Mayor's home, drove the
utility pole through the fence and through the Vice Mayor's laundry room. Fortunately, their sixteen-year
old daughter was not injured. She was the only one at home.
The lady had to be cut out of her car, but sustained no significant injuries.
January 14, 1997
-3-
AGENDA REVIEW SESSION
11:05 A.M.
ITEM # 41612
Council Lady Parker expressed concerns relative:
J. 1. Resolution re legislation designating real and personal property
owned by The Last Great Waters, Inc. and its subsidiary,
Great Waters, Inc., as being EXEMPT from state and local
real and personal property taxation.
Council Lady Parker spoke to members of the environmental community and advised the boat is a very
nice pleasure craft, but the gentleman has been very nice about being able to utilize his boat by
environmental groups.
ITEM # 41613
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
RESOLUTIONS
J. 2 Resolution re issuance of Virginia Beach Development
Authority Multi-family Rental Housing Refunding Revenue
Bonds (Dam Neck Square Apartments Project - 1529
Meridian Way) not to exceed $2,200,000 (PRINCESS ANNE
BOROUGH).
ORDINANCES
Ordinances to establish the Ferry Farm House Restoration and
Maintenance in the Capital Improvement Program (CIP #3-
107) (BAYSIDE BOROUGH); and,
a. ~PROPRIATE $68,550 from the sale of surplus property
(excess adjacent right-of-way); and,
Authorize the City Manager to execute an Agreement with the
Friends of the Ferry Plantation House, Inc. (Sponsored by
Council Members Barbara M. Henley and Louis P, Jones)
1(,2 Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Blackwater Road to John M.
Franklin, Inc., T/A Blackwater Trading Post re maintenance of
an existing business advertising sign and paved parking lot
(BLACKWATER BOROUGH).
3L3 Ordinance to authorize license refunds:S8,918.86.
January 14, 1997
-4-
,4GENDA RE VIE tV SESSION
ITEM # 41614
Council Lady Parker inquired who purchased the property re:
L.I.
Ordinances re discontinuance, closure and abandonment in the
Petition of R. LEWIS BOGGS (YIRGINIA BEACH
BOROUGH):
a,
Parcel 1: Alleyway located between 29th and 30th Streets
beginning at the Western Boundary of Arctic Avenue and
running in a Westerly direction to the Eastern boundary of
Holly Road
Parcel 2: Alleyway located 140.15 feet North of 27th Street
beginning at the Eastern boundary of Holly Road and running
49.93 feet in an Easterly direction (Parcels 1 and 2 contain
6,086.45 square feeO.
Portion of Baltic Avenue beginning at a point 300 feet South of
Lasldn Road and running in a Southwesterly direction along the
Eastern property line a distance of 84Z52 feet, more or less, to
the Western boundary of Holly Road, containing 1.131 acres
The City Manager advised this property has been purchased by the company that owns Harris-Teeter.
They are working with the Planning and Economic Development staff on a proposal for development of
a commercial project.
ITEM # 41615
The City Clerk advised a Resolution must be adopted in addition to approving the application.
L. 4 Application of DANIEL J. PERRELLA for an enlargement of
a nonconforming use in the A-12 District by adding 1,064
square feet of living area and a 228 square foot porch at 313
33rd Street on a 7,000 square-foot lot (VIRGINIA BEACH
BOROUGH).
ITEM # 41616
Council Ixtdy Parker requested a two-year time limit, and reevaluation as same was a store, front
operation in a Shopping Center.
L. 6 Application of FAITH WORKS CHURCH for a Conditional
Use Permit for a church at the Northwest corner of Lynnhaven
Parkway and Pleasant Valley Road, containing 9.863 acres
(KEMPSVILLE BOROUGH).
ITEM # 41617
Council Lady McClanan advised there are approximately three of these day care operations which are
on 5,000 square foot lots. Council Lady McClanan is assuming the neighbors will monitor the cars
coming in and out; however, some of these neighborhoods have trouble handling the parla'ng for the
residents themselves.
L. 7 Application of ROBERT B. and ORRIS L. HOLT for a
Conditional Use Permit for a home (~ccupation (day care} on
Lot 219, Section 3, Salem Village (4169 Rainbow Drive),
containing 5,003 square feet (KEMPSIflLLE BOROUGH).
January 14, 1997
-5-
AGENDA RE VIEW SESSION
ITEM # 41618
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
PLANNING
L. 1
Ordinances re discontinuance, closure and abandonment in the
Petition of R. LEWIS BOGGS (FIRGINIA BEACH
BOROUGH):
a.
Parcel 1: Alleyway located between 29th and 30th Streets
beginning at the Western Boundary of Arctic Avenue and
running in a Westerly direction to the Eastern boundary of
Holly Road
Parcel 2: Alleyway located 140.15 feet North of 27th Street
beginning at the Eastern boundary of Holly Road and running
49.93 feet in an Easterly direction (Parcels 1 and 2 contain
~ 086.45 square feet).
Portion of Baltic Avenue beginning at a point 300 feet South of
Lasla'n Road and running in a Southwesterly direction along the
Eastern property line a distance of 842.52 feet, more or less, to
the Western boundary of Holly Road, containing 1.131 acres
L. 2
Ordinance re discontinuance, closure and abandonment of
Potters Road beginning at the Southeast intersection of Potters
Road and Wesley Drive, running in an Easterly direction 270
feet, more or less, in the Petition of POTTERS ROAD
INVESTMENT GROUP, containing 6,577.56 square feet
(L YNNHA VEN BOROUGH).
L. 3
Petition of EDMUND C. RUFFIN/BQTS ASSOCIATES, L.P.,
A Virginia Limited Partnership, for the discontinuance, closure
and abandonment ora fifteen-foot (15')-alley between 6th and
7th Streets beginning at the Eastern boundary of Pacific Avenue
and running Easterly to the Western boundary of Atlantic
Avenue adjacent to Lots 1-6 and Lots 7-12, Block 6, Plat of
The Ocean LOt Investment Company, containing 4,101 square
feet OflRGINIA BEACH BOROUGH).
L. 4
Application of DANIEL J. PERRELLA for an enlargement of
a nonconforming use in the A-12 District by adding 1,064
square feet of living area and a 228 square foot porch at 313
33rd Street on a 7,000 square-foot lot (VIRGINIA BEACH
BOROUGH).
L.5
RECONSIDERATION OF MODIFIED CONDITIONS on 12
November 1996 Conditional Use permit application of
WILLIAMS HOLDING CORPORATION for a borrow pit
(previously approved 23 February 1993) 200 feet more or less
North of Kempsville Road beginning at a point 290 feet more
or less West of Centerville Turnpike, containing 35.7 acres
(KEMPSVILLE BOROUGH).
L. 6
Application of FAITH WORKS CHURCH for a Conditional
Use Permit for a church at the Northwest corner of Lynnhaven
Parkway and Pleasant galley Road, containing 9.863 acres
(KEMPSVILLE BOROUGH).
January 14, 1997
-6-
,4GEND,4 RE VIEW SESSION
L. 7
L. 8
L. 9
LIO
Lll
L12
L13
LI4
ITEM # 41618 (Continued)
Application of ROBERT B. and ORRIS L. HOLT for a
Conditional Use Permit for a hQme occupation (da_v care) on
Lot 219, Section 3, Salem Village (4169 Rainbow Drive),
containing 5,003 square feet (KEMPSVILLE BOROUGH).
Application of SELINA DILLARD for a Conditional Use
Permit for a home occupation (da_v care) on Lot 990,
Alexandria, Section Five-A (6009 Embassy Row Drive),
containing 5,252 square feet (KEMPSYILLE BOROUGH).
Application of SHERRY D. ORTIZ for a Conditional Use
Permit for a home occupation (day care) on Lot 10, Block 50,
Aragona Village (768 Olivieri Lane), containing 7,500 square
feet (BAYSIDE BOROUGH).
Application of MAX MEDIA PROPERTIES, L.L.C. for a
Conditional Use Permit for a communications tower South of
Virginia Beach Boulevard and East of Clearfield Avenue (230
Clearfield Avenue), containing 9. 75 acres (BA YSIDE
BOROUGH).
Application of WIRELESS PCS, INC., Agent for A T & T
WIRELESS PCS, INC for a Conditional Use Permit for a
wireless communication facili~, on the North side of Shore
Drive, West of Lake Shores Road (5332 Shore Drive),
containing 22.336 acres (BAYSIDE BOROUGH).
Application of AIR RAIL PROPERTIES for a Conditional Use
Permit for a bulk storage and building contractor's yard at the
Northeast intersection of Air Rail Avenue and Sandpit Road,
containing 11.13 acres (BAYSIDE BOROUGH).
Application of NORTHAMPTON BUSINESS CENTER-III
for a Change of Zoning District Classification from B-2
Communi~_ Business District to Conditional 1-1 Light
Industrial District on the East side of Baker Road, beginning at
a point 530 feet more or less North of Northampton Boulevard,
containing 1.210 acres (BAYSIDE BOROUGH).
Application of PEMBROKE MEADOWS ASSOCI`4TES for a
Change of Zoning District Classification from B-2 Communi~.
Business District to Conditional A-18 Apartment District at the
Northeast intersection of Pembroke Boulevard and Sullivan
Boulevard, containing 2. 738 acres (BAYSIDE BOROUGH).
Item L. la. will be DEFERRED BY CONSENT FOR AN ADDITIONAL 180-DAYS until July 8, 1997.
Item L. lb. will be WITHDRAWN BY CONSENT.
Item L.2. will be DEFERRED BY CONSENT FOR AN ADDITIONAL 180-DAYS until July 8,
1997.
Item L.5 will be WITHDRAWN B Y CONSENT.
Item L. 6 will be APPROVED with additional condition BY CONSENT.
January 14, 1997
-7-
AGENDA REVIEW SESSION
ITEM # 41619
Councilman Branch requested City Staff prepare an ADD ON Resolution requesting the Planning
Commission Study City Zoning Regulations pertaining to lodging units with kitchen facilities.
January 14, 1997
-8-
CITY COUNCIL CONCERNS
11:20 A.M.
ITEM It 41620
Mayor Oberndorf requested a six-month follow-up Retreat (at the end of February 1997) to be assured
City Council is adhering to their Goals and Objectives. BY CONSENSUS, City Council will schedule a
date.
ITEM # 41621
Council Ixuty Parker referenced correspondence relative the Southeastern Public Service Authority.
Mayor Oberndorf advised the private haulers have joined with the Chamber of Commerce to create a
group named "VEEPS". There is some concern from the private haulers relative SPX4 proposing a fee
to pick up commercial garbage at the beach. The City Manager and the Mayor will meet with Durwood
Curling, Director - SPSA. Mr. Curling will respond at a City Council Session relative Council's concerns.
Michael Barrett has been chosen to oversee the VEEPS.
ITEM It 41622
Council Lady Parker referenced a DRAFT Ordinance to AMEND the City Code addressing new
provisions pertaining to expressive activities at meetings of City Council
The City Attorney advised his office staffs a First Amendment Team, which periodically reviews the City
Code. The City Code, with respect to Council meetings, was not in total compliance with the
Administrative Directive for use of this building. The City Attorney's office is attempting to bring the City
Code into conformity with the Administrative Directive as it relates to the utilization of the C#y Hall
Building.
January 14, 1997
-9-
ITEM # 41623
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, January 14, 1997,
at 11:30 A.M.
Council Members Present:
John ,4. Baum, Linwood O. Branch, IH, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,,
Nancy IC Parker and Louisa M. Strayhorn
Council Members ,4bsent:
William W. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr.
January 14, 1997
- 10 -
ITEM # 41624
Mayor Meyera E. Oberndo~ entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion or consideration o. for interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To
Appointments - Boards and Commissions:
Human Rights Commission
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 }'or
ownership by such institution pursuant to Section 2.1-344(A)(3).
Acquisition of Property Lynnhaven Borough
Southeastern Parkway and Greenbelt
LEG~ MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
Lake Gaston Water Supply Project
Upon motion by Councilman Heischober, seconded by Council Lady Strayhorn, City Council voted to
proceed into EXECUTIVE SESSION (11:30 A.M.)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy IC Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W. Harrison, Jr. and Vice Mayor William D. Sessoms, Jr.
January 14, 1997
- 11 -
CERTIFICATION OF
EXF, CUTIF~ SESSION
ITEM # 41625
Upon motion by Councilman Harrison, seconded by Councilman Heischober, City Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye: *
John ,4. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal votes in the Council Conference Room.
January 14, 1997
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 41624 Page No. 10 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive 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 Executive
Session to which this certification resolution applies; and, Co) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
Ruth Hodges Smith, CMC/AAE
City Clerk
January 14, 1997
- 12 -
ITEM # 41626
Mayor Meyera E. Oberndorf, entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
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 2.1-344(A)(3).
Acquisition of Property Lynnhaven Borough
Kempsville Borough
V~rginia Beach Borough
Upon motion by Councilman Heischober, seconded by Council Lady Strayhorn, City Council voted to
proceed into EXECUTIVE SESSION (12:40 P.M.)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf,, and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Nancy IC Parker and Vice Mayor William D. Sessoms, Jr
January 14, 1997
- 13-
FORMAL SESSION
VIRGINIA BEA CH CITY COUNCIL
January 14, 1997
2:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Council Chamber, Ctty Hall Butldmg, on Tuesday, January 14, 1997, at 2:00 P M.
Counctl Members Present
John A. Baum, Ltnwood 0 Branch, III, HaroM Hetschober, Wdham W
Harrison, Jr, Barbara M Henley, Louts R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor Wtlham D
Sessoms, Jr and Loutsa M. Strayhorn
Counctl Members Absent'
None
INVOCATION:
Ruth Hodges Smith, CMC/AAE
Ctty Clerk
Vtce Mayor Sessoms, being a Corporate Officer of Central Fidehty Bank, disclosed there were no matters
on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, either mdivMually or in hts
capactty as an officer of Central Ftdehty Bank The Vice Mayor regularly makes thts Disclosure as he may
or may not know of the Bank's interest tn any apphcation that may come before Ctty Counctl Vtce Mayor
Sessoms' letter of January 1, 1997, is hereby made a part of the record
January 14, 1997
- 14 -
CERTIFICATION OF
EXECUTII~ SESSION
ITEM # 41627
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W..
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D.
Sessotns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
Beso u on
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 41626 Page No. 12 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive 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 Executive
Session to which this certification resolution applies; and, Co) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
R~th Hodges ~mith, CMC/AAE
City Clerk
January 14, 1997
- 15 -
Item IY-F. 1
MINUTES
ITEM # 41628
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS of January 7, 199Z
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf,, Nancy lC. Parker and Vice Mayor William
D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Louisa M. Strayhorn
Council Members Absent:
None
Council Lady Strayhorn ABSTAINED, as she was not in attendance during the City Council Session of
January 7, 1997, due to her mother's death.
January 14, 1997
- 16 -
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 41629
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
The following shall be ADDED to the Agenda:
Resolution requesting the Planning Commission study City zoning
regulations pertaining to lodging units with kitchen facilities.
January 14, 1997
-17-
Item IV-l.l.
PUBLIC HEARING
ITEM # 41630
Mayor Oberndorf DECLARED A PUBLIC HEARING:
THE LAST GREAT WATERS, INC. AND GREAT WATERS, INC.
TAX EXEMPTION
The following registered to speak:
Charles E. Hicks, 2460 Camelback Road - Richmond, Virginia 23236, Phone: (804) 745-3272
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
January 14, 1997
- 18 -
Item 1~-1.2.
ADD -ON
ITEM # 41631
Upon motion by Councilman Branch, seconded by Councilman Baum, City Council AGREED TO ADD
TO THE AGENDA:
Resolution requesting the Planning Commission study City zoning
regulations pertaining to lodging units with kitchen facilities.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba $. McClanan,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
- 19 -
Item IV-J. 1.
RESOLUTIONS
ITEM
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council DEFERRED UNTIL
JANUARY 28 CITY COUNCIL MEETING:
Resolution re legislation designating real and personal property owned
by The Last Great Waters, Inc. and its subsidiary, Great Waters, Inc.,
as being EXEMPT from state and local real and personal property
taxation.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
- 20 -
Item IV-~./K.
RE$ OL UTIONS / ORDINANCE $
ITEM # 41655
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council APPROVED BY
CONSENT in ONE MOTION Resolutions Item 2, and Ordinances Item 1, a.b., 2, 3 and the ADD-ON
Ordinance.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K~ Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
- 21 -
Item IV-J.2.
CONSENT AGENDA
RESOLUTIONS
ITEM # 41634
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Resolution re issuance of Virginia Beach Development Authority Multi-
.family Rental Housing Refunding Revenue Bonds (Dam Neck Square
Apartments Project - 1529 Meridian Way) not to exceed $2,200,000
(PRINCESS ANNE BOROUGH).
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
A RESOLUTION APPROVING THE ISSUANCE BY THE CITY OF
VIRGINIA BEACH DEVELOPMENT AUTHORITY OF ITS MULTIFAMILY
RENTAL HOUSING REFUNDING REVENUE BONDS (DAM NECK
SQUARE APARTMI~NTS PROJECT) (THE "BONDS") IN A PRINCIPAL
AMOUNT NOT TO F_.XCEED $2,200,000 TO REFINANCE A PORTION OF
THE COST OF A 79 UNIT MULTIFAMILY RENTAL HOUSING PROJEC~
KNOWN AS DAM NECK SQUARE APARTME~S LOCATED AT 1529
MERIDIAN WAY, IN THE CITY OF VIRGINIA BEACH, VIRGINIA.
WHEREAS, the City of Virginia Beach Development Authority (the "Authority") ia
authorized to advertise and hold public hearings relative to the issuance of private activity bonds;
and
WHEREAS, the Authority has considered thc request of Dam Neck Square Apartmmts,
L.C., a Virginia limited liability company (the "Company"), whose address is 2701 Avenger
Drive, Virginia Beach, Virginia 23452, for the issuance by the Authority of its Multifamily
Rental Housing Refunding Revenue Bonds (Dam Neck Square Apartments Project) Series 1997
(the "Bonds") in a principal amount not to exceed $2,200,000 to refund the Authority's Floating
Rate Demand Mulfifamily Rental Housing Refunding Bonds (Dam Neck Square Apartments
Project) Series 1988 issued on March 31, 1988, in the original principal amount of $2,461,000
(the "Outstanding Bonds"); and
WHEREAS, the Outstanding Bonds provide the financing for a 79 unit multifamily rental
housing project known as Dam Neck Square Apartments (the "Project") located at 1529 Meridian
Way in the City of Virginia Beach, Virginia (the "City"); and
WHEREAS, Section 147(0 of the Int~nal Revenue Code (the "Internal Revenue Code"),
provides that the applicable elected representatives of the governmental unit issuing private
activity bonds and the applicable representatives of the governmental unit having jurisdiction over
the area in which any facility financed with the proceeds of private activity bonds is located, shall
approve the issuance of such bonds; and
WHEREAS, the Authority, as the issuing governmental unit, has no applicable elected
representative and the City is the next highest governmental unit with such a representative; and
WHEREAS, the members of the City Council constitute the applicable elected
representatives of the City; and
WHEREAS, on December 17, 1996, the Authority held a public hearing on the issuance
of the Bonds; and
WHEREAS, Chapter 514 of the 1983 Acts of the General Assembly of Virginia requires
that any governmental entity established by or pursuant to an Act of the General Assembly that
proposes to issue bonds that are industrial development bonds within the meaning of
Section 103(b) of the Internal Revenue Code shall, with respect to such bonds, comply with the
procedures set forth in Virginia Code Sections 15.1-1378.1 and 15.1-1378.2 and Virginia Code
Section 15.1-1378.1 requires that, within sixty (60) calendar days after the public hearing, the
City Council approve or disapprove the financing of any facility recommended by the Authority;
and
WHEREAS, the Authority has adopted a resolution recommending that the City Council
approve the issuance of the Bonds and a copy of the Authofity's resolution, a reasonably detailed
summary of the comments, if any, expressed at the public hearing and the Fiscal Impact
Statement required by Virginia Code Section 15.1-1378.2 have been filed with the City Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach,
Virginia, that:
1. The City Council approves the foregoing recitals which are incorporated
in, and deemed a part of, this Resolution as if fully set forth herein.
2. The City Council approves the issuance of the Bonds by the Authority, for
the benefit of the Company, to the extent of and ss required by Section 147(0 of the Internal
Revenue Code, Chapter 514 of the 1983 Acts of the Virginia General Assembly, and Virginia
Code Section 1S.1-1378.1 to permit the Authority to assist in thc refinancing of thc Project.
3. Thc approval of thc issuance of the Bonds as required by Section 147(0
of the Internal Revenue Code, Chapter 514 of the 1983 Acts of the Virginia General Assembly,
and Virginia Code Section 15.1-1378.1 does not constitute an endorsement to the prospective
owners of the Bonds of the creditworthiness of the Project or the Company and the Bonds shall
provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest
thereon or other costs incident thereto except from the revenues and monies pledged therefor, and
that neither the faith and credit nor the taxing power of the City is pledged to the payment of the
principal of the Bonds or the interest thereon or other costs incident thereto.
4. This resolution shall take effect immediately upon its adoption.
ADOPTED by the Council of the City of Virginia Beach, Virginia, this
January , 1997.
day of
Clerk, City Council of the City of
Virginia Beach
0318999.01
City of Virginia Beach
LESLIE L LILLEY
CITY ATTORNEY
MUNICIPAL CENTER
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456-9004
(757) 427-4531
FAX (757) 426-5687
TDD (757) 427-4305
December 17, 1996
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re:
Dam Neck Square Apartments, L.C., a Virginia limited liabifity company
Multifamily Rental Housing Refunding Revenue Bonds
(Dam Neck Square Apartments Project) Series 1997
We submit the following in connection with a project for Dam Neck Square Apartments,
L.C., a Virginia limited liability company, located at 1529 Meridian Way in Virginia Beach,
Virginia.
(1) Evidence of publication of the notice of hearing is attached as Exh/bit A, and a
summary of the statements made at the public hearing is attached as Exhibit B. The City of
Virginia Beach Development Authority's (the "Authority") resolution recommending Council's
approval is attached as Exhibit C.
(2) The Disclosure Statement is attached as Exhibit D.
(3) The statement of the Authority's reasons for its approval as a benefit for the City of
Virginia Beach and its recommendation that City Council approve the modification of the bonds
described above is attached as Exh/bit E.
(4) The Fiscal Impact Statement is attached as Exhibit F.
(5) Attached as Ea:h~/t O is a summary sheet setting forth the type of issue, and
identifying the Project and the principals.
(6) Attached as Exh/b/t H is a letter from the appropriate City depaxtment commenting
on the Project.
~Z'YT'. ~
Robin D. Ray
Chairman
RDR/GLF/mmh
Enclosures
BEA
IRPER
REDWI
2354
H
DERBY
TRAILER PARK
VIL
Dim Neck
quere
hop Ctr
DAM
O~
nldwbe
IAM NECK
ESTS
,EAN
~KES
lCEAN LA1
4
D E F G H
~.~o.ooo ~-r ~e.oo oO*,loins Map 28
Project:
Location:
Dam Neck Square Apartments
1529 Meridian Way
Virginia Beach, VA
IH~ ¥IHUINLAN-rlLOT
B:]:LL£D '
· i
KAUFHAN AND CANOLES
P,O. BOX 3037
NORFOLK
VA 2351&
STATEMiiNT NO P&~e ZNVOZcb t)ATi~
i ~1
166 I 1~15/96
i ii __
02~1~02 BT860120 751758001
IFLEABE EIqTEJ~ AMOUNT
ENOLO~! EO.,.P.A YMENT BEELOW
ZSGUE ' EDZT]:ON :NYC: NaR D~BCI~T2ON ' SZZ:E GROS8 AMT
d II
....... ·
--
l~'O~/g& FULL 7817~001 O~ NE~ S~ARE Z X O0~S 187.60
12/09/96 FULL 78173800Z D~ Ne~ SqUARe 2 X GOSS 1~7.60
TOTAL 375. Z0
,
Non~ OF eUBUC H~ING
Nolle. Is ~Im~ .l~n ~ ~ ~ ~ Vt~lnla ~eh ~nt
~ .VI~il Wm. ~l 234~,. for ~! I~m'~
~ut~fl~ ~ up W ~,200~0~ M I~ Mul~mlly fleqlal ~ne
IKI ~nds ~t~ finite B 7~ ~n~ multffamlly ~dant~l ~tel
I~ Pt 25~9 Meridian W~y, ~Vi~nl~ ~h,
I ~Ofl )01(0)(4)(Al ~ ~ Im~l RMnu. ~e
~n~ ~ t~a ~mM~, T~a pUDIID ~flI. ~K m~ ~ ~mln
T~ ~ PnVl~ I~1~ ~ ff ~,' Will not
or pl~ of thl lalt~ and c~lt ~ I~l ~~1~
~ ~ or ~1 ~g,~n~' Tht ~n05 will ~ I1~1~
I
......
....
State of Virginia
City of Norfolk
AFFZI)AVIT
ThLs day Lisa Y. Wells personally appeared before me and after beLng duly sworn made oath thm
(1) (He) (She) Ks affidavit clerk of The V~rginian-PiZot a newspaper published by.Landmark
CommunicatLons Inc./ in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia
Beech, Ste~e o~ Virginia;
(2) Tha~ the advertisement hereto annexed et BAH NECK SQUARE has been published ~n
sa~d newspaper during the fo[[ok~ng
- U Affiant
Subscribed and sworn to before me ~n my c~ty and sta(e aforesaid th~s [STH day of DECEHBER
2996
EXHIBIT A
NOTICE OF PUBLIC HEARING
OF PROPOSED PRIVATE ACTIVITY BOND FINANCING
Notice is hereby given that thc City of Virginia Beach Development Authority (thc
"Authority") will hold a public hearing on the application of Dam Neck Square Apartments, L.C.,
a Virginia limited liability company (the "Company") whose address is 2701 Avenger Drive,
Virginia Beach, Virginia 23452, for the issuance by the Authority of up to $2,200,000 of its
Mulfifamily Rental Housing Refunding Revenue Bonds (the "Bonds"), to refund thc outstanding
principal balance of the Authofity's Floating Rate Demand Multifamily Rental Housing
Refunding Bonds (Dam Neck Square Apartments Project) Series 1988 issued on March 31, 1988,
in the original principal amount of $2,461,000 (the "Outstanding Bonds"). The Outstanding
Bonds currently finance a 79 unit mulfifamily residential rental housing project known as Dam
Neck Apartments (the "Project") located at 1529 Meridian Way, Virginia Beach, Virginia. Thc
Project is a "residential rental project" within the meaning of Section 103(b)(4)(A) of thc Internal
Revenue Code and will be owned by the Company. The public hearing, which may be continued
or adjoumed, will be held at 8:30 a.m. on December 17, 1996, before the Authority in its offices
located at Suite 300, One Columbus Center, Virginia Beach, Virginia.
The proposed private activity bonds, if issued, will not create a debt or pledge of the faith
and credit of the Commonwealth of Virginia, the City of Virginia Beach or the Authority and
will not be payable from state or local tax revenues. The Bonds will be limited obligations of
the Authority payable solely from the revenues derived from the Company and pledges therefor.
Any person interested in the issuance of the Bonds may appear at the hearing and be
heard.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
BY:
/ Chairman
0318852 O!
EXHIBIT B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
(Dam Neck Square Apartments Projec0
December 17, 1996
The Chairman of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement of a public hearing on the request of Dam Neck Square
Apartments, L.C., a Virginia limited liability company (the "Borrower"), and that a notice of the
hearing was published once a week for two consecutive weeks in a newspaper having general
circulation in the City of Virginia Beach, Virginia, the first publication being not less than
fourteen (14) days prior to the hearing and the second publication being not more than twenty-
one (21) days prior to the hearing. The Chairman indicated that a copy of the notice and a
certificate of publication of such notice have been filed with the records of the Authority and will
be filed with the City Council of the City of Virginia Beach.
The following individuals appeared and addressed the Authority:
Mr. Barry W. Hunter appeared on behalf of the Borrower. Mr. Hunter stated that the
Borrower was requesting the Authority to approve the issuance of refunding bonds in an amount
not to exceed $2,200,000 for the purpose of refinancing a 79 unit multifamily rental housing
project known as Dam Neck Square Apartments located at 1529 Meridian Way in the City of
Virginia Beach, Virginia. He indicated that the project was originally constructed with proceeds
from a bond issued in 1985 which was refunded by a 1988 bond issue. He indicated further that
the current financing was supported by a letter of credit issued by NationsBank, N.A. which
would expire in 1998 requiring the bonds to be redeemed or refinanced at that time. He then
stated the Borrower had obtained financing for the project through the Capital Markets Division
of Wachovia Corporate Securities, Inc. to be supported by a letter of credit to be issued by
Wachovia Bank of North Carolina. The original benefits of the project - the provision of
affordable sanitary and safe housing for low to moderate income families within the City of
Virginia Beach has been served and will continue to be served by the refinancing. In fact, the
issuance of the refunding bonds would result in the extension of the time period during which
the Borrower would have to comply with the set aside requirements under the tax laws and the
property restrictions originally recorded against the property.
No other persons appeared to address the Authority and the Chairman closed thc public
hearing.
The Authority then adopted a resolution recommending that the City Council approve the
issuance of the Bonds, directing the transmission to the City Council of a Fiscal Impact Statement
and recommending that this matter be considered at the Council's next regular or special meeting
at which this matter can be properly placed on the Council's agenda for hearing.
031~75.01
EXHIBIT C
RESOLUTION OF
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
WHEREAS, pursuant to a resolution adopted by the City of Virginia Beach Development
Authority (the "Authority") on December 10, 1985, the Authority issued its 1985 $2,465,000
Multifamily Residential Rental Revenue Bond (Dam Neck Square Apartments Facility) (the
"Original Bond") to finance for Dam Neck Square Apartments, L.C., a Virginia limited liability
comp. any (the "Company"), the planning, development, acquisition and construction of a
residential rental project containing 79 units (the "Project") located at 1529 Meridian Way in
Virginia Beach, Virginia; and
WHEREAS, pursuant to a resolution adopted by the Authority on March 8, 1988, the
Authority issued its Floating Rate Demand Multifamily Rental Housing Refunding Bonds (Dam
Neck Square Apartments Projec0 Series 1988 in the principal amount of $2,461,000 (the
"Outstanding Bonds") to refund the Original Bond; and
WHEREAS, the Company has requested the Authority to issue its Muitifamily Rental
Housing Refunding Revenue Bonds (Dam Neck Square Apartments Project) Series 1997 (the
"1997 Refunding Bonds") in an amount up to $2,200,000 to refund the Outstanding Bonds; and
WHEREAS, a public hearing has been held by the Authority as required by the Internal
Revenue Code, Section 15.1-1378.1 of the Code of Virginia of 1950, as amended, and
Chapter 514 of the 1983 Acts of the Gene~ Assembly of Virginia;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY:
1. That the Authority hereby recommends the Council of the City of Virginia
Beach (the "Council") approve the issuance of the 1997 Refunding Bonds at the Council's next
regular or special meeting at which this matter can be properly placed on the Council's agenda.
The Authority hereby directs the Chairman of the Authority to transmit the fiscal impact
statement, a reasonably detailed summary of the comments made at the public hearing, and a
copy of this resolution to the Council.
2. The recommendation given herein does not constitute any representation
or warranty as to the creditworthiness of the Project or the Company and the 1977 Refunding
Bonds shall provide that neither the Authority nor any other political subdivision of the
Commonwealth of Virginia shall be obligated to pay the 1997 Refunding Bonds or the interest
thereon or other costs incident thereto except from the revenues and monies pledged therefor and
derived from the Project or the Company and neither the faith or credit nor the taxing power of
the Commonwealth of Virginia or any political subdivision thereof shall be pledged to the
payment of the 1997 Refunding Bonds.
,
This resolution shall take effect immediately upon its adoption.
ADOPTED this 17th day of December, 1996.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
EXIIIBIT D
DISCLOSURE 8TATElVIENT
Applicant's Name(s): Dam Neck Square Apartments, L.C.
All Owuem df d~fferent from appl~.O: N/A
Date: November 29
.1996
Type of Application-'
Rezoning From
Conditional Use Permit:
Sueet Closure:
Subdivision Variance:
The following is to be completed by or for the Applicant:
1. ff the applicant is a CORPORATION, list all of the officem of the Corporation:
.
If the applicant is a PARTNERSHIP, FIRlVi or other Unincorporated Orgauizatio~ list ail members or
panners in the o~ganizatio-'-
lVlichael P. Rashkiud, Alan B. Rashkind, Bert Englauder, ~oseph ~. Basgier,
Lisbeth R. Hartzell aud the Julian Rashldud Trust
The following is to be completed by or for the Owner (if different from the applicanO:
If the applicant is a CORPORATION, list all of the officers of the Corporation:
If ihe applicant is a PARTNERSHIP, FIRM or other Unincorporated OrBaniza~on, Iisi all meml~m or
paUuem in ~he ~ou:
DAM NECK SQUARE APARTMEKI'S, LC.
a Vir~'nia limited liability company
Michael P. Rashkind, Mauas~
0~1~9~0,01
VIRGINIA
B SCH
Development Authority
One Columbus Center, State 300
V~rgnua Beach, VA 23462
(804) 499-4567
FAX (804) 499-9894
Kenneth F. Palmer, Cha:rman
Robin D. Ray, V, ce-Chmrman
F Dudley Fulton, Treasurer
Kenneth D. Barefoot, Secretary
W. Bramley Basmght III
David A K~ng, Jr
Thomas J. Lyons, Jr.
EXHIBIT E
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
MULTIFAMILY RENTAL HOUSING REFUNDING REVENUE BONDS
SERIES 1997
(DAM NECK SQUARE APARTMENTS PROJECT)
The Authority recommends approval of the captioned transaction. Public approval was given
prior to the issuance of the original bonds in 1985, which financed the planning, development,
acquisition and construction by Dam Neck Square Apartments of the apartment complex known
as Dam Neck Square Apartments (the "Project"), and prior to the issuance of the refunding
bonds in 1988. The original benefits of this Project - the provision of affordable sanitary and
safe housing for low to moderate income families within the City of Virginia Beach - continues
to be the basis for recommendation. The issuance of the 1997 Refunding Bonds will preserve
and extend the duration of the property restrictions, thereby assuring the City of Virginia Beach
that the benefits of the income restrictions applicable to these apartments will continue.
EXI-HB~ F
FISCAL IMPACT STATEMENT
FOR DAM NECK SQUARE APARTMENTS, L.C. PROJECT
DATE: NOVEMBER , 1996
TO: THE CITY COUNCIL OF VIRG1NIA BEACH, VIRGINIA
PROJECT NAME: DAM NECK SQUARE APARTMENTS
TYPE OF FACILITY: MULTIFAM~Y RENTAL HOUSING
1. Maximum amount of financing sought
$ 2,200,000
.
Estimated taxable value of the facility's
real property located in the mumcipality
$ 3,290,769
o
Estimated real property tax per year using
present tax rates
$ 40,148
.
Estimate personal property tax per year using
present tax rates
Se
Estimated merchants' capital (business license)
tax per year using present tax rates
N/A
.
Estimated dollar value per year of goods and
services purchased locally
$ 211,000
.
Estimated number of regular employees on year
round basis
8. Average annual salary per employee
$ 18,000
The information contained in this Statement is based solely on facts and estimates
provided by Dam Neck Square Apartments, L.C. and the Authority has made no independent
investigation with respect thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By:
Chairman
0318941 01
F. Yd-Im IT G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
MULTIFAMILY RENTAL HOUSING REFUNDING REVENUE BONDS
1. PROJECT NAME:
Dam Neck Square Apartments
2. LOCATION:
1529 Meridian Way
3. DESCRIPTION OF PROJECT:
Multifamily residential rental project
4. AMOUNT OF BOND ISSUE:
$2,200,000
5. PRINCIPALS:
Michael P. Rashkind
Alan B. Rashkind
Bert Englander
Joseph J. Basgier
Lisbeth R. Hartzell
Julian Rashkind Trust
6. ZONING CLASSIFICATION:
President zoning classification
of the Property
Multifamily residential (PDHI)
b. Is rezoning proposed?
No
If so, to what zoning
classification?
N/A
0318983 Oi
EXHIBIT H
City of Virginia Beach
INTER-OFFICE CORRESPONDENCE
DATE:
December 9, 1996
TO:
FROM'
SUBJECT:
Robin Ray, Chairman '1, ! ~ ,,~,h!~
Andrew M. Friedman, Director"', , '~ : t~i~ /~
Department of Housing and ueighborh&,o~~ervation ~
City of Virginia Beach Development Abthority Multifamily Rental Housing
Refunding Revenue Bonds (Dam Neck Square Apartments Project), Series
1997
The referenced project, Dam Neck Square Apartments, located at 1529 Meridian Lane,
Virginia Beach, Virginia, must, as a requirement of the original financing, rent at least
twenty percent (20%) of its units to individuals of Iow and moderate income, meeting
certain requirements.
To the extent the project is being managed in accordance with these requirements, it
is fulfilling the original purpose of providing this funding.
In addition, since the issuance of the referenced refunding bonds will extend the
effective period of the applicable requirements and property restrictions, it will provide
additional benefits. Therefore, I recommend approval of the refunding bonds.
AMF/ph
F:~lnbasket\pharvlo~dam
Item
CONSENT AGENDA
ORDINANCES
ITEM # 41635
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinances to establish the Ferry Farm House Restoration and
Maintenance in the Capital Improvement Program (CIP #3-107)
(BAYSIDE BOROUGH); and,
APPROPRIATE $68,550 from the sale of surplus property (excess adjacent right-of-
way); and,
Authorize the City Manager to execute an Agreement with the Friends of the Ferry
Plantation House, Inc. (Sponsored by Council Members Barbara M. Henley and Louis R.
Jones)
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
AN ORDINANCE TO ESTABLISH THE FERRY FARM HOUSE
RESTORATION AND MAINTENANCE PROJECT #3-107 IN THE
CAPITAL IMPROVEMENT PROGRAM, AND TO APPROPRIATE $68,550
FROM SALE OF SURPLUS PROPERTY TO FUND THE PROJECT
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WHEREAS, it is in the best interest of the City of Virginia Beach to preserve its
historical buildings and landmarks, one of these being the Ferry Farm House,
WHEREAS, the Ferry Farm House has been deeded to the City of Virginia Beach by
Friends of the Ferry Farm Plantation, Inc, with the understanding that the City would be
responsible for renovating the building and assuming maintenance responsibilities,
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WHEREAS, the Friends of the Ferry Plantation House, Inc, have agreed to exercise
every effort in raising additional funds towards this effort, and
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WHEREAS, as directed by Council resolution, there has been sold excess right-of-way
adjacent to the Ferry Farm House producing $68,550 in proceeds to be used to fund the project
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNC/L OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that there be established in the capital improvement program
the Ferry Farm House Restoration and Maintenance Project #3-107,
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BE IT FURTHER ORDAINED that $68,550 be appropriated to the Ferry Farm House
Restoration and Maintenance Project #3-107, and
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BE IT FURTHER ORDAINED that estimated revenue from the sale of surplus property
be increased in the amount of $68,550
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This ordinance shall be in effect from the date of its adoption
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Adopted the~
Beach, Virginia
1/4 day of
January., 1997, by the Council of the City of Virginia
F ~SWJ~COUNCILVferyfarm ord
APPROVED AS TO CONTENT
Del~art~
APPROVED Al; TO
LEGAL SUFFICIENCY
SPONSORED BY COUNCILMEMBERS BARBARA M. HENLEY AND LOUIS R. JONES
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THE FRIENDS OF THE
FERRY PLANTATION HOUSE, INC. PERTAINING TO THE
RESTORATION AND MAINTENANCE OF THE FERRY FARM
HOUSE
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WHEREAS, the City is the owner of an historic structure
located in the Bayside Borough and known as the Ferry Farm House
(House);
WHEREAS, the Friends of the Ferry Plantation House, Inc.
(Friends) is a non-stock, non-profit Virginia corporation organized
exclusively for charitable and educational purposes, and having as
its primary objective the preservation and restoration of the
House; and
WHEREAS, the "Friends" and the City desire to work
together in a common effort to restore and preserve the House in a
manner consistent with the historical integrity of the property,
and subject to funds available for such purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed
to execute, on behalf of the City of Virginia Beach, an agreement
with the Friends of the Ferry Plantation House, Inc. in a form
substantially as presented in the Agreement which is attached
hereto.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14 day of January, 1997.
CA-6528
ORD IN \ NONCODE \ FERRY . ORD
R-1
PREPARED: 01 / 07 / 97
APPROVED AS TO LEGAL
SUFFICIENCY
D~rtmcnt of Law
This Agreement dated this day of , 1997
between the CITY OF VIRGINIA BEACH, a Municipal Corporation of the Commonwealth of
Virginia (City) and the FRIENDS OF THE FERRY PLANTATION HOUSE, INC. (Friends),
WITNESSETH
WHEREAS, the City is the Owner of an historic house located in the Bayside
Borough of the City of Virginia Beach known as the Ferry Farm House (House); and
WHEREAS, the "Friends" is a non stock, non profit Virginia corporation,
organized exclusively for charitable and educational purposes and having as its primary objective
the preservation and restoration of the House; and
WHEREAS, the City and the Friends desire to work together in a common effort
to preserve and restore the House and toward that end have entered into this Agreement.
THEREFORE, for and in consideration of the promises contained herein and for
other good and sufficient consideration, the parties agree as follows:
1. The City agrees to appropriate for expenditure for maintenance and
restoration of the House $68,550.00 (City Funds). City Funds shall be expended
in accordance with the terms of this Agreement.
2. The Friends, consistent with their Articles of Incorporation and in
conformity with all applicable laws, agree to exercise their best efforts to raise
funds through charitable solicitations/fund raising to be utilized by the City and
the Friends to restore and maintain the house.
3. The parties agree to coordinate and direct the maintenance and restoration
of the House and grounds in accordance with plans approved by the City's
Director of General Services. This restoration shall include cleaning up the
grounds, porches and other areas that need immediate attemion and completing
initial work on the outside of the House to protect against further damage by
weather and improve the exterior appearance of the House. Prior to the
commencement of any restoration work, the parties agree to obtain advice and
recommendations from persons trained in the field of architecture and/or
architectural history and to give due consideration to the advice obtained. In
addition, the City's Director of General Services must approve the plans for
restoration of the House and grounds prior to commencement of construction.
The scope of the City's efforts and its share of the cost in completing this phase
of the work must be approved by the City's Director of General Services, but
cannot exceed $68,550.00.
4. The City agrees to pay for all reasonable utility costs used or consumed with
respect to renovation and restoration of the property during the term of this Agreement.
5. The parties shall prepare a maintenance/restoration plan and budget which
may reasonably be undertaken and successfully accomplished giving consideration
to the funds from all sources which are or will be available for such purpose.
6. The parties shall not enter into any contract unless funds are currently
available to satisfy the financial obligation thereby incurred.
7. City Funds, in the discretion of the Director of General Services, may be
expended directly for approved maintenance/restoration of the House or may be
provided to the Friends for such purpose.
8. Funds raised by the Friends may be expended directly for approved
maintenance/restoration or may be provided to the City for such purpose.
9. The parties acknowledge that in its current condition the House may
present a safety hazard. Therefore the parties agree that until such time as the
premises are stabilized to the extent that the City determines such hazardous
situation to be removed, access to the premises shall be restricted to City
personnel and such contractors and/or volunteers who may be authorized to enter
by the City's Director of General Services to perform repair/maintenance service.
10. All work planned and undertaken on the House shall be in conformity with
all applicable laws, including without limitation, city land use and Historic review
regulations.
11. The City and the Friends shall each, upon request by the other, be
permitted to examine each others books of account for receipts and expenditures
undertaken in furtherance of this Agreement.
12. All notices required to be given in accordance with this agreement shall
be provided as follows:
If to the City:
Director of General Services
Municipal Center
Virginia Beach, Va. 23456
If to the Friends:
Eleanor H. Howren, President
3560 Dandelion Crescent
Virginia Beach, Va. 23456
13. Term of Agreement - This Agreement shall be valid for a period of five
(5) years, from the date of its execution. Provided, however, either party may
terminate this Agreement upon providing 30 days notice of its intention to do so
to the other party.
14. The parties by their signatures hereto represent that their respective
governing bodies have approved this Agreement and have authorized their
respective officers to execute same on their behalf.
CITY OF VIRGINIA BEACH, a
municipal corporation of the
Commonwealth of Virginia
By
City Manager/Authorized
Designee of the City Manager
SEAL
ATTEST:
·
Ruth Hodges Smith
City Clerk
FRIENDS OF THE FERRY
PLANTATION HOUSE, INC.
(SEAL)
ATTEST:
G \DEEDS\WORKING\DF3801 AGR
President
XPPROVED AS TO CONTENTS
SIGNATURE
·
D~'.~ARTMENT
rAPPROVED ~ TO LEO~
- 23 -
Item IV-K.2.
CONSENT AGENDA
ORDINANCES
ITEM # 41636
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to authorize a temporary encroachment into a portion of the
right-of-way of Blackwater Road to John M. Franklin, Inc., T/,4
Blackwater Trading Post re maintenance of an existing business
advertising sign and paved parla'ng lot (BLACKWATER BOROUGH),
subject to:
The following conditions shall be required:
That the encroachment 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 of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location.
That the encroachment shall terminate upon notice by the City
of Virginia Beach to the applicant, and that within thirty (30)
days after such notice is given, such encroachment shall be
removed from the City's right-of-way, known as Blackwater
Road, by the applicant; and, that the applicant shall bear all
costs and expenses of removal.
That the applicant shall indemnify and hold harmless the City
of Virginia Beach, 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 such
encroachment.
That no permission or authority is given to the applicant 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. That the applicant agrees to maintain the encroachment so as
not to become unsightly or a hazard.
That the applicant must submit and have approved a traffic
control plan before commencing work in the City's right-of-
way.
That the applicant must obtain a permit from the Development
Services Center prior to commencing construction within the
City's right-of-way.
That prior to issuance of a Highway permit, the applicant must
post a Performance Bond in the amount of Five Hundred
Thousand Dollars ($500,000. 00).
That any above-ground encroachments shall conform to the
minimum setback requirements, as established by the City
Traffic Engineer's Office.
January 14, 1997
- 24 -
Item
CONSENT AGENDA
ORDINANCES
ITEM # 41636 (Continued)
10.
11.
That the applicant shall submit, for review and approval, a
survey of the area being encroached upon, certified by a
professional engineer and/or as -built plans of the
encroachment, if required by either the City Engineer's Office
or the Engineering Division of the Public Utilities Department.
That the City, upon revocation of such authority and permission
so granted, may remove any such 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 such encroachment; and
pending such removal, the City may charge the applicant for
the use of such portion of the City's right-of-way encroached
upon 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 specified
by the City, the City shall impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that
such encroachment is allowed to continue thereafter, and shall
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:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
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AN ORDINANCE TO AUTHORIZE
A TEMPORARY ENCROACHMENT
INTO A PORTION OF THE
RIGHT-OF-WAY OF
BLACKWATER ROAD TO JOHN
M . F R A N K L I N ,
INCORPORATED, T/A
BLACKWATER TRADING POST
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in Section 15.1-893, Code of Virginia, 1950, as amended,
John M. Franklin, Incorporated, T/A Blackwater Trading Post, is
authorized to maintain a temporary encroachment into the
right-of-way of Blackwater Road in association with its business
located at 5605 Blackwater Road, Virginia Beach, Virginia 23457-
1000.
That the temporary encroachment herein authorized is for
the purpose of maintaining an existing business advertising sign
and paved parking lot and that said encroachment shall be
constructed and maintained in accordance with the City of Virginia
Beach Public Works Department's specifications as to size,
alignment and location, and further that such temporary
encroachment is more particularly described as follows:
An area of encroachment into a
portion of the City's right-of-way
known as Blackwater Road, on those
certain plats entitled: "Exhibit
A" and "Exhibit B", copies of which
are on file in the Department of
Public Works and to which reference
is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment herein
authorized shall terminate upon notice by the City of Virginia
Beach to any officer of John M. Franklin, Incorporated, T/A
Blackwater Trading Post and that within thirty (30) days after such
notice is given, said encroachment shall be removed from the City's
right-of-way of Blackwater Road and that John M. Franklin,
Incorporated, T/A Blackwater Trading Post, shall bear all costs and
expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that John M. Franklin, Incorporated, T/A Blackwater
Trading Post, shall indemnify and hold harmless the City of
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Virginia Beach, 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 such
encroachment.
AND, PROVIDED FURTHER, that John M. Franklin,
Incorporated, T/A Blackwater Trading Post understands and agrees
that no permission or authority is given to the said John M.
Franklin, Incorporated, T/A Blackwater Trading Post 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 any
one other than John M. Franklin, Incorporated, T/A Blackwater
Trading Post.
AND, PROVIDED FURTHER, that John M. Franklin,
Incorporated, T/A Blackwater Trading Post, agrees to maintain said
encroachment so as not to become unsightly or a hazard.
AND, PROVIDED FURTHER, that John M. Franklin,
Incorporated, T/A Blackwater Trading Post, agrees to submit and
have approved a traffic control plan before commencing work in the
City's right of way.
AND, PROVIDED FURTHER, that John M. Franklin,
Incorporated, T/A Blackwater Trading Post, must obtain a permit
from the Development Services Center prior to commencing
construction within the City's right of way.
AND, PROVIDED FURTHER, that prior to issuance of a
Highway permit, John M. Franklin, Incorporated, T/A Blackwater
Trading Post must post a Performance Bond in the amount of Five
Hundred Thousand Dollars ($500,000.00).
AND, PROVIDED FURTHER, that any above ground
encroachments shall conform to the minimum setbacks requirements,
as established by the City Traffic Engineering Office.
AND, PROVIDED FURTHER, that the applicant shall submit
for review and approval, a survey of the area being encroached
upon, certified by a professional engineer, and/or as built plans
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of the encroachment, if required by either the City Engineer's
Office or the Engineering Division of the Public Utilities
Department.
AND, PROVIDED FURTHER, that the City, upon revocation of
such authority and permission granted, may remove any such
encroachment and charge the cost thereof to John M. Franklin,
Incorporated, T/A Blackwater Trading Post, and collect the cost in
any manner provided by law for the collection of local or state
taxes; and pending such removal, the City may charge John M.
Franklin, Incorporated, T/A Blackwater Trading Post for the use of
such portion of the City's right of way encroached upon the
equivalent of what would be the real property tax upon the land so
occupied if it were owned by John M. Franklin, Incorporated, T/A
Blackwater Trading Post; and if such removal shall not be made
within the time specified by the City, the City shall impose a
penalty in the sum of One Hundred Dollars ($100.00) per day for
each and every day that such encroachment is allowed to continue
thereafter, and shall collect such compensation and penalties in
any manner provided by law for the collection of local or state
taxes.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that John M. Franklin, Incorporated, T/A
Blackwater Trading Post execute an agreement with the City of
Virginia Beach encompassing the aforementioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14 day of January , 19 97 .
106 CBC/tga
APPROVED AS TO
LEGAL SUFFICIENCY
Al:PROVED AS TO CONTEN'I
.
DEPARTMENT
BUSINESS ADVERTISING SIGN AND PAVED PARKING LOT ENCROACHMENT
FOR
JOHN M. FRANKLIN, INCORPORATED T/A BLACKWATER TRADING POST
LOCATION
MAP
... ,, 371~q
?72
SIGN
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D/F POLE SIGN W/P,N'q-FORMED & EMBOSSED FACES
DAli' 19 JUtE 95
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OI~.C' ~ I071
SPECIFICATIONS
coP~
BACKGROUND
MAIE~IAI - -
FABR~K:)N-
F,4BRk~4~J~
SIGNMedi~
INCORPORAII
THIS AGREEMENT, made this day of ,
19 ~, by and between the CITY OF VIRGINIA
BEACH,
VIRGINIA,
a
municipal corporation, Grantor, party of the first part, and JOHN
M. FRANKLIN, INCORPORATED, T/A BLACKWATER TRADING POST, a
Virginia corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
Grantee, party of the second part.
WITNESSETH:
That, WHEREAS, it is proposed by the party of the
second part to maintain an existing business advertising sign and
paved parking lot in the City of Virginia Beach; and
WHEREAS, in maintaining such business advertising sign
and paved parking lot, it is necessary that the said party of the
second part encroach into a portion of an existing City right-of-
way known as Blackwater Road; and said party of the second part
has requested that the party of the first part grant a temporary
encroachment to facilitate such business advertising sign and
paved parking lot within a portion of the City's right-of-way
known as Blackwater Road.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's right-of-way known as
Blackwater Road for the purpose of maintaining such business
advertising sign and paved parking lot.
It is expressly understood and agreed that such
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 of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's right-of-way known as Blackwater
Road as shown on those certain plats
attached hereto as "Exhibit A" and "Exhibit
B" to which reference is made for a more
particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's right-of-way known as Blackwater Road by the party of the
second part; and that the party of the second part shall bear all
costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, 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
such temporary encroachment.
. stood and agreed that
~.. ,~nder -- such
It ~ ained shall . the maintena .
hing herein con~ to permit :~dhere~n
not _.,~horitY
· _ and ~ ~ other tn~ - -errant the
permiss~O~ --enCr°ac~en= --in, nor to ~ _ _
tructiOn of any ~_,~ speCffied he== ~ ~,, anyone otbe~
th
and to
than the party of the seCOnd part- agreed that the
said encr°aC~ent so
It is
party of the second part agrees to maintain
as not to become unsightly or a hazard'stOOd and agreed that the
further expreSslY under approved a traffic
It fs , ight_of-waY·
party of the seCOnd pa~t must submit and ha~e
that the
control plan before c°~encing work fn the city s r
from the
It fs further expressly understOOd and agreed
conStructiOn
party of the second part must obtain a permit
Development ServfceS center prior to c°~encing any
of-waY. d and agreed that
..... ' s r ~ght- underst°° - seCOnd
within the c~'u~ resSlY of the
-t fs further exP ermit, the party of public
1 of a Bighwa~ p ~ shOW proof s
· ssuance __ ~ond aha _~ Dollar
pr for to ~ -ost a ?erf°rma~cu -of Five Bundred ThOUSa~u
st ~ '
part mu ~ : in~m~
liability insurance o~
($500 ,000'00] exPressly understood and agreed that any
setbaCkS
It ~s further Engineer' s
above ground enCr°ac~entS shall conform to the minim~
requirements' as established bY the City Traffic
office' 3
It is further expressly understood and agreed that the
party of the second part shall submit for review and approval, a
survey of the area being encroached upon, certified by a
professional engineer, and/or "as built" plans of the
encroachment, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, the said John M. Franklin,
Incorporated, T/A Blackwater Trading Post, has caused this
Agreement to be executed in its corporate name and on its behalf
by its president with due authority by its board of directors.
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
( SEAL )
ATTEST:
By
City Manager/Authorized
Designee of the City Manager
City Clerk
APPROVED AS 10 CON[ENi'
_. /,/,;./' (~,_
~IGN,\IURE
DEPARTMFNT
JOHN M. FRANKLIN, INCORPORATED,
T/A BLACKWATER TRADING POST
-~n'M. ~rankli~, "pfeS~de~_t
( SEAL )
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary
Public in and for the City and State aforesaid, do hereby certify
that , CITY MANAGER/AUTHORIZED DESIGNEE OF
THE CITY MANAGER, whose name is signed to the foregoing Agreement
bearing date on the day of , 19__, has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of ,
19 .
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the day of , 19 ~, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of ,
19 .
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Jt~ ~"~I~ F(.~/'~ ~-~% , a Notary
I,
Public
in and for the City and State aforesaid, do hereby certify that
JOHN M. FRANKLIN, President, on behalf of JOHN M. FRANKLIN,
INCORPORATED, T/A BLACKWATER TRADING POST, whose name is signed
to the foregoing writing, bearing date the ~'~/ day of
~.. t tt/~ ~ , 19~{~', has acknowledged the same before
me in my City and State aforesaid.
Given under my
hand this -~ ! day of
..... Nota~y/P{iblic
My Commission Expires:
/ ~
- 25 -
Item IV-K.3.
CONSENT AGENDA
ORDINANCES
ITEM # 41637
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance authorizing license refunds in the amount of $127,203.57
upon application of certain persons and upon Certification of the
Commissioner of the Revenue.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
FO~ NO ¢ A I ~V
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcat~ons for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Colon, Des~ F
1237 Gun Hall Dr~ve #A
V~rg~n~a Beach, VA 23454
(The) Elhs Group L~m~ted
509 Dunmore Street
Norfolk, VA 23510
Hampton Roads Contractors, Inc
4310 In,an R~ver Road S-4
Chesapeake, VA 23325
Hayden, Thomas M & Janet A
8128 JerryLee Dr~ve
Norfolk, VA 23518
1995-96 Audit
1995-96 Audit
18 45
138 82
1995 Audit 138 66
1995 Audit
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $305.93
18 45
of the C~ty of V~rg~n~a Beach on the
138 82
138 66
10 00
10 00
Certified as to Payment
Commissioner of the Revenue
Approved as to form
Le~,~-I Lilley
C~j Attorney
were approved by the Council
day of January
,19 97
Ruth Hodges Smith
City Clerk
FOI~ NO GA III~V ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for hcense refunds, upon cerbficat~on
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Heron Assooates
615 N B~rdneck Road
V~rgm~a Beach, VA 23451
Magu~re Associates, Inc
770 Lynnhaven Parkway #240
V~rg~n~a Beach, VA 23452
Secunty Systems of T~dewater, Inc
3710 Indian R~ver Road
Chesapeake, VA 23325
1995-96 Audit 112 33
1995 Audit 7,407 03
1994-96 Audit 376 O0
11233
7,407 03
376 O0
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $7,895 36
14
of the C~ty of V~rg~n~a Beach on the
Certified as to Payment
~_..~b'~rt P Vaughan
Commismoner of the~:levenue
Approved as to form
LL--e~li~9 L Lille~"' '-" -/~.~~
O~ Attorney
were approved by the Council
January
day of
,19
97
Ruth Hodges Smith
City Clerk
~ORI4 NO CA II~V ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for license refunds, upon certihcat~on
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Copeland, Horton D Jr
1874 N Cherry Grove Road
Suffolk, VA 23432
Stephenson, Thomas M
3858 Chimney Creek D.ve
V~rg~n~a Beach, VA 23462
T. ple L-N & S, Inc
1723 Route 17
Yorktown, VA 23693
1994.-96 Audit
1995 Audit
- ~,
180 16 180 16
15 85 15 85
1996 Audit 521 56 521 56
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) total,ng $717 57
of the C~ty of V~rg~n~a Beach on the 14th
Certified as to Payment
.~bert P Vaugh~n ~ Comm~smoner of the ReVenue
Approved as to form
~e~~
City Attorney
were approved by the Council
day of January
,19
97
Ruth Hodges Smith
City Clerk
- 26 -
Item II~-K.4.
CONSENT AGENDA
ORDINANCES
ITEM # 41638
ADD-ON
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Resolution requesting the Planning Commission study City zoning
regulations pertaining to lodging units with kitchen .facilities.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S McClanan,
Mayor Meyera E. Oberndo~ Nancy lC. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
Requested by Councilmember Linwood O. Branch, III
A RESOLUTION REQUESTING THE PLANNING
COMMISSION TO STUDY CITY ZONING REGULATIONS
PERTAINING TO LODGING UNITS WITH KITCHEN
FACILITIES
WHEREAS, the City Zoning Ordinance definition of the term
"lodging unit" does not include units which are larger than 650
square feet in area and which have independent kitchen facilities;
and
WHEREAS, it is the sense of the City Council that the
aforesaid limitation upon the size of lodging units with kitchen
facilities should be reviewed;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Planning Commission is hereby requested to study the
advisability of amending the definition of the term "lodging unit"
set forth in Section 111 of the City Zoning Ordinance insofar as
such definition limits the maximum area of lodging units with
kitchen facilities, and to report its recommendations to the City
Council by May 1, 1997.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 14th day of January, 1997.
CA-97-6535
noncode\ lodging, res
R-1
January 14, 1997
- 27 -
Item IV-L.
PUBLIC HEARING
ITEM # 41639
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. R. LEWIS BOGGS
STREET CLOSURES
2. POTTERS ROAD INVESTMENT GROUP
STREET CLOSURE
3. EDMUND C. RUFFIN/BQTS ASSOCIATES, L.P,
A VIRGINIA LIMITED PARTNERSHIP
STREET CLOSURE
4. DANIEL J. PERRELLA
ENLARGEMENT OF ,4
NON-CONFORMING USE
$. WILLIAMS HOLDING
RECONSIDERATION OF
MODIFIED CONDITIONS
6. FAITH WORKS CHURCH
CONDITIONAL USE PERMIT
7. ROBERT B. AND ORIS L. HOLT
CONDITIONAL USE PERMIT
8. SELINA DILI~IRD
CONDITIONAL USE PERMIT
9. SHERRY D. ORTIZ
CONDITIONAL USE PERMIT
10. MAX MEDIA PROPERTIES, LL.C.
CONDITIONAL USE PERMIT
II. WIRELESS PCS, INC.
AGENT FOR ,4 T & T WIRELESS PCS, INC.
CONDITIONAL USE PERMIT
12. AIR RAIL PROPERTIES
CONDITIONAL USE PERMIT
13. NORTHAMPTON BUSINESS CENTER - III
CHANGE OF ZONING
14. PEMBROKE ME,4DOWS ASSOCIATES
CHANGE OF ZONING
January 14, 1997
- 28 -
PUBLIC HBARING
ITEM # 41640
PLANNING BY CONSENT
Upon motion by V~ce Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in
ONE MOTION Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13 and 14 of the PLANNING BY CONSENT Items.
Item 1 a. was DEFERRED FOR AN ADDITIONAL 180 days B Y CONSENT until the City Council
Session of July 8, 1997.
Item I b. was WITHDRAWN BY CONSENT.
Item 2 DEFERRED FOR AN ADDITIONAL 180 days BY CONSENT until the City Council
Session of July 8, 1997.
Item 5 was WITHDRAWN BY CONSENT.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William gE.
Harrison, Jr., Barbara M. Henley, Louis I~ Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
lVon e
Council Members Absent:
None
Councilman Harrison ABSTAINED on Item 1 (R. LEWIS BOGGS), as his law firm from time-to-time
represents R. Lewis Boggs.
January 14, 1997
- 29 -
Item IV-L.la~.
PUBLIC HEARING
ITEM tt 41641
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branct~ City Council DEFERRED, BY
CONSENT, FOR AN ADDITIONAL 180 DAYS UNTIL JULY 8, 1997 the Ordinances re
discontinuance, closure and abandont~ent in the Petition of R. LEWIS BOGGS (]~IRGINL4 BEACH
BOROUGH): (Parcels I and 2):
Parcel 1: Alleyway located between ?,gth and 30th Streets beginning at
the Western boundary of Arctic Avenue and running in a Westerly
direction to the Eastern boundary of Holly Road
Parcel 2: Alleyway located 140.15 ,feet North of 27th Street beginning
at the Eastern boundary of Holly Road and running 49.93 ,feet in an
Easterly direction (Parcels I and 2 contain 6086.45 square .feet).
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~
Nancy IC Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
William W.. Harrison, Jr.
Council Members Absent:
None
Councilman Harrison ABST~NED on Item 1 (R. LEWIS BOGGS), as his law firm from time-to-time
represents It. Lewis Boggs.
January 14, 1997
- 30 -
Item IV-L.I.b.
PUBLIC HE, ARING
ITEM # 41642
P~NING BY CONSENT
Upon motion by P~ce Mayor Sessoms, seconded by Councilman Branch, City Council ALLOWED
WITHDRAWAL Ordinance re discontinuance, closure and abandonment in the Petition of R. LEWIS
BOGG$ (VIRGINIA BEACH BOROUGH):
Portion of Baltic Avenue beginning at a point 300 feet South of Laskin
Road and running in a Southwesterly direction along the Eastern
property line a distance of 842.52 feet more or less to the Western
boundary of Holly Road, containing 1.131 acres.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold lteischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
William W. Harrison, Jr.
Council Members Absent:
None
Councilman Harrison ABSTAINED on Item 1 (R. LEWIS BOGGS), as his law firm from time-to-time
represents R, Lewis Boggs.
January 14, 1997
- 31 -
Item IV-L.2.
PUBLIC HBARING
ITEM # 41642
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED, BY
CONSENT, FOR AN ADDITIONAL 180 DAYS UNTIL JULY 8, 1997, the Ordinance upon application
of POTTER'S ROAD INVESTMENT GROUP for the discontinuance, closure and abandonment of a
portion of Potters Road,
Application of Potters Road Investment Group for the discontinuance,
closure and abandonment of a portion of Potters Road beginning at the
southeast intersection of Potters Road and Wesley Drive and running in
a easterly direction a distance of 270 feet more or less. Said parcel
contains 6,577.56 square feet. LYNNHAVEN BOROUGH.
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
- 32 -
Item I~-L.$.
PUBLIC HEARING
ITEM # 41643
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED
UPON COMPLIANCE OF CONDITIONS BY JULY 8, 1997, the Petition of EDMUND C.
RUFFIN/BQTS ASSOCIATES, L~., A Virginia Limited Partnership, for the discontinuance, closure and
abandonment of a fifteen-foot (15')-alley:
Application of Edmund C. Ruffin/BQTS Associates, L.P., a Virginia
Limited Partnership for the discontinuance, closure and abandonment of
a 15' alley located between 6th Street and 7th Street beginning at the
eastern boundary of Pacific Avenue and running easterly to the western
boundary of Atlantic Avenue adjacent to Lots 1-6 & Lots 7-12, Block
6, Plat of The Ocean LOt Investment Co. Said alley contains 4,101 square
feet. VIRGINL4 BEACH BOROUGH.
The following conditions shall be required:
I!
The City Attorney's Office shall make the final determination
regarding ownership of the underlying fee. The purchase price
to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets
Pursuant to Street Closures," approved by City Council.
Copies of the policy are available in the Planning Department.
The applicant is required to resubdivide the property and
vacate internal lot lines to incorporate the closed area into
adjoining parcels and ensure that all lots have access to a
public street.
The applicant is responsible for determining if any private
utilities are located within the area proposed for closure and
working with the private utility companies to provide any
necessary easements. Preliminary comments from the private
utility companies indicate that no private utilities will be
impacted.
A twenty-foot (20')-wide public utility easement must be
centered over the water main existing within the right-of-way
if this main is to be retained. No building or similar structure
may be built over the existing water main. The applicant has
the option of relocating or abandoning the waterline. Current
plans indicate that the line will be abandoned.
Closure of this right-of-way is contingent upon compliance
with the above-stated conditions within 180 days of approval
by City Council.
January 14, 1997
- 33 -
Item IV-L.3.
PUBLIC HEARING
ITEM # 41643 (Continued)
PLANNING BY CONSENT
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W..
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
- 34 -
Item I~-L.4.
PUBLIC H~NG
ITEM tt 41644
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the
APPLICATION and ADOPTED a SOLUTION of DANIEL J. PERRELLA for the enlargement of a
nonconforming use in rheA-12 District by adding 1,064 square feet of living area and a 228 square foot
porch at 313 33rd Street on a 7,000 square-foot lot (VIRGINIA BEACH BOROUGH),
Resolution Authorizing the Enlargement of a Nonconforming Structure
on property located at 313 33rd Street, in the Borough of Virginia Beach.
The following condition shall be required:
The structure, as enlarged, shall conform to the plans and
specifications exhibited to the City Council on the date of
adoption of this Resolution and on file with the Department of
Planning.
l, ro tin g :
11-0 (By ConsenO
Council Members l/'oting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members F'oting Nay:
None
Council Members Absent:
None
January 14, 1997
A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A
NONCONFORMING STRUCTURE ON PROPERTY LOCATED AT
313 33RD STREET, IN THE BOROUGH OF VIRGINIA
BEACH
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
30
31
32
WHEREAS, Daniel J. Perrella has made application to the
City Council for authorization to enlarge an existing four-unit
multiple-family dwelling situated on a lot or parcel of land having
the address of 313 33rd Street, in the A-12 Apartment District; and
WHEREAS, the said multiple-family dwelling is
nonconforming, in that the density of dwelling units on the subject
lot exceeds the density permitted in the A-12 Apartment District;
and
WHEREAS, pursuant to Section 105 of the City Zoning
Ordinance, the enlargement of the aforesaid structure would be
unlawful in the absence of a resolution of the City Council
authorizing such enlargement upon a finding that the proposed
structure, as enlarged, is equally appropriate or more appropriate
to the zoning district than is the existing structure;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby finds that the proposed
multiple-family dwelling, as enlarged, would be equally appropriate
to the zoning district as is the existing structure.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the proposed enlargement of the subject multiple-
family dwelling be, and hereby is, authorized, upon the following
condition:
1. The structure, as enlarged, shall conform to the
plans and specifications exhibited to the City Council on the date
of adoption of this Resolution and on file with the Department of
Planning.
33
34
the 14th
Adopted by the Council of the City of Virginia Beach on
day of January, 1997
35
36
37
38
CA-96-6504
wmordres\perrella.res
R-1
December 6, 1996
APPROVED AS TO CONTENT
APPI~OVED AS TO LEGAL //
'Y
.GENERAL INFORMATION
Application History:
This request was deferred at the City Council's December 17, 1996 public
hearing to allow the applicant the opportunity to address staff concerns
generated by this proposal. Changes have been made to the plan and are
reviewed below.
Site Location: 313 33rd Street, Virginia Beach Borough
Request:
Enlargement of a non-conforming structure. The density of the existing four
unit structure is nonconforming. Under the current A- 12 regulations the site is
large enough for approximately 2 units.
Purpose:
To provide for a 1,064 square foot expansion of an existing 4-unit apartment
building, and to allow for the construction of a 228 square foot porch to be
added to the existing structure.
Site Size:
7,000 square feet.
Zoning:
A- 12 Apartment District
SUMMARY OF REQUEST
The applicant is requesting permission to expand a nonconforming four unit apartment building
The existing units each have one bedroom, a bath, a small kitchen and a small living room. The
applicant reports that there is no closet space in the units and only a minimal eating area. It is the
intent of the applicant to add a 14'X 16' room addition to each unit. The addition would allow
for an larger living room area and an enlarged dining area. No additional bedrooms would be
added. A front porch would also be added to the first floor, improving the aesthetics of the
apartment building. The aesthetics will also be improved by a new planting bed to be added to the
front of the structure.
Significant improvement will also be made to the on-site parking situation. Currently, there is a
paved area to the rear of the apartment building where approximately four cars can be parked in a
somewhat haphazard manner. The proposed site plan shows removal of an existing block wall
and a reconflguration of the parking area to accommodate eight standard parking spaces and a 12
foot wide drive aisle.
The proposed addition will not meet the front or side yard setbacks for the A-12 Apartment
District. The proposed porch will have a front yard setback of 20 feet The side yard setbacks of
the addition will match the existing setbacks of 4.27 feet on the east side and 7 feet on the west
side. On December 18, 1996, the Board of Zoning Appeals approved the variance requests to
permit the proposed addition. The Board of Zoning Appeals found that the proposed front yard
setback of 20 feet was in keeping with other structures in this residential block.
Surrounding Land Use and Zoning:
North: A mixture of offices and residential dwellings, including single family,
duplex and multifamily dwellings. Zoning to the north is also a mix,
including RT-3 Resort-Tourist District, 0-2 Office District and A-12
Apartment District.
South: Vacant property, zoned RT-3 Resort-Tourist District zoning.
East: Multi-family dwellings and a small motel, zoning is primarily RT-3
Resort Tourist District.
West: Multifamily dwellings, zoning to the west is a mix, including A- 12 &
A-24 Apartment and RT-3 Resort-Tourist District zoning.
Zoning History:
On September 26, 1988 City Council granted a change of zoning from A-12 Apartment District to
RT-4 on property located to the north, a request to establish a home for the aged on the site was
denied on the same date.
AICUZ: The parcel is located in Noise Zone M surrounding NAS Oceana.
COMPREHENSIVE PLAN
The Comprehensive Plan land use map designates this site for multi-family residential use.
PUBLIC SERVICES AND FACILITIES
Fire Protection: Adequate
Police Protection: Adequate
EVALUATION
Since this request was deferred by City Council on December 17th, the applicant has significantly
improved the application and approval is now recommended. While the overall density on the site
does generate some concern, the proposal does not increase the number of units or the number of
bedrooms and the positive aspects of the request render it more acceptable to the neighborhood than
the existing building. The aesthetics of the existing structure will be improved with a new front to
include a porch and landscaping. The increase from four nonstandard parking places to eight
standard parking spaces is significant at this location where sufficient parking is a concern.
The applicant's intent to upgrade the entire property and increase on-site parking will help stabilize
this residential neighborhood. The approved side yard variances do not increase the amount of
encroachment into the side yards beyond what currently exists, and the approved front yard variance
will provide for a setback in keeping with the adjoining multi-family structures
Conditions
If approved, the following should be a condition of this expansion of a nonconforming use:
1. The structure, as enlarged, shall conform to the plans and specifications exhibited to the City Council on the
date of adoption of the Resolution and on file with thc Department of Planning.
'1
i i ii __
DISCLOSURE STATEMENT '
Date:
Applicant's Nnme(s)**, . ~')G FXi e I,
All Owners ~'d(drrtwnt JJ.om ~p/fcdn0: ~,
IUll I I Il I
Type of Application**
Rezoning: From
Conditional Use Permit
-To
Street Closure
Subdivision Variance
Other t~O Ft(~mC~rm, ctct
l®
The following is to be COlnpleted by or for the Applicant
If the applicant is a CORPORATION, list all the officers of the Corporation:
o
if the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all
members or partners in the organization:
II
1'lie following is to be completed by or for the Owner fi/different from the applicant)
If the owner is a CORPORATION, list all the officers of the Corporation:
·
o
if the owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all
members or partners in the organization:
Sig.attlre
Title
Item IV-L.$.
PUBLIC HEARING
ITEM # 41645
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ALLOWED
WITHDRAWAL of MODIFIED CONDITIONS approved on 12 November 1996 Conditional Use Permit
application of WILLIAMS HOLDING CORPORATION for a borrow pit (previously approved 23
February 1993) re permitting the mix of waste material from sandblasting ("black sand") with sand being
excavated from an existing borrow pit on property 200 feet more or less North of Kempsville Road
beginning at a point 290 feet more or less West of Centerville Turnpike, containing 35.7 acres
(KEMPS~LLE BOROUGH).
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
Item IV-L.6.
PUBLIC HEARING
ITEM # 41646
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED
Ordinance upon application of FAITH WORKS CHURCH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF FAITH WORKS CHURCH FOR
A CONDITIONAL USE PERMIT FOR A CHURCH R01972084
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Faith Works Church for a Conditional
Use Permit for a church at the northwest corner of Lynnhaven Parkway
and Pleasant Valley Road. Said parcel is located at 4221 Pleasant galley
Road and contains 9.863 acres. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1,
Based on the existing parking allocation of 24 spaces, the
number of seats shall not exceed 120 or any other arrangement
acceptable to staff.
2. Approval shall be limited to a period of two (2) years.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of January, Nineteen
Hundred and Nine~_ -Seven.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
- 37 -
Item IV-L. 7.
PUBLIC HEARING
ITEM # 41647
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED
Ordinance upon Application of ROBERT B. and ORRIS L. HOLT for a Conditional Use Permit
ORDINANCE UPON APPLICATION OF ROBERT B. AND ORRIS L.
HOLT FOR A CONDITIONAL USE PERMIT FOR A HOME
OCCUPATION (DAY CARE) R01972085
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI~ OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Robert B & Orris L. Holt for a
Conditional Use Permit for a home occupation (day care) on Lot 219,
Section 3, Salem Village. Said parcel is located at 4169 Rainbow Drive
and contains 5,003 square feet. KEMSPVILLE BOROUGH.
The following conditions shall be required:
I. The total number of children on the premises at any one time
shall not exceed nine (9).
,
This day care home will operate 24 hours per day; however, no
outdoor play activity shall be permitted after 9 PM in the
evening or before 9 AM in the morning.
3. This day care home shall be state-licensed at all times.
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 Fourteenth of January. Nineteen
Hundred and Nine~_ -Seven.
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W..
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
- 38 -
Item IV-L.8.
PUBLIC HEu4RING
ITEM # ~1648
PLANNING BY CONSENT
Selina Dillard, the applicant, spoke relative her application.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED
Ordinance upon Application of SELINA DILLARD for a Conditional Use permit
ORDINANCE UPON APPLICATION OF SELINA DILLARD FOR A
CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (DAY
CARE) R01972086
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Mrs. Selina Dillard for a Conditional Use
Permit for a home occupation (day care) on Lot 990, Alexandria, Section
Five-A. Said parcel is located at 6009 Embassy Row Drive and contains
5,252 square feet. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The hours of operation shall be limited to 6 AM until 6 PM,
Monday through Friday.
2. The total number of children shall be limited to twelve (12),
including the applicant's children.
3. There shall be no outdoor play activity before 9 AM.
4. This day care home shall be state-licensed at all times.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of January, Nineteen
Hundred and Nin¢~_ -Seven.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
- 39 -
Item IV-L.9.
PUBIdC ItEdRIN~
PLANNING BY CONSENT
ITEM # 41649
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED
Ordinance upon Application of SHERRY D. ORTIZ for a Conditional Use P¢rmit
ORDINANCE UPON APPLICATION OF SHERRY D. ORTIZ FOR A
CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (DAY
CARE) R01972087
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Sherry D. Ortiz for a Conditional Use
Permit for a home occupation (day care) on Lot 10, Block 50, Aragona
Village. Said parcel is located at 768 Olivieri Lane and contains 7,500
square feet. BAYSIDE BOROUGH.
The following conditions shall be required:
1. The total number of children shall not exceed twelve (12).
2. Hours of operation are limited to Monday through Friday, 5
AM until 6 PM.
3. No outdoor play activity shall occur before 9 AM.
4. This day care home shall be state-licensed at all times.
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 Fourteenth of Janua~_, Nineteen
Hundred and Nine~_ -Seven.
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndo~ Nancy IC Parker, ~ce Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
Ittm I~-L. IO.
PUBLIC HEARING
ITEM # ~1650
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of MAX MEDIA PROPERTIES, L.L.C. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF MAX MEDIA PROPERTIES
LLC FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS
TOWER R01972088
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Max Media Properties LLC for a
Conditional Use Permit for a communications tower south of Virginia
Beach Boulevard and east of Clearfield Avenue. Said parcel is located at
230 Clearfield Avenue and contains 9. 75 acres. BAYSIDE BOROUGH.
The following conditions shall be required:
.
The proposed tower will not exceed 100 feet in height and antennas extending above
the tower will be limited to an overall height of 125 feet.
The tower will be a lattice-style structure and will be constructed in accordance
with the plans submitted to the Planning Department.
3. No additional height or bulk may be added to the proposed structure without City
Council approval.
4. If, at any time, the proposed tower is not required for at least one of the radio
stations identified in the original application, the subject tower must be removed.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of January, Nineteen
Hundred and Ninety-Seven.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
Item IV-L.I1.
PUBLIC H~G
ITEM # 41651
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of WIRELESS PCS, INC., Agent for ,4 T & T WIRELESS PCS, INC. for
a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WIRELESS PCS, INC., AGENT
FOR A T & T WIRELESS PCS, INC. FOR A CONDITIONAL USE
PERMIT FORA WIRELESS COMMUNICATION FACILITY R01972089
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Wireless PCS Inc., Agent for AT & T
Wireless PCS Inc., for a Conditional Use Permit for a wireless
communication facility on the north side of Shore Drive, west of Lake
Shores Road. Said parcel is located at 5332 Shore Drive and contains
22.336 acres. BAYSIDE BOROUGH.
The following conditions shall be required:
The tower will be developed as a multiple-use monopole tower.
The applicant shall purchase and install a tower capable of
accommodating additional users and will make available at
reasonable commercial terms, space for other wireless
providers, when requested.
2.
The submitted site plan shall be revised so as to depict
adequate area for a minimum of two (2) wireless providers.
The revised plan will identify areas where a minimum of two
(2) utility buildings/facilities will be locatecL Ports on the
tower base will be located to provide appropriate access for
multiple use.
3. The proposed tower shall be limited to an overall height of 125
feet.
Landscaping for the tower will be in accordance with
provisions outlined in Section 232 of the City Zoning
Ordinance. Landscaping and other City Zoning Ordinance
requirements are to apply to the leased portion of the site as
depicted on the revised site plan.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of January, Nineteen
Hundred and Ninety-Seven.
January 14, 1997
Item I~-L.11.
PUBLIC HEARING
ITEM # 41651 (Continued)
PLANNING BY CONSENT
I/'otin g :
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members I~'oting Nay:
None
Council Members Absent:
None
January 14, 1997
Item IV-L.12.
PUBLIC HEARING
ITEM # 41652
PLANNING
Preston White, Air Rail Properties, 1364 Air Rail Avenue, Phone: 460-5366, the applicant, requested
amendments to the conditions.
Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council ADOPTED an
Ordinance upon Application o. fAIR RAIL PROPERTIES -for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF AIR RAIL PROPERTIES FOR
A CONDITIONAL USE PERMIT FOR A BULK STORAGE AND
BUILDING CONTRACTOR'S YARD R01972090
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CFIY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Air Rail Properties for a Conditional Use
Permit -for a bulk storage and building contractor's yard on certain
property located at the northeast intersection o,f Air Rail Avenue and
Sandpit Road (Burton Station). Said parcel contains 11.13 acres.
BAYSIDE BOROUGH.
The -following conditions shall be required:
The conditional use permit is approved -for a period of two (2)
years.
The bulk storage area shall be completely enclosed with
Category VI landscape screening.
Stored items shall consist o,f construction equipment, vehicles,
trailers and construction supplies. Junk, debris or unusable
materials will not be permitted. Stored materials shall not be
stacked higher than the established Category VI landscape
screen.
The used surface o,f the bulk storage yard shall be graveled,
with the exclusion o,f ingress/egress drives, which shall be
improved to City standards.
Access to the bulk storage yard shall be from Air Rail Avenue
only, to avoid truck traffic impacts on existing residential areas.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council o,f the City o,f Virginia Beach, Virginia, on the Fourteenth o_f January_. Nineteen
Hundred and Nine~_ -Seven.
January 14, 1997
Item I~-L.12.
PUBLIC HEARING
ITEM # 41652 (Continued)
PLANNING
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
Item IV-£.15.
PUBLIC HFS. RING
ITEM # 41655
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of NORTHAMPTON BUSINESS CENTER - III for a Change of Zoning
District Classification:
ORDINANCE UPON APPLICATION OF NORTHAMPTON BUSINESS
CENTER - III FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-2 to CONDITIONAL 1-1 Z01971059
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Northampton Business Center - III (a
Virginia General Partnership) for a Change of Zoning District
Classification from B-2 Community Business District to Conditional I-1
Light Industrial District on the east side of Baker Road beginning at a
point 530 feet more or less north of Northampton Boulevard. The
proposed zoning classification change to I-1 is for industrial land use.
The Comprehensive Plan recommends use of this parcel for
business/research center use in accordance with other Plan policies. Said
parcel contains 1.210 acres. BAYSIDE BOROUGH.
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded with the
Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of Janua~_, Nineteen
Hundred and Nine~_ -Seven.
Voting:
I1-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy I~ Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
NO. Ira' S. ~B
City o~ Vi:r~inia t~each
Z NTER-OFFZ CE COI~RESPON1)ENCE
In Reply Refer To Our File No. DF-4328
DATE: Ianuary 6, 1997
TO: Lea~ L. Lilley DEPT: City Attorney
FROM: William M. Macali ~ DEPT: City Attorney
Conditional Zoning Application - Northampton Business Center-Ill
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on January 14, 1997. I have reviewed the subject proffer agreement, dated
October 29, 1996, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM/
Enclosure
~KE$ CARNE,~. ~OUROON
· AHERN P C
ATTORNEY~ AT IAW
·
NORTHAMPTON BUSINESS CENTER-III, a Virginia general partnership
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 October, 1996,
by and between NORTHAMPTON BUSINESS CENTER-III, a Virginia
general partnership, gRANTOR, party of the first part; and THE
CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, GRANTEE, party of the second part.
w I INESSETH:
WHEREAS, the party of the first part is the owner of a
certain parcel of property located in the Bayside Borough of
the City of Virginia Beach, containing a total of approximately
1.210 acres and described in Exhibit "A" attached hereto and
incorporated herein by this reference. Said parcel is
hereinafter referred to as the "Property"; and
WHEREAS, the party of the first part 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 B-2 to
I-l; 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 GRANTORS acknowledge that the competing
and sometimes incompatible uses conflict and that in order to
permit differing uses on and in the area of the Property and at
the same time to recognize the effects of change, and the need
for various types of uses, certain reasonable conditions
governing the use of the Property for the protection of the
community that are not generally applicable to land similarly
zoned are needed to cope with the situation to which the
GRANTORS' rezoning application gives rise; and
PREPARED BY SYKES, CARNES, BOURDON & AHERN, P.C.
- 1 -
?
?
CALCINES. BOURDON
ORNEY8 AT LAW
WHEREAS, the GRANTORS have voluntarily proffered, in
writing, in advance of and prior to the public hearing before
the GRANTEE, as a part of the proposed amendment to the Zoning
Map, in addition to the regulations provided for the I-1 Zoning
District by the existing overall Zoning Ordinance, the
following reasonable conditions related to the physical
development, operation, and use of the Property to be adopted
as a part of said amendment to the Zoning Map relative and
applicable to the Property, which has a reasonable relation to
the rezoning and the need for which is generated by the
rezoning.
·
NOW, THEREFORE, the GRANTORS, for themselves, their
successors, personal representatives, assigns, grantees, and
other successors in title or interest, voluntarily and without
any requirement by or exaction from the GRANTEE or its
governing body and without any element of compulsion or ~uid
pro ~uo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following declaration of
conditions and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and
hereby covenant and agree that this declaration shall
constitute covenants running with the Property, which shall be
binding upon the Property and upon all parties and persons
claiming under or through the GRANTORS, their successors,
personal representatives, assigns, GRANTEE, and other
successors in interest or title and which will not be required
of the GRANTORS until the Property is developed:
1. When the Property is developed, it shall be
developed substantially as shown on the exhibit entitled
"NORTHAMPTON BUSINESS CENTER-III, PARCEL B-l-B, GPIN
1469-00-4247, BAYSIDE BOROUGH, VIRGINIA BEACH, VA.": dated
10/31/96, which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of
Planning (hereinafter "Site Plan").
o -- 2
I(ES. CARNE$ 8OURDON
& AHERN. P C
aTTORNEYS AT LAW
2. When the Property is developed Grantors shall
install the Category IV landscape screening behind the building
adjacent to the eastern boundary of the Property along with the
other landscaping substantially as shown on the "Site Plan".
3. The building shown on the Site Plan shall be a
metal frame and masonry structure predominately earth tone or
gray in color. The building shall not exceed thirty feet (30')
in height.
4. The following uses, currently, permitted (P)
within the I-1 Light Industrial District shall not be
permitted upon the Property:
(a) Airports, heliports and helistops;
(b) Automotive service establishments; and
(c) Heavy equipment sales and service.
5. Further conditions may be required by the Grantee
during detailed Site Plan and/or Subdivision review and
administration of applicable city codes by all cognizant City
agencies and departments to meet all applicable city code
requirements. Any references hereinabove to B-2 and I-1 Zoning
Districts and to the requirements and regulations applicable
thereto refer to the Zoning Ordinance and Subdivision Ordinance
of the City of Virginia Beach, Virginia, in force as of the
date of approval of this Agreement by City Council, which are
by this reference incorporated herein.
The above conditions, having been proffered by the
GRANTORS and allowed and accepted by the GRANTEE as part of the
amendment to the Zoning Ordinance, shall continue in full force
and effect until a subsequent amendment changes the zoning of
the Property and specifically repeals such conditions. Such
conditions shall 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
& AHERN. P C
'rORNEY~ AT LAW
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 15.1-431 of
the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded,
said instrument shall be void.
The GRANTORS covenant and agree that:
(1) The Zoning Administrator of the City of Virginia
Beach, Virginia, shall be vested 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 GRANTORS
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 P£operty, and the ordinances and the conditions may be
- 4 -
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.
WITNESS the following signatures and seals:
By~ --~ '- ' (SEAL)
/
Dabney B. Holt, General
Partne~
Linda ~. Holt, General Partner
B. Bruce Tay al ~
Partner L
- J - ith O. Tay~r, General
~a~ner
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
this ~/~The foregoing instrument was acknowledged before me
day of November, 1996, by Dabney B. Holt, General
Partner of Northampton Business Center-III, a Virginia general
partnership.
· /'Notary Public
My Commission Expires:~ 3 ~ /W~F
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
._~The foregoing instrument was acknowledged before me
this ~/~" day of November, 996, by Linda T. Holt, General
Partner of Northampton Business Center-III, a Virginia general
partnership.
My Commission Expires :~ 3/. /'~F ~'
& AHE~N,P C
AI'i'ORNEY~ATLAW
- 5 -
~I~E$ BOUROON
~INEYS AT LAW
i i I
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
this ~/~f. The foregoing instrument was acknowledged before me
_ day of November, 1996, by B. Bruce Taylor, General
Partner of Northampton Business Center-III, a Virginia general
partnership.
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
./~The foregoing instrument was acknowledged before me
this ;" day of November, 1996, by Judith O. Taylor, General
Partner of Northampton Business Center-III, a Virginia general
partnership.
My Commission Expires.~~
Public
6214i
- 6 -
EXHIBIT "A"
ALL THAT certain lot, piece or parcel of land, being, lying and
situate, in the City of Virginia Beach, Virginia, and being
located near the northeast corner of the intersection of
Northampton Boulevard and Baker Road, and described as Parcel
B-l-B, 1.210 AC., on that certain plat entitled "SUBDIVISION OF
PARCEL B-1 RESUBDIVISION OF PARCELS A & B RAYMOND R. & JERLINE
~. HEMBREE (M.B. 154, P. 1) (D.B. 1080, P. 284) BAYSIDE
BOROUGH, VIRGINIA BEACH, VIRGINIA SCALE: 1" ~ 60' DATED MARCH
31, 1995", which plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map
Book 244, at Page 47. ~
GPIN NO. 1469-00-4277
6214i
YKK~. CAFINES, BOL/P, OON
· ANEII~N. P C:
ATTORNEYS AT LAW
- 7 -
Item IV-L.14.
PUBLIC HEARING
ITEM # 41654
PI..4NNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of PEMBROKE MEADOWS ASSOCIATES for a Change of Zoning District
Classification:
ORDINANCE UPON APPLICATION OF PEMBROKE MF.M~OWS
ASSOCIATES FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-2 to CONDITIONAL A-18 Z01971060
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4
Ordinance upon application of Pembroke Meadows Associates for a
Change of Zoning District Classification from B-2 Community Business
District to Conditional A-18 Apartment District on certain property
located at the northeast intersection of Pembroke Boulevard and Sullivan
Boulevard. The proposed zoning classification change to Conditional ,4-
18 is for multi-family land use at a density no greater than 18 dwelling
units per acre. The Comprehensive Plan recommends use of this parcel
for retail/service use in accordance with other Plan policies. Said parcel
contains 2. 738 acres. BAYSIDE BOROUGH.
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded with the
Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of Janua~_. Nineteen
Hundred and Ninety-Seven.
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf,, Nancy K. Parker, Hce Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
City o£ Virginia Beach
ZNTER-OFFICE CORRESPON'DEIVCE
la R~ly R~f~ To Ou~ File No. DF-4304
DATE: lanuary 6, 1997
TO:
FROM:
I.~sli~ L. Lill~y DEFT: City Attorney
William M. Macali ~ DEPT: City Attorney
Conditional Zoning Application - Pembroke Meadows Associntes
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on January 14, 1997. I have reviewed the subject proffer agreement, dated
November 26, 1996, and have determined it to be legally sufficient and in proper legal form.
A copy of the ag .mement is attached. .
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM/
Enclosure
AGREEMENT
AGREEMENT, made this 26th day ofNovember, 1996, by and between
I'EMBROKE MEADOWS ASSOCIATES, a Virginia general parmership, Property Owner,
(hereinafter referred to as "Grantor"); and the CITY OF VIRG~ BEACH, a municipal
corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee").
WITNESSETH
the Grantor has initiated an amendment to the Zoning Map of the City of
V'tr~inia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
of the Grantor's property from B-2 (Commercial) to A-18 (Apartment), on certain property
which contains a total of 2.738 acres, more or less, located in the Bayside Borough of the City of
Virginia Beach, Virginia, more particularly described in the attached EXHIBIT A (hereinafter the
"Property"); and
Ws~S'~REAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including multi-family purposes, through zoning and other land development
legislation; and
WI~RKAS, the Grantor acknowledges that the competing and sometimes incompatible
uses confli~ and that in order to permit differing uses on land and in the area of the subject
Prope~ and at the same time to recognize the effects of the change, and the need for various
types of uses, including those listed above, certain reasonable conditions governing the use of the
Property for the protection of the community that are not generally applicable to land similarly
This document prepared by:
Mays & Valentine
4425 Corporation Lane
Suite 420
Virginia Beach, VA 23462
zoned A-I 8 are needed to cope with the situation to which the Grantor's rezoning application
gives rise; and
WHIgREAS, the Grantor has voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing A-I $ zoning district by the
existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the
physical development, operation and use ofthe Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the re. zoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantor and allowed
and accepted by the Grantee as part of the amendment to the CZO, such conditions shall continue
in full force and effect until a subsequent amendment changes the zoning on the Property covered
by such conditions; provided, however, that such conditions shall continue despite a subsequent
amendment if the subsequent amendment is pan of the comprehensive implementation of a new or
substantially revised zoning ordinance, unless, notwithstanding the foregoin~ these conditions are
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 subject Property at the
time of recordation of such instrument; provided, further, that said instrument is consented to by
the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by
the governing body of the Grantee, after a public heating before the Grantee advertised pursuant
to the provisions of the Code of Virginia, Section 15.1-431, which said ordinance or resolution
shall be recorded along with said instrument as conclusive evidence of such consent.
NOW, T~I~FOR~, the Grantor, for itself', its successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction
~rom fl~e Grantee or its governing body and without any element of'compulsion of'quid pro ug~
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 if developed for a use permitted under the A- 18
zoning classification, and hereby covenants and agrees that these Proffers shall constitute
covenants running with the said Property, which shall be binding upon the Property and upon all
patties and persons claiming under or through the Grantor, its heirs, personal representatives,
assigns, grantees and o~her successors in interest or title, namely:
1. The Property shall be developed substantially as shown on the preliminary
site plan entitled "Apartments at Witchduck Road & Pembroke Boulevard" dated August 14,
1996, prepared by Basgier & Associates labeled as EXHIBIT B (hereinafter the "Site Plan"), a
copy of which is exhibited to the City Council of the City, and on file in the Planning Department
of the City.
2. The number of dwelling units constructed on the Property shall not exceed
forty (40).
3. Grantor shah grant to Grantee a no ingress/egress easement along the
portions ofthe Property contiguous to Pembroke Boulevard and Witchduck Road, with the
exception ofthe ingress/egress point to Witchduck Road shown on the Site Plan.
4. The principal buildings constructed on the property shah be two-story
buildings and the Building materials and architecture shall be substantially similar to the building
depicted in the photograph dated November 25, 1996 and attached hereto as EXHIBIT C, a
copy of which is exhibited to the City Council of the City, and on file in the Planning Department
of the City.
5. Grantor shall install Category I landscaping along the property line of the
Property that is contiguous to the area labeled "10,600 plus or minus SQ. FT. SHALLOW DRY
POND" on the Site Plan.
6. Any dumpster or dumpsters situated on the Property shall be located no
nearer than ~ (50) feet to the property line of the Property that is contiguous to the area labeled
"10,600 plus or minus SQ FT. SHALLOW DRY POND" on the Site Plan, and shall be screened
from view on three sides by Category I landscaping or a wooden fence.
7. Further conditions may be required by the Grantee during detailed Site Plan
and/or Subdivision review and administration of applicable City Codes by all cognizant City
agencies and departments to me'c't all applicable City Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto
refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date
of the conditional zoning amendment is approved by the Grantee.
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 Vh'ginia Beach. Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such conditions,
and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including
mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or
proceedings; (2) tile failure to meet all conditions shall constitute cause to deny the issuance of
any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any
decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO
or this Agreement; the Grantor shall petition to the governing body for the review thereof prior to
instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the
map the existence of conditions attaching to the zoning of the subject Property on the map and
that the ordinance and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning Department and that they
shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
and indexed in the name of the Grantor and Grantee.
WITNESS THE FOLLOWING SIGNATURE AND SEAL
PEMBROKE MEADOWS ASSOCIATES,
a Virginia general partnership
By: Frederick J. Napolitano Trust I
General Partner
X~/General Partner
By: Emilio Olivieri Family Partnership No. 1
a Virginia general partnership
~/Managing Partner
STATE OF VIRG~
CITY OF VIRG~ BEACH, to-wit:
The foreBoing instrument was acknowledged before me this ~ ~ day of
~'~-~ b~' ,1996, by FREDERICK ]. NAPOLITA~NO, as Trustee of FREDERICK J.
NAPOLffFANO TRUST I, General Partner of Pembroke Meadows Associates, a Virginia
general partnership, on behalf of the partnership.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
'l~he foregoing instrument was acknowledged before me this ~ day of
.~. 0~e~ ,1996, by RICHARD E. OL1VIERI, Managing Partner of EMILIO OLIVIERI
FAM~Y PARTNERSH~ NO. 1, a V'tr~inia general partnership, which in mm is General
Partner of Pembroke Meadows Associates, a Virginia Beneral partnership, on behalf ofthe
partnership.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this ~, day of
~ov~.mb~r' ,1996, by RICHARD E. OL1VIERI, general partner of PEMBROKE
MEADOWS ASSOCIATES, a Virginia general partnership, on behalf of the partnership.
Notary Public
My Commission Expires:
E .XHInrr A
ALL THOSE certain lots, pieces or parcels of land, with the
buildings and the improvements thereon and the appurtenances
thereunto belonging, situate, lying and being in the City of Virginia
Beach, Vh'sinia, and known, numbered and designated as
"PARCEL D-l, 0.739 ACRES", and "PARCEL D-2, 1.999
ACRES", as shown on that certain plat entitled "SUBDMSION
OF PARCELS 'C' AND 'D' ON PLAT ENTITLED'A PORTION
OF PARCEL T AS SHOWN ON PLAT ENTITLED 'PLAT OF
NO. ONE, SURVEY OF A PORTION OF THE ESTATE ~I. C.
HUDGINS'"OVI. B. 188, P. 12), BAYSIDE BOROUGH-
VIRGINIA BEACH, VIRGINIA," dated October, 1985, made by
Bassier and Associates, and duly recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia in Deed
Book 2489, at page 1138.
- 47 -
Item IV-M.1.
APPOINTMENTS
ITEM # 41655
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
HUMAN RIGHTS COMMISSION
Beatriz Amberman
Ellis D. Hinnant-Will
Betsy O. Karotkin
Sylvia Nery Primm
3-Year Term
2/1/97 - 1/31/2000
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
January 14, 1997
Item IV-P.
ADJOURNMENT
ITEM # 41656
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:15 P.M.
Beverly O. Hooks, CMC/,4AE
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
January 14, 1997
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0 S
H I M B T
A S C E S R
DATE: January 14, 1997 B R C H C R P E A
PAGE: I R R H E J L N A S Y
B A O N O A D R S H
A N S B L N N O K O O
AGENDA U C O E E E A R E M R
ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N
I i ii ii
1/11/111/ CERTIFICATION OF EXECUTIVE CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
IV/E SESSION
F MINUTES - January 7, 1997 APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y A
B
S
A
N
E
D
G AGENDA FOR FORMAL SESSION ADOPTED & B Y C O N S E N S U
ADDED
RESOLUTION
I-I/I/1 PUBEC HEARING:
THE LAST GREAT WATERS,
INC/GREAT WATERS, INC. - TAX
EXEMPTION
,1/1 Resolution re legislation designating DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y
reaVpersonal property owned by The Laat 1/28/97 BY
Great Water~, Inc./Gmat Watsr~, Inc. as CONSENT
EXEMPT from state/Iocasl real/personal
property t&xation.
J/2 Resolution re Issuance of Development ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Authority's Multi-family Rental Housing CONSENT
Refunding Revenue Bonds (Dam Neck
Square Apts.- 1529 Meridian Way) not
to exceed $2,200,000 (PRINCESS ANNE
BOROUGH)
ADD Resolution reque~ng Planning ADDED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
ON Commission study zoning regulations re ADOPTED BY
lodging umts with kitchen facilities CONSENT
,
K/1 Ordinances to establish Ferry Farm ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
House Restoration/Maintenance in CIP CONSENT
83-107 (BAYSIDE BOROUGH):
a APPROPRIATE $68,550 from sale of
surplus propeffy (excess adjacent
right-of-way).
b. Authorize Agreement with Frlende of
Ferry Plantstlon House, Inc.
(Sponsored by Council Members
Henley/Jones)
2 Ordinance to authorize encroachment ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
into portion of r-o-w of Blackwatsr Road CONSENT
to John M. Franklin/T/A Black-water
Trading Po~t re maintenance of existing
adv sign/paved parking lot
(BLACKWATER BOROUGH).
3 Llcem Refunds - $8,918.86. APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
CONSENT
,
L/1/a Ordinances re closure in Petition of R. ALLOWED 10-0 Y Y A Y Y Y Y Y Y Y Y
LEWI~ BOGGS {VIRGINIA BEACH ADDITIONAL B
BOROUGH): DEFERRAL TO S
7/8/97 BY T
a. Parcel 1: Alleyway between 29th/30th CONSENT A
Streets at Arctic Ave to Holly Road. I
N
Parcel 2' Alleyway North of 27th E
Sheet at Holly Road D
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0 S
H I M B
A S C E S R
DATE: January 14, 1997 B R C H C R P E
PAGE: 2 R R H E J L N A S Y
B A I O N O A D R S H
A N S B L N N O K O O
AGENDA U C O E E E A R E M R
ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N
b Portion of Baltic ~venue at Laskln ALLOWED 10-0 Y Y A Y Y Y Y Y Y Y Y
Road/Holly Road. WITHDRAWAL B
BY CONSENT S
A
I
N
E
D
,
2 Ordinance re closure of Potters Road at ALLOWED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Wesley Drive in PeUtion of POTTERS ADDITIONAL
ROAD INVESTMENT GROUP DEFERRAL TO
(LYNNHAVEN BOROUGH) Deferred for 7/8/97 BY
compliance: July 9, 1996 CONSENT
3 Petition of EDMUND C. RUFFIN/BQTS APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
ASSOCIATES for ;|0sure of 15' alley CONSENT/
between 8th/7th Streets at Pacllic Ave to Subject to
Atlantic Ave, Plat of Ocean Lot Compliance by
Investment Company (VIRGINIA BEACH 7/8/97
BOROUGH).
4 DANIEL J. PERRELLA enlargement of APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
a nonconforming u~e In A-12 adding CONSENT/
INIng area/porch at 313 33rd Street Conditioned by
(VIRGINIA BEACH BOROUGH). Resolution
5 MODIFIED CONDITIONS on 11/12/96 ALLOWED 11-0 Y Y Y Y Y Y Y Y Y Y Y
CUP application of WILLIAMS HOLDING WITHDRAWAL
CORP for a borrow r)d; at Kempsville Rd/ BY CONSENT
Centerville Tumpike (KEMPSVILLE
BOROUGH)
, ,,
6 FAITH WORKS CHURCH CUP. Church APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
at Lynnhaven Parkway/Pleasant Valley CONSENT/
Road (KEMPSVILLE BOROUGH). CONDITIONS
AMENDED
· ,
7 ROBERT B/ORRIS L. HOLT CUP: APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
Home occuoation (day care~, Salem CONDITIONED
Village at 4169 Rainbow Drive BY CONSENT
(KEMPSVILLE BOROUGH)
,
8 SELINA DILLARD CUP: Horrte APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
occupation (day care), Alexandria at 6009 CONDITIONED
Embassy Row Drive (KEMPSVILLE BY CONSENT
BOROUGH).
,
9 SHERRY D. ORTIZ CUP: Home APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
occuoation (day carel. Aragona Village at CONDITIONED
768 OIMed Lane (BAYSIDE BOROUGH) BY CONSENT
10 MAX MEDIA PROPERTIES CUP. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
communications tower at 230 Clearfleld CONDITIONED
Ave (BAYSIDE BOROUGH). BY CONSENT
,
11 WIRELESS PCS, INCJA T & T APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
WIRELESS PCS, INC. CUP' .Wi.~rele~. CONDITIONED
communication facll~¥ at 5332 Shore BY CONSENT
Drive (BAYSIDE BOROUGH).
12 AIR RAIL PROPERTIES CUP: Bu. lk APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
storac~e/buildlrm contractor's yard at Air CONDITIONED
Rail Avenue/Sandpit Road (BAYSIDE AS REVISED
BOROUGH).
13 NORTHAMPTON BUSINESS CENTER- APPROVED AS 1 t-0 Y Y Y Y Y Y Y Y Y Y Y
III COZ from B-2 to Cond;bona, l I-.1 on PROFFERED
Baker Road/Northampton Boulevard BY CONSENT
(BAYSlDE BOROUGH).
,,
14 PEMBROKE MEADOWS ASSOCIATES APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y
COZ from B-2 to C~nditional A-18 at PROFFERED
Pembroke Boulevard/Sullivan Boulevard BY CONSENT
(BAYSlDE BOROUGH).
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0 S
H I M B T
A S C E S R
DATE: January 14, 1997 B R C H C R P E A
PAGE: 3 R R H E J L N A S Y
B A I O N O A D R S H
A N S B L N N O K O O
AGENDA U C O E E E A R E M R
ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N
I I I iiii ii
M APPOINTMENTS:
HUMAN RIGHTS COMMISSION
Be&triz Amberm~n REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Ellis D. Hinnant-Will 3-Year Terms
Betsy O. Karotkin 02/1/97 -
Sytvla Nery Pflmm 1/31/2000
N/O/P ADJOURNMENT: 3:15 PM
I