AUGUST 8, 2000 MINUTESCity of Virginia l~each
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large
LINWOOD O. BRANCH, I11, Beach ~ District 6
MARGARET L EURE, Centerville - District 1
WILLIAM W. HARRISON, JR., Lynnhaven - District 5
BARBARA M. HENLEY, Princess Anne - District 7
LOUIS R. JONES, Bayside - District 4
REBA S. McCLANAN, Rose Hall - District 3
ROBERT C. MANDIGO, JR., Kempsville - District 2
NANCY K. PARKER, At-Large
ROSEMARY WILSON, At-Large
JAMES K. SPORE, City Manager
LESLIE L. LILLEY, City Attorney
RUTH HODGES-SMITH, MMC, City Clerk
CITY COUNCIL AGENDA
CITY HALL BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-9005
PHONE: (757) 427-4304
FAX: (757) 426-5669
EMAIL: Ctycncl@city. virginia-beach, va. us
August8,2000
CITY MANAGER'S BRIEFINGS
- Conference Room -
9:30 AM
Ao
OCEANFRONT TRAFFIC MANAGEMENT PLAN [1 hr.] John Malbon, Resort Advisory Commission
James B. Ricketts, Director, Convention and Visitor Development
CITIZEN SURVEY [30 min.]
Nanci Glassman, Continental Research Associates
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
12:00 NOON
A. CALL TO ORDER - Mayor Meyera E. Oberndor£
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
MOVE TO BUILDING NO. 6 -
SCHOOL ADMINISTRATION BUILDING
V. FORMAL SESSION
- School Board Meeting Room - Bldg. 6 -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend W. Michael Nobles, Sr.
Haygood United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS - July 11, 2000
2. SPECIAL FORMAL and CLOSED SESSIONS - July 14, 2000
Go
AGENDA FOR FORMAL SESSION
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.
H. PRESENTATIONS
Bo
PAVILION EXPANSION STATUS
James B. Ricketts, Director, Convention and Visitor Development
PROJECT FUNDING OPTIONS
Patricia Phillips, Director, Department of Finance
I. PUBLIC HEARINGS
SITE PLAN ORDINANCE Amendment of § 5B re Fees and Procedures for Floodplain
Variances
FARMER'S MARKET LEASE - Space 30 to Joseph C. Nemie - t/a Dogs for America
FY 2000-01 CAPITAL BUDGET APPROPRIATION ORDINANCE Amendment
Supplemental appropriation and transfer for acquisition of Stumpy Lake and
adjoining properties
J. ORDINANCES
o
o
o
o
10.
11.
Ordinance to AMEND § 5B of the Site Plan Ordinance by establishing required fees and
procedures re floodplain variances. (Deferred 2/8/00; 5/10/00; and 7/11/00)
Ordinance to authorize the City Manager lease Space #30 at the Farmers' Market to
Joseph C. Nemie - t/a Dogs for America
Ordinance to ESTABLISH a Capital Project for acquisition; APPROPRIATE $6,430,000
from the General Fund Balance and Water and Sewer Fund's Retained Earnings; and,
TRANSFER $2,970,000 from existing capital projects re purchasing Stumpy Lake and
adjoining properties currently owned by the City of Norfolk.
Ordinances to ACCEPT and APPROPRIATE funds from the Virginia Department of
Criminal Justice Services; and estimated revenues from the Commonwealth be increased
accordingly:
$125,000 to the FY 2000-01 Operating Budget of the Office of Community
Corrections re additional personnel, offender treatment, and operating expenses in
support of the DRUG COURT.
$98,991 to the FY 2001 Operating Budgets of the Office of Community Corrections
and the Sheriff's Department re expanding service capacity and increasing substance
abuse treatment.
Ordinance to ACCEPT and APPROPRIATE a $38,700 Grant from the Southeastern
Virginia Job Training Administration (SVJTA) to the FY 2001 Operating Budget of the
Department of Housing and Neighborhood Preservation re personnel and operating costs for
the CARE Youth Leadership Camp; and, estimated revenue from the Commonwealth be
increased accordingly.
Ordinance to AMEND the FY 2000-01 Capital Budget by the establishment of a capital
project for Long Creek Dredging; and, TRANSFER $100,000 to this new project from
Rudee Inlet Dredging re removal of a shoal in the Long Creek Waterway.
Ordinance to TRANSFER $3,755 from the General Fund Reserve for Contingencies as a
charitable gift reimbursement to Disabled Veterans of Virginia Beach, Inc., re costs for
water and sewer fees associated with its construction of a new chapter home.
Ordinance to TRANSFER $46,150 from the FY 2000-2001 Operating Budget Reserve for
Contingencies to the Municipal Legislative Budget re procurement of the services of
VECTRE CORPORATION; and, authorize the City Manager to execute said contract.
Ordinance to grant a one-year franchise to LOCO, L.L.C. to operate an open air caf6
adjacent to Luna Sea Cantina Mexicali at 206 22nd Street until April 30, 2001.
Ordinance to authorize a temporary encroachment into a portion of City owned property,
known as Lake Joyce, at 4325 Blackbeard Road to WILLIAM D. JR. and DAWN LEE
BALLOU re constructing and maintaining a pier and bulkhead.
REFUNDS:
a. License - $75,289.26
b. Meal Tax - $ 643.32
c. Tax - $14,922.30
K. RESOLUTIONS
Resolution re issuance of the Development Authority's Industrial Development Revenue
Bonds:
Production Road Ventures, L.L.C.
Not to exceed $1,500,000
Resolution re the FY 2000-2001 Performance Contract between the Virginia Beach
Community Services Board and the Virginia Department of Mental Health, Mental
Retardation and Substance Abuse services.
L. PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
Application of KEITH YEATES for a Variance to § 4.4(b) of the Subdivision Ordinance
which requires that all newly created lots must meet all requirements of the City Zoning
Ordinance (CZO); and, Section 4.4(d) which requires that all lots created by subdivision
have direct access to a public street, at 3077 Yeats Lane (LYNNHAVEN - DISTRICT 5)
Deferred:
Recommendation:
July 5, 2000
APPROVAL
Application of ALICE O. SHURTZ for a Variance to § 4.4(b) of the Subdivision Ordinance
which requires that all newly created lots meet all requirements of the City Zoning Ordinance
(CZO) on the west side of Princess Anne Road, north of Pleasant Ridge Road, containing 2
acres (PRINCESS ANNE - DISTRICT 7)
Recommendation:
APPROVAL
o
Applications of FRANK T. WILLIAMS FARMS for property on the east side of Princess
Anne Road, south of Old Pungo Ferry Road, containing 455 acres more or less (PRINCESS
ANNE - DISTRICT 7):
ao
Variance to reduce minimum pavement width for the interior roads of the
development from the required 30 feet to 24 feet.
b. Conditional Use Permit for an Alternative Rural Residential Development
Staff Recommendation:
Planning Comm. Recommendation:
DEFERRAL
APPROVAL
Application ofJULIE A. PHIPPS for a Conditional Use Permit for an outdoor recreational
facility (skate ramp) on Lot 63, Section 1, Thoroughgood (4204 Ewell Road), containing 1
acre more or less (BAYSIDE - DISTRICT 4)
Recommendation:
APPROVAL
o
Application of ASSET CHANNELS INC., for a Conditional Use Permit for a Fiber-Optics
Transmission Facility located at the northern extremity of Distribution Drive, containing
5.895 acres (BEACH - DISTRICT 6).
Recommendation:
APPROVAL
o
Application of RICHMOND 10 MHZ, LLC d/b/a PRIMECOPERSONAL
COMMUNICATIONS for a Conditional Use Permit for a communications tower at the
northwest comer of Dam Neck Road and Harpers Road, containing 9.87 acres (BEACH -
DISTRICT 6).
Recommendation: APPROVAL
Applications of AL1 HAMBAZ on property at the northeast comer of Princess Anne Road
and Baxter Road (KEMPSVILLE - DISTRICT 2):
Change of Zoning District Classification from R-5D Residential Duplex District to
Conditional B-2 Community Business District, containing 2.13 acres.
Conditional Use Permit for an automobile service station and car wash, containing
1.15 acres.
10.
Recommendation:
APPROVAL
Application of TERRY PETERSON RESIDENTIAL TEN, L.L.C., for a Change of
Zoning District Classification from R-7.5 Residential District to A-12 Apartment District
with a PD-H2 Planned Development District Overlay on the south side of Indian River Road,
west of Sandpebble Drive, containing 14.77 acres (CENTERVILLE - DISTRICT 1)
Deferred:
Recommendation:
July 11, 2000
APPROVAL
Application of PAW, L.L.C., a Virginia limited liability company for a Change of Zoning
District Classification from AG-1 Agricultural District to Conditional R-10 Residential
District on property north of Princess Anne Road beginning at a point 700 feet more or less
west of Seaboard Road, containing 20,000 square feet (PRINCESS ANNE - DISTRICT 7).
Recommendation:
Ordinances of the City of Virginia Beach:
a.
APPROVAL
AMEND and REORDAIN § 106 of the City Zoning Ordinance (CZO) re reduction
of appeal time for certain offenses of a short-term duration.
AMEND § 1601 of the Coastal Primary Sand Dune Zoning Ordinance re definition
of a coastal sand dune.
AMEND the City Zoning Ordinance (CZO) § 111/905 re
identification signs and defining the term "monument sign".
Recommendation:
APPROVAL
shopping center
M. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
BOARD OF ZONING APPEALS
COMMUNITY SERVICES BOARD
HEALTH SERVICES ADVISORY BOARD
PARKS AND RECREATION COMMISSION
PERSONNEL BOARD
PUBLIC LIBRARY BOARD
RESORT ADVISORY COMMISSION (RAC)
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
N. UNFINISHED BUSINESS
0. NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED - JUNE 2000
P. ADJOURNMENT
CITY COUNCIL RETREAT
AUGUST 11th AND 12th
AT THE PAVILION
EFFECTIVE IMMEDIATELY
FORMAL MEETINGS OF THE
CITY COUNCIL and PLANNING COMMISSION
will be held in the SCHOOL BOARD MEETING ROOM,
Building No. 6
(August thru October 2000)
INFORMAL MEETINGS OF THE
CITY COUNCIL and PLANNING COMMISSION
will continue in the City Hall Conference Room, Building No. 1
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)
08/03/00BAP
AGENDA\08-08-00.PLN
www.virginia-beach.va.us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 8, 2000
Mayor Oberndorf called to order the CITY MANAGER'S BRIEFING re OCEANFRONT TRAFFIC
MANAGEMENTPLAN in the Council Conference Room, City Hall Building, on Tuesday, August 8, 2000,
at 9:30 A.M.
Council Members Present:
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyers E. Oberndorf, Vice Mayor William D.
Sessoms, dr. and Rosemary Wilson
Council Members Absent:
Linwood O. Branch, III
Margaret L. Eure
William W. Harrison, Jr.
Nancy K. Parker
[ENTERED: 10:53 A.M.]
[ENTERED: i O:OO A.M.]
[ENTERED: lO:55 A.M.]
[ENTERED: 11:15 A.M.]
AUG-0?-2000 03:05PM FROM-VB HOTEL&MOTEL ASSOCIATION ?$T4253780 T-253 P.00Z/0O8 F-455
August 7, 2000
MEMORANDUM
TO:
CC:
James K. Spore, City Manager
Mayor Meyera Oberndorf and members of city council
James Rlcketts, CVD
Henry Ruiz, Resort Programs
JOINT PLATFORM OF THE
VB HOTEL AND MOTEL ASSOCIATION, THE VB RESTAURANT
ASSOCIATION AND THE RESORT RETAILERS ASSOCIATION
August, 2000
re: Oceanfront Traffic and Transportation Management
This paper was developed in light of the recommendation that
RAC and city staff is making to implement a fountainhead traffic plan on
Atlantic Avenue, with a one way pair of Arctic and Pacific Avenues 17-22
streets,
We have had many discussions concerning this proposal and each
of our associations has voted to oppose implementation of the
fountainhead approach. However, we have come to agreement on many
other components of the recommendations that accompany this plan,
The Virginia Beach Hotel & Motel Association, the Virginia Beach
Restaurant Association, and the Resort Retailers Association recognize
and support the city's goals to enhance our visitors' experience through
convenient parking, efficient transportation, and an improved pedestrian
environment in the resort.
AUG-OT-ZO00 03:05PM FROM-VB HOTEL&MOTEL ASSOCIATION 7574ZS~760 T-25~ P.005/005 F-456
Page Two
Memorandum of August 7, 2000
We also recognize the dependence of the businesseS* on customer
satisfaction to engender repeat visitation and to further support the
value of excellent overall customer service.
Traffic management to the resort and within the resort is a key
element of our visitors' experience since the vast majority (over 97%) of
our guests arrive by automol~ile. Approximately 85% of our visitors
arrive via 264 and enter the resort at Atlantic Avenue.
;Travel from the Peninsula to the Southside is increasingly
congested at all hours and taxes the patience and loyalty of our visitors.
We owe it to these traveling customers to prioritize their interests and
convenience throughout their visit. We only have one chance to make a
first impression - and we want it to be a good one.
To remain economically viable merchants and restaurants within
the resort area cannot rely exclusively on the out of town visitor. Virginia
Beach residents represent a significant percentage of their annual
business.
We believe it is in the interest of the city and the resort business
community to support each other's goals. We also believe that many of
the efforts the city has made in recent years have improved the
atmosphere in the resort area and we look forward to working with city
council and staff to insure that tttis trend continues.
AUG-O?-2000 03:05PM FROM-VB HOTEL&MOTEL ASSOCIATION T574253760
T-Z53 P.004/006 F-456
Page Three
Memorandum of August 7, 2000
Our three business associations have developed the attached
position paper regarding future oceanfront traffic and transportation
management plans. We urge you to consider these options before
implementing any more costly or drastic changes to Atlantic and Pacific
Avenue.
We believe these options represent the most cost effective
method of enhancing the overall atmosphere of the resort and pose the
least Inconvenience to our customers.
Thank you for your ~er~ion and your continued support of
tourism In our-city. / ,//,/'/_..///~-.~/ ,,.---)_ ,~...__
//~ames H. Ca~/~, CHA Chr~ Sawides ~reston Midgett
President, VBHMA President, VBRA President, RRA
AUG-OT-ZO00 O$:06PM FROM'VB HOTEL&MOTEL ^$$OCIATIO~ 7574253760
T-Z53 P.005/005 F-456
VB Hotel & Motel Assooiation, VB Restaurant Association, and Resort
Retailers Association
Consensus Position Paper
re: Oceanfront Traffic and Transportation Management
We support promotion of the use of alternate routes into the
Oceanfront area using Blrdneck and Laskin Roads to service the
customers of hotels, restaurants and merchants. These exits
can provide direction to the existing designated access roads at
9th street, 17th street, and 19th street.
We support the use of these alternate routes to promote
traffic flow directly to consolidated parking areas.
We urge city leaders to begin with the improvements to
Blrdneck Road and Laskin Road to: a) better promote a change
in the feeding patterns to the resort area recognizing that over
85% of our visitors arrive via 21st street and; I~) to provide
a true sense of approach and arrival to the business center
for our tourism industry.
We support consideration of the creation of themed areas
such as North Beach, South Beach and Beach Street
with directional slgnage on 264 and peripheral access
routes sufficient to support this theme.
This goal simply cannot be accomplished without careful
coordinated marketing by the city's convention and visitor
development office, the city's contracted advertisinl~ agency,
and the entire resort business community. A minimum of
18 months lead time will be required to develop a comprehensive
marketing plan that will inform our customers of what they
should anticipate on arrival.
AUG-OT-2000 O$:06PM FROM-VB HOTEL&MOTEL ASSOCIATION ?ST4Z53T60
T-Z53 P.006/006 F-456
Page Two
Position paper of VBH&MA, VBRA and Resort Retailers Association
We support the continuation of trolley service on Atlantic Avenue
from 41st to 9th street, with the provision that the center turn
lane be returned north of 25th street.
We feel strongly that trolley service northbound should be placed
on the eastern side of Pacific Avenue to alleviate the
strain of maintaining all public transportation within the
narrow scope of Atlantic Avenue.
We support crossing guards at key intersections to control
pedestrian traffic and automobile traffic on congested
weekends and holidays as was done so successfully by
the VB Police on July 4, 2000 extended holiday weekend.
We support consideration of inclusion of a boardwalk tram
system that is physically consonant with the environment.
Our three business associations have developed this position and believe
It represents the most cost effective method of enhancing the resort in
the peak tourist season. We urge Mayor Oberndorf and members of
council to direct that these changes be made rather than implementing
:ve%O~~_S. ;ic;r C°stly ~ntic and Pacific
FROM-VB HOTEL&MOTEL ASSOCIATION
7574253T60 T-253 P.001/006 F-456
FAX TRANSMISSION COVER PAGE
Fax Number: /7/'~-p~''~ '~
Number of Pages:
Comments:
968 $. Oriole Drive · Suite 100 * Virginia Beacb, VA 23451 · (757) 425-8015 · FAX 425-3760 ~
-2-
CITY MANA GER'S BRIEFING
OCEANFRONT TRAFFIC MANAGEMENT PLAN
9:30 A.M.
ITEM # 46957
James B. Ricketts, Director - Convention and Visitor Development, advised on December 7, 1999, the City
staff in conjunction with Parsons Brinkerhoff, Quade and Douglas, presented the Oceanfront Traffic
Management Study to determine the traffic patterns which wouM create the most efficient and effective
circulation pattens for private vehicles in the Resort Area, while at the same time protecting the dedicated
trolley lane system. Four separate alternative plans were presented to address the Traffic Management
Plan. City Council requested the Resort Advisory Council continue to review these four alternatives and
provide a recommendation. Mr. Ricketts recognized William Roundtree, Chairman - Resort Area Advisory
Commission
Rod Hudome advised when the Resort Advisory Commission was created and the Resort revitalization
process commenced, there was a fundamental decision which had far reaching impacts on the design of the
streetscape project. The fundamental decision was to design a pedestrian environment rather than a
vehicular environment in the Resort Area. The City was going to sacrifice capacity for vehicles in order to
increase capacit, v for pedestrians. The travel lanes were reduced by one travel lane the entire length of
Atlantic Avenue. Twenty-fifth Street south was reduced to four lanes and Twenty-fifth Street north was
reduced to three lanes. All on -street parking on Atlantic Avenue and parking east of Atlantic Avenue on
the "stub streets" were eliminated These "stub streets" were converted to connector parks. A few
handicapped parktng spaces were retained in the connector parks. The City Council enacted a cruising
ordinance. The Resort Streetscape projectwas completed in the Spring of1996. The trolley system was then
reviewed. Basically, the trolleys were stuck in bumper-to-bumper traffic. An individual couM literally walk
down Atlantic Avenue faster than traveling by trolley. Recommendations for improvement of the trolley
system were consistent with the Oceanfront Concept Plan adopted on June 28, 1994. These
recommendations consisted of better customer service, marketing promotions, improvement of routes and
the implementation of a token program. When one parks at a Municipal Lot, they are given free trolley
tokens. In 1997, dedicated trolley lanes from Fourteenth to Twenty-fifth Streets were implemented as a
pilot program. The negative impact was aesthetics. In 1998, this program was continued Parsons and
Brinkerhoff assisted with the Oceanfront Transportation Management Plan to determine the best plan to
support the dedicated trolley lanes. In 1999, a dedicated trolley lane was added southbound from 41~ to
25'h Street. These lanes were permanently stripedwith markings. Thus, the cones were removed. This past
Spring, permanent striping was accomplished south of 25ts Street. The staff believes there is a better
pattern for the private vehicles.
John Malbon, Transportation Committee - Resort Advisory Commission, referenced the Final Alternatives:
Arctic Avenue and Pacific Avenue one-way pair in the core area with
Fountainhead on Atlantic Avenue (PREFERRED)
Arctic Avenue and Pacific Avenue one-way pair in the core area with
two-way traffic on Atlantic Avenue
Fountainhead on Atlantic Avenue
Atlantic Avenue/Pacific Avenue one-way pair
The RAC reduced the fifieen goals to seven critical goals consistent with the Resort Area Concept Plan:
Reduce Congestion
Reduce Neighborhood Infiltration
Increase Trolley Ridership
Enhance Pedestrian/Bike Environment
Accommodate Special Events
Reduce Auto Trips on Atlantic Avenue
Maintain Access to Business Community
Through an evaluation matrix, the preferred alternative was No. 1: ArcticAvenue andPacificAvenue one-
way pair in the core area with Fountainhead on Atlantic Avenu~
August 8, 2000
-3-
CITY MANA GER'S BRIEFING
OCEANFRONT TRAFFIC MANA GEMENT PLAN
ITEM # 46957 (Continued)
Mr. Malbon referenced the components of the PREFERRED ALTERNATIVE;
Pacific Avenue as one-way north (3 lanes), with Arctic Avenue as one-
way south (2 lanes)from 17h Street to 22nd Street. The additional width on
Pacific Avenue wouM be used as a staging area for law enforcement.
Atlantic Avenue would operate as two vehicular lanes of traffic flowing
one-way northbound on the north side of 2Pt Street up to 41~ Street and
one-way southbound on the south side of 2P~ Street south to 9th Street
The trolley would operate as it does today, both northbound and
southbound on Atlantic Avenue.
RECOMMENDATIONS
Continue dedicated trolley lanes on Atlantic Avenue
Promote use of alternate routes into the Oceanfront area, using Birdneck
Road, to consolidated parking areas at Laskin Road/19th Street/9th
Street
Provide parking decks located in the vicinity of Pacific Avenue at Laskin
Road, 19th Street (Dome site), and 9th Street (The 9t~ Street Garage
already exists)
Transition into improved utilization of scattered surface parking areas
to provide future consolidation of Resort Area parking.
Create a directional signal system with theme area designations such as
Red Line to South Beach and Blue Line to North Beach.
Close east-west streets between Arctic Avenue and Pacific Avenue at 23r~,
24t~, 26tn, and 27~ Streets.
Use both real-time and static signage, with VMS along 1-264 to direct
traffic to alternate routes
Provide crossing guards at key intersections to control pedestrian traffic
and serve as Beach Street ambassadors, providing tourists with
information on resort activities.
Provide Boardwalk Tram that will compliment the Atlantic Avenue
Trolley system.
KEY FEATURES
Allow flexibility on Atlantic Avenue
Redistribute traffic flow on Pacific Avenue from 17th to 22~d Street to
Pacific and A rctic Avenue.
Provide staging area on Pacific Avenue for law enforcement and
emergency
All improvements are within the existing ROW resulting in a lower cost
alternative
Improves pedestrian safety on Atlantic Avenue and through the core area
on Pacific Avenue
August 8, 2000
-4-
CITY MANA GER'S BRIEFING
OCEANFRONT TRAFFIC MANA GEMENT PLAN
ITEM # 46957 (Continued)
Improves traffic congestion on Pacific andAtlantic Avenues by eliminating
left turn conflicts
Provides alternates routes into the Oceanfront Area and consolidated
parking areas.
Mr. Malbon displayed a traffic simulation of the PREFERRED ALTERNATIVE in the year 2010. This
model does not depict the trolley lane, which was unable to be identified by the software utilized.
Mr. Malbon advised trolley ridership increased approximately 3% up through the July Fourth weekend.
During the first week o f July, trolley ridership decreased significantlyfrom last year; however, for the month
of July trolley ridership increased 22%. This type of growth is expected throughout the rest of the season.
Rick Lowman and Susan Thrasher, Parsons and Brinkerhoff, were in attendance to respond to questions.
A model was not available depicting the intersection improvements from 22"a and Pacific and 17n and
Pacific relative the traffic flow with turn lanes at key intersections. This was not determined to be the
preferred alternative and the impacts to Pacific Avenue were very great. The costs were prohibitive. It did
not have the added benefits to Atlantic Avenue.
Mr. Malbon advised approximately 'half of the attendees at the Public Hearing relative the PREFERRED
AL TERNA TIVE were residents. The residents were more concerned about the cul-de-sac than increased
traffic on Arctic Avenue. That area is zoned commercial. Mrs. Thrasher advised Arctic Avenue will be
improved to a two lane facility. Arctic between 17th and 22"a Streets was recommended in the Resort Area
Concept Plan adopted on June 28, 1994, as an area that could be used in transition to increase traffic along
that roadway.
E. Dean Block, Director of Public Works, advised the cul-du-sacing of 23fa, 24~k, 26tk and 27~ Streets was
done at the request of the neighborhood and as a method of protecting those neighborhoods from an influx
of visitors.
John Herzke, City Engineer, advised Atlantic and Pacific Avenues were never made one-way. This was a
proposal made back in the late 1970's and early 1980's but never implemented. The City did implement one
way alternative streets on the side streets between Pacific and Atlantic. This was in place from 1979 up until
the Atlantic Avenue improvement project commenced in 1986. The side streets were then converted back into
two-way. Relative the enactment of the trolley lanes, an analysis was conducted from 1997 to 1999
concerning the motel revenues and occupancies on Atlantic Avenue. No discernible change in economic
patterns was determined from the implementation of the trolley lanes. Mr. Herzke referenced national data
on one-way patterns implemented in cities throughout the country. There is no virtually no business impact.
There is a fear of change; however, all the statistical data indicates there is very little impact on business
economics.
Mr. Herzke advised the cost estimate for a pilot project, not a finished product (repaying, change pavement
markings, move traffic signalization, loop detectors), of the Oceanfront Transportation Management Plan
is $670,000. This pilot project would need to be commenced after the Neptune Festival to be in place by next
summer. These funds are proposed to be from the Trolley Lane Capital Improvement Project. This much
work could no...Xt be accomplished with in-house forces. One of the annual service construction contracts for
various road improvements would be utilized for a work order to commence the work. City staff wouM be
accomplishing some of the overhead signal work and some of the signage. The cost for a permanent
installation has not been determined.
Mr. Herzke advised for the work to commence in a timely fashion, a decision from City Council would be
necessary in early September.
Written comments will be solicited from Police, Fire and Emergency Services relative the trolley lanes and
new traffic patterns. The Oceanfront Traffic Management Plan shall be discussed during the City Council
Retreat August Eleventh and Twelfth and a City Council Workshop shah be SCHEDULED.
August 8, 2000
-5-
CITY MANAGER'S BRIEFING
CITIZEN SURVEY
lO:57A.M.
ITEM # 46958
Nanci Glassman, Continental Research Associates, advised the City of l~rginia Beach conducts aperiodic
survey of its citizens. The results provide feedback from taxpayers on City services and issues that concern
them. This telephone survey of 500 randomly-selected Virginia Beach residents was conducted during June
2000. A representative from the City Manager's Office coordinated this project with Continental Research.
This study was conducted in 1994, 1995, 1996 and then every other year in 1998 and 2000. Professional
interviewers working Sunday thru Thursday evenings made a minimum of 6 attempts to reach each resident.
The average survey was over 20 minutes. The survey was conducted over a 19-day period to minimize any
"single-story" media impact with an accuracy of+_4.4%. This is more favorable than the margin of error
found in many community surveys (+5. 6%). As such, this is a very accurate snapshot of the community's
opinions. The survey included a broad spectrum of respondents. On average, they lived here 17.8years.
74% were homeowners, 67% lived in single family homes with the average age being 44 and income being
$53,000. Of those employed, 63% worked within the City boundaries of Virginia Beach. 76.8% of those
interviewed advised Internet access either at home or work. 38% utilized E-mail or Internet every day.
Mrs. Glassman displayed, through the utilization of powerpoint, graphs related to the Survey.
96.2% of the residents surveyed said Virginia Beach is a good place to
live
94.4% agree Virginia Beach is a safe place to live
94.2% agree their neighborhood is a safe place to live
When asked about 30 specific City services and characteristics, Virginia
Beach continues to do an excellent job of meeting residents' expectations.
Many localities use a target of 80% (or higher) satisfaction as a way of
channeling resources to things that most need to be improved. While some
communities achieve an 80% satisfaction level for only a few services, in
Virginia Beach. 20 items rated above the 80% threshold
In fact, over 90% of those surveyed were satisfied with 16 of the listed
characteristics. Those items include: Fire Department services,
Recreation Centers/programs classes, Paramedic and Rescue Squad
services, Public Libraries/the Bookmobile, the City's Cable TVchannels,
the Parks, City buildings, Museums, the overall appearance of the City,
the number of opportunities for volunteers, City golf courses, the overall
appearance of neighborhoods, Horticulture and Agriculture services.
City trash collection and recycling services, and Police Services as well
as the overall rating score.
91. 6% were satisfied with City services (overall)
93.2% agree they can conveniently access City services
Approximately 95 % of those surveyed felt City buildings and facilities are
accessible on an equal basis without regard to race, color, sex, religion,
national origin, age or disability. And, 92% believed City Services are
available to everyone equally.
Virginia Beach has eagerly used their Web site as a vehicle for informing
the public and has plans to ultimately conduct financial transactions over
the Internet.
Some residents had already visited the City's Web site. Of those who had,
84.8% were satisfied with the site as it was when they reviewed it. Some
residents were anxious to see the Web site expanded to include more E-
commerce activities.
Some residents had also watched the City's cable TV channels. Of those
who had, 94. 5% were satisfied with what they viewed..
August 8, 2000
-6-
CITY MANAGER'S BRIEFING
CITIZEN SURVEY
ITEM # 46958 (Continued)
Some residents expressed a need to improve certain City services. They
include the number of City owned parking facilities at the oceanfront
(only 40. 8% were satisfied), rain water drainage (57. 8% were satisfied),
planning residential growth and development (65.3%), maintenance of
existing City roads and bridges (66.6%), and new construction of City
roads (68. 7%).
Percent Who Were Satisfied with City Services In Descending Order
Fire Department Services 9 7. 8%
Recreation Centers, Programs & Classes 96. 4%
Paramedic & Rescue Squad Services 95.2%
Public Libraries & the Bookmobile 95. 0%
The City's Cable TV Ch. 46, 47 & 48 94.5%
Parks 93. 6%
City Buildings & Facilities 93.6%
Museums 9Z 8%
Overall appearance of the City 92. 8%
Number of City Activities & Programs
where Residents can be volunteers 92.6%
City Golf Courses 91. 7%
Overall Appearance of Your Neighborhood 91. 6%
Horticultural & Agricultural Services
(including The Farmer's Market) 91.0%
City Trash Collection & Recycling Services 9L0%
Police Services 90.2%
The City's Internet Web Site 85.6%
Services for Needy or Homeless Families 75. 8%
City's Communication with Residents 72.3%
Preservation & use of the Natural Environment 71. 5%
New Construction of City Roads 68. 7%
Rain Water Drainage 57.8%
Number of City owned Parking Lots at Oceanfront 40. 8%
One of the most important indicators of citizen satisfaction is the global measure. Surveys only measure the
perceptions of residents. Those views are not necessarily based on firsthand experience or fact. Survey
responses are often based on generalized impressions, rather than specific incidents. This survey was done
after the local City Council election (including a mayoral race), and during a period when there was
controversy surrounding the development of a piece of Oceanfront property near 3Pt Street.
Mrs. Glassman referenced the Chart indicating the percentage who have used/experienced each City Service
in the past 12 months. Nearly 80% reported using a library, and about the same percentage had visited a
City building or facility in the past year. Slightly fewer visited a public beach (78.0%) or a City park
(75.6%). 50.8% have viewed programs on the City's Cable TV Channel. On the other hand, City golf
courses were used by only 21.8% of the households contacted 29. 0% reported having visited the City's
web site.
Municipal Center parking was eliminated from the survey due to space allocate& however, this service will
be included another year.
Pages 29 and 30 depicted a two page chart. All persons interviewed were asked: "What is the one thing,
the City of Virginia Beach could do to make you a more satisfied resident?" 7. 6% believed the City should
improve the roads, build more roads, or finish road projects sooner and solve the rain water drainage
problems.
In the next section of the survey, researchers presented a series of statements about [qrginia Beach The
respondent was asked if hedshe strongly agreed, agreed, disagreed or strongly disagreed with each issue.
Over 99% of the participants voiced an opinion about all these statements. In fact 100% responded tofive
of the items.
August 8, 2000
-7-
AGENDA RE VIE W SESSION
ll:35A. M.
ITEM # 46959
Ordinance to AMEND 3g 5B of the Site Plan Ordinance by
establishing required fees and procedures re floodplain
variances. (Deferred 2/8/00; 5/10/00; and 7/11/00)
Council Lady McClanan inquired what additional review wouM occur as a result of this fee. Stephen White
- Planning, advised currentlyfioodplain variances are just heard by the City Council. The City Council has
expressed a desire that the Planing Commission have an opportunity to review and comment on variance
requests. Additional technical criteria is currently being established as part of this process. The proposed
amendments establish a procedure for the Planning Commission to have that opportunity. A fee of $467. O0
is proposed. The amendments further clarify that the process for a floodplain variance will be the same as
that used in subdivision variance applications. This involves advertisement in a local newspapers, posting
of the required sign, notification of adjoining property owners by certified mail, a Public Hearing before the
Planing Commission, a recommendation by the Planning Commission and a Public Hearing and final action
by the City Council.
This will be on the Consent Agenda, unless there is OPPOSITION.
ITEM # 46960
Ordinances to ACCEPT and APPROPRIATE funds from the
Virginia Department of Criminal Justice Services; and estimated
revenues from the Commonwealth be increased accordingly:
$125,000 to the FY 2000-01 Operating Budget of the Office of
Community Corrections re additional personnel, offender
treatment and operating expenses in support of the DRUG
COURT.
Council Lady McClanan expressed concern relative the grant providing resources for travel and training
for a multi-disciplinary team to study other Dug Courts in the United States as, in this day and time, there
is abundant information on the Internet.
Robert Mathias, Assistant to the City Manager, advised these Drug Courts are not frequently utilized in
l~rginia. Two of the Judges have been very active in perusing different models of Drug Courts, traveling
to Baltimore and on the West Coast. However, the vast majority of this grant would be expanded on service
provision with very little travel remaining.
This item will be discussed in the Formal Session. Judge Thomas M. Ammons - General District Court and
Bessie Bell - Community Corrections Coordinator, will attend.
ITEM # 46961
K. 1. Resolution re issuance of the Development Authority's
Industrial Development Revenue Bonds:
Production Road Ventures, L.L.C. Not to exceed $1,500,000
Councilman Harrison will ABSTAIN as his law firm represents the applicant.
l~ce Mayor Sessoms will ABSTAIN, as the applicant is a client of his bank.
ITEM # 46962
K. 2. Resolution re the FY 2000-2001 Performance Contract between
the Virginia Beach Community Services Board and the Virginia
Department ofMental Health, Mental Retardation and Substance
Abuse services.
The City Manager is requested to submit a cover letter with the contract expressing concerns about the
state's establishment in the new contract of "bed targets"for the use of Eastern State Hospital.
August 8, 2000
CITY OF VIRGINIA BEACH
Department of Parks and Recreation
Municipal Center - Building #21
Virginia Beach, VA 23456
Phone: (804) 563-1100/FAX 563-1130
Date:
To:
From:
Subject:
August16,2000
Jim Spore, City Manager
Sara Hensley, Director, Parks and Recreation
Question regarding Municipal Golf Courses
Jim:
I understand a question was raised during the presentation of the Citizen Satisfaction
Survey, concerning the percent of our citizens who have played golf at a City-operated
course. In order to put a local, state and national perspective on the usage, I offer the
following information (based on 1999 statistics):
1) Locally, the percent of citizens who played golf on municipal courses has
increased from 1995 at 14.2%, to 21.8% in 1998 and 2000. (7.6% increase since
1995).
2) Twenty (20) percent of the households across the state participate in golf, based
on the number of households participating in the state-wide survey. It is interesting
to note that only 12% of the state play softball and basketball; 6% participate in
soccer.
3) Nationally, golf is ranked at the 11.7 percentile. There was a 6% growth in golf
as a leisure time activity from 1987 - 1997 (p. 16).
Attached, I have provided more detailed information.
Attachment
:}FFICE OF THE C:,~' MANAGER
':];1'¥ OF VIRGINIA BEACH
Local Perspective
GOLF IN VIRGINIA BEACH
Department of Parks and Recreation
August 10, 2000
% of Virginia Beach Citizens Who Played Golf at a City
Operated Golf Course from 1994-2000
.
25%
20%
15%
10%
5'/.
0%
1994 1995 1996 1998 2000
Source: City of Virginia Beach's Citizen's Survey Report,
June 2000
Rounds at Virginia Beach Golf Courses (Public and Semi-Public)
Course 1997 1998 1999
Bow Creek* 28,700 32,000 28,800
Cypress Point 44,000 45,500 37,000
Kempsville Greens* 46,000 41,100 36,800
Hell's Point 46,300 44,300 33,000
Heron Ridge 0 0 25,000
Honeybee 47,800 51,500 43,500
Red Wing Lake* 38,600 33,100 30,900
TPC of VA Beach 0 0 13,800
Total 251,400 247,500 248,800
;ource: City of Virginia Beach Department of Parks and Recreation
* Denotes number of rounds per fiscal year. Number of rounds from all other courses are based on calendar years.
All totals are rounded to the nearest hundred.
Chart Summary: While the number golf courses in the City have increased from 6 to 8 during the three-year
period of 1997-1999, the average number of rounds played has been relatively steady at 249,200 rounds per year.
State Perspective
The 1996 Virmnia Outdoors Plan
and
W is the number of weeks the activity is in season,
P is the proportion of activity days that occur on
the peak dav of the week,
C is the daily capacity of the facility or area unit.
The daily capacity, C, is calculated as:
C=IT
where:
I is the instant capacity, and
T is the turnover factor per day.
In estimating area and facility demand, activity clus-
ters were identified. Stream fishing, canoeing, kayaking
and jon boating, rafting and tubing all use stream miles.
Therefore, demand for these activities were added togeth-
er to compare with the inventory total for this resource.
Lake and bay fishing, sailing, sailboarding, po~ver boating,
water skiing and jet skiing were combined to obtain a total
need for ~vater acres. Off-road motorcycling and unli-
censed all-terrain vehicle use were combined for off-road
trail miles. The demand for outdoor swimming at natural
areas was estimated in terms of beach acres rather than
water acres, and this was combined xvith sunbathing.
Football and soccer demand were added together because
they often share the same fields.
Alternate estimates of demand can be calculated from
the results for two activities using the following conver-
sion factors: large indoor or outdoor swimming pools can
accommodate three times the number of users as standard
,i:e pools: and demand for ski areas may be estimated as 44
acres per lift, or one acre per 17 skiers per dav.
Survey results
The results of the survey are available from the
Department of Conservation and Recreation, 203
Governor Street, Suite 326, Richmond, VA 23219. This
allows for comparison of statewide results xvith those from
each of the four remons.
Table 3 2
RANKING OF ACTIVITIES
BASED ON
PERCENTAGE OF
HOUSEHOLDS PARTICIPATING
1. Walking for Pleasure 65%
2. Driving for Pleasure 60%
3. Swimming 53%
4. Sunbathing on Beach 42%
5. Visiting Historical Sites 35%
6. Picnicking 34%
-- 7. Boating 31%
- 8. Bicycling 31%
9. Fresh Water Fishing 29%
~ 10. Camping 26%
11. Visiting Natural Areas 24%
12. Playground 24%
13. Salt Water Fishing 21%
- 14. Tennis 21%
- 15. Golfing 20%
16. Visiting Gardens 20%
- 17. Jogging 20%
18. Hunting 17%
19. Hiking/Backpacking 15%
20. Snow Skiing 13%
- 21. Softball 12%
- 22. Basketball 12%
23. Nature Study 9%
-- 24. Volleyball 9%
25. Water Skiing 8%
-- 26. Baseball 7%
-- 27. Soccer 6%
--. 28. Horseback Riding 6%
29. 4WD-Off Road 6%
30. Fitness Trail 6%
-- 31. Football 5%
32. Tubing 4%
33. Skateboarding 3%
34. Jet Skiing 3%
35. Motorcycling-Off Road 3
36. Rafting
37. Unlicensed Off Road
38. Sail Boarding 1%
326 -
The 1996 Virginia Outdoors Plan
]-he 1996 Virginia Outdoors PI~
302
II
04 0
0 1'-.-
n 0 W
LIJ
I
National Perspective
C~
C~
oo
o
~ 0
CO
0
0 01 0
0
0
-8-
AGENDA RE VIE W SESSION
ITEM # 46963
BY CONSENSUS, the following items shall compose the CONSENTAGENDA:
ORDINANCES
Ordinance to AMEND 3~ 5B of the Site Plan Ordinance by
establishing required fees and procedures re floodplain
variances. (Deferred 2/8/00; 5/10/00; and 7/11/00)
J. 2. Ordinance to authorize the CityManager lease Space #30 at the
Farmers' Market to Joseph C. Nemie - t/a Dogs for America
Ordinances to ACCEPT and APPROPRIATE funds from the
l~rginia Department of Criminal Justice Services; and estimated
revenues from the Commonwealth be increased accordingly:
$98,991 to the FY 2001 Operating Budgets of the Office of
Community Corrections and the Sheriff's Department re
expanding service capacity and increasing substance abuse
treatment.
d. 5
Ordinance to ACCEPT and APPROPRIATE a $38, 700 Grant
from the Southeastern Virginia Job Training Administration
(SVJTA) to the FY 2001 Operating Budget of the Department of
Housing and Neighborhood Preservation re personnel and
operating costs for the CARE Youth Leadership Camp; and,
estimated revenue from the Commonwealth be increased
accordingly.
Ordinance to AMEND the FY 2000-01 Capital Budget by the
establishment o fa capital project for Long Creek Dredging; and,
TRANSFER $100,000 to this new project from Rudee Inlet
Dredging re removal o fa shoal in the Long Creek Waterway.
J.Z
Ordinance to TRANSFER $3, 755 from the General Fund
Reserve for Contingencies as a charitable gift reimbursement to
Disabled Veterans of Virginia Beach, Inc., re costs for water
and sewer fees associated with its construction o fa new chapter
home.
Ordinance to TRANSFER $46,150 from the FY 2000-2001
Operating Budget Reserve for Contingencies to the Municipal
Legislative Budget re procurement of the services of VECTRE
CORPORATION; and, authorize the City Manager to execute
said contract.
Ordinance to grant a one-year franchise to LOCO, LL. C. to
operate an open air card adjacent to Luna Sea Cantina Mexicah
at 206 22nd Street until April 30, 2001.
dlO
Ordinance to authorize a temporary encroachment into a
portion of City owned property, known as Lake Joyce, at 4325
Blackbeard Road to WILLIAM D. JR. and DAWN LEE
BALLOU re constructing and maintaining a pier and bulkhead
K11 REFUND&
a. License - $75,289.26
b. Meal Tax - $ 643.32
c. Tax - $14,922.30
August 8, 2000
9
AGENDA RE VIE W SESSION
ITEM # 46963 (Continued)
RESOLUTIONS
K. 1. Resolution re issuance of the Development Authority's
Industrial Development Revenue Bonds:
Production Road Ventures, L.L.C. Not to exceed $1,500,000
K. 2. Resolution re the FY 2000-2001 Performance Contract between
the Virginia Beach Community Services Board and the Virginia
Department ofMental Health, Mental Retardation and Substance
Abuse services.
Councilman Harrison will ABSTAIN on Item K. 1.
Vt'ce Mayor Sessoms will ABSTAIN on Item K. 1.
August 8, 2000
-10-
AGENDA RE VIE W SESSION
ITEM # 46964
1.3.
Applications of FRANK T. WILLIAMS FARMS for property on
the east side of Princess Anne Road, south of OM Pungo Ferry
Road, containing 455 acres more or less (PRINCESS ANNE -
DISTRICT 7):
a. Variance to reduce minimum pavement width for the interior
roads of the development from the required 30feet to 24feet.
b. Conditional Use Permit for an Alternative Rural Residential
Development
Council Lady Henley expressed concern relative this appBcation and advised Attorney Edward Bourdon
has requested a deferral until August 22, 2000.
ITEM # 46965
L 4. Application ofJULIEA. PHIPPSfor a Conditional Use Permit for an
outdoor recreational facility (skate ramp) on Lot 63, Section 1,
Thoroughgood (4204 Ewell Road), containing 1 acre more or less
(BA YSIDE - DISTRICT 4)
Councilman Jones referenced OPPOSITION to this application.
ITEM # 46966
L. 7.
Applications of ALI HAMBAZ on property at the northeast
corner of Princess Anne Road and Baxter Road (KE3~SV1LLE -
DISTRICT 2):
Change of Zoning District Classification from R-SD Residential
Duplex District to Conditional B-2 Community Business District,
containing 2.13 acres.
b. Conditional Use Permit for an automobile service station and
car wash, containing 1.15 acres.
Councilman Mandigo referenced citizen concerns and believed there wouM be speakers in OPPOSITION.
ITEM # 46967
L. 8. Application of TERRY PETER~ON RESIDENTIAL TEN,
LL C,.for a Change of Zoning District Classification from R- Z 5
Residential District to A-12 Apartment District with a PD-H2
Planned Development District Overlap on the south side of
Indian River Road, west of Sandpebble Drive, containing 14. 77
acres (CENTERVILLE- DISTRICT 1)
Council Lady McClanan and Council Lady Parker will vote NA E Councilman Harrison will ABSTAINas
his law firm represents the applicant. Mayor Oberndorf wished the City Staff to provide a review of this
application.
ITEM # 46968
L. 9. Application of PA IV, LL C., a Virginia limited liability company
for a Change of Zoning District Classification from AG-I
Agricultural District to Conditional R-10 Residential District on
property north of Princess Anne Road beginning at a point 700
feet more or less west of Seaboard Road, containing 20,000
square feet (PRINCESS ANNE - DISTRICT 7).
Mayor Oberndorf and Council Lady Henley will vote NAY.
August 8, 2000
-11 -
AGENDA RE VIE W SESSION
ITEM # 46969
L. I O. Ordinances of the City of Virginia Beach:
AMEND the City Zoning Ordinance (CZO) 3g 111/905 re
shopping center identification signs and defining the term
"monument sign ".
Council Members Parker and Eure wished this item DEFERRED to accompany the other items related to
Large Retail Ordinance and Guidelines. Council Lady Parker referenced advertising signs which become
mini billboards. Even ifa place is totally leased, the sign never seems to go away. Through the use of
monument signs, the leasing agent could be listed on the bottom versus having a sign continually hanging.
Council Lady McClanan expressed concern and advised there should be guideBnes. She did not agree that
the lettering should not be the same style. She did not believe the proposed amendment should be the result
of requests to the Board of Zoning Appeals.
ITEM # 46970
BY CONSENSUS, the following items shall compose the CONSENTAGENDA:
Z. 2.
t. 3.
go
Z. 5.
Z. 9.
Application ofKEITH YEATES for a Variance to 3g 4. 4(b) of the
Subdivision Ordinance which requires that all newly created lots
must meet all requirements of the City Zoning Ordinance (CZO) ;
and, Section 4.4(d) which requires that all lots created by
subdivision have direct access to a public street, at 3077 Yeats
Lane (L YNNHA VEN - DISTRICT 5)
Application of ALICE O. SHURTZ for a Variance to 3g 4. 4(b) of
the Subdivision Ordinance which requires that all newly created
lots meet all requirements of the City Zoning Ordinance (CZO)
on the west side of Princess Anne Road, north of Pleasant Ridge
Road, containing 2 acres (PRINCESS ANNE- DISTRICT 7)
Applications of FRANK T. WILLIAMS FARMS forproperty on
the east side of Princess Anne Road, south of OM Pungo Ferry
Road, containing 455 acres more or less (PRINCESS ANNE -
DISTRICT 7):
Variance to reduce minimum pavement width for the interior
roads of the development from the required 30feet to 24feet.
Conditional Use Permit for an Alternative Rural Residential
Development
Application of ASSET CHANNELS lNC., for a Conditional Use
Permit for a Fiber-Optics Transmission Facility located at the
northern extremity of Distribution Drive, containing 5. 895 acres
(BEACH- DISTRICT 6).
Application of RICHMOND 10 MHZ, LLC d/b/a PRIMECO
PERSONAL COMMUNICATIONS for a Conditional Use
Permit for a communications tower at the northwest corner of
Dam Neck Road and Harpers Road, containing 9.87 acres
(BEACH- DISTRICT 6).
Application of PA W, L.L. C., a Virginia limited liability company
for a Change of Zoning District Classification from AG-1
Agricultural District to Conditional R-10 Residential District on
property north of Princess Anne Road beginning at a point 700
feet more or less west of Seaboard Road, containing 20,000
square feet (PRINCESS ANNE- DISTRICT 7).
August 8, 2000
-12-
AGENDA RE VIE W SESSION
ITEM It 46970 (Continued)
L. 10. Ordinances of the City of Virginia Beach:
a. AMEND and REORDAIN 6~ 106 of the City Zoning Ordinance
(CZO) re reduction of appeal time for certain offenses of a
short-term duration.
b. AMEND 6~ 1601 of the Coastal Primary Sand Dune Zoning
Ordinance re definition of a coastal sand dune.
c. AMEND the City Zoning Ordinance (CZO) 6~111/905 re
shopping center identification signs and defining the term
"monument sign ".
Item L. 3. will be DEFERRED until the City Council Session of August 22, 2000.
Vice Mayor Sessoms will ABSTAIN on Item L. 3. as the applicant does business with his bank.
Mayor Oberndorf and Council Lady Henley will vote a VERBA£ NAY on Item £.9.
Item L. 10.c. will be DEFERRED INDEFINITELY, BY CONSENT.
August 8, 2000
-13-
CITY COUNCIL COMMENTS
ll:$OA.M.
ITEM # 46971
Councilman Harrison referenced correspondence from RichardM. 5Mope, President-Kings Grant Landing
South Homes Association, requesting exemption to the proposed automated refuse collection. Councilman
Harrison has spoken wi& Mr. Swope. There are alternatives being proposed by E. Dean Block, Director of
Public Works, and he has scheduled a meeting wi& the neighborhood representatives. The Community is
designed wi&four (4) large cul-de-sacs. The Association believes &is type of automated waste disposal may
well serve the owners/residents of single family homes in Virginia Beach; however, its implementation is
not feasible and, in some cases, nearly impossible, for the owner/residents of certain town home sub-
divisions. Their major concerns was the storage of this huge automated containers, in their own home
community.
ITEM # 46972
Council Lady McClanan advised of meeting with the Executive Board of the Council of Civic Organizations
last week who wished to discuss communication with the City and the City Council. Council Lady McClanan
advised there are a number of new members on this Board. Council Lady McClanan had shared some of
the concerns with Lyle Sumek. Council Lady McClanan will distribute a summary of &e meeting to City
Council Members.
ITEM # 469 73
Councilman Branch referenced citizen concerns relative the cancellation, due to a lack of a quorum, of &e
regular Chesapeake Bay Preservation Area Board on duly 24, 2000. Councilman Branch requested the City
Manager forward correspondence reflecting City Council's serious concern over the inability of the Board
to have a quorum to conduct the City's business. There were several excused absences; however two
members were not excused, did not call and were not present, resulting in only four members in attendance.
ITEM # 469 74
Council Lady Henley referenced mosquito control, especially in view of the weather. E. Dean Block,
Director of Public Works, advised meeting last week with the mosquito control staff All the rain makes it
more difficult to spray. Now, the efforts have been redoubled and overtime has been authorized to
accomplish the spraying as well as larva sighting, which is being done in all parts of &e City - rural and
urban. The laboratory staff is one of the best in the nation.
August 8, 2000
-14-
ITEM # 46975
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, August 8, 2000, at 12:00
NOON.
Council Members Present:
Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr.,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Absent:
None
August 8, 2000
- 15-
ITEM # 46976
Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant
to Section Z !-344(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration or 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).
Boards and Commissions:
Board of Zoning Appeals
Community Services Board
Hampton Roads Transportation District Commission
Health Services Advisory
Parks and Recreation Commission
Public Library Board
Resort Advisory Commission
Virginia Beach Community Development Corporation
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
acquisition of real property for a public purpose, or of the disposition of
publicly-heM real property, where discussion in an open meeting wouM
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.1-344(A)(3).
Acquisition/Disposition of Property
Stumpy Lake
False Cape Lodge
Kempsville/ Princess Anne Road Intersection
Parcel at Independence Boulevard and
Holland Road
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requiring the provision of legal
advice by counsel pursuant to Section 2.1-344(A) (7).
Stumpy Lake Property
Contractual Negotiation - False Cape Lodge
City of Virginia Beach v. Nala Corporation, et al
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into
CLOSED SESSION.
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan*, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor
William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
*Council Lady McClanan ABSTAINED on the Princess Anne/Kempsville Road intersection and will not be
participating in the discussion. She will be absent during this discussion.
(Time of Closed Session: I2:00 NOON I to 1:55 P.M.)
August 8, 2000
-16-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
August 8, 2000
2:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the School Board Meeting Room, School Administra~'on Building No. 6, on Tuesday, August
8, 2000, at 2.'12 P.M
Council Members Present:
Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr. Mayor Meyera E. Oberndorf Nancy K. Parker, l~ce
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Absent:
None
IN-~OCA TION:
Reverend W. Michael Nobles, Sr.
Haygood United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, disclosed andABSTAINED on Item I. 3.
(Frank T. Williams Farms) and Item K. 1. (Production Road Ventures, L.L.C.) and advised there were no
other matters on the agenda in which he has a "personal interest", as defined in the Act, either individually
or in his capacity as an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he
may not know of the Bank's interest in any application that may come before City Council. ~ce Mayor
Sessoms' letter o f January 4, 2000, is hereby made a part of the record.
August 8, 2000
Item V-.E.
CERTIFICATION OF
CLOSED SESSION
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE
CLOSED SESSION TO BE INA CCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. clones, Reba S. McClanan, Robert C.
Mandigo, dr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor
William D. Sessoms, dr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 46976, Page 15, 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 Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
l(uth Hodges~mith, MMC
City Clerk
August 8, 2000
Item V-F. 1.
-17-
MINUTES
ITEM # 46977
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the
Minutes of the INFORMAL AND FORMAl. SESSIONS of July 11, 2000.
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, ,Ir. Mayor Meyera E. Oberndorf, Nancy K. Parker, ~ce
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
Item V-F. 2.
-18-
MINUTES
ITEM # 469 78
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROFED the
Minutes of the SPECIAL FORMAL and CLOSED SESSIONS of July 14, 2000.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr. Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice
Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Rosemary Wilson
Council Members Absent:
None
Council Lady Wilson ABSTAINED as she was not in attendance during
the City Council Session of July 14, 2000.
August 8, 2000
Item
- 19 -
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 469 79
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORAIAL SESSION
August 8, 2000
Item V-H.
PRESENTATION
- 20 -
PA VILION EXPANSION STATUS
ITEM # 46980
dames B. Ricketts, Director- Convention and F~sitor Development, advised the Pavilion expansion has been
studied for a number of years and is a major component in developing Virginia Beach as a quality year
round destination; thereby, enhancing this City's economic vitality. Tourism is a major economic
contributor to the City's economy. Last year, according to OM Dominion University's Annual Economic
Report of Tourism, the City had a record $601-MILLION expended by out-of-town visitors, which
contributed $46.1-MILLION in direct tax revenue to the City. If the expenditures are included to support
the tourism industry, the City received an $18.2-MILLION net return on the dollar prior to the multiplier
effect. This averaged to 65. 2% average rate of return on investment. The tourism industry also contributes
l l,500 permanent jobs and has an impact on the region of $1.2-BILLION.
PA VILION EXPANSION GOALS
Lengthen the shoulder season helping to make 1,2rginia Beach a quality
year-round resort.
Expand the tourism industry, which will encourage private investment in
the Resort Area and other parts of the City.
Attract a "higher economic impact" attendee
Provide modern facilities for the citizens of Virginia Beach and the
region for local events.
The Pavilion expansion is a "double win ": the community and the tourism industry. The Pavilion is no
longer competitive as a convention destination. The situation is getting worse and declines every year. The
Pavilion is no longer able to serve the local and regional population. Several contracts have been
awarded.
Community Research Projects
Bonney & Company (Focus Group Studies)
Continental Research (People Poll)
Feasibility Study
PricewaterhouseCoopers (Atlanta) - update on 1997 study.
Con ceptu al Design
TVS (Thompson Ventulett Stanback & Associates) -Atlanta
The model depicting the conceptual design and renderings of the Pavilion were displayed in the back of the
Chamber. The Pavilion 2004 Steering Committee was established by Convention and Iqsitor Development
in December 1999. The Steering Committee is a broad based city-wide committee of 31 community, city and
business leaders. 16 additional subcommittee members and 9 ex-officio members were also appointed. The
Committee process is open to the public andpress. There have been five (5)full meetings of the full Steering
Committee and numerous subcommittee meetings. Other convention centers were visited in Atlanta, Myrtle
Beach, Mobile, Savannah, Philadelphia and Ocean City. The City Council Liaisons are Council Lady
Margaret Eure and Councilman Linwood O. Branch, III.
Steering Committee Organization
Finance
Facility Design
Legislative
Public Awareness
Site Selection Committee
August 8, 2000
Item V-H.
- 21 -
PRESENTATION
PA VILION EXPANSION STA TUS
ITEM # 46980 (Continued)
Council Lady Eure introduced the main part~'cipants: :
Robert C. Goodman, Jr. - Pavilion 2004 Steering Committee Chair
Ned Williams- Finance Committee Chair
Robert Vakos - Site Selection Committee Chair
Jimmy Capps - Public Awareness Committee Co-Chair
Cornell Fuller - Public Awareness Committee Co-Chair
Kevin Cosgrove - Legislative Committee Co-Chair
Bill Miller - Legislative Committee Co-Chair
Robert C. Goodman advised the purpose of the presentat~'on:
Provide an interim Steering Committee report to City Council in
advance of its retreat.
A quick insight into the competitive environment
An overview by PricewaterhouseCoopers of economic impacts
A presentation by Thompson Ventulett Stanback & Associates of
potential architectural solutions
Present the Steering Committee resolutions, including finance and site
selection
Mike Ezell, nationally renowned Architect - PricewaterhouseCoopers, assisted in the presentation. All
successful Convention Centers must have great visual impact, excellent "back of house", effective pre-
function space and plenty of it, first quality meeting rooms, state-of-the-art exhibition space and elegant
ballrooms. Sites in Mobile, Alabama; Richmond [3rginia; Philadelphia, Pennsylvania; Savannah, Georgia;
and Chicago, Illinois were depicted.. A Convention Center is a business, not just a facility. It requires a
continuously well executed business, operational and marketing plan. To maintain excellence means: Quality
service for attendees and meeting planners; dedicated funds for maintenance and replacement; and,
committed leadership.
Rob Canton, National Director - Sports Conventions and Leisure Practices/PricewaterhouseCoopers. The
infrastructure is in place.
Pavilion Building Program
Existing Expanded
Exhibit Hall 5 7, 000
Meeting &Ballroom 5, 600
150,000
$S, O00
Expansion Study Scenarios
No-build: Events will be lost if Pavilion is not expanded
Expansion Scenario I: Recent hotel upgrades, standard future hotel
renovations and minimal, if any growth in supply
Expansion Scenario 2: Upgrade Doubletree Hotel (+ 150 rooms) and
improved quality of interior and service. Addit~'onal high quality hotel
rooms on the Oceanfront. Total of 850 addit¥onal convention quality
hotel rooms in Virginia Beach.
There are approximately 64, 000 attendees to events throughout the year. As a result of expanding the
Pavilion between Scenario 1 and 2, there is a potential for between 120,000 to 160, 000 attendees.
August 8, 2000
Item V-H.
PRESENTATION
- 22 -
PA VILION EXPANSION STATUS
ITEM # 46980 (Continued)
Pavilion Expansion
An expanded Pavilion shouM result in a more than doubling of
convention and trade show attendance.
Virginia Beach wouM regain its competitive position as a convention
destination
The expanded facility will enable the City to compete effectively for state
and regional events.
Incremental Increase in Direct Spending Due to Expansion
Virginia Beach Hampton Roads Virginia
Scenario 1
Direct Spending $ 47, 500, 000 $ 50, 500, 000 $ 27, 700, 000
Hotel Room Nights 91,000
Scenario 2
Direct Spending $ 74, 600, 000 $ 79, 300, 000 $ 44, 800, 000
Hotel Room Nights 144, 000
Incremental Increase in Economic Activity due to Expansion
Virginia Beach Hampton Roads Virginia
Scenario 1
Sales Volume $ 76, 600, 000 $ 89, 400, 000 $ 49, 200, 000
Income $ 27,200,000 $ 32,000,000 $18,500,000
Employment 1,500 1,700 900
Scenario 2
Sales Volume $120,400,000 $140,300,000 $ 79, 600, 000
Income $ 42, 800, 000 $ 50, 300, 000 $ 29, 900, 000
Employment 2, 400 2, 700 1,500
Incremental Increase in Fiscal Benefits due to Expansion
Scenario 1 Scenario 2
City of Virginia Beach $1, 700, 000 $ 2, 700, 000
Commonwealth of Virginia $1,200, 000 $ 2, 000, 000
Total $ 2, 900, 000 $ 4, 700, 000
Mr. Ezell advised expanding on the program developed by PricewaterhouseCoopers which identified
approximately 150,000 square feet of exhibit space, 55,000 square feet divided between a 30,000 square
foot minimal ballroom and 20, 000 square feet of additional meeting space. Based on industry standards,
this program was expanded into a total facility size of approximately 529,000 square feet.
August 8, 2000
- 23 -
Item V-H.
PRESENTATION
PA VILION EXPANSION STATUS
ITEM # 46980 (Continued)
Mr. Ezell displayed schematics of the proposed expansion. Graphics depicted the Pavilion and the Dome
sites to evaluate their capabilities. Dotted lines indicate expansion and some sites for additional
incremental parking is going to be necessary in terms of forward thinking. If there is a destination that is
desirable, they will expand in a 5 to 8 year timeframe. The Dome site is primarily three blocks defined by
straddling 19t* Street between Arctic and Pacific and an additional block with exposure on Atlantic, north
of 19t* Street. Dotted lines indicate expansion whether north or south and additional parcels, which must be
identified for additional parking.
Mr. Goodman advised from the Committee's analysis, both sites can generate a fine architectural solution
that not only meets all the program criteria, but meets all the functional and aesthetic criteria to be
competitive. Primary concerns relative the Dome site were the associated delay could result in a "no-build"
outcome, the additional cost of land acquisition and construction, citizen opposition based in part on the
results of the "People Poll". Secondary concerns with the Dome site were traffic in the central Resort Area,
other possible uses of the Dome site and the dislike of condemnation. The Steering Committee recommended
that the Pavilion be expanded at its current site.
Mike Barrett, 212 72"a Street, advised he was in SUPPORT of this project of expanding the existing Pavilion.
Mr. Barrett's E-mail is hereby made a part of the record. Mr. Barrett did not speak
Bill Dillon, Abby Road Restaurant, Phone: 425-6330, was in SUPPORT of this project of expanding the
existing Pavilion; however was opposed to any increase in the meals tax. Correspondence of August 8,
2000, is hereby made a part of the record. Mr. Dillon did not speak.
Bruce Thompson, 456 Southside Road, businessman and developer in Virginia Beach, working on the
Oceanfront for over thirty-five years, encouraged the City to continue to research the viability of building
the Convention Center at the Oceanfront for the purpose of revitalizing Atlantic Avenue; provide the
facility, the meeting planner and convention delegate desires as they pick I~rginia Beach for their
convention; and, would like to be at Virginia Beach, and provide a competitive advantage over other
markets by distinguishing Virginia Beach as a "convention destination" with a unique setting, the Atlantic
Ocean.
August 8, 2000
- 24 -
Item V-H.
PRESENTATION
PROJECT FUNDING OPTIONS
ITEM # 46981
Patricia Phillips, Director of Finance, provided information relative Preliminary Funding Options for
major Projects.
Alternatives to Achieving goals
Pavilion Expansion Renovation
Hybrid Conference Center
Rudee Loop Development - Herman Property Option
Virginia Marine Science Museum Expansion
Former Dome Site Redevelopment
Conference Quality Hotel
Hotel In du cements
Sports Marketing
Wise investments can economically strengthen the City, as well as provide quality public amenities. There
are synergistic effects. One project can impact the others. The Finance Subcommittee of the Pavilion 2004
Steering Committee adopted Finance Principles which were utilized to develop the funding plan.
Revenues and expenses for this project shouM be tracked to ensure
separation form funds used for other purposes.
The financing plan should provide capacity to fund replacement and
renewable over time.
Grants from state and private sources should be pursuecL
Hotel and meal tax increases should be implemented as soon as
practical to allow reserves to be accumulated, subject to conceptual
approval of th e project
When taxes are increased, the ordinance should contain specific
restrictions on the use of these funds for the Pavilion.
To the extent practical some portion oft he hotel and restaurant taxes
should be redirected for the project this includes realignment of TGIF
fund revenues.
The redirected revenue sources should not result in a reduction to
current city services.
The revenue sources should not be dedicated to another purpose
A significantportion of new taxes should bepaid by non-residents.
Revenue produced by the chosen taxes shouM respond to the amount
of economic activity generated by the Center.
The chart indicating a comparison of Hotel and Sales Tax Rates. ~rginia Beach has a rate of lO%, which
compares favorably with other localities. Many of the competitors are at much higher rates. Pricewaterhouse
had advised Virginia Beach couM raise its hotel and sales tax rates between 1 ~ % and 2 1/2% and still be
competitiv~
Combined Restaurant Food and Sales Tax Rates
Hampton Roads Cities Rate
Hampton 9 %
Newport News 9 %
Virginia Beach i 9%
Suffolk 9. 5 %
Chesapeake 10%
Norfolk 10%
Portsmouth 11%
*.5% designated for TAP; .5% designated for TGIF
August 8, 2000
Item V-H.
PRESENTATION
- 25 -
PROJECT FUNDING OPTIONS
ITEM # 46981 (Continued)
The Virginia Beach Cigarette Tax is $0.27 per pack; therefore, there is a capacity to raise.
PRELIMINARY MAJOR PROJECTS FUNDING PLAN
Scenario 1 Scenario 2 Scenario 3
Redirected Taxes
Restaurant Meal Tax 1/2% 1/2% 1/2%
('General Fund)
Hotel Tax (TGIF) 8% 8% 8%
Admissions Tax (TGIF) 3% 3% 3%
Cigarette Tax (General
Fund)
New Taxes
Hotel Room Tax 1 1/2% 2% 2%
Restaurant Meal Tax 0 1/2% 1%
Cigarette Tax 34 3¢ 3¢
General FundBalance $ 9 $ 9 $ 9
(A4illions)
Local Amount $180. $240 $300
Financed (2?lillions)
Annual Revenue Increases
Hotel 1%
Restaurant Meal 1%
Cigarette Tax 1¢
$1.7-MILLION
$$. 6-MILLION
$ .3-MILLION
The most common sources of revenue for convention centers are the hotel and the meal taxes. Most new
facilities receive some form of financial support from the state. As an example, the Baltimore, Maryland
Convention Center expansion in 1996, cost $1$O-MILLION. Maryland financed two-thirds of the cost.
Richmond, Firginia , recently received a $10-MILLIONgrantfor the expansion of their convention center
from a Regional partnership. Chesapeake, Henrico and Hanover all agreed to raise their hotel tax from
2¢ to 8¢ and contribute same to the entity that is financing their convention center. The City of Richmond
increased their hotel tax from 6¢ to 8¢.
Next Steps
Develop proposed General Assembly legislation to pursue various state
funding options.
Request Council action to extend Herman property option
Seek Council comment and direction.
Mayor Oberndorf referenced correspondence from the Virginia Beach Restaurant Association expressing
opposition to increased meal taxes. Concerns were also expressed from citizens in opposition to a package
of projects being funded.
August 8, 2000
Item V-H.
PRESENTATION
- 26-
PROJECT FUNDING OPTIONS
ITEM # 46981 (Continued)
Mrs. Phillips advised the estimated cost to expand at the present Pavilion site is $161.5-MILLION. The
estimated cost to buiM at the Dome/Oceanfront site would be approximately $226-MILLION, including
acquisition of park land. Relative the Preliminary Major Projects Funding Plan, Mrs. Phillips will provide
the dollar amounts associated with the percentages in Scenarios 1, 2 and 3. The statement was made, the
majority of these taxes will be paid by visitors. The Pavilion expansion wouM encompass Scenario 1. The
Pavilion expansion and the Marine Science Museum would encompass Scenario 2 These are generic
scenarios.
The economics of an expanded Doubletree Hotel or a stand alone hotel at the Oceanfront have not been
studied.
To commence construction for completion by 2004, approval by City Council is necessary in January 2000.
August 8, 2000
- 27-
Item V-I. 1.
ITEM ti 46982
Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING:
SITE PLAN ORDINANCE: Amendment of ~ 5B re Fees and Procedures
for Floodplain Variances
The following registered to speak:
Attorney R. E. Bourdon, Pembroke One, 5th Floor, Phone: 499-8971, expressed concerns. The Floodplain
Ordinance presently has problems with staff interpretation. Attorney Bourdon will address his concerns in
a memorandum to City Council.
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
August 8, 2000
Item V-I.Z
- 28 -
ITEM # 46983
Mayor Meyera E. Oberndorf DECLARED 21 PUBLIC HEARING:
FARMER'S MARKET LEASE
Space 30 to Joseph C. Nemie - t/a Dogs for America
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
August 8, 2000
Item V-L3.
- 29 -
ITEM # 46984
Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING:
FY 2000-01 CAPITAL BUDGET APPROPRIATION ORDINANCE
Amendment Supplemental appropriation and transfer for acquisition of
Stumpy Lake and adjoining properties
Mayor Oberndorf read into the record correspondence of Marjorie M. Mayfield, Executive Director - the
Elizabeth River project in SUPPORT of the Ordinance. Said letter is hereby made a part of the record.
The following registered in SUPPORT:
Paul Hamaker, 1813 Barkading Court, Phone: 479-3133
John Devel, 203 43ra Street, Phone: 441-1347, represented the Southeastern Association for I~rginia's
Environment (SA VE).
Lawrence Sarosdy, 5084 Janet Court, Phone: 398-9151, represented Hoffler, Creek Wildlife Foundation,
Inc.
Robert Anderson, 1528 Ashland Avenue, Phone: 627-8136, represented the Cape Henry Audobon Society
Sue Carlyle, 1425 Alanton Drive, Phone: 481-2538, represented the l~rginia Beach Audubon Society
Rebecca Plate, 852 Outerbridge Way, Phone: 479-1957
Duane Coolman, 1812 Coker Court, Phone: 479-1464, represented Citizens for Stumpy Lake
Pedro Brickers, 2321 Turnpike Road, Portsmouth, Phone: 399-1523
Daniel Baxter, 2001 Drumneller Court, Phone: 495-7224, represented the Glenwood Community
Anne Donnal, 904 Royal Oak Close, Phone: 498-7221
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
August 8, 2000
- 30-
Item V- J/lC.
ORD INANCES/RES OL UTI O NS
ITEM # 46985
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN
ONE MOTION, ORDINANCES 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 andRE, SOLUTIONS 1 and 2 of the
CONSENT AGENDA.
Voting: ] 1-0
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, dr.,
Barbara M. Henley, Louis R. clones, Reba S. McClanan, Robert C.
Mandigo, dr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, dr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady McClanan voted a VERBAL NAY on Item 3.
Councilman Harrison ABSTAINED on K. 1.as the applicant is a client of his law firm.
Vice Mayor Sessoms ABSTAINED on K. 1.as the applicant is a client of his bank.
August 8, 2000
- 31 -
Item V- J. 1.
ORDINANCES
ITEM # 46986
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AMEND 3~ 5B of the Site Plan Ordinance by establishing
required fees andprocedures re floodplain variances. (Deferred 2/8/O0;
5/10/00; and 7/11/00
Voting: 11-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, dr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
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AN ORDINANCE TO AMEND SECTION 5B OF THE SITE
PLAN ORDINANCE BY ESTABLISHING REQUIRED FEES
AND PROCEDURES PERTAINING TO FLOODPLAIN
VARIANCES
Section Amended: Site Plan Ordinance § 5B
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 5B of the Site Plan Ordinance is hereby amended
(e) to
and reordained by the addition of a new Subdivision
Subsection 5B.8, to read as follows:
5B.8.
(a)
Variances:
Notwithstanding any other provision of this ordinance,
the city council may grant such variances from the terms
of this section as will not be contrary to the public
interest in cases in which the strict application of the
provisions of this section would effectively prohibit or
unreasonably restrict the use of the subject property;
provided, however, that no variance shall be granted
unless the city council finds that (1} such variance will
not create or result in unacceptable or prohibited
increases in flood heights, additional threats to public
safety, extraordinary public expense, nuisances, fraud or
victimization of the public; (2) the granting of such
variance will not be detrimental to other property in the
vicinity; (3) the circumstances giving rise to the
application are not of a general or recurring nature; (4)
such circumstances arise from the physical character of
the property or from the use or development of adjacent
property and not from the personal situation of the
applicant; and (5) the granting of such variance will not
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(b)
(c)
(d)
be in conflict with any ordinance or regulation of the
city.
Variances shall be the minimum necessary to provide
relief from the applicant's hardship.
The city engineer shall notify applicants, in writing,
that the granting of a variance to construct a structure
below the lO0-year flood elevation (1) increases the
risks to life and property and (2) will result in
increased premium rates for flood insurance.
A record of all variance
justifications for the granting
actions, including
of variances, and
notifications issued pursuant to this section shall be
maintained by the city engineer, and all variances
granted shall be noted in the annual or biennial report
submitted to the Federal Insurance Administrator.
(e) Applications for variances from the requirements of this
section shall be made to the city council and filed with
the director of planninq. The fee for such applications
shall be Four Hundred Sixty-Seven Dollars ($467.00) . The
director shall not accept any application not accompanied
by payment of the required fee. The procedure for the
advertisinq, hearinq and determination of applications
for floodplain variances shall be in accordance with the
requirements pertaininq to applications for subdivision
variances, as set forth in Section 9.4 of the Subdivision
Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia,
on this 8th day of August, 2000.
CA-7532
wrnm/ordres / 46 - 5B8. corn
R-1 - December 16, 1999
2
Item V- J. 2.
ORDINANCES
- 32 -
ITEM # 46987
Upon motion by l~ce Mayor Sessoms, seconded by Councilman Branch,
City Council ADOPTED:
Ordinance to authorize the City Manager to lease Space #30 at the
Farmers' Market to Joseph C. Nemie - t/a Dogs for America
Voting:
11-0 (By Consen0
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, ~ce
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO LEASE A SPACE AT THE
VIRGINIA BEACH FARMERS MARKET
WHEREAS, the City of Virginia Beach has leased spaces in the
Farmers Market located at the intersection of Princess Anne and Dam
Neck Roads for twenty-three years;
WHEREAS, a space at the Farmers Market is available for lease,
and City staff has identified a proposed tenant wishing to lease
this space; and
WHEREAS, a public hearing concerning the proposed lease has
been advertised and conducted.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized on behalf of the
City of Virginia Beach to enter into a lease agreement with Joseph
C. Nemie (trading as "Dogs for America") for space #30 at the
Farmers Market.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the R~h day of ~ugust , 2000.
CA7809
F:~Data~ATY~Ordin~NONCODE~FM space 30.ord.wpd
July 27, 2000
R-3
APPROVED AS TO CONTENT:
~ '/~~,Dep ar t ment~' o~~r e
APPROVED AS TO LEGAL
SUFFICIENCY:
~~~ /~ f~f~ce
City Attorney s
- 33 -
Item V- J. 3.
ORDINANCES
ITEM # 46988
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to ESTABLISH a Capital Project for acquisition;
APPROPRIATE $6,430, O00 from the General Fund Balance and Water
and Sewer Fund's Retained Earnings; and, TRANSFER $2,970,000
from existing capital projects re purchasing Stumpy Lake and adjoining
properties currently owned by the City of Norfolk.
Voting:
10-1 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Robert C. Mandigo, Jr., Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr. and Rosemary Wilson
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
August 8, 2000
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AN ORDINANCE TO ESTABLISH CAPITAL
PROJECT #4-022, STUMPY LAKE PROPERTY
ACQUISITION, AND TO PROVIDE $9,400,000
FOR ACQUISITION OF THE STUMPY LAKE
PROPERTY
WHEREAS, the City of Norfolk owns approximately 1,400 acres of real estate
located in the Cities of Virginia Beach and Chesapeake which it has maintained as a water
utility, golf course and open space (the "Stumpy Lake Property");
WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "City
Council") finds and believes that Virginia Beach is in need of a park for recreational,
environmental and educational activities for its citizens and for visitors to the City, an
additional water source, and stormwater management and drainage facilities, all of which are
public purposes;
WHEREAS, the City of Norfolk has agreed to sell the Stumpy Lake Property to a
private developer;
WHEREAS, by ordinance adopted July 11, 2000, City Council authorized the
acquisition of the Stumpy Lake Property, by purchase or condemnation, and determined that
such acquisition for the above-stated public purposes is in the best interest of the community;
WHEREAS, City Council has determined that a public necessity exists to acquire
property from the City of Norfolk, Virginia, or its assigns, co-owners, and/or successors in
title, in order to establish a public park and an additional water supply source, to use the
property for drainage, water facilities, and stormwater management, and to otherwise
enhance the safety, health, peace, good order, comfort, convenience, and the welfare of the
people in the City of Virginia Beach and for other public purposes;
WHEREAS, the estimated cost of acquiring the lake and the surrounding properties,
along with other related acquisition costs, is $9.4 million; and
WHEREAS, funding for this acquisition is available from the following sources:
Capital Project #2-089, Southeastern Parkway & Greenbelt
Capital Project #4-004, Open Space Program Site Acquisition
Water and Sewer Fund - Retained Earnings
General Fund - Fund Balance
$2.47 million
$0.5 million
$3.08 million
$3.35 million
32
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34
35
36
37
38
39
40
41
42
43
44
45
46
47
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That Capital Project # 4-022, Stumpy Lake Property Acquisition, is hereby
established in the FY 2000-01 Capital Improvement Program.
2. That the FY 2000-01 Capital Budget is hereby amended by appropriating
$3,080,000 from the Water and Sewer Fund's Retained Earnings and $3,350,000 from
General Fund - Fund Balance to Capital Project #4-022, Stumpy Lake Property Acquisition.
3. That $2,470,000 from Capital Project # 2-089, Southeastern Parkway and
Greenbelt, and $500,000 from Capital Project # 4-004, Open Space Program Site
Acquisition, are hereby transferred to Capital Project # 4-022, Stumpy Lake Property
Acquisition.
4. That the appropriations and transfers authorized by this ordinance, which total
$9.4 million, are for the purpose of funding the acquisition, by condemnation or sale, of the
Stumpy Lake Property owned by the City of Norfolk.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 day
of August, 2000.
CA7813
F :~DataLATY~OrdinLNONCODE\stumpy lake.ord.wpd
August 2, 2000
R4
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY:
k~t'y AttOrney's Offt~- '
Citgof
July 18, 2000
BERNARD A. PISHKO
City A~:orney
HAROLD R JUREN
DANIEL R. HACEMEISTER
JOHN .Y. RICHARDSON, JR.
ANDRE A. FOREMAN
MARY L. NEXSEN
MARTHA G. ROLLINS
NATHANIEL BEAMAN IV
MARTHA P. McGANN
CYNTHIA B. HALL
CHARLES S. PRENTACE
JACK E. CLOUD
REBECCA McFERREN KING
To the Honorable Council
City of Norfolk, Virginia
RE: Stumpy Lake
Lady and Gentlemen:
The attached ordinance and Purchase Agreement pertain to the sale of Stumpy Lake. This
Lake Purchase Agreement is independent from the Original Purchase Agreement, the
business terms of the Original Purchase Agreement are unchanged, it remains in full force
and effect. The attached independent Lake Purchase Agreement provides for the sale of
the lake, pipeline and approximately fifty (50) acres of property on the side of Indian River
Road across from Stumpy Lake for a price of $3,000,000. The purchase price is to be paid
over eight (8) years. Interest accrues at 6½% per annum. The first two (2) years interest
only is paid. Thereafter interest plus $500,000 in principal are paid each year.
Transamerica will have the right to pump water from Stumpy Lake into our water system
for up to ten (10) years and the obligation to close the pipeline. During any such pumping
Transamerica shall bear the risk and hold the City harmless.
Respectfully submitted,
BAP:Im
Bernard A. Pishko
City Attorney
810 Union Street, 908 City Hall Building, Norfolk, Virginia 23510
(757) 664-4529 / Fax- (757) 664-4201
Form and Correctness Approved:
Office of the City Attorney
NORFOLK, VIRGINIA
Form CCO-O~
Conte~proved:,
ORDINANCE No. 40,042
AN ORDINANCE APPROVING THE TERMS OF A LAKE PURCHASE
AGREEMENT WITH TRANSAMERICA SERVICES, INC. FOR THE
SALE OF STUMPY LAKE ("THE LAKE") .
WHEREAS, Transamerica Services, Inc. and the City of
Norfolk entered into an Original PurchaSe Agreement dated March,
1999, that in part provides for the payment of up to an additional
$8,000,000 in the event that .material use" is made of Stumpy Lake;
and
WHEREAS,. the sale of Stumpy Lake makes probable its
· material use" and receipt of an additional $8,000,000} now,
therefore,
BE IT ORDAINED by t~e Council of the City of Norfolk:
Section 1:- That to make probable the payment
of the deferred $8,000,000, we hereby approve the
terms and conditions included in the attached Lake
Purchase Agreement with Transamerica Services, Inc,
relating to the sale of Stumpy Lake for $3,000,000.
Section 2:- That the city Manager and City
Attorney are authorized to take such further
actions as are necessary in relation to the sale
authorized hereby.
Adopted by Council July 18, 2000
Effective August 18, ~2000
TRUE COPY
TESTE:
R. BRECKENRIDGE DAUGHTREY, CITY CLERK
BY:
DEPUTY CITY CLERK
LAKE PURCHASE AGREEMENT
THIS LAKE PURCHASE AGREEMENT (this "Agreement") is made as of this __
da>; of July, 2000, by and between TRANSAMERICA SERVICES, INC., a Virginia corporation,
or assigns '(hereinafter referred to as "Buyer"), and THE CITY OF NOR.FOLK, a municipal
corporation (hereinafter referred to as "Seller"' or the "City").
RECITALS:
A. Buyer and Seller entered into a Purchase A'gree'ment (the "Original Purchase. .
Agreement") dated as of March 1, 1999, with respect to the sale of certain property owned by'the
Seller and located in the Cities of Virgirda Beach and Chesapeake, Virginia, as more particularly
described in the Original Purchase Agreement.
B. The Purchase Agreement has been amended by the following amendments:
(i)
First Amendment to Purchase Agreement dated as of April .30, 1999;
(ii) Second Amendment to Purchase A~eement dated as of Jtme 22, 1999;
(iii) Th/rd Amendment to Purchase Agreement'dated Es'of September 1, -1999;
(iv)
Fourth Amendment to PurchaSe Agreement dated as ofNcivember 10, '
1999;
(v) Fifth Amendment to Purchase Agreement dated as of March 6, 2000;
(vi)
Sixth Amendment to Purchase Agreement dated as of March 31, 2000;
and
(vii) Seventh Amendment to Purchase Agreement 'dated as of June 23, 2000.
C. The P~rchase Agreement, as amended by the amendments described in
subparagraphs (i) through (vii) of Paragraph B above~ is hereinafter referred to as the "Original
Purchase Agreement".
D. The parties desire to enter into an additional purchase agreement with regard to
the purchase of the Lake Property (as hereinafter defined).
E. Capitalized terms used herein and not defined herein shall have the meanings
ascribed to those terms in the Original Purchase Agreement.
1-323627.3
7/13/00 ...........
bounds description of Parcels B, D and E as shown on the Subdivision Plat. In accordance ¢ith
Paragraph 10 of th/s Agreement, the parties ~ill use their reasonable best efforts before Closing
to establish the specifics of the legal description of the Property and the Lake Property for
p .re-_poses of the deeds of such property to Buyer and the Land Deeds of Trust and the Lake Deed
of Trust. The provisions of this paragraph shall supersede any provisions of the Original
Purchase Agreement to the contrary.
2. PURCHASE PRICE.
(a) The purchase price for the Lake Property shall be Three Million'Dollars
($3,000,000) and shall be payable as follows: ...... : . _
(i) The Three Million Dollar ($3,000,000) purchase price for the Lake
Property shall be evidenced by a deferred purchase money note (the "Lake Note") of Buyer,
which shall bear interest at six and One-h.alf p_erc, ent .(6.5%) per annum,, and which shall be
payable interest only (the fn'st such interest payment being due one (1) year after'Closing) until
two (2) years after Closing, when installments of Five Hundred Thousand Dollars ($500,000) per
year plus accrued and unpaid interest shall commence and shall-be due and payable on each
anniversary of the Closing date until such Lake Note is paid in full. Buyer will hive the right to
prepay th8 Lake Note at any time, without prepayment premium.
(h) (i) The purchase price for the property will be a~ S'et forth in the
Original Purchase Agreement, and the purchase price for the Land will be evider~ced by the
deferred purchase money note of Buyer described in Paragraph 2(a)(iii) of the Original Purchase
Agreement (hereinafter referred to as the "Land Note").
(ii) Buyer will have the right to prepay the Land Note in full at any
time, without prepayment premium, at net present value at the time of prepayment, discounted at
ten percent (10%). If conditions (A) and (B) set forth in Paragraph 2(a)(iii) of the Original
Purchase Agreement have not been satiified at the time of prepayment and the annual
installments have not yet commenced under the Land Note, the Land Note will be discounted on
the assumption that deferred payments commence on the later of (i) two years after Closing, or
(ii') when the prepayment occurs, and are paid annually thereafter. The Land Note will be
cancelled and the First Land Deed of Trust (as that term is hereinafter defined) will be released
upon such prepayment in full, and Buyer shall not thereafter, have any rights under
Paragraph 2(e) or 2(f') of the Original Purchase Agreement.
(iii) Additionally, Buyer will have the right to prepay any installment
payable under the Land Note at any time, without prepayment premium, in which event Buyer
shall be entitled to the release of portions of the Land from the lien of the Land Deeds of Trust as
provided in Paragraph 2(c)(iii).
1-323627.3 -3-
(F) The Land Deeds of Trust and the Lake Deed of Trust ~'ill
include a reservation by the Buyer of such easements over the Land and the Lake as are
reasonably required for the drainage o~ the Golf Course (and any development theresf).
(iv) The parties will use good faith efforts to attempt to agree on the
form of the Land Note, the Lake Note, the Land Deeds of Trust and the Lake Deed of Trust
before Closing. If the parties are unable to agree on the form of such documents by the Closing
Datel either party shall have the fight to terminate this Agreement and the Original Purchase
-A~eement, in which event Buyer shall be entitled to the return of that portion of the Deposit
pursuant to the Original Purchase Agreement that has not been withdrawn from the Project
Approvals Escrow Account, and neither of the parties hereto shall have any further fights against,
or obligations to, the other party hereto.
(d) The foregoing provisions of this Para~aph 2 shall supersede any
provisions 0fthe original Purchase Agreement to the contrary. ·
The Land Note is the purchase money note referenced in Paragraph 2(f)(i)
and Paragraph 2(f)(iv) of the Original Purchase Agreement, and, except as provide, d below, the
Deed of Trust referenced in Para~aph 2(f) of the Original Purchase Agreement means the First
Land Decal of Trust only.
If the Seller exercises the option granted by Paragraph 2(f)(i)(z) or
Paragraph 2(f)(iv)(z) of the Original Purchase Agreement} Buyer shall be obligated to convey the
remaining Property secured by the two Land Deeds of Trust free and clear of indebtedness other
than the two Land Deeds of Trust. If Seller does not exercise such opt. ion as provided in
Paragraph 2(f)(ii) or Paragraph 2(f)(iv) of the Original Purchase Agreement, the indebtedness to
be cancelled is the Land Note only, and only the First Land Deed of Trust will be released until
the repayment of the Land Note (when the Second Land Deed of Trust will be released).
(e) In the event the Buyer desires to sell all or substantially all of the Lake
Property within one year from the date of Closing, the Buyer will gi~,e the City notice of such
d~.sire to sell the Lake Property (''Sales Notice"). The City will have the fight to repurchase the -'
Lake Property, exercisable within thirty (30) days after receipt of tl~e Sales Notice from the
Buyer. The repurchase price will be the cancellation, of the Lake Note, plus all fees and. expenses
that the Buyer has incurred in connection with purchasing, conductingdue diligence on and
developing the Lake Property, including engineering fees, title insurance premiums, legal fees,
loan origination and closing fees and all other fees and expenses incurred by the Buyer in
connection with acquiring and developing the Lake Property. The Sales Notice shall include a
statement of the interest that the Buyer has paid from the date of acquisition of the Lake Property
to the date of the Sales Notice together with the current interest rate on the acquisition loan(s)
and the amount thereof, and a statement of the fees and expenses that the Buyer tias incurred in
connection with purchasing,' conducting due diligence on and developing the Lake Property as
I-~23627.3 _~_ . ~
7/13/00 ................................
maintenance of such piping and assumption of the City's obligations under any such easement
agreements, (ii) grant the Buyer an easement'on commercially reasonable terms (but without the.
payment of any fee or other consideration), to discharge water from Stumpy Lake into Lake
Lawson for a period often (10) years thereafter, subject to the terms and conditions of this
Paragraph' 3, and (iii) grant the Buyer an easement on commercially reasonable terms to enable
the Buyer to maintain the aforedescribed piping (to the extent the City owns any portion oft_he '
property over which such piping runs). Buyer shall have the fight from time to time for a period
often (10) years after Closing, after reasonable advance notice to Seller, to pump water from
Stumpy Lake into Lake La~vson so long as such pumping activities do not (i) reduce the quality
of the waters within Lake Lawson below the level of water quality in Lake Lawson that the
Seller has found acceptable during or after Seller's past pumping activities} as evidenced by the
Seller's water quality test results for the past two (2) years which are attached hereto as Schedule
1_ (hereinafter referred to as a "Water Quality Impact"), or (ii) cause flooding of adjacent property
(other than the Property or the Lake Property), after Seller has exhausted all measures normally
undertaken by the Seller under such'circumstances to alleviate flooding, if such flooding is in
excess of the level of flooding, if any, that Seller has accepted in the past in connection with the
operation of Seller's water system (hereinafter referred to as a "Flooding"). Buyer confm-ns that
all such activities shall be at the risk of Buyer and will be conducted at the sole expense of'Buyer
and that B. uyer will indemnify and hold Seller harmless with respect thereto as provided in
Paragraph 5 of this Agreement.
(b) If the Seller determines, in good faith, that the Buyer's pucn. Ping activities
(A) have rfisulted in a Water Quality Impact or CB) have caused a Flooding, the Seller shall so
notify Buyer in writing, and Buyer shall cease such pumping activities until Buyer has made or
caused to be made such modifications or adjustments to Buyer's pumping activities (or to the
water treatment) such that Buyer's pumping activities will not thereafter cause a Water Quality
Impact or Flooding, or until any natural causes of Flooding have subsided. If Seller's
determination as to the occurrence of a Water Quality Impact is not supported by the written
opinion described in Paragraph 3 (c), and/or a copy of such written opinion is not provided to
Buyer within ten (10) days after Seller's written notification to Buyer to cease pumping
activities, Buyer may resume Buyer's prior pumping activities without modifications or
a~ljustments unless [Lad until Seller provides to Buyer the written opinion described in Paragraph'
3(c). Seller will cooperate with Buyer in adjusting the Seller's water treatment, to the extent
reasonably prudent in a?cordance with prevailing municipal water quality and treatment
standards, as may reasonably be necessary to prevent or remedy a Water Quality Impact, to the
extent reasonably prudent, so long as Buyer agrees at the time of such adjustment to pay any
expenditures required to be made by Seller in connection therewith. Seller's fights under this
Paragraph 3(b) are in addition to Seller's rights under Paragraph 5.
(c) Any determination made by the Seller under Para~aph 3(a) as to the
occurrence of a Water Quality Impact must be supported in writing by the professional opinion
of an indePen.de_n!. W~!.e_~'_en~jn~_.e__r_.?h0 is not ~Ployed by'th~ Seller, and Sell~r'mti~f iS~ovide ii .
?/13100
_Citg of _.
NortOlk
Department of Law
July 18, 2000
BERNARD A. PISHKO
City AJ~orney
HAROLD P. JUREN
DANIEL R. HAGEMEISTER
JOHN .Y. RICHARDSON, JR.
ANDRE A. FOREMAN
MARY L. NEXSEN
MARTHA G. ROLLINS
NATHANIEL BEAMAN IV
MARTHA P. McGANN
CYNTHIA B. HALL
CHARLES S. PRENTACE
JACK E, CLOUD
REBECCA McFERREN KING
To the Honorable Council
City of Norfolk, Virginia
RE: Stumpy Lake
Lady and Gentlemen:
The attached ordinance and Purchase Agreement pertain to the sale of Stumpy Lake. This
Lake Purchase Agreement is independent from the Original Purchase Agreement, the
business terms of the Original Purchase Agreement are unchanged, it remains in full force
and effect. The attached independent Lake Purchase Agreement provides for the sale of
the lake, pipeline and approximately fifty (50) acres of property on the side of Indian River
Road across from Stumpy Lake for a price of $3,000,000. The purchase price is to be paid
over eight (8) years. Interest accrues at 6½% per annum. The first two (2) years interest
only is paid. Thereafter interest plus $500,000 in principal are paid each year.
Transamerica will have the right to pump water from Stumpy Lake into our water system
for up to ten (10) years and the obligation to close the pipeline. During any such pumping
Transamerica shall bear the risk and hold the City harmless.
Respectfully submitted,
Bernard A. Pishko
City Attorney
BAP:Im
810 Union Street, 908 City Hall Building, Norfolk, Virginia 23510
(757) 664-4529 / Fax: (757) 664-4201
71171oo lm
Form and Correctness Approved:
Office of the City Attorney
NORFOLK, VIRGINIA
Form CCO-O0;
C~proved:,
.ORDINANCE. No. ro,o42
AN ORDINANCE APPROVING THE TERMS OF A LAKE PURCHASE
AGREEMENT WITH TRANSAMERICA SERVICES, INC. -FOR THE
SALE OF STUMPY ~ ("THE LAKE").
WHEREAS, Transamerica Services, Inc. and the city of
Norfolk entered into an Original PurchaSe Agreement dated March,
1999, that in part provides for the payment of up to an additional
$8,000,000 in the event that .material use" is made of Stumpy Lake;
and
.material
WHEREAS,. the sale of Stumpy Lake makes probable its
use" and receipt of an additional $8,000,000; now,
therefore,
BE IT ORDAINED by the Council of the City of Norfolk:
Section 1:- That to make probable the payment
of the deferred $8,000,000, 'we hereby approve the
terms and conditions included in the attached Lake
Purchase Agreement with Transamerica Services, Inc,
relating to the sale of Stumpy Lake for $3,000,000.
Section 2:- That the city Manager and City
Attorney are authorized to take such further
actions as are necessary in relation to the sale
authorized hereby.
Adopted by Council July 18, 2000
Effective August 18, 2000
TRUE COPY
TESTE:
R. BRECKENRIDGE DAUGH'!'kEY, CITY CLERk·
BY:
DEPUTY CITY CLERK
LAKE PURCI--IASE AGREEMENT
THIS LAKE PURCHASE AGi~EEMEI~IT (this "Agreement") is made as of this
das; of July, 2000, by and between TRANSAMERICA SERVICES, INC., a Virginia corporation,
or assigns '(hereinafter referred to as Buyer ), and THE CITY OF NORFOLK, a municipal
corporation (hereinafter referred to as "Selle/" or the "City").
RECITALS:
A. Buyer and Seller entered into a Purchase A~'gree'ment (the "Original Purchase.
Agreement") dated as of March 1, 1999, with respect to the sale of certain property owned by'the
Seller and located in the Cities of Virginia Beach and Chesapeake, Virginia, as more particularly
described in the Original Purchase Agreement.
Bo
The Purchase A~eement has been amended by the following amendments:
(i)
(ii)
(iii)
(iv)
First Amendment to purchase Agreement dated as of April .30, 1999;
Second ,4amendment to Purchase A~eement dated as of Jtme 22, 1999;
Th/rd Amendment to Purchase Agreement' dated'/~-s'of September 1,-1999;
Fourth Amendment to PurchaSe Agreement dated as ofNc~vember 10, '
1999;
(v)
Fifth Amendment to Purchase Agreement dated as of March 6, 2000;
Sixth Amendment to purchase Agreement dated as of March 31, 2000;
and
(vii) Seventh Amendment to Purchase Agreement'dated as of June 23, 2000.
C. The Purchase Agreement, as amended by the amendments described in
subparagraphs (i) through (vii) of Paragraph B above is hereinafter referred to as the "Original
Purchase Agreement".
D. The parties desire to enter into an additional purchase agreement with regard to
the purchase of the Lake Property (as hereinafter defined).
E. Capitalized terms used herein and not defined herein shall have the meanings
ascribed to those terms in the Original Purchase Agreement.
1-323627.3
?/13/00
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00), c-ash
in hand paid, the receipt and sufficienc, y of ~hich are hereby acknowledged, the parties a~ee as
follows:
'WITNESSETH:
1. PROPERTY. Seller agrees'to sell, and Buyer agrees to buy, at the price, and
upon the terms, provisions and conditions hereinafter set forth, the below described property
(hereinafter referred to as the "Lake Property") situated in the Cities of Virginia Beach and
Chesapeake, Virginia. The Lake Property is all of the property owned by the Seller adjacent to
and including Stumpy Lake reservoir, exclusive of the "Property" Which isto be sold pursuant to
the Original Purchase Agreement (the Property to be sold pursuant to the Original Purchase
Agreement being hereinafter referred to as the "Property"). The Lake Property is that generally
shown on the attached plat, designated "EX}tIBIT A" (except the Property, which is shaded in
green) and the Lake Property includes (a) the Stumpy Lake bottom as generally'shown on ...
"EXHIBIT A", Co) the waters in Stumpy Lake, (c) a twenty-five foot (25') strip immediately
surrounding the lake (the "Buffer Area"), (d) the dam, (e) the pump station and its supporting
land on the other side of Elbow Road from Stumpy Lake, (f) the intake structure in the lake near
the dam, .and (g) the piping connecting the intake to the pump station, it being the expressed
intention of the parties that the Buyer acquire all of Seller's rights in and to the waters of Stumpy
Lake. ............................................
'The parties agree that the area shown on "EXHIBIT A-i" marked "'Lake Wetland
(Uncertain Delineation)" will be deemed to be part of the Lake Property for pUrposes of this
Agreement.
The Property, excluding the Golf Course is hereinafter sometimes referred to as
the "Land".
The Lake Property will be more particularly described in a legal description to be
developed for use in the deed referred to in Paragraph 4.hereof and for use in the Land Deeds of
T~st and the Lake Deed of Trust (as those terms are hereafter defined).
The Property will not be resubdivided as contemplated by the Original Purchase
Agreement; however, ~e parties a~ee that the subdivision plat that has been prepared by
Engineering Services, Inc. entitled "Resubdivision of Stumpy Lake Reservoir, Virginia Beach,
Vkginia Chesapeake, Virginia, dated February 9, 2000, consisting of eight pages (the
"Subdivision Plat") will serve as the basis for the metes and bounds description of the Property
and the Lake Property. The parties agree that the legal description of the Golf Course will be the
metes and bounds descriptio'n of Parcel A as shown on the Subdivision Plat, the legal description
of the Lake Property will be the metes and bounds description of Parcel C as shown on the
Subdivision Plat, and the legal description of the balance of the Property will be'the metes and ....
1-323627.3 -2-. .....
bounds description of Parcels B, D and E as shown on the Subdivision Plat. In accordance x}ith
Paragraph 10 of this Agreement, the parties q'rill use their reasonable best efforts before Closing
to establish the specifics of the legal description of the Property and the Lake Property for
p .urposes of the deeds of such property to Buyer and the Land Deeds of Trust and the Lake Deed
of Trust. The provisions of this paragraph shall supersede any provisions of the Original
Purchase Agreement to the contrary.
PURCHASE PRICE_.
(a) The purchase price for the Lake Property shall be Three Million'Dollars
($3,000,000) and shall be payable as follows:. ' .... '.'-~ -.-
(i) The Three Million Dollar ($3,000,000) purchase price for the Lake
Property shall be evidenced by a deferred purchase money note (the "Lake Note") of Buyer,
which shall bear interest at six and °ne-half percent (6.5%) per annum, an.d which shall be
payable interest only(the first such interest p~y~ent being due one (1) year after'Closing) until
two (2) years after Closing, when installments of Five Hundred Thousand Dollars ($500,000) per
year plus accrued and unpaid interest shall commence and shall'be due and payable on each
anniversary of the Closing date until such Lake Note is paid in full. Buyer will hzive the right to
prepay th~ Lake Note at any time, without prepayment premium.
Co) (i) The purchase price for the prOperty will be as set forth in the
Original Purchase Agreement, and the purchase price for the Land will be evidericed by the
deferred purchase money note of Buyer described in Paragraph 2(a)(iii) of the Original Purchase
Agreement (hereinafter referred to as the "Land Note").
(ii) Buyer will have the right to prepay the Land Note in full at any
time, without prepayment premium, at net present value at the time of prepayment, discounted at
ten percent (10%). If conditions (A) and 03) set forth in Paragraph 2(a)(iii) of the Original
Purchase Agreement have not been satNfied at the time of prepayment and the annual
installments have not yet commenced under the Land Note, the Land Note will be discounted on
the assumption that deferred payments commence on the later of (i) two years after Closing, or
(ii') when the prepayfnent occurs, and are paid annually thereafter. The Land Note will be
cancelled and the First. Land Deed of Trust (as that term is hereinafter defined) will be released
upon such prepayment in full, .and Buyer shall not thereafter, have any rights under
Paragraph 2(e) or 2(f) of the Original Purchase Agreement.
(iii) Additionally, Buyer will have the right to prepay any installment
payable under the Land Note at any time, without prepayment premium, in which event Buyer
shall be entitled to the release of portions of the Land from the lien of the Land Deeds of Trust as
provided in Paragraph 2(c)(iii).
(c) Deeds of Trust.
(i) The Lan'd Note sh'all be secured by a first lien deed of trust (the
"F~rst Land Deed of Trust') against the Land.
(ii) The Lake Note' shall be secured by a first lien deed of trust (the
"Lake Deed of Trust") against the Lake and a second lien deed of trust (the "Second Land Deed
of Trust") against the Land (the First Land Deed of Trust and the Second Land Deed of Trust
being hereinafter sometimes'collectively referred to as the "Land Deeds of Trust"). The Lake
Deed of Trust shall not require that the consent or approval of the Trustee or Beneficiary
thereunder be obtained for lowbring, dredging, reconfiguring or other modification or use of the
Lake Property, so long as Buyer conducts such activities in accordance with all applicable
federal, state and local laws, codes and regulations applicable thereto and obtains all
governmental approvals required for such activities.
(iii) (A) The Land Deeds of Trust will contain a release provision
whereby Buyer shall be entitled to the release of a portion of the Land from the lien of both the
First Land Deed of Trust and the Second Land Deed of Trust, upon payment to the Seller of(I)
Twenty-Two Thousand Dollars ($22,000) for each acre or pro rata portion thereof to be released
(subject t~ the provisions of Paragraph 2(c)(iii)(C)), if the Lake Note has not yet been paid in
full, or (2) SiXteen Thodsand Dollars ($16,000) for each acre or pro rata portion thereof to be
released if the Lake Note has been paid in full.
03) All principal payments made on the Land Note and any
payments made pursuant to Paragraph 2(f)(iv) of the Original Purchase Agreement will entitle
Buyer to obtain releases pursuant to Paragraph 2(c)(iii)(A) above, and Sixteen Thousand Dollars
($16,000) of each Twenty-Two Thousand Dollar ($22,000) per acre release payment made
pursuant to Paragraph 2(c)(iii)(A) above shall be credited as a prepayment of the next maturing
installment of principal under the Land Note.
(C) The Buyer shall be entitled to a dollar-for-dollar credit _.
against the Twenty-';l'wo Thousand Dollar ($22,000) per acre release fee, for each dollar of -'
principal previously paid on the Lake Note and not applied as herein provided, up to a maximum
credit of Six Thousand Dollars ($6,000) per acre of Land to be released.
(D) Public rights-of-way shall be included when calculating the
amount of property released and a release fee shall be paid therefor.
(E) The Land Deeds of Trust will provide that the Seller will
cause the trustee to join in rezoning applications, subdivision plats, easements, dedications,
permit applications, etc. required for the development of the Project or any portion thereof, SO
long as the Trustee is riof sUbj ~ted tO any-liability isa r~sult of such joinder or execution. - ..........
1-323627.3 -4-
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CF) The Land Deeds of Trust and the Lake Deed of Trust kill
include a reservation by the Buyer of such easements over the Land and the Lake as are
reasonably required for the drainage o~the Golf Course (and any development theresf).
(iv) The parties will use good faith efforts to attempt to agree on the
form of the Land Note, the Lake Note, the Land Deeds of Trust and the Lake Deed of Trust
before Closing. If the parties are unable to agree on the form of such documents by the Closing
Datel either party shall have the right to terminate this Agreement and the Original Purchase
-A~eement, in which event Buyer shall be entitled to the return of that portion of the Deposit .-
pursuant to the Original Purchase Agreement that has not been withdrawn from the Project '
Approvals Escrow Account, and neither of the parties hereto shall have any further rights against, -.
or obligations to, the other party hereto.
(d) The foregoing provisions of this Para~aph 2 shall supersede any
provisions Of the original purchase Agreement to the contrary. ' -.
The Land Note is the purchase money note referenced in Paragraph 2(f)(i)
and Paragraph 2(f)(iv) of the Original Purchase Agreement, and, except as provide, d below, the
Deed of Trust referenced in Para~aph 2(f) of the Original Purchase Agreement means the First
Land Decal of Trust only. .. ..
If the Seller exercises the option granted by Paragraph 2(f)(i)(z) or
Paragraph 2(f)(iv)(z) of the original Purchase Agreement', Buyer shall be obligat&d to convey the
remaining Property secured by the two Land Deeds of Trust free and clear of indebtedness other
than the two Land Deeds of Trust. If Seller does not exercise such opt. ion as provided in
Paragraph 2(f)(ii) or paragraph 2(f)(iv) of the Original Purchase Agreement, the indebtedness to
be cancelled is the Land Note only, and only the First Land Deed of Trust will be released until
the repayment of the Land Note (when the Second Land Deed of Trust will be released).
(e) In the event the Buyer desires to sell all or substantially all of the Lake
Property within one year from the date of Closing, the Buyer will glove the City notice of such
ds,sire to sell the Lake Property ("Sales Notice"). The City will have the right to repurchase the --
Lake Property, exercisable within thirty (30) days after receipt of tlae Sales Notice from the
Buyer. The repurchase price will be the cancellation of the Lake Note, plus all fees and expenses
that the Buyer has incm:red in connection with purch'asing, conductingdue diligence on and
developing the Lake Property, including engineering fees, title insurance premiums, legal fees,
loan origination and closing fees and all other fees and expenses incurred by the Buyer in
connection with acquiring and developing the Lake Property. The Sales Notice shall include a
statement of the interest that the Buyer has paid from the date of acquisition of the Lake Property
to the date of the Sales Notice together with the current interest rate on the acquisition loan(s)
and the amount thereof, and a statement of the fees and expenses that the Buyer has incurred in
connection with purchasing,- conducting due diligence on and developing the Lake Property as' '-
1-323627.3
7113100 · -- '
well as an estimate of any fees in such categories that the Buyer expects will accrue betweerrthe
date of the Sales Notice and a projected clo~ing date assuming that the option is exercised by the
Ci.ty and closed in accordance with the periods permitted by the right of first refusal under this
subparagraph 2(e). At the City's request, the Buyer will make available its records with respect
to such interest and fees and expenses for review by the City.
If the City does not exercise its right to repurchase the Lake Property
within such thirty (30) day period after receipt of the Sales Notice from the Buyer, the Buyer
shall be free to sell the Lake Property free and clear of such right of first refusal.
If the City exercises the option to repurchase the Lake Property granted by .-.
this Subparagraph 2(e), a closing will be held within sixty (60) days after the City gives notice of
its exercise. The Property will be reconveyed to the City by special warranty deed (except that
the land on. the other side of Elbow Road from the Lake will be reconveyed by quitclaim deed)
subject to all matters of record at the time of acquisition by Buyer and all other contracts and ................
agreements (except Deeds of Trust and/or other security interests [other than the Second Land
Deed of Trust and the Lake Deed of Trust]) that the Buyer has entered into affecting title to the
Lake Property between the date of acquisition of the Lake Property and reconvey .ance to the City.
The Buye. r shall include in the Sales Notice a description of all contracts and other title matters
that the Buyer has entered into since closing the purchase of the Lake Property to which title to
the Lake Property will be subject at the time ofreconVeyance to the City.' ..................... :: -.""~ ..' .'
The right of first refusal granted'by this subparagraph 2(e) shall not restrict
nor be deemed to restrict the Buyer from entering into contracts, easements or other agreements
that might affect title to the Lake Property during the time between Closing and one year after
Closing when the right of first refusal granted by this subparagraph 2(e) will expire.
The right of first refusal granted by this subparagraph 2(e) and the
corresponding right of first refusal granted by Paragraph 2(g) of the Original Purchase
Agreement shall not apply to a condemnation of all or any portion of the Lake Property or the
P?perty, as applicable, or to a sale t° a governmental authority under threat of condemnation.
If Buyer proposes to sell both the Lake Property and the Property., the
Seller's right of first refusal ca/mot be exercised as to the Lake Property without an exercise as to
the Property, and vice x;ersa. ' "
3. WATER RIGHTS.
(a) At Closing, the City will (i) quitclaim to Buyer (or its designee pursuant
to Paragraph 8) ownership of the piping that connects the pump station for Stumpy Lake to Lake
Lawson, together with any easements granted to the City or its predecessors for the installation ..
and mainter/ance'bf §ueh piping, Subject to the transferee's assumption of responsibility for the -- ..
1-32362T~ .~6-.. ' - _
7/13/00
maintenance of such piping and assumption pfthe City's obligations under any such easement
agreements, (ii) grant the Buyer an easement"on commercially reasonable terms (but without the
payment of any fee or other considerzftion), to discharge water from Stumpy Lake into Lake
Lawson for a period often (10) years thereafter, subject to the terms and conditions of this
Paragrapl{ 3, and (iii) grant the Buyer an easement on commercially reasonable terms to enable
the Buyer to maintain the aforedescribed piping (to the extent the City owns any portion of the '
property over which such piping runs). Buyer shall have the right from time to time for a period
often (10) years after Closing, after reasonable advance notice to Seller, to pump water from
Stumpy Lake into Lake Lawson so long as such pumping activities do not (i) reduce the quality
of the waters within Lake Lawson below the level of water quality in Lake Lawson that the . '
Seller has found acceptable during or after Seller's past pumping activities', as evidenced by the
Seller's water quality test results for the past two (2) years which are attached hereto as Schedule '
1__ (hereinafter referred to as a "Water Quality Impact"), or (ii) cause flooding of adjacent property
(other than. the Property or the Lake Property), after Seller has exhausted all measures normally
undertaken by the Seller under such circumstances to alleviate flooding, if such flooding is in
excess of the level of flooding, if any, that Seller has accepted in the past in connection with the
operation of Seller's water system (hereinafter referred to as a "Flooding"). Buyer confu-ms that
all such activities shall be at the risk of Buyer and will be conducted at the sole expense of Buyer
and that B. uyer will indemnify and hold Seller harmless with respect thereto as provided in
Paragraph 5 of this Agreement.. .................................. _:.... ................
(b) If the Seller determines, in good faith, that the Buyer's pupa. ping activities
(A) have rdsulted in a Water Quality Impact or CB) have caused a Flooding, the Seller shall so
notify Buyer in writing, and Buyer shall cease such pumping activities until Buyer has made or
caused to be made such modifications or adjustments to Buyer's pumping activities (or to the
water treatment) such that Buyer's pumping activities will not thereafter cause a Water Quality
Impact or Flooding, or until any natural causes of Flooding have subsided. If Seller's
determination as to the occurrence of a Water Quality Impact is not supported by the written
opinion described in Paragraph 3(c), and/or a copy of such written opinion is not provided to
Buyer within ten (10) days after Seller's written notification to Buy.er to cease pumping
activities, Buyer may resume Buyer's prior pumping activities without modifications or
a~ljustments unless ~ind until Seller provides to Buyer the written opinion described in Paragraph'
3(c). Seller will cooperate with Buyer in adjusting the Seller's water treatment, to the extent
reasonably prudent in accordance with prevailing municipal water quality and treatment
standards, as may reasonably be necessary to prevent or remedy a Water Quality Impact, to the
extent reasonably prudent, so long as Buyer agrees at the time of such adjustment to pay any
expenditures required to be made by Seller in connection therewith. Seller's rights under this
Paragraph 3(b) are in addition to Seller's rights under Paragraph 5.
(c) Any determ'ination made by the Seller under Paragraph 3(a) as to the
occurrence of a Water Quality Impact must be supported in writing by the professional opinion .......
of an independent water engineer.who is not ~nPloyed by'th~ Sellei, and SelI&;'musf p~:ovide a
....................... ... ....... -, ..................... : .......7 ' ~ .......... -7_:- -~ ...... .'
_.'_-~_ -_7'.2'2_'./--: ........................ ~ L_-'k .'2'.~'.-_i:2:'2.'Z22J:"'.-."- . "77.' ..-
1-323627.3 -' .. _ _7_.. _ -
7/13100
copy of sdch ,,wit-ten determination to Buyer ~within ten (10) days after notifying Buyer to cease
pumping activities because of a Water Qualify Impact. If Seller does not satisfy the requirements
of this Paragraph 3(c) as to a Water Qt~ality Impact, Buyer will have the right to resume Buyer's
prior pumping activities without modifications or adjustments unless and until Seller provides to
Buyer the written opinion described in this Paragraph 3(c). If such engineer or any affiliate of
such engineer then has or has previously had any contractual relationship with the Seller or has
discussed w/th the Seller any potential contractual relationship (other than for the purposes set
forth in this Agreement), such engineer shall not be considered to be independent.
4. SETTLEMENT. Subject to the provisions 0fPara~aph 6 hereof, settlement
hereunder shall be simultaneous with Settlemen~ under ;the Original Purchase Agreement, and
settlement for the purchase of both the Property and the Lake Property shall be made at the law
offices of Willcox & Savage, P.C. in Norfolk, Virginia on or before August 15, 2000, subject to
extension in accordan.ce with Para~aph 6 (hereinabove and hereinafter referred to as the
"Closing Date"). If Closing has not 'occurred by Noyember 15, 2000 for reasons'iother than a
default by the party that desires to exercise the termination option described in this sentence, then
either party shall have the fight to terminate this Agreement and the Original Purchase
Agreement by written notice to the other party, in which event the entire Deposit 0f$300,000
(and all interest accrued thereon) under the Original Purchase Agreement, excluding any amounts
which Buyer shall have withdrawn from the Project Approvals Escrow Account shall be
refunded tO Buyer, and neith'~i:'6fth~'paftieS'h~ret0 shall have any further fights against, or
obligations to, the other party.~ hereto or under the Original Purchase A~eement.. At closing
(hereinabove and hereinafter referred to as the "Closing"), Seller shall deliver to Buyer (a) a
Deed of Special Warranty to the Lake Property conveying to Buyer, good, marketable, fee simple
title to the Lake Property, free and clear of all liens, encumbrances, restrictions, easements and
defects whatsoever except for the Permitted Exceptions, as hereinafter def'med (except that the
land on the other side of Elbow Road from Stumpy Lake will be conveyed by quitclaim deed)
and (b) a bill of sale for any tangible personal property of Seller used in connection with the Lake
Property. Rents and real estate taxes shall be prorated and adjusted as of the Closing Date.
Unless exempted by the Code of Virginia of 1950, as amended, Seller shall pay the grantor's tax
on the aforesaid deed and Buyer shall be responsible for the payment of all other reco.rding taxes
find related fees in Connection with the recordation thereof. At Closing, the Seller shall deliver to
Buyer an affidavit substantially in the form attached hereto as "EXHIBIT B" disclosing no lease
of the Lake Property to Buyer's title insurance company issuing the title policy referred to in
Paragraph 6(a) in order'to permit Buyer's title insurahce company to omit all of the standard
exceptions from the title insurance policy to be obtained by Buyer as contemplated by Paragraph
6(a).
5. HOLD HARMLESS.
(a) Buyer hereby remises, quitclaims, releases and forever discharges, the Seller and
its SuCces~6r~, hsSigns,-ag~htS;-employee~ and offiCers; (the "Relea~ees") from any and all, and ...............
?/II/00 .............
all manner of, actions and causes of action, suits, claims and demands whatsoever in law or &il
equity which Buyer may have against the Rereasees or any of them relating to or arising out of (i)
the actions of Buyer and Buyer's Representatives on the Lake Property or any property of Seller
which abuts the Lake Property or (ii) the actions of Buyer and Buyer's Representatives PUrsuant
to Para~aph 3, it being agreed that Buyer does hereby voluntarily assume all risks of loss,
damage or injury, including death, that may be sustained by Buyer or any of Buyer's
Representatives while in, on or about the Lake Property or such abut'ting property or resulting
from Buyer's activities pursuant to Paragraph 3.
(b) Buyer Shall indemnifY, defend and hold harmless the Releasees from and against
any and all claims, suits, actions, liabilities, losses, damages and/or expenses (including, without
limitation, attorneys' fees and court costs), including, but not limited to, those arising in
connection with bodily and personal injury (including death) and/or damage to property, which
arises in whole or in part from the presence or actions of Buyer or Buyer's Representatives in, on
or about the Lake Property or which results from Buyer's activities pursuant to Para,apb 3. The
indemnification contained in this subparagraph does not include indemnification for loss, cost or
expense (including attorneys' fees) which results from any unfavorable test results or discovery
of any undesirable existing conditions on the Lake Property including, without limitation, any
loss resulting from any decrease in the fair market value of all or any portion of ~e Lake
Property 6r the inability of Seller to market the Lake Property due to any such discovery or
unfavorable test results or indemnification for loss, cost or expense (including attorney's fees)
which results from the negligence or wilful misconduct of the Releasees or any .tl~.'rd p .aryy.
(c) Buyer shall not suffer or permit any mechanic's lien, or other lien, to be filed
against the Lake Property, or any part thereof, by reason of work, labor, services or materials
supplied, or claimed to have been supplied, to Buyer, or anyone claiming under Buyer. If any
such mechanic's lien, or other lien, shall at any time be filed against the Lake Property, Buyer
shall cause the same to be discharged of record or bonded off to Seller's satisfaction within ten
(10) business days of the date of filing the same, and if Buyer shall fail to discharge such lien
within such period, then Seller may at its option discharge the same by paying the amount
claimed to be due without inquiry into the validity of the same and Buyer shall thereupon
i ~mrnediately reimbm;se Seller for any payment so made. "
(d) Prior to any entry upon the Lake Property by Buyer or any of Buyer's
RepresentativeS, and bkfore Buyer conducts the actix;ities described in Paragraph 3, Buyer shall
deliver to Seller a certificate evidencing that the Buyer has in full force and effect a
comprehensive general liability insurance policy insuring on an occurrence basis against claims
for bodily injury (including death) and/or property damage, and specifically endorsed to include
coverage for contractual liability, independent contractors and broad form property damage,
having a minimum limit of Five Million Dollars ($5,000,000) per occurrence, combined single
limit, and naming Seller as an additional insured. Buyer shall keep such insurance in effect
1-323627.3 .... -9- . ....... - ....
'//1]/00 ·.
throughout the term of this Agreement or Closing, whichever first occurs and throughout thee
term of Buyer's activities pursuant to Paragraph 3. ~"
6. CONDITION TO BUYER'S OBLIGATION: TITLE. Buyer's obligation to
purchase both the Property and the Lake Property shall be expressly subject and conditioned
upon the satisfaction of the following on or before the Closing Date, and these provisions shall
supersede any provisions of the Original Pur'chase Agreement to the contrary:
(a) Title to the Property and the Lake Property shall be good and marketable,
as set forth in subparagraph Co) below, subject to no exceptions other than the Permitted
Exceptions and any mortgages, liens or encumbrances to be satisfied on the Closing Date as
permitted in subparagraph (b) below, and the title insurance company from which the title
commitment referred to in subparagraph Co) below has been obtained, shall be prepared to issue,
at its standard premium rates, a title insurance policy pursuant to such title commitment, insuring
the title to the Property and the Lake Property in accordance with the Title Commitment, subject
only to the Permitted Exceptions, in 'the amount of the combined Purchase Price for the Property
and the Lake Property. It is understood and agreed that the rights, if any, of the public and/or any
local or state government in the Causeway Area shall be a "Permitted Exception" as to the
Causeway Area. - '..
In the event the condition of Paragraph 6(a) shall not have been satisfied
on or before the Closing Date, Buyer shall have the right to terminate this A~gfeement and the
Original Purchase Agreement by the giving ofwritten notice to Seller on or before the Closing
Date, in which event the entire Depokit of $300,000 (and all interest accrued thereon) under the
Original Purchase Agreement, excluding any amounts which Buyer shall have withdrawn from
the Project Approvals Escrow Account shall be refunded to Buyer, and neither of the parties
hereto shall have any further fights against, or obligations to, the other party hereto.
(b) Buyer has obtained a title insurance commitment for the Property and the
Lake Property and an ALTA survey for the Property and the Lake Property and has fu_mished
Seller with a copy of a title report ("Title Report") and the survey for the Property and the Lake
Property with a written statement of title and survey objections, copies of Which are attached as
"EXHIBIT C". All matters shown on the title report to which Buyer has not objected shall be
deemed "Permitted Exceptions". Seller and Buyer have resolved all title and survey objections
described in the letters attached as "EXHIBIT C", ex. cept as to Special Exceptions (3) and (4) as
described in the May 5,' 1999 title objection letter att~.ched hereto as "EXHIBIT C" and except as'
to the Brigadoon Lots Encroachments as described in the August 15, 1999 survey objection letter
attached as "EXItlBIT C". Seller shall remove, satisfy or cure such remaining title and survey
objections and for this purpose Seller shall be entitled to a reasonable adjournment of the Closing
in the event Seller gives Buyer notice (the "Seller's Notice") within thirty (30) days before the
Closing Date indicating that Seller requires additional time to remove, satisfy or cure such
remaining title and survey objections, but in no event shall the adjournment exceed thirty (30)
7/1 MOO
days. If Seller fails to satisfy such objections by the Closing Date (as it may be extended byf
Seller's Notice), Buyer shall have the followi~ng options: (i) to accept Seller's deed to the
Property and the Lake Property in accbrdance With this A~eement and the Original Purchase
Agreement subject to such title and survey defects and without reduction of thc Purchase Price
under this Agreement or the Original Purchase Agreement, except that Buyer shall have the right
to discharge any lien that arises after the date hereof that can be satisfied by the payment of
money, in which event any such amounts paid by Buyer shall be credited against the cash portion .
of the Purchase Price under the Original Purchase Agreement, or (ii) to terminate this Agreement
and the Original Purchase Agreement upon notice to Seller within ten (10) days after, the
expiration of Seller's thirty (30) day period, with a refund to Buyer of the Deposit of $300,000 -
(and all interest accrued thereon) under the Original Purchas'e Agreement, excluding any amounts
which Buyer shall have withdrawn from the Project Approvals Escrow Account and this
Agreement and the Original purchase Agreement shall be of no further force and effect, except as
otherwise provided herein. Buyer may, nevertheless, accept such title as Seller may be able to
convey, upon notice given to Seller within ten (10) days 9fBuyer s..rece~pt of Sel. lers Notme,
without reduction of the Purchase Price or any credit against the same and without liability on
the part of Seller. Seller agrees that it shall not take any action to change the status of its title to
the Property or the Lake Property or encumber or permit the Property or the Lake Property to be
encumbered before the Closing. Notwithstanding anything contained in this Para~aph 6 to the
contrary, Seller also agrees that Seller will promptly give a follow-up notice to the encroaching
adjacent landowners and will cause such encroachments to be removed by the Closing Date. - ....
7. REAL ESTATE COMMISSION AND EXPENSES. Seller an(~ Buyer each
represent to the other that they have not dealt with any real estate agent or broker in connection
with the sale of the Lake Property to Buyer, and Seller and Buyer expressly covenant and ag-tee
to indemnify and save the other harmless from and against any and all cost.y, expenses, and
liabilities, including, without limitation, attorney's fees of any type whatsoever, with respect to
any claim for fees or commissions asserted against the other by any real estate agent or brokei
with which it has dealt. With respect to the closing of the Lake Property, each party shall pay its
own attorney's fees.
; 8. ASSIGNMENT~.. Buyer will have the right to assign this Agreement to any -.
partnership, corporat'lon or limited liability company in which the undersigned or the principals
or shareholders of the undersigned are principal members, partners or shareholders as applicable, "'
provided however, any 'such assignment shall not relieve Buyer as a primary party of its
obligations under this Agreement.
9. NOTICES, All notices, requests or other communications permitted or required
under this Agreement shall be in writing and shall be deemed to have been given if and when
deposited in the United States registered or certified mail, postage prepaid, return receipt
requested, addressed to the respective parties hereto as follows:
· _ -~--_i'.-.- Y2_-5_---..7'.77.--~2-~'~ .... .Y.~27_~'-~7~ .... 2~-- .~'2.' 7. '2'-' i "- ........
~-n~6~?.~ - 11- . ....
'/[ 131o0
IF TO SELLER:
The City of Norfolk
1106 City HalFBuilding
Norfolk, VA 235i0
Attention: City Manager
WITH A COPY TO:
City Attorney -
908 City Hail'Building
Norfolk, Virginia 23510
Attention: Bernard Pishko
IF TO BUYER:
Transamerica Services, Inc.
1120 Laskin Road
Virginia Beach, VA~ 23451
Attention: Mr. Michael F. Gelardi, Vice President
WITH A COPY TO: Thomas G. Johnson, Jr.
Willcox & Savage, P.C.
1800 Commercial Place
Norfolk, VA 23510
10. - COOPERATION. Buyer agrees that it will use its reasonable best efforts to
obtain all Project Approvals as soon as practicable. Buyer and Seller agree to use their
reasonable best efforts to reach agreement before Closing with respect to the ieg~ii description of
the Property and the Lake Property and each component thereof, for purposes of the Deeds, the
Land Deeds of Trust and the Lake Deed of Trust, consistent with the provisions of Paragraph 1
hereof. In the event that sUch agreement is not reached, either party may elect to terminate this
Agreement and the Original Purchase Agreement, in which event the entire Deposit of $300,000
(and all interest accrued thereon) under the Original Purchase Agreement excluding any mounts
which Buyer shall have withdrawn from the Project Approvals Escrow Account shall be
refunded to Buyer, and neither of the parties shall have any further fights against, or obligations
to, the other party hereto.
Seller will promptly notify the tenant under the Golf Course Lease that the tenant
is currently in default in its maintenance obligations under the Golf Course Lease in the respects
set forth on "EXHIBIT'E". Seller will use reasonabl4 efforts to cause'the tenant to cure such
maintenance defaults, but Seller shall have no liability for the tenant's failure to do so. Seller
will also cooperate with Buyer after Closing in Buyer's efforts to enforce the Golf Course Lease
(if the tenant's current defaults continue after Closing), but Seller shall not be required to join in
any enforcement action brought by Buyer unless Seller's joinder is required to enforce the Golf
Course Lease.
1-323627.3
~,'~/oo -12-
JUL-18-O0 TUE 11'45 AM
SAVAGE
F~X 110. 757 "tS 5566
?. 2
DRAFT
11. EMINEbFrDOMA~N.: In the event that any eminent
domain proceeding (including a temporary taldng) affecting any portion of the Property
Or the Lake Property is commenced on or prior to the Closing by a governmental body
having the power of eminent domai n (a"Condemnation"), Seller shal[ immediately give
Buyer written notice thereof, and Buyer shall have the option:
(a) to receive the award resulting from the condemnation, in
which event, such award shall be paid (or if not then received, the right to the same shall
be assigned) to Buyer and Seller in accordance with Paragraph 11 (c) below at Closing
and this transaction shall be closed in the same manner as if no such Condemnation or
other taking shall have occurred: or
(b)
to terminate the original Purchase Agreement pursuant to
Section Il(b) thereof and receive the return of_the
balance of the Deposit as provided therein and to
terminate this Lake Purchase Agreement and reject rifle
1o the Lake Property, in which event neither party sh~l
have any further obligation to the other hereunder: or
(c) In the event that Buyer elects to proceed to Closing in
accordance with Paragraph 11 (a), or in the event o f a Condemnation w/thin one (1) year
.of the Closing, Buyer and Scl!er.shall divide the awards and agree as follows:
(i) Buyer shall be reimbursed any portion of the
purchase price paid to Seller at or after Closing of the Property and the 'Lake Property
along with any interest paid by Buyer on any financing for the purchase price including
on the deferred portion of thc purchase price for thc Property and/or the Lake Property,
(or if Buyer has not obtained financing for the acquisition of thc Property, interest at
prime plus two percent (2%) on the cash portion of the purchase price ortho Property);
(ii) Seller shall be paid. any portiot~ of the purchase
price of the Lake Prgperty that was not paid at Closing or otherwise is unpaid at thc time
of the aWard;
(iii) Buyer shall be/eimbursed for expenses incurred
in connection with the Condemnation plus interest at prime plus two percent (2%) (in
the event that Buyer does not receive reimbursement for one hundred percent (I00%)
of its 11 (c)(iii) expenses plus interest at prime plus two percent (2%), Seller shall pay
to Buyer one half of the difference between the 1 l(c)(iii) expense amount plus interest
at prime plus two percent (2%) less 11 (cXiii) reimbursement amount received by Buyer,
up to a maximum of $250,000;
. _ . 7II,dO0
(iv) . Seller shall bepaid the balance of deferred portion ...... ',---:- .-' ....... '
- _ ' __ _ 2 .... : z-'--~--..2 ............. '_~.2 _ _.Z_ ..... '~ ........... __...'2..--.-----.
JUL-18-00 TUE 11'46 AM P. 3
WILLC" & SAVAGE FAX ilO. 757 -'8 5566
of the Purchase Price of the Property. in thfforiginai amount of Eight Million Dollars
($8,000,000.00), wNch payment shall be discounted at its present value in accordance
with paragraph 2(b)(ii).
Buyer'shall receive the remaining amount of the
The foregoing provisions of this Paragraph 11 shall supercede the
provisions of Paragraph 11 (a) of the OdginaI Purchase Agreement.
!-5~395.2
?/18/00
The foregoing provisions of this Paragraph 10 shall supersede the provisi0ns{f
Paragraph 10 of the Original Purchase. Agreement in their entirety.
-' 11. EMINENT DOMAIN. In the e .~that any eminent domain proceeding..
rincludiw,' a temnorary taking) affecting any,f6rtion of the Lake Property is commenced on or
-~-- +~'e date hereof and *,flor to the Closing'by a governmental body havmo the power of
~'~n;~nt domain (a "Con~ternnat~on")~le~ sl~all ~nmediately give Buyer written notice thereof,
and Buyer shall have the option:
(a) . to receive the award resulting from the condemnation, in which event,
such award shall be paid'(°r if not then received, the fight to the same shall be assigned) to Buyer-
at Closing, and this transaction shall be closed in the same manner as if no such Condemnation
or other taking shall have occurred; or
-- (b) i to reject title to the Lake Property, in which event neither party shall have
any further obligation to the other hereunder.
12. ADDITIONAL DOCUMENTS: FURTHER ASSURANCES. In addition to
the obliga, tions required to be performed hereunder by the parties at the Closing, each party
agrees to perform such other acts and to execute, acknowledge and deliver, s_u.bse.quent to the
Closing; su~h"other'iff5t~h~ents,' documents' and other materials'as the 'other partymay ...... - .....
reasonably request and as shall be reasonably necessary in order to effectuate the.consummation
of the transaction contemplated herein and to vest title to the Property in Buyer. :
13. DEFAULT. In the event Buyer is prepared to close but the purchase and sale is
not consummated because of the default by Seller in the performance of any of its obligations set
forth in this Agreement, Buyer's sole remedy shall be the remedy of specific performance.
In the event Seller is prepared to close, and Seller has not defaulted in its obligations
hereunder, but the purchase and sale is not consummated because of the default of Buyer of any
of its obligations set forth in this Agreement, the Seller shall retain the portion of the Deposit
p~iid to Seller under ihe Original Purchase Agreement as liquidated damages in full settlement of
any claims hereunder and in lieu of the exercise by Seller of any other legal or equitable right or
remedy of Seller against Buyer. The parties hereto agree that the damages sustained bY Seller in
the event of a default b~ Buyer hereunder would be difficult to determine and that this provision
for liquidated damages is an attempt by the parties to resolve the amount of damages that would
be sustained by the Seller in the event of the breach of this Agreement by the Buyer and it is not
intended to be a penalty. The remedies provided Seller under this Section shall be Seller's sole
remedies for a default by Buyer and Seller further agrees and acknowledges that under no
circumstances shall Seller be entitled to the remedies of specific performance or other remedies
14.
MIS CELLAN'EOUS.
(a) This Agreement shall be governed by, and construed in accordance ;vith,
the' laws of the Commonwealth of Virginia. · -
(b) This A~eement and the Original Purchase Agreement set forth the entire
agreement and understanding between the parties with respect to the transaction contemplated
hereby and contemplated by the Original Purchase Agreement, and this Agreement and the
Original Purchase Agreement supersede all prior agreements, arrangements and understandings
which led to the subject matter of this Agreement and the_Original purchase Agreement. ..
(c) All of the terms, covenants, representations and warranties of this
Agreement shall be binding upon, and shall inure to the benefit of, and be enforceable by, the
parties hereto and their respective successors and ~signs, _.and shall survive the Closing and the
delivery of any deed pursuant to this Agreement. - .......
(d) Failure of any party at any time or times to require performance Of any of -.
the provisions hereof shall in no manner affect the right at a later time to 'enforce 'the provision.
No waiver of any party, of any condition, or the breach of any term, covenant, representahon of
warranty contained in this Agreement, whether by conduct or otherwise, on any one or more
· instances, shall be deemed a further or. C0ntinhing ~iig~:' Of any Condition'or covenant,' ............................
representation or warran~ contained in t~s Agreement. . -. ..
(e) Any amendment or modification of this'Agreement shall be made in
writing and executed by the parties sought to be charged thereby.
(f) Whenever used herein, the singular shall include the plural, the plural shall
include the singular, and the use of any gender shall include ail other gender.
(g) The captions and paragraph headings contained herein are for convenience
o..nly and should not be used in construing or enforcing any of the provisions of this Agreement:
WITNESS the following signatures and seals:
KELLER:
THE CITY OF NORFOLK, a municipal
corporation
DATE OF EXECUTION:
By:
City Manager
APPROVED AS TO FORM:
(SEAL)
City Attorney
DATE OF EXECUTION:' '
BUYER:
TRANSAMERICA SERVICES, INC., a
Virginia corporation
By:_
Vice President
(SEAL)
EXttIBIT A
LAKE:PROPERTY DESCRIPTION
EXHIBIT
LAKE WETLAND (uNCERTAIN DELINEATION)
EXHIBIT B
OWNER'S AFFIDAVIT AS TO
MECHANICS' LIENS AND POSSESSION
COMMONWEALTH OF VIRGINIA
CITY OF NORFOLK, to wit:
This day personally appeared before me, the undersigned,., in his capacity as
of , a Virginia municipal corporation, (the
"Owner"), who, after being first duly sworn, deposes and says as follows: (i) that Owner is the
owner and has been the owner of the property described in Exh/bit 1 attached hereto and
incorporated by reference herein (the "Property") for at least one hundred twentY-three (123)
days prior to the date hereof or the date of settlement, whichever date shall last occur; (ii) that '-
there has been no work done, services rendered or materials furnished in connection with repairs, -.
improvements, development, construction, removal, alterations, demolition or such similar
activity o.n or incident to the Property at the request or on behalf of Owner, within one hundred
twenty-three (123) days prior to the date of this Affidavit for which payment has not been made;
(iii) that there are no outstanding claims oi persons entitled t6 any' Claim or right to a claim for '
-mechanics' or materialmen's liens agains, t the Property.arising from Work authorized by Owner;
and (iv) that there are no outstanding leases or agre~menis, written or oral, umecorded or
otherwise, or parties other than the Owner in or entitled to possession of the Property except as
set forth on Exhibit 2 attached hereto and incorporated by reference herein.
This Affidavit is made for the purposes of inducing Ticor Title Insurance Company to
issue title insurance without exception for rights of parties in possession or mechanic's liens on
the Property.
DATED this
day of July, 2000.
By:
Title
1-323627.3
7/13/00 .. -
COMMONWEALTH OF VIRGINIA
CITY OF NORFOLK, to wit:
Ttie foregoing instrument was sworn to and acknowledged before me this
July } 2000 by , as of
Virginia municipal corporation, for and on'.behalf of the Corporation.
day of
Notary Public
My Commission Expires:
I-~323627.3
..... ?113/00 ..........
EXHIBIT C
TITLE ~ SURVEY OBJECTIONS
EX.BIT D
SCHEDULE OUTLINING GOLF COURSE
TENANT MAINTENANCE DEFAULTS
1-323627.3 .........
. 7/t3/00 ...........
Schedule 1
CiW's Water Ouali _ty Test Reports
..... 1-323627.3 ........................................
7113100 -
q8/05/00 12:05 F~X 8046~84011 CBF-RI¢I~OND
~_*~ ~oo
~,~-- .~-~ CHESAPEAKE BAY FOUNDATION
~ ~ ~lY~ 11011 E. MMn S~ Suite 1600, ~c~n~ ~~ ~219
.~~~ · ~80/1392; F~ 80~11
Re: ~
CC:
E] urgent
Date:
Pages:
For Review
Please Reply
Notes:
We are transmitting , ,
Name: Pfisdlla
,, pages includ'mg cover sheet If lransmission is not c=mplete, please call
Telephone Number. 804-780-1392
95/08/00 12:08 FAX 80464840~!
CHESAPEAKE BAY FOUNDATION
Re~ourc~ Prorecrio~
Environmental Education
August 8, 2000
The Honorable Meyera E. Obemdorf
2401 Courthouse Drive
City Hall, Bldg. #1, Municipal Center
Virginia Beach, VA 23456
l~ar Mayor Obemdorf,
On behalf of th~ Chc~ Bay Foumlalion (CBF), I wish m express our
sincere appreciation for you~ and the City of Virginia Beach's si~m~ificant efforts
to provide for the protection of the Stumpy Lake nol~idal wetlands, h is our hope
that the conderrmation of Stumpy Lake and surroundin8 wetlands will provera the
destructive dev¢lopmeai that threatens theae valuable resources and provide
pea~anent protection for them. Protection of nonlidal wetlands, including
wetlands within thc Chesapeake Bay watershed and those associated with St~'mpy
Lake, is critical to the maintenance of the Commonwealth's environmental
qualky.
In June, CBF urged the City oflqorfolk to sell its Stumpy Lake property to
the City of Virginia Beach; I have attached a copy of our statement for your
hfformation. We regret that thc City of Norfolk did not pursue this opportunity,
as it appeared to provide a reasonable and positive solution toward protectioa of
the ecologically and economically important nontidal wetlands of Stumpy Lake.
Nontidal wetlands, while limited to less than 5 percem of Virginia's
surface area, support a disproportionally high percentage offish and wildlife
species, including commercially harvested as wcll as endangered species, arid
provide valuable personal property protection through their flood control
characteristics. The strong support for protection of the Stumpy Lake nontidal
wetlands from many Vir~inla citizens reflects ou~ growing understanding of the
vital fink between protection of these resources and a stable, healthy environment.
· -m~jm~ ~ R.td~mnd, L~l~t'a,I Plate., 1108 E. ~,q ~ ~e I~. ~0~, VA ~19 * ~1]~ ~ ~o I t I
e~ O~ ~ OM Wat~ w~ ~ 614 ~m~ Fr~ ~ ~ G, H~ P~ L?IOI * ? I ~5550, ~ 71~-~
o$/o$/oo 12:o$ FAX 8046484011
CBF-R I¢ItlioND
The Honorable Mcyera E. Obcrndorf
Page 2
Thank you again for your efforts ~o prese, I~ ~.e Sp~mpy Lake wetlands. If CBF can be
of~ny assistnnce, please do not hesitate to con~act Arm J~unings, our staff scientist, or me ~t
($04) 750-1392.
Sincerely,
Attachment
08/08/00 12:o$ FAX $o46484oll CBF-RI¢It~OND ~o4
CHESAPEAKE BAY FOUNDATION
Resource Pro~ecrio~
Environmental £ducado n
CBIt TESTIMONY BEFORE THE NORFOLK CITY COUNCIL
JUNE 27, 2000
PUBLIC ltglt~~G REGARDING THE SALE OF STUMPY LAKE AND
ITS ASSOCIATED WETLANDS
Mayor Fraim and members of the City Council. I
scientist with the Virginia Office of the Chesapeake Bay Foundation. My
professional experience includes working for the last decade in both the public arrd
private sectors in wetland protection and regulatory matters; having graduated
from Vir~nia Tech and Texas A&M Umversities with degrees in biology and
wildlife and fisheries sciences. As you may know, the Chesapeake Bay
Foundation is the largest conservation organization in the Mid-Atlantic region with
over 80,000 members. Our Hampton Roads Office has been located here in
Norfolk for over a decade and we currently have very active local program.~ in Bay
conservation, fisheries, habitat restoxation and environmental education. I
appreciate this Opporta_miW to share the Bay Foundation's concerns regarding the
proposed sale of Stumpy Lake and its suxxoundmg wetlands for high-density
development purposes versus long-term protection.
You will observe [have observed] this evening that Stumpy Lake is a cherished
resource; many citizens, from the Cities of Norfolk, Virginia Beach, and other
°05/08/00 12:08 FAX $046484011
CBF-RICItROND
communities, genuinely value the benefits they receive from this nontidal wetland
resource. Throughout the Commonwealth, nontidal wetlands are recopied for
their abilities to filter excess nutrients and other pollutants, store floodwaters,
provide habitat for a vast array of rare species, and improve our quality of life.
Stumpy Lake certainly fits that bill - providing a si~trnificant link in the overall
health of the Gum Swamp and North Landing River ecosystem.
Despite their importance from both an ecological and an economic perspective,
Virginia' s nontidal wetlands have declined &amatically. Locally, federal research
indicates that over 4,800 acres of nontidal wetlands in the Hampton Roads region
were destroyed, primarily from development, during the 1980s. And, significant
losses continue today, despite federal efforts to regulate their use. The past two
years, we've witnessed the widespread ditching and draining of nontidal wetlands
throughout southeastet~ Vir~nia. Your Elizabeth River watershed was
particularly hard hit by a loophole m federal law that allows Tulloch ditching and
draining of wetlands without opporomity for any agency review of the impacts or
requirements for replacing lost wetlands. As a result, hundreds of acres of
wetlands were ditched m a very short period of time, leading to wetland loss and
downstream discharges of sediments and other pollutants to Elizabeth River
tributaries. Wetland destruction through ditching has also occurred on properties
adjacent to the City' s Stumpy Lake properly.
.o$/05/00 12:08 FAX $o46181011 CBF-RIeHI~OND ~o6
The loss of wetlands associated with Stumpy Lake, whether through ditching,
drainage, or development, will potentially result in avoidable hardships on the
Cities of Vir~nia Beach and Chesapeake - placing private properties and public
infrastructure at increased risk of flooding and degrading the quality of
downstream waters. The structural measures necessary to remedy such problems
will, in turn, place an avoidable hardship on local taxpayers.
The City of Norfolk is faced with the choice of allowing development to continue
to destroy the region's vital wetland resources or pursuing protection and ensuring
a healthy environment for future generations. Your choice is to sell Stumpy Lake
and its surrounding wetlands to the City of Virginia Beach which has ,indicated
support for protecting the area for conservation purposes or to sell Stumpy Lake to
a development film int6nt on draining wetlands for residential development. The
Chesapeake Bay Foundation urns the City of Norfolk to reco~i~e both the
economic and ecological harm caused by destruction of Virginia's nontidal
wetlands. CBF strongly recommends the City of Norfolk allow purchase of this
property by the City of Virginia Beach and, further, that the City of Virginia Beach
provide for the long-term protection of this cherished resource.
I thank you again for this opportunity to comment.
CITIZENS FOR STUMPY LAKE TESTIMONY BEFORE THE
VIRGINIA BEACH CITY COUNCIL
AUGUST 8, 2000
PUBLIC HEARING REGARDING APPROPRIATION OF FUNDS
FOR THE PURCHASE OF STUMPY LAKE
Honorable Mayor, Council Members, City Manager and City Attorney, my
name is Rebecca Plate and I reside at 852 Outerbridge Quay, Va Beach,
23464. As President of Citizens for Stumpy Lake, I am speaking on behalf
of our entire membership.
In the past year you have passed several ordinances and resolutions trying to
protect and preserve Stumpy Lake. We know you have worked tirelessly
and have been quite persistent in your efforts for several months to negotiate
the purchase of Stumpy Lake with the City of Norfolk. We see these efforts
as determination to protect our quality of life. For this WE THANK YOU.
Contrary to what some believe, Stumpy Lake is a natural resource that
should not and cannot be compared to other projects such as 3 1st Street and
Town Center. It is a critical part of the storm water management plan and is
the only natural open space area located in the extremely congested
Kempsville/Centerville districts.
Within the heavily forested area of Stumpy Lake, which some scientist
consider a rain forest, lies approximately 700 acres of non-tidal wetlands.
These wetlands help cleanse pollutants from our waterways not to mention
they protect thousands of homes from flooding. The lake itself is the
headwaters to the North Landing River. There is an incredible abundance of
wildlife, for example over 200 different species of birds including a pair of
nesting bald eagles, which call this pristine area their home.
With the Mayors vision of a green line trail system from Stumpy Lake to
Back Bay and possibly on to False Cape State Park, this area can be used for
recreational purposes as well as being a great asset for educational use.
There is absolutely NO location in Virginia Beach that compares to
Stumpy Lake.
We urge you to approve the appropriation of funds to acquire Stumpy Lake
in its entirety which in turn will not only protect but enhance our quality of
life.
Thank you.
We would like to introduce the following resolution:
Whereas, the future of Stumpy Lake and the pristine non-tidal wetlands
surrounding it has been threatened by its proposed sale by the City of
Norfolk for development, and
Whereas, the Virginia Beach City Council recognizes the importance of
preservation of this area and has taken action to acquire the property
by condemnation, and
Whereas, Citizens for Stumpy Lake have strongly supported the protection
of the Stumpy Lake area as a natural resource, therefore
Be it resolved, That Citizens for Stumpy Lake approve, support and applaud
the actions of Virginia Beach City Council which we believe will further
a shared vision in the spirit expressed by President John Fitzgerald
Kennedy in his address at the dedication ceremonies of the National
Wildlife Federation Building on March 3, 1961, "It is our task in our
time and in our generation to hand down undiminished to those who come
after us, as was handed down to us by those who went before, the natural
wealth and beauty which is ours.
Becky Plate, President
Citizens for Stumpy Lake
August 3, 2000
08/'08/00 12:08 FA~ 80464841)11 CBF-RICffI~OND
CHESAPEAKE BAY FOUNDATION
Resource Prorecrior~
F.n~ironrnental Education
August 8, 2OO0
The Honorable Meyera E. Oberndoff
2401 Com'thouse Drive
City Hall, Bldg. #1, Municipal Center
Virginia B~ach, VA 23456
D~ar Mayor Oberndorf,
On behalf of th~ Chesapeake Bay Foundation (CBF), I wish to express our
sine.~re appreciation for your and the City of Virginia Beach's si~m~ificant efforts
to provide for the protection of the Stumpy Lake nontidal wetlands. It is our hope
that the condemnation of Stumpy Lake and surrounding wetlands will provera the
destroctive development that t~e, atens these valuable resmn'ces aad provide
pe~nanent protection for them. Protection ofnontidal wetlands, including
wetlands within the Chesapeake Bay watershed and those assodatexl with S~,,mpy
Lake, iS cFitiCa] tO the maintenance of the Cornmonwe~th's envi_vonmental
quality.
In ~une, CBF urged the City of Norfolk to sell its Stumpy Lake property to
the City of Virginia Beach; I have attached a copy of our statement for your
information. We regret that the City of Norfolk did not pmsue this opporumity,
as it appeared to provide a reasonable and positive solutioa toward protectioa of
the ecologically and economically important nontidal wetlands of Stumpy Lake.
Nomidal wetlands, while limited to less than 5 percem of Virginia's
sm'face area, support a disproportionally high percentage offish and wildlife
species, including commercially harvested as well as endangered spe~es, and
provide valuable personal property protection through their flood coutrol
characteristics. The strong support for protection of the Stumpy Lake nontidal
wetlands from many V'trginia citizens reflects our growing mide~standing oflhe
vital link between protection of these resources and a stable, healthy environmem.
j,m~,m R. MM~e~
05/08/00 1~:08 FAX 8o46484oll
CBF-RICHtlOND
The Honorable Mcyera E. Oberndorf
Page 2
Thaak you again for your efforts xo preserve the $1~mpy Lake wetlands. If CBF can be
of any assistance, please do not hesitate to contact Arm lannings, our staff scientist, or me at
($04) 7S0-1392.
Sine. rely,
Virginia Assistant Director
A~tachmen~
08/08/'00 12:08 FAX 8016484011 CBF-RICIIMON'D ~04
CHESAPEAKE BAY FOUNDATION
Environmental Education
CBF TESTIMONY BEFORE THE NORFOLK CITY COUNCIL
JUNE 27, 2000
PUBLIC I4FJARING REGARDING THE SALE OF STUMPY LAKE AND
ITS ASSOCIATED WETLANDS
Mayor Fraim and members of the City Council. I am Ann Jennings, a staff
scientist with the Virginia Office of the Chesapeake Bay Foundation. My
professional experience includes working for the last decade in both the public and
private sectors m wetland protection and regulatory matters; having graduated
from Virgima Tech and Texas A&M Universities -,~Sth degrees in biology and
wildlife and fisheries sciences. As you may know, the Chesapeake Bay
Foundation is the largest conservation organization in the Mid-Atlantic region with
over 80,000 members. Our Hampton Roads Office has been located here in
Norfolk for over a decade and we currently have very active local programs m Bay
conservation, fislxeries, habitat restoration and environmental education. I
appreciate this oppoWmity to share the Bay Foundation's concerns regarding the
proposed sale of Stumpy Lake and its surrounding wetlands for high-density
development pta-poses versus long-term protection.
You will observe [have observed] this evening that Stumpy Lake is a cherished
resource; many citizens, from the Cities oflqorfolk, Virginia Beach, and other
08/08/00 12:O8 FAX 804648t011 CBF-RICI~ON'D ~05
communities, genuinely value the benefits they receive from this nontidal wetland
resource. Throughout the Commonwealth, nontidal wetlands are recognized for
their abilities to filter excess nutrients and other poilnmts, store floodwaters,
provide habitat for a vast array of rare spec/es, and improve our quality of life.
Stumpy Lake certainly fits that bill - providing a significant link in the overall
health of the Gum Swamp and North Landing River ecosystem.
Despite their importance from both an ecological and an economic perspective,
Vir~nia's nontidal wetlands have declined dramatically. Locally, federal research
indicates that over 4,800 acres of nontidal wetlands m the Hampton Roads region
'were destroyed, primarily ~om development, dmrmg the 1980s. And, significant
losses continue today, despite federal efforts to regulate their use. The past two
years, we've witnessed the widespread ditching and draining of nontida_l wetlands
throughout southeasterfi Vir~nia. Your Elizabeth River watershed was
particularly hard hit by a loophole in federal law that allows Tulloch ditching and
draining of wetlands without opporomity for any agency review of the impacts or
requirements for replacing lost wetlands. As a result, hundreds of acres of
wetlands were ditched m a very short period of time, leading to wetland loss and
downstream discharges of sediments and other pollutants to El/zabeth River
tributaries. Wetland destruction through ditching has also occurred on properties
adjacent to the City's Stumpy Lake property.
08/08/00 12:08 FAX 8046484011 CBF-RICI~OND ~06
The loss of wetlands associated with Stumpy Lake, whether through ditching,
drainage, or development, will potentially result in avoidable hardships on the
Cities of Virginia Beach and Chesapeake - placing private properties and public
infrastructttre at increased risk of flooding and degrading the quality of
downstream waters. The structural measures necessary to remedy such problems
will, in turn, place an avoidable hardship on local taxpayers.
The City of Norfolk is faced with the choice of allowing development to continue
to destroy the region's vital wetland resources or puxsuing protection and ensming
a healthy environment for future generations. Your choice is to sell Stumpy Lake
and its surrounding wetlands to the City of Vix~nia Beach which has indicated
support for protecting the area for conservation purposes or to sell Stumpy Lake to
a development firm intent on draining wetlands for residential development. The
Chesapeake Bay Foundation urges the City of Norfolk to recognize both the
economic and ecological harm caused by destruction of Virginia's nontidal
wetlands. CBF strongly recommends the City of Norfolk allow purchase of this
property by the City of Virginia Beach and, further, that the City of Virginia Beach
provide for the long-term protection of this cherished resource.
thank you again for this opportunity to comment.
08f08/00 12:08 F.~X 804648~0Z1 CBF-R~CttMOND ~02
CHESAPEAKE BAY FOUNDATION
E.~ironmenral Education
August $, 2OOO
The Honorable Meyera E. Oberndoff
2401 Courthouse Drive
City Hall, Bldg. #1, Municipal Ccntcr
Virginia Beach, VA 23456
Dear Mayor Oberndo~,
On behalf of the Chc~ Bay Foundation (CBF), I wish to express our
sincere appreciation for your and the City of Virginia Beach's significant efforts
to provide for the protection of the Stumpy Lake nonfidal wetlands, tt is our hope
that the condemnation of Stumpy Lake and surrounding wetlands will prevent the
destcactive devcJopme~ that threatens thes~ val~lble resources and provide
permanent protectio~ for them. Protection of nominal wetlands, including
wedands within the Chesapeake Bay watershed and those ~ssociated with S~,,-,py
Lake, is c~ical to the maintenance of thc Corn..mo.uwc~th's env~onmental
quality.
In June, CBF urged thc City oflqorfolk to sell i~s Stumpy Lake property to
the City of Vir~nia Beach; I have attached a copy of our s~atemen! for your
~nformation. Wc regret that thc City of Norfolk did not pmme this opporrunimy,
as it appe~ed to provide a reasonable and positive solution toward ~ion of
the ecologically and economica{ly important non~dal wetlands of Stumpy Lake.
Noulidal wetlands, whilc limited to Icss than 5 percera of Virginia's
surface area, supl~ a disproportionally high percerrmge offish and ~ildlife
species, including commercially harvested as wcll as endangered sPecies, and
provide valuable personal property protection through their flood coutrol
characteristics. The strong support for p~otection or,me Su_,mp¥ Lake nontidal
wetlands from many 'v"~r~4nia ckizens reflecis our growing understanding of the
vlud link between protection of these resources and a stable, healthy environmeum_
05~05/00 12:08 FAX 8046484011 CBF-R~Clq3t'OND
The Honorable Meyexa E. Oberndorf
Page 2
Thank you again for your efforts to preserve the Stumpy Lake wetlands. If CBI: c~an be
of any a~sistance, please do not hesitate to contact Arm Jennings, our staff scientist, or me at
(804) 780-1392.
Sincerely,
Vir~nia Assistant Dire~-tor
Attachment
o$7o$/oo 12:08 FAX 8046484011
CHESAPEAKE BAY FOUNDATION
Resource l~rorecrion
Environ, mental IEd~aca~£orl
CBF TESTIMONY BEFORE THE NORFOLK CITY COUNCIL
JUNE 27, 2000
PUBLIC HEARING REGARDING THE SALE OF STUMPY LAKE AND
ITS ASSOCIATED WETLANDS
Mayor Fraim and members of the City Council. I am Ann Jennings, a s-aaff
scientist with the Virginia Office of the Chesapeake Bay Foundation. My
professional experience includes working for the last decade in both the public and
private sectors in wetland protection and regulatory matters; having graduated
from Virginia Tech and Texas A&M Umversities v, Sth degrees ~, biolo~' and
wildlife and fisheries sciences. As you may know, the Chesapeake Bay
Foundation is the largest conservation organization in the Mid-Atlantic region with
over 80,000 members. Our Hampton Roads Office has been located here in
Norfolk for over a decade and we currently have very active local programs in Bay
conservation, fistxeries, habitat restoxation and environmental education. I
appreciate this opportnnity to share the Bay Foundation's concerns regarding the
proposed sale of Stumpy Lake and its surrounding wetlands for high-density
development purposes versus long-term protection.
You will observe [have observed] this evening that Stumpy Lake is a cherished
resource; many citizens, from the Cities of Norfolk, Virginia Beach, and other
o8~o8/oO 12:o8 FAX 8o~6181011 CBF-RlCtlMOND ~o5
comrmmities, genuinely value the benefits they rece. ive from this nontidal wetland
resource. Throughout the Commonwealth, nontidal wetlands are recogniT~ed for
their abilities to filter excess nutrients and other pollutants, store floodwaters,
provide habitat for a vast array of rare species, and improve our quality of life.
Stumpy Lake certainly fits that bill - providing a significant link in the overall
health of the Gum Swamp and North Landing River ecosystem.
Despite their importance from both an ecological and an economic perspective,
Virginia's nontidal wetlands have declined dramatically. Locally, federal research
indicates that over 4,800 acres of nontidal wetlands m the Hampton Roads region
were destroyed, pdmari!y from development, during the 1980s. And, sigrtificant
losses continue today, despite federal efforts to regulate their use. The past two
years, we've witnessed the widespread ditching and draining of nontidal wetlands
throughout southeaster~ Vir~nia. Your Elizabeth River watershed was
particularly hard hit by a loophole m federal law that allows Tulloch ditching and
draining of wetlands without opportunity for any agency review of the impacts or
requirements for replacing lost wetlands. As a result, hundreds of acres of
wetlands were ditched in a very short period of time, leading to wetland loss and
downstream discharges of sediments and other pollutants to Elizabeth River
tributaries. W~tland destruction through ditching has also occurred on properties
adjacent to the City's Stumpy Lake property.
08908/00 12:08 FAX 8046484011 CBF-RI¢It~O~rD ~o6
The loss of wetlands associated with Stumpy Lake, whether through ditching,
drainage, or development, will potentially result in avoidable hardships on the
Cities of Virginia Beach and Chesapeake - placing private properties and public
infrastructm'e at increased risk of flooding and degrading the quality of
downstream waters. The sumctural measures necessary to remedy such problems
will, in turn, place an avoidable hardship on local taxpayers.
The City of Norfolk is faced with the choice of allowing development to continue
to destroy the region's vital wetland resources or pursuing protection and ensuring
a healthy environment for future generations. Your choice is to sell Stumpy Lake
and its surrounding wetlands to the City of Virginia Beach which has indicated
support for protecting the area for conservation purposes or to sell Stumpy Lake to
a development firm intent on draining wet!ands for residential development. The
Chesapeake Bay Foundation urges the City of Norfolk to recognize both the
economic and ecological harlll caused by destruction of Virginia's nontidal
wetlands. CBF strongly recommends the City of Norfolk allow purchase of this
property by the City of Virginia Beach and, further, that the City of Virginia Beach
provide for the long-term protection of thi~ cherished resource.
I thank you again for this opportunity to comment.
08/'08./00 12:08 FAX
CHESAPEAKE BAY FOUNDATION
Resource Prorecrior~
Environmental Education
August 8, 2OO0
The Honorable Meyera E. Obemdoff
2401 Coarthouse Drive
City Hall, Bldg. #1, Municipal Center
Virginia Beach, VA 23456
Dear Mayor Obemdorf,
On behalf of the Chesapeake Bay Foundation (CBF), I wish to express our
sincere appreciation for your and the CitT of graginia Beach's significant efforts
to provide for the protection of the Stumpy Lake nontidal wetlands. It is our hope
that the condemnation of Stumpy Lake and surrounding wetlands will prevent the
destructive devclopme~ that threatens the~e valuable resources and provide
permanent protection for them. Protection ofnontidal wetlands, including
wetlands within the Chesapeake Bay watersh~ and those associated with Stumpy
Lake, is critical to the maintenance of~e Commonwealth's environmental
quality.
In June, CBF urged the City oflqorfolk to sell its Stumpy Lake property to
the City of Virginia Beach; I have attached a copy of our statement for your
information. We regret that the City of Norfolk did not pursue this oppommity,
as it appeared to provide a reasonable and positive solution toward protection of
the ecologically and economically important normdal wetlands of Stumpy Lake.
lqomidal wetlands, while limited to less than 5 percenl of Virginia's
sarfa~e area, support a disproportionally high percentage offish and ~ildlife
species, including commercially harvested as well as endangered spedes, and
provide valuable personal property protection through their flood control
characteristics. The strong rapport for protection of the Stumpy Lake nontidal
wethmds from many Virgiaia citizens reflects our growing understanding of the
vital link between protection of these resources and a stable, healthy environment_
O8/08/00 12:O8 F.~,-~ 8o46454oll CBF-RICI~OND ~o3
The Honorable Mcyera E. Oberndorf
Page 2
Thank you again for your efforts xo preserve the Stumpy Lake wetlands. If CBF can be
of any assistance, please do not hesitate to contact Arm lennings, our staff scientist, or me at
($04) 780-1392.
S~eerely,
Vir~nia Assistant Director
08/08/00 12:08 F~X 8046484011 CBF-R~CI~OND ~o4
CHESAPEAKE BAY FOUNDATION
Resource 1~o~ecrion
Enoironmental Educaffon
CBF TESTIMONY BEFORE THE NORFOLK CITY COUNCIL
JUNE 27, 2000
PUBLIC I4F.~G REGARDING THE SALE OF STUMPY LAKE AND
ITS ASSOCIATED WETLANDS
Mayor Fraim and members of the City Council. I _am Ann Jenniugs, a staff
scientist with the Virginia Office of the Chesapeake Bay Foundation. My
profeksional experience includes woddng for the last decade in both the public and
private sectors in wetland protection and regulatory matters; having graduated
from Virginia Tech and Texas A&M Universitie5 ~qth degrees ~, biology and
wildlife and fisheries sciences. As you may know, the Chesapeake Bay
Foundation is the largest conservation organization in the Mid-Atlantic region with
over 80,000 members. Our Hampton Roads Office has been located here in
Norfolk for over a decade and we currently have very active local programs m Bay
conservation, fisl~eries, habitat restoration and environmental education. I
appreciate this oppowmity to share the Bay Foundation's concerns regarding the
proposed sale of Stumpy Lake and its surrounding wetlands for high-density
development purposes versus long-term protection.
You will observe [have observed] this evening that Stumpy Lake is a cherished
resource; many citizens, from the Cities of Norfolk, Virginia Beach, and other
08/05/o0 12: 08 FAX 8o~16~8~10.1.1. CBF-RICB~OND [~]05
communities, gemfinely value, the benefits they receive from this nontidal wetland
resource. Throughout the Commonwealtlx, nontidal wetlands are recogxdzed for
their abilities to filter excess nutrients and other pollutants, store floodwaters,
provide habitat for a vast array of rare species, and improve our quality of life.
Stumpy Lake certainly fits that bill - providing a significant link in the overall
health of the Gum Swamp and North Landing River ecosystem.
Despite their importance from both an ecological and an economic perspective,
Virginia' s nontidal wetlands have declined dramatically. Locally, federal research
indicates that over 4,800 acres of nontidal wetlands m the Hampton Roads region
were destroyed, primarily bom development, during the !980s~ And, significant
losses continue today, despite federal efforts to regulate their use. The past two
years, we've witnessed the widespread ditching and draining of nontidal wetlands
thxoughout southeaster~ Vir~nia. Your Elizabeth River watershed was
particularly hard hit by a loophole in federal law that allows Tulloch ditching and
draining of wetlands without opportamity for any agency review of the impacts or
requ/xements for replacing lost wetlands. As a result, hundreds of acres of
wetlands were ditched in a very short period of time, leading to wetland loss and
downstream discharges of sediments and other pollutants to Elizabeth River
tributaries. W~iand destruction through ditching has also occurred on properties
adjacent to the City's Staampy Lake property.
O8/08/00 12:08 FAX 8046484011 CBF-RICH}IOND ~06
The loss of wetlands associated with Stumpy Lake, whether through ditching,
drainage, or development, will potentially result in avoidable hardships on the
Cities of Virginia Beach and Chesapeake - placing private properties and public
infrastructure at increased risk of flooding and degrading the quality of
downstream waters_ The structural measures necessary to remedy such problems
will, in turn, place an avoidable hardship on local taxpayers.
The City of Norfolk is faced with the choice of allowing development to continue
to destroy the region's vital wetland resources or pursuing protection and ensuring
a healthy environment for future generations. Your choice is to sell Stumpy Lake
and its surrounding wetlands to the City of Vir~nia Beach which has indicated
support for protecting the area for conservation purposes or to sell Stumpy Lake to
a development firm intent on draimng wet!ands for residential development. The
Chesapeake Bay Foundation urges the City of Norfolk to recognize both the
economic and ecological harm caused by destruction of Virginia's nontidal
wetlands. CBF strongly recommends the City of Norfolk allow purchase of this
property by the City of Virginia Beach and, further, that the City of Virginia Beach
provide for the long-term protection of thi_~ cherished resource.
I thank you again for this opportunity to comment.
O~/0S/OO 12:08 FAX 8046484011 CBF-RICI~OND
CHESAPEAKE BAY FOUNDATION
Environmental Education
August $, 2OOO
The Honorable Meyera E. Oberndorf
2401 Courthouse Drive
City Hall, Bldg. #1, Municipal Center
VL~niaBeacb, VA 23456
Dear Mayor Obe~dorf,
On behalf of the Chc~ Bay Foundation (CBF), I wish to express our
sincere appreciation for your and ~he CiW of Virginia Beach's si~m~ificant efforts
to provide for *.he protection of the Stumpy Lake nontidal wetlands, h is o~r hope
tha~ the condemnation of Stumpy Lake and surrounding wetlands will prevent the
destr~tFce devclopme~ that Lhrea~e~s fl~se valuable resources and provide
p~uanent protectiou for them. Protection ofnontidal wetlands, including
wetlands within the Chesapeake Bay wa~e~l and those associated with S~rmpy
Lake. is c~i3cal to ~he m~i~ena~'~ce or.he Co~monwe~th's envLronmenta]
quality.
3n June, CBF urged the City of Norfolk to sell its Stumpy Lake property zo
~e City of Vi~gizi~ Beach; ! have a~tached a copy of our s~ca~emen! for your
information. We regret that thc City of Norfolk did not pmsue this opportunity,
a~ it appeared to provide a reasonable and positive solution toward protection of
the ecologically and economically important nontidal wetlands of Stumpy Lake.
Nomidal wctlands, while limited to less than 5 percem of Virginia's
surface area. support a disproportionally high percentage offish and ~ildlife
species, incluclin~ commercially harvested a~ well as endangered sPecies, and
provide valuable personal property protection through their flood coRtrol
characteristics. The strong support fog protection of~e Sp~mpy Lake nontidg]
wetlands fxom many V'~L~inia citizens reflects our growing understanding of the
vi~al fink between protection of these resources and a stab]c, heaRhy environmeRt_
o~/o8/oO 12: 08 F.~ $046484oll ¢BF-RICKIROND ~ 03
The Honorable Mcyera E. Oberndorf
Page 2
Thank you a~in for your efforts ~o preserw the Stumpy Lake wetlands. If CBF can be
of any assistance~ please do not hesitate to contact Ann Jennings, our sr~ff scientist, or me &t
(804) 780-1392.
Sincerely,
Virg?ia Assistant Director
Attaclunent
ff8/05/oo 12:08 F~X 8046484011 CBF-RICIIJ~OND ~o4
CHESAPEAKE BAY FOUNDATION
~m~ ~ Resource Protection
'.e~~' '~ En~Jironmenral Educa,io n
CBF TESTIMONY BEFORE THE NORFOLK CITY COUNCIL
JUNE 27, 2000
PUBLIC HEARING REGARDING THE SALE OF STUMPY LAKE AND
ITS ASSOCIATED WETLANDS
Mayor Fraim and members of the City Council. I am Ann Jennings, a staff
scientist with the Virginia Office of the Chesapeake Bay Foundation. My
profeksional experience ixtcludes working for the last decade in bo'~h the public and
private sectors in wetland protection and regulatory matters; having graduated
from Virginia Tech and Texas A&M Universities v, qth degrees -~, biology and
wildlife and fisheries sciences. As you may know, the Chesapeake Bay
Foundation is the largest conservation organization in the Mid-Atlantic region with
over 80,000 members. Our Hampton Roads Office has been located here in
Norfolk for over a decade and we currently have very active local programs m Bay
conservation, fisheries, habitat restoration and environmental education. I
appreciate this oppoWmity to share the Bay Foundation's concerns regarding the
proposed sale of Stumpy Lake and its surrounding wetlands for high-density
development purposes versus long-term protection.
You will observe [have observed] this evening that Stumpy Lake is a cherished
resource; many citizens, from the Cities of Norfolk, Virginia Beach, and other
~$/05/00 12:08 FAX 8016484011 CBF-RICItMOND
communities, genuinely value, the benefits they receive from this nontidal wetland
resource. Throughout the Commonwealth, nontidal wetlands are recognized for
their abilities to filter excess nutrients and other pollutants, store floodwaters,
provide habitat for a vast array of rare species, and improve our quality of life.
Stumpy Lake certainly fits that bill - providing a significant link in the overall
health of the Gum Swamp and North Landing River ecosystem.
Despite their importance from both an ecological and an economic perspective,
Virgufia's nontidal wetlands have declined dramatically. Locally, federal research
indicates that over 4,800 acres of nontidal wetlands in the Hampton Roads region
were des~oyed, p~-imari!y from development, ~ring the !980s. And, significant
losses continue today, despite federal efforts to regulate their use. The past two
years, we've witnessed the widespread ditching and draining of nontidal wetlands
throughout southeaster~ Vir~nia. Your Elizabeth River watershed was
particularly hard hit by a loophole m federal law that allows Tulloch ditching and
draining of wetlands without opporomity for any agency review of the impacts or
requirements for replacing lost wetlands. As a result, hundreds of acres of
wetlands were ditched in a very short period of time, leading to wetland loss and
downstream discharges of sediments and other pollutants to El/zabeth River
tributaries. Wetland destruction through ditching has also occurred on prope~ies
adjacent to the City's Stumpy Lake property.
~$/08/00 12:08 FAX 8046484011 CBF-RI¢t~O~ND ~o6
The loss of wetlands associated with Stumpy Lake, whether through ditching,
drainage, or development, will potentially result in avoidable hardships on the
Cities of Virginia Beach and Chesapeake - placing private propexties and public
infrastructure at increased risk of flooding and degrading the quality of
downslxeam waters. The structural measures necessary to remedy such problems
will, in turn, place an avoidable hardship on local taxpayers.
The City of Norfolk is faced with the choice of allowing development to continue
to destroy the region's vital wetland resources or pursuing protection and ensuring
a healthy environment for future generations. Your choice is to sell Stumpy Lake
and its surrounding wetlands to the City of Virginia Beach which has indicated
support for protecting the area for conservation purposes or to sell Stumpy Lake to
a development firm intent on draining wet!ands for residential development. The
Chesapeake Bay Foundation urges the City of Norfolk to reco~nize both the
economic and ecological harIn caused by destruction of Vixginia's nontidal
wetlands. CBF strongly recotnmends the City of Norfolk allow purchase of this
property by the City of Virginia Beach and, further, that the City of Virginia Beach
provide for the long-term protection of this cherished resource.
I thank you again for this opportunity to comment.
O$KO8/OO 12:o8 FAX 8046454011 eBF-RI¢I~OND ~ 02
CHESAPEAKE BAY FOUNDATION
~e$ource Prafectio.
En.ironmental Educazion
August 8, 2OO0
The Honorable Meyera E. Oberndoff
2401 Com'thouse Drive
City Hall, Bldg. #1, Municipal Ccntcr
Virginia Beach, VA 23456
I~ar Mayor Ob~dorf,
On behalf of the Chesapeake Bay Foundation (CBF), I wish to e~ress our
siac.~re appre~tion for your and the City of Virginia Beach's simile, ant efforts
to provide for the prote.-tion of the Stumpy Lake aontidal wetlands. It is our hope
that the condemnation of Stumpy Lake and surrounding wetlands will prevent the
deswocfive devclopmeaxt that threatens the~ valuable resources and prov/de
permanent pro~ectioo for them. Protection of nontidal wetlands, including
wetlands within the Chesapeake Bay watershed and those associated with Stumpy
Lake, is critical to the maintenmnce of the Cornmonwe~th's e.n_vironmental
quality.
In June, CBF urged the City of Norfolk to sell its Stumpy Lake property to
the City of Virginia Beach; I have attached a copy of our statement for your
information. We regret that thc CRy of Norfolk did not pmsue th/a oppommity,
as it appeared to provide a reasonable and positive solution toward protection of
the ecologically and economically important normdal wetlands of Stumpy Lake.
Nontidal wetlands, while limited to less than 5 percem of Vi~g/nia's
sm'face area, support a disproportionally h/gh percentage offish and wildlife
species, including commercially harvested as well as endangered ape.c/es, and
provide valuable personal property protection through their flood control
cb. atactefistics. The strong support for protection of thc St,~,mpy Lake nontidal
wetlands fi-om maw] V'trginia citizens reflects our growing tmdefstandiag of the
vital link between protection of these resources and a stable, healthy environmenz_
08./08/00 12: 08 F3.X 8046484011 CBF-RICHI~OI~'I) [~ 0,3
The Honorable Meyera E. Obcrndoff
Page 2
Ttmnk you again for your efforts xo preserve the S0~mpy Lake wetlands. If CBI: can be
of any assistance, please do not hesitate to contact Arm Jennings, our staff scientist, or me at
(804) 780-1392.
Sincerely,
Vir~nia Assistant Director
Attachment
o8~o8/oo 12:o8 FAX 8o4648¢oll CBF-RICIIMOND
CHESAPEAKE BAY FOUNDATION
, f ' Resource Protection
O.eq~.~.._.~._~~ ® En~ieoT, mentaI Edztcation
CBF TESTIMONY BEFORE THE NORFOLK CITY COUNCIL
JUNE 27, 2000
PUBLIC I41;'.AR]IqG REGARDING THE SALE OF STUMPY LAKE AND
ITS ASSOCIATED WETLANDS
Mayor Fraim and members of the City Council. I am Ann Jennings, a staff
scientist with the Virginia Office of the Chesapeake Bay Foundation. My
professional experience includes working for the last decade in both the public and
private sectors m wetland protection and regulatory matters; having graduated
from Vir~nia Tech and Texas A&M Universities vdth degrees ~ biology and
wildlife and fisheries sciences. As you may know, the Chesapeake Bay
Foundation is the largest conservation organization in the Mid-Atlantic region with
over 80,000 members. Our Hampton Roads Office has been located here in
Norfolk for over a decade and we currently have very active local program~ m Bay
conservation, fisl~enes, habitat restoTation and environmental education. I
appreciate this oppommity to share the Bay Foundation's concerns regarding the
proposed sale of Stumpy Lake and its surrounding wetlands for high-density
development purposes versus long-term protection.
You will observe [have observed] this evening that Stumpy Lake is a cherished
resource; many citizens, from the Cities of Norfolk, Virginia Beach, and other
08~/08/00 12:08 FAX 8o46'~84011 CBF-RI Ctt3[0~NI) ~]05
communities, genuinely value the benefits they receive from this nontidal wetland
resource. Throughout the Commonwealth, nontidal wetlands are recogniTed for
their abilities to filter excess nutrients and other pollutants, store floodwaters,
provide habitat for a vast array of rare species, and improve our quality of life.
Stumpy Lake certainly fits that bill - providing a si~nificant link in the overall
health of the Gum Swamp and North Landing River ecosystem.
Despite their importance from both an ecological and an economic perspective,
Virginia' s nontidal wetlands have declined dramatically. Locally, federal research
indicates that over 4,800 acres of nontidal wetlands m the Hampton Roads region
were des~oyed, pr;anarily from development, during the 1980s~ And, significant
losses continue today, despite federal effoFus to regulate their use. The past two
years, we've witnessed the widespread ditching and draining of nontidal wetlands
throughout southeasteri~ Vir~nia. Your Elizabeth River watershed was
particularly hard hit by a loophole m federal law that allows Tulloch ditching and
draining of wetlands without opporvmity for any agency review of the impacts or
requirements for replacing lost wetlands. As a result, hundreds of acres of
wetlands were ditched m a very short period of time, leading to wetland loss and
downstream discharges of sediments and other pollutants to Elizabeth River
tributaries. Wetland destruction through ditching has also occurred on properties
adjacent to the City's Stumpy Lake properly.
OK/OS/00 12:08 FAX 8o4645401~ CBF-RICI~gONI) ~o6
The loss of wetlands associated with Stumpy Lake, whether through ditching,
drainage, or development, will potentially result in avoidable hardships on the
Cities of Virginia Beach and Chesapeake - placing private properties and public
infxastru~e at increased risk of flooding and degrading the quality of
downs~eam waters. The structural measures necessary to remedy such problems
will, in turn, place an avoidable hardship on local taxpayers.
The City of Norfolk is faced with the choice of allowing development to continue
to destroy the region's vital wetland resources or pursuing protection and ensuring
a healthy environment for future generations. Your choice is to sell Stumpy Lake
and its surrounding wetlands to the City of Vir~nia Beach which has indicated
support for protecting the area for conservation purposes or to sell Stumpy Lake to
a development firm intent on draimng wetlands for residential development. The
Chesapeake Bay Foundation urges the City of Norfolk to recogni~_e both the
economic and ecological hartn caused by destruction of Virginia's nontidal
wetlands_ CBF strongly recommends the City of Norfolk allow purchase of this
property by the City of Virginia Beach and, further, that the City of Virginia Beach
provide for the long-term protection of thi_q cherished resource.
I thank you again for this opportunity to comment.
od/o$/oo 12:08 FAX 8o4648401! cBF-R~Ct~gOND ~o2
CHESAPEAKE BAY FOUNDATION
Environmental Education
August g, 2000
The Honorable Meyera E. Oberndorf
2401 Courthouse Drive
CRy Hall, Bldg_ #1, Municipal Center
Virginia Beach, VA 23456
Dear Mayor Obemdorf,
On behalf of the Che~ Bay Foundation (CBF), I wish to express our
sincere appre~-Cation for yoRr and the City of Virginia Beach' s significant efforts
to provide for the protection of the Stumpy Lake nonfidal wetlands. It i$ ot~r hope
that the condemnation of Stumpy Lake and surrounding wetlands will prevent the
destroc~ve developmenl that t.~reatens th¢~ valuable resources and provide
permanent protection for them. Protection ofnomidal wetlands, including
wetlands within the Chesapeake Bay watersh~[ and those associated with Stumpy
I .ake, is critical to the ~--~inter, ance of*,he Co~monwe~th's envi_~o_nmenta]
q. ality.
In June, CRF urged the City of NoffoIk to sell its Stumpy Lake propeazy to
the City of Vir~nia Beach; I have attached a copy of our statement for your
i~formafion. We regret that the City of Norfolk did not pmsue thi~ oppoHazn~,
as it appeared to provide a reasonable and positive solution toward pratection of
the ecologically and economically important normdal wetlands of Stumpy Lake.
Nomidal wetlands, while limited to les~ than 5 p~rc~m of Virginia's
surface area, support a disproportionally high percentage of fish and wildlife
species, includiag commercially harvested as well as endangered species, and
provide valuable l~rsonal property protection through their flood control
eharacte~stics. The strong ~upport for protection of the Stumpy Lake no, tidal
wetlands from mary Xrtr~inla citizens reflects our growing understanding of the
vital link between protection off these resources and a stable, healthy environment.
~ ~ t~ W~ ~u:~ ~ ~ J iff, ~, V~ ~ ~ 10 · ?~7~t~. ~
~ ~ige. I~P~~ ~ · 2 - · '- .
0~/08/00 12:08 F.~ 8046484011 CBF-RI'CI~IO,NI) 1~03
The Honorable Mcyera E. Oberndorf
Page 2
Thank you again for your efforts to preserve the Stumpy Lake wetlands. If CBF can be
of any assistance~ please do not hesitate to con~act Arm Jennings, our staff sdentist, or me at
(gO4) 780-1392.
Sincerely,
Vir~nia Assistant Director
Attachmenl
o8/o8/oo 12:o8 FAX 8o46484oll CBF-RICilIiOND ~o4
CHESAPEAKE BAY FOUNDATION
Resource a°rorecrion
Environmental Education
CBIr TESTIMONY BEFORE THE NORFOLK CITY COUNCIL
JUNE 27, 2000
PUBLIC HEARING REGARDING THE SALE OF STUMPY LAKE AND
ITS ASSOCIATED WETLANDS
Mayor Fraim and members of the City Council. I am _Ann Jenning$, a staff
scientist with the Virginia Office of the Chesapeake Bay Foundation. My
professional experience includes working for the last decade in both the public and
private sectors in wetland protection and regulatory matters; having graduated
from Vk~m~'nia Tech and Texas A&M Umversities v, Sth degrees hn biology and
wildlife and fisheries sciences. As you may know, the Chesapeake Bay
Foundation is the largest conservation organization in the Mid-Atlantic region with
over 80,000 members. Our Hampton Roads Office has been located here in
Norfolk for over a decade and we currently have very active local programs m Bay
conservation, fisheries, habitat restoration and environmental education. I
appreciate this o. ppommity to share the Bay Foundation's concerns regarding the
proposed sale of Stumpy Lake and its surrounding wetlands for high-density
development purposes versus long-term protection.
You will observe [have observed] th;~ evening that Stumpy Lake is a cherished
resource; many citizens, from the Cities of Norfolk, Virginia Beach, and other
0~/08/00 12:08 FAX S0464S1011 CBF-RICI~0ND ~05
cornmnnities, gemfinely value the benefits they re~ceive from this nontidal wetland
resource. Throughout the Commonwealth, noutidal wetlands are r¢¢oLs~izexl for
their abilities to filter excess nutrients and other pollutants, store floodwaters,
provide habitat for a vast m-ray of rare species, and improve our quality of life.
Stumpy Lake certainly fits that bill - providing a significant link in the overall
health of thc Gum Swamp and North Landing River ecosystem.
Despite their importance from both an ecological and an economic perspective,
Virginia' s nontidal wetlands have declined dramatically. Locally, federal research
indicates that over 4,800 acres of nontidal wetlands in the Hampton Roads region
were destroyed, primarily from development, during t_he 1980s~ And, significant
losses continue today, despite federal efforts to regulate their use. The past two
years, we've witnessed the widespread ditching and draining of nontidal wetlands
throughout southeaster~ Vir~nia. Your Elizabeth River watershed was
particularly hard hit by a loophole m federal law that allows Tulloch ditching and
draining of wetlands without opporomity for any agency review of the impacts or
requirements for replacing lost wetlands. As a result, hundreds of acres of
wetlands were ditched m a very short period of time, leading to wetland loss and
downstream discharges of sediments and other pollutants to Elizabeth River
tributaries. Wetland destruction through ditching has al_~o occurred on properties
adjacent to the City's Stumpy Lake property.
o~/o$/oO 12:o8 FAX $o464540~ CBF-~ICE~O:"~ ~o6
The loss of wetlands associated with Stumpy Lake, whether through ditching,
drainage, or development, will potentially result in avoidable hardships on the
Cities of Virginia Beach and Chesapeake - placing private properties and public
infrastnactttre at increased risk of flooding and degrading the quality of
downstream waters. The structural measures necessary to remedy such problems
will, in turn, place an avoidable hardship on local taxpayers.
The City of Norfolk is faced with the choice of allowing development to continue
to destroy the region's vital wetland resources or pursuing protection and ensuring
a healthy environment for future generations. Your choice is to sell Stumpy Lake
and its surrounding wetlands to the City of Vir~nia Beach which has indicated
support for protecting the area for conservation purposes or to sell Stumpy Lake to
a development firm intent on draining wefla_nds for residential development. The
Chesapeake Bay Foundation urges the City of Norfolk to recognize both the
economic and ecological harm caused by destruction of Virginia' s nontidal
wetlands. CBF strongly recommends the City of Norfolk allow purchase of this
property by the City of Virginia Beach and, further, that the City of Virginia Beach
provide for the long-term protection of this cherished resource.
I thank you again for this opportunity to comment.
08/08/0o 12:08 FAX 8016484011 CBF-RICFffiOND ~o2
CHESAPEAKE BAY FOUNDATION
En.ironmenral ~Educarion
August 8, 2000
The Honorable Meyera E. Obemdorf
2401 Comthouse Drive
City Hall, Bldg. gl, Municipal Center
Virginia Beach, VA 23456
Dear Mayor Obemdorf,
On behalf of the Chesapeake Bay Foundation (CBF), I wish to er. press our
sincere appreciation for your and lhe City of Virginia Beach's sif!~ificant efforts
to provide for the protection of the Stumpy Lake nontidal wetlands. It is our hope
thai the condemnation of Stumpy Lake and surroundin~ wetlands will l~evem the
de~rdctive development that t.lu'eatcns these valLutble resources and provide
permanent protection for them. Protection of nomidal wetlands, including
wetlands within the Chesapeake Bay watershed and those associated whh Stumpy
Lake, is cd6cal to the maintenance of~e Co?..monw¢~th's envi_ronmental
qu~iry.
In ~une, CBF urged the City of ~loffolk to sell its Stumpy L~ke property To
the City ofVir~nia B¢~ch; I have attached a copy ot' our statement for your
Ln£orrrmion. We regret that thc City otNorfolk did not pmm¢ this opponm~ivj,
as it appe~ed m provide a reasoznble and positive solution toward ~ion o£
the ecologically and economicaJ]y important norr6d~l wetlsnds of Stumpy Lake.
Nomidai wetlands, while limited to less than 5 p~rcem of Vizgiais's
surface area, support s dispropor6onsl]y high percentage offish and wildlife
species, including commercially harvested as well as endangered species, ~d
provide valuable personal property protection through their flood control
characteristics. The strong support for p~otection of the St~mpy L~k¢ nontidal
wetlands from many VirL'4nia citizens reflects our growing understanding of the
viral llnk between protection of these resources and a stable, healthy environment.
J no. dr EL B,41a~,~u
08/08/00 12:08 F32[ 8046484011 CBF-RICI~iO,ND ~03
The Honorable Meyexa E. Oberndorf
Page 2
Thank you again for your efforts 'to preserve the St~mpy Lake wetlands. If CBF can be
of any assistance, please do not hesitate to contact Ann Jenning~, our staff scientist, or me at
(804) 780-1392.
Sincerely,
Virginia Assistant Director
A~tachment
08/08/00 12:o8 FAX 8o46484oll CBF-RICI~ONI) ~o4
CHESAPEAKE BAY FOUNDATION
CBF TESTIMONY BEFORE THE NORFOLK CITY COUNCIL
JUNE 27, 2000
PUBLIC HEARING REGARDING THE SALE OF STUMPY LAKE AND
ITS ASSOCIATED WETLANDS
Mayor Fraim and members of the City Council. I am Ann Jenniugs, a staff
scientist with the Virginia Office of the Chesapeake Bay Foundation. My
profeksional experience includes working for the last decade in both the public and
private sectors m wetland protection and regulatory matters; having graduated
from Virginia Tech and Texas A&M Universities with degrees :m biology and
wildlife and fisheries sciences. As you may know, the Chesapeake Bay
Foundation is the largest conservation organization in the Mid-Atlantic region with
over 80,000 members. Our Hampton Roads Office has been located here in
Norfolk for over a decade and we currently have very active local programs m Bay
conservation, fisl~eries, habitat restoration and environmental education. I
appreciate this 0ppo~mity to share the Bay Foundation's concerns regarding the
proposed sale of Stumpy Lake and its surrounding wetlands for high-density
development pua~ses versus long-term protection.
You will observe [have observed] this evening that Stumpy Lake is a cherished
resource; many citizens, from the Cities of Norfolk, Virginia Beach, and other
08,/08/OO 12:08 FAX 8046484011 CBF-RIC~OND ~05
communities, genuinely value~ the benefits they receive from this nontidal wetland
resource. Throughout the Commonwealtk, nontidal wetlands are recognized for
their abilities to filter excess nutrients and other pollutants, store floodwaters,
provide habitat for a vast array of rare species, and improve our quality of life.
Stumpy Lake certainly fits that bill - providing a sigafficant link in the overall
health of the Gum Swamp and North Landing River ecosystem.
Despite theft importance from both an ecological and an economic perspective,
Virginia's nontidal wetlands have declined dramatically. Locally, federal research
indicates that over 4,800 acres of nontidal wetlands in the Hampton Roads region
were destroyed, primarily ~om development, during the 1980s. And, significant
losses continue today, despite federal efforts to regulate their use. The past two
years, we've witnessed the widespread ditching and draining of nontidal wetlands
throughout southeaster~ Vir~nia. Your Elizabeth River watershed was
particularly hard hit by a loophole in federal law that allows Tulloch ditching and
draining of wetlands without opporvmity for any agency review of the impacts or
requirements for replacing lost wetlands. As a result, hundreds of acres of
wetlands were ditched m a very short period of time, leading to wetland loss and
downstream discharges of sediments and other pollutants to Elizabeth River
tributaries. Wetland destruction through ditching ha~ also occurred on properties
adjacent to the City's Stumpy Lake property.
05/08/00 12:08 FAX $046484O11 CBF-RICI~OND ~o6
The loss of wetlands associated with Stumpy Lake, whether through ditching,
drainage, or development, will potentially result in avoidable hardships on the
Cities of Virginia Beach and Chesapeake - placing private properties and public
infrastructure at increased risk of flooding and degrading the quality of
downstream waters. The structural measures necessary to remedy such problems
will, in turn, place an avoidable hardship on local taxpayers.
The City oflqorfolk is faced with the choice of allowing development to continue
to destroy the region's vital wetland resources or pursuing protection and ensuring
a healthy environment for future generations. Your choice is to sell Stumpy Lake
and its surrounding wetlands to the City of Vir~nia Beach which has indicated
support for protecting the area for conservation purposes or to sell Stumpy Lake to
a development firm inttnt on draining wetlands for residential development. The
Chesapeake Bay Foundation urges the City of Norfolk to recogniT_e both the
economic and ecological harlll caused by destruction of Virginia's nontidal
wetlands. CBF strongly recommends the City of Norfolk allow purchase of this
property by the City of Virginia Beach and, further, that the City of Virginia Beach
provide for the long-term protection of thi_q cherished resource.
I thank you again for this opportunity to comment.
O8?O$/O0 12:08 FAX 80~6484011 CBF-R~CI~OND
CHESAPEAKE BAY FOUNDATION
Environmental Education
August 8, 2000
The Honorable Meyera E. Obemdorf
2401 Courthouse Drive
City HalL. Bldg_ #1, Municipal Center
VkginiaBeach, VA 23456
Dear Mayor Oberndorf,
Oa behalf of the Che~e Bay Foundation (CBF), I wish ~o emtpress our
sincere appreciation for your and dae City of gruginia Beach's significant efforts
to provide for the protection of the Stumpy Lake aonfidal wetlands. It is oux hope
that the conderrmaxion of Stumpy Lake and surrounding wetlands will prevent the
destructive devclopme~ thax threatens these vahhxble resmtrces and provide
permanem protection for them. Protection ofnontidal wetlands, including
wetlands within the Chesapeake Bay watexshed and those associated with Sgnvgy
Lake, is critical to the maintenance oft,he Commonwealth's envkonmenta!
quali~.
In June, CBF urg~l the City oflqort'olk to sell its Stumpy Lake property to
the City of Virginia Beach; I have attached a copy of our statement for your
information. We regret that the City of Norfolk did not pmsue this opponxmity,
as it appe~ed to provide a reasonable and positive solution toward ~ion of
the ecologically and economically important norrddal w~lands of Stumpy Lake.
Nomidal wetlands, while limited to less than 5 p~nt of Virginia's
sm'fac~ area, support a disproportionally high p~rc~mtage of fish and ~ildlife
species, including commercially harvested as well as endangered species, and
provicle valuable pemo~ property protection through their flood control
characteristics. The strong support for protection of 1abe Stumpy L~ke nontidal
wefl~ds from many V'trgi~ia citizens refl~ts our growing understanding of abe
viral link betw~n protection of these resources and a stable, healthy environmem.
05~05/00 12:o8 F.~ 8046484011 CBF-RICHIgOND ~03
The Honorable Mcyera E. Oberndort'
Page 2
Thank you again for your efforts m preserve the Sta~mpy Lake wetlands. If CBF can be
of any assistance, please do not hesitate to contact Ann Jennings, our staff scientist, or me at
(804) 780-1392.
Sincerely,
Vir~nia Assistant Director
At't achmenl
08~08/00 12:08 FAX 8046484011 CBF-RlCl~ONI) ~o4
CHESAPEAKE BAY FOUNDATION
~erourc¢ a°rorecrion
Environmental Educar£on
CBF TESTIMONY BEFORE THE NORFOLK CITY COUNCIL
JUNE 27, 2000
PUBLIC I-IE~G 'REGARDING THE SALE OF STUMPY LAKE AND
ITS ASSOCIATED WETLANDS
Mayor Fraim and members of the City Council. I ~m Ann Jennings, a staff
scientist with the Virginia Office of the Chesapeake Bay Foundation. My
pro£e~sional experience includes working for the last decade in both the public and
private sectors in wetland protection and regulatory matters; having graduated
from Virginia Tech and Texas A&M Universities ~Sth degrees kt biology and
wildlife and fisheries sc/ences. As you may know, the Chesapeake Bay
Foundation is the largest conservation organization in the Mid-Atlantic region with
over 80,000 members. Our Hampton Roads Office has been located here in
Norfolk for over a decade and we currently have very active local programs m Bay
conservation, fisheries, habitat restoTation and environmental education. I
appreciate this opportunity to share the Bay Foundation's concerns regarding the
proposed sale of Stumpy Lake and its surrounding wetlands for high-density
development purposes versus long-term protection.
You will observe [have observed] thi~ evening that Stumpy Lake is a cherished
resource; many citizens, from the Cities of Norfolk, Vixginia Beach, and other
oS~OS/OO 12:o8 FAX Soi64S4Oll CBF-RICI~OND ~05
communities, genuinely value the benefits they receive from this nontidal wetland
resource. Throughout the Commonwealth, nontidal wetlands are recogni×ed for
their abilities to filter excess nutrients and other pollutants, store floodwaters,
provide habitat for a vast array of rare species, and improve our quality of life.
Stumpy Lake certainly fits that bill - providing a significant link in the overall
health of the Gum Swamp and North Landing River ecosystem.
Despite their importance from both an ecological and au economic perspective,
Virginia's nontidal wetlands have declined ckamatically. Locally, federal research
indicates that over 4,800 acres of nontidal wetlands m the Hampton Roads region
'were destroyed, p,~ma~!y from development, during the 1980s~ And~ sigxfificant
losses continue today, despite federal efforts to regulate their use. The past two
years, we've witnessed the widespread ditching and draining of nontidal wetlands
throughout southeasten~ Vir~nia. Your Elizabeth River watershed was
particularly hard ~t by a loophole m federal law that allows Tulloch ditching and
ckaining of wetlands without opportamity for any agency review of the impacts or
requirements for replacing lost wetlands. As a result, hundreds of acres of
wetlands were ditched in a very short period of time, leading to wetland loss and
downs~xeam discharges of sediments and other pollutants to Elizabeth River
tributaries. Wetland destruction through ditching has also occurred on properties
adjacent to the City's S~mpy Lake property.
b$~08/00 12:08 FAX 8046484011 CBF-RICIt~ONI) ~06
The loss of wetlands associated with Stumpy Lake, whether through ditching,
drainage, or development, will potentially result in avoidable hardships on the
Cities of Virginia Beach and Chesapeake - placing private properties and public
infrastructure at increased risk of flooding and degrading the quality of
downstream waters. The structural measures necessary to remedy such problems
will, in turn, place an avoidable hardship on local taxpayers.
The City oflqoffolk is faced with the choice of allowing development to continue
to destroy the region's vital wetland resources or pursuing protection and ensuring
a healthy environment for future generations. Your choice is to sell Stumpy Lake
and its surrounding wetlands to the City of Vir~nia Beach which has indicated
support for protecting the area for conservation purposes or to sell Stumpy Lake to
a development firm inttnt on draining wetlands for residential development. The
Chesapeake Bay l%uudafion urges the City of Norfolk to recognize both the
economic and ecological harm caused by desmaction of Virginia's nontidal
wetlands. CBF strongly recommends the City of Norfolk allow purchase of this
property by the City of Virg/nia Beach and, further, that the City of Virginia Beach
provide for the long-term protection ofthi~ cherished resource.
I thank you again for this opportunity to corem ent.
.. o$/~8/00 12:08 FAX 8046484011 CBF-R~CI~OND
CHESAPEAKE BAY FOUNDATION
.Re$ot~rce Proreer£or~
En~iron,nenral Education
August 8, 2000
The Honorable Meyera E. Obemdoff
2401 Courthouse Drive
City Hall, Bldg_ #1, Municipal Center
Virginia Beach, VA 23456
Dear Mayor Oberndoff,
On behalf of the Chcsapea~ Bay Foundation (CBF), I wish to express our
sincgre appreciation for your and ~he City of Virginia Beach's siLmificant efforts
to provide for the protection of the Stumpy Lake noatidal wetlan&. It is ou~ hope
that the condemnazion of Stumpy Lake a~d surrounding wetlands will prevem the
destrdcfive devclopmenl that threatcn~ the~ valuable resources and provide
permanent protection for them. Protection ofnomidal wetlands, including
wedands within the Chesapeake Bay wat~Tshed and those associated with Swmpy
Lake, is critical to the mainteRance ofLhe Commonwe~th's envi_ronmental
quality.
In June, CBF urged the City of Norfolk to sell its Stumpy Lake property to
the City of Virginia Beach; I have attached a copy of our statement for your
information. We regret that the City of Norfolk did not pmsue this opporttmity,
as it appeared to provide a reasooable and positive solution toward protection of
the ec~logically and economically important nontidal wetlands of Stumpy Lake.
NonticLal w~dands, while limited to less than 5 pert, em of Virginia's
surface area, support a disproportionally high percentage offish and wildlife
spca:les, including commercially harvested as well as endangered species, and
provide valuable personal property protection through their flood control
characteristics. The strong support for protection of thc Stumpy Lake nontidal
wetlands from many Virginia citizens reflects our growing understanding oflhe
vital link between protection of these resources and a stable, healthy environment_
08/08/00 12:08 F.'~ 8046484011 CBF-RI¢I~ON'D
The Honorable Meyc~a E_ Oberndorf
Page 2
Thank you again for your efforts to preserve fl~e So,ropy Lake wetlands. If CBF can be
of any assistance, please do not hesitate to contact Ann Jennings, our staff scientist, or me at
($04) 780.1392.
Sincerely,
Virgini~ Assistant Director
A~achmen~
08/08/'00 12:08 FAX 8046484011 CBF-RICI~ONI) ~04
CHESAPEAKE BAY FOUNDATION
CBF TESTIMONY BEFORE THE NORFOLK CITY COUNCIL
JUNE 27, 2000
PUBLIC HEARING 'REGARDING THE SALE OF STUMPY LAKE AND
ITS ASSOCIATED WETLANDS
Mayor Fraim and members of the City Council. I _am Ann Jennings, a staff
scientist with the Virginia Office of the Chesapeake Bay Foundation. My
professional experience includes working for the last decade in both the public and
private sectors in wetland protection and regulatory matters; having graduated
from Virginia Tech and Texas A&Ivl Universities vdth degrees ~. biology and
wildlife and fisheries sciences. As you may know, the Chesapeake Bay
Foundation is the largest conservation organization in the Mid-Atlantic region with
over 80,000 members. Our Hampton Roads Office has been located here in
Norfolk for over a decade and we currently have very active local programs m Bay
conservation, fisheries, habitat restoration and enviromnental education. I
appreciate this Opportnnity to share the Bay Foundation's concerns regarding the
proposed sale of Stumpy Lake and its surrounding wetlands for high-density
development purposes versus long-term protection.
You will observe [have observed] this evening that Stumpy Lake is a cherished
resource; many citizens, from the Cities of Norfolk, Virginia Beach, and other
o8,/~$/o0 12:o8 FAX 8o46481011 CBF-RICI~OND ~ 05
commnnities, gemfinely value the benefits they receive from this nontidal wetland
resouxce. Throughout the Commonwealth, nontidal wetlands are reco~snized for
their abilities to filter excess nutrients and other pollutants, store floodwaters,
provide habitat for a vast array of rare species, and improve our quality of life.
Stumpy Lake certainly fits that bill - providing a significant link in the overall
health of the Gum Swamp and North Landing River ecosystem.
Despite their importance from both an ecological and an economic perspective,
Virginia' s nontidal wetlands have declined dramatically. Locally, federal research
indicates that over 4,800 acres of nontidal wetlands m the Hampton Roads region
were des~oyed, primarily ~om development, duri_ng the !980s~ ~d, significant
losses continue today, despite federal efforts to regulate their use. The past two
years, we've witnessed the widespread ditching and draining of nontidal wetlands
throughout southeastert~ Vir~nia. Your Elizabeth River watershed was
particularly hard hit by a loophole m federal law that allows Tulloch ditching and
draining of wetlands without oppor0mity for any agency review of the impacts or
requirements for replacing lost wetlands. As a result, hundreds of acres of
wetlands were ditched m a very short period of time, leading to wetland loss and
downstream discharges of sediments and other pollutants to Elizabeth River
tributaries. Wet_land destruction through ditching has also occtnxed on properties
adjacent to the City's Stumpy Lake property.
08/08/00 12:08 FAX 8O46484011 CBF-RIClt3gONI)
The loss of wetlands associated with Stumpy Lake, whether through ditching,
drainage, or development, will potentially result in avoidable hardships on the
Cities of Vir~nia Beach and Chesapeake - placing private properties and public
infrastructure at increased risk of flooding and degrading the quality of
downstream waters. The smactural measures necessary to remedy such problems
will, in turn, place an avoidable hardship on local taxpayers.
The City oflqorfolk is faced with the choice of allowing development to continue
to destroy the region's vital wetland resources or pursuing protection and ensm~ing
a healthy environment for future generations. Your choice is to sell Stumpy Lake
and its surrounding wetlands to the City of Virginia Beach which has indicated
support for protecting the area for conservation purposes or to sell Stumpy Lake to
a development firm inttnt on draimng wetlands for residential development. The
Chesapeake Bay Foundation urges the City of Norfolk to recognize both the
economic and ecological harm caused by destruction of Virginia's nontidal
wetlands_ CBF strongly recommends the Ciw of Norfolk allow purchase of this
property by the City of Virginia Beach and, further, that ~he City of Virginia Beach
provide for the long-term protection of thi~ cherished resource.
I thank you again for this opportunity to comment.
· 08/b8./00 I2:08 F3~X 801648401~
CBF-RICI~0ND
CHESAPEAKE BAY FOUNDATION
Resource pror~¢rio.
Environmental l~ducazion
August 8, 2ooo
The Honorable Meyera E. Oberndorf
2401 Courthouse Drive
CRy Hall, Bldg. #1, Municipal Center
Virginia Beach, VA 23456
Dear Mayor Oberndorf,
On behalf ofth~ Cl~peake Bay Foumlation (CBF), I wish to express ot~
sincere appredafion for your and the City of Virginia Beach's si~a~ificant efforts
to provide for the protection oft_he Stumpy Lake aonfidal w~lands, tt is our hope
thax the condemnation of Stumpy Lake and surrounding wetlands will prevent the
destracti;'e development that threatens these valm~ble resources and provide
permanent protection for them. Protection of nontidal wetlands, including
weflmads within the Chesapeake Bay watershed and those associated with St~m~py
Lake, is critical to the maintenance of the Commonwea!th's e_n_vi_ronmental
quality.
In June, CBF urged the City of lqoffolk to sell its Stumpy Lake property to
the City of Virginia Beach; I have attached a copy of our statemen! for your
information- We regret that the City of Norfolk did not pursue this oppommitT,
as it appeared to provide a reasonable and positive solution toward tm:gecfioa of
the ecologically and economically important norrddal wetlands of Stumpy Lake.
Nontidal wetlands, while limited to less than 5 percem of Virginia's
surface area, support a disproportionally high percentage of fish and wildlife
species, including commercially harvested as well as endangered spedes, and
provide valuable personal property protection through zheir flood cozm-ol
characteristics. The strong support for p[otec~ion of the Stumpy Lake nomidal
wetlands from maay Virginia citizens reflects our growing understandi~ of the
vital link between protection of these resources and a stable, healthy environment.
08/'08/00 12:08 F.~gX 8046484011 CBF-R I CI~O.N'D
The Honorable Meyera E. Oberndorf
Page 2
Thank you again for your efforts to preserve the Stumpy Lake wetlands. If CBF can be
of any assistance, please do not hesitate to contact Arm Jennings, our staff scientist, or me at
($04) 780-1392.
Sincerely,
Vir~nia Assistant Director
A~t~hmel~
05/~8/o0 12:08 FAX 8046484011 CBF-RICH~ONI) ~o4
CHESAPEAKE BAY FOUNDATION
Resource Protection
Enwironmenral £ducadon
CBF TESTIMONY BEFORE THE NORFOLK CITY COUNCIL
JUNE 27, 2000
PUBLIC HEARING REGARDING THE SALE OF STUMPY LAKE AND
ITS ASSOCIATED WETLANDS
Mayor Fraim and members of the City Council. I _am Ann Jennings, a staff
scientist with the Virginia Office of the Chesapeake Bay Foundation. My
professional experience includes working for the last decade in both the public and
private sectors in wetland protection and regulatory matters; having graduated
from Virginia Tech and Texas A&M Um'versitie5 ',,,Sth degrees i, biologD' and
wildlife and fisheries sciences. As you may know, the Chesapeake Bay
Foundation is the largest conservation organization in the Mid-Atlantic region with
over 80,000 members. Our Hampton Roads Office has been located here in
Norfolk for over a decade and we currently have very active local programs in Bay
conservation, fisheries, habitat restoration and environmental education. I
appreciate this 0pporPmity to share the Bay Foundation's concerns regarding the
proposed sale of Stumpy Lake and its surrounding wetlands for high-density
development pta'poses versus long-term protection.
You will observe [have observed] thi~ evening that Stumpy Lake is a cherished
resource; many citizens, from the Cities of Norfolk, Virginia Beach, and other
O8705/oo 12:O8 FAX 8o4648~011 CBF-RI¢It~ONJ) ~05
communities, gert,finely value the benefits they receive from this nontidal wetland
resource. Throughout the Commonwealth, nontidal wetlands are recognized for
their abilities to filter excess nutrients and other pollutants, store floodwaters,
provide habitat for a vast array of rare species, and improve our quality of life.
Stumpy Lake certainly fits that bill - providing a significant link in the overall
health of the Gum Swamp and North Landing River ecosystem.
Despite their importance from both an ecological and an economic perspective,
Virginia' s nontidal wetlands have declined dramatically. Locally, federal research
indicates that over 4,800 acres of nontidal wetlands m the Hampton Roads region
were des~oyed, prima~2!y ~orn development, during the 1980s. And, si~enificant
losses continue today, despite federal efforts to regulate their use. The past two
years, we've witnessed the widespread ditching and drainiug of nontidal wetlands
throughout southeaster~ Virginia. Your Elizabeth River watershed was
particularly hard lkit by a loophole m federal law that allows Tulloch ditching and
draining of wetlan~ without oppo~mity for any agency review of the impacts or
requirements for replacing lost wetlands. As a result, hundreds of acres of
wetlands were ditched m a very short period of time, leading to wetland loss and
downstream discharges of sediments and other pollutants to El/zabeth River
tributaries. Wetland destruction through ditching has also occurred on properties
adjacent to the City's Stumpy Lake property.
'05,~05/00 12:08 FAX 8046484011 CBF-RI¢lt~I[ON~ ~06
The loss of wetlands associated with Stumpy Lake, whether through ditching,
drainage, or development, will potentially result in avoidable hardships on the
Cities of Virgix~ Beach and Chesapeake - placing private properties and public
infrastructure at increased risk of flooding and degrading the quality of
downstream waters_ The structural measures necessary to remedy such problems
will, m turn, place an avoidable hardship on local taxpayers.
The City of Norfolk is faced with the choice of allowing development to continue
to destroy the region's vital wetland resources or pursuing protection and ensuring
a healthy environment for future generations. Your choice is to sell Stumpy Lake
and its surrotmdmg wetlands to the City of Vir~nia Beach which has indicated
support for protecting the area for conservation purposes or to sell Stumpy Lake to
a development firm intent on draimng wetlands for residential development. The
Chesapeake Bay Foundation urges the City of Norfolk to recognize both the
economic and ecological hartI1 caused by destruction of Virginia's nontidal
wetl=nds. CBF strongly recommends the City of Norfolk allow purchase of this
property by the City of Virginia Beach and, further, that the City of Virginia Beach
provide for the long-term protection of rhi~ cherished resource.
I thank you again for this opportunity to comment.
08/08/00 12: 08 FAX 8o46481011 CBF-RICFI31OND 1~102
CHESAPEAKE BAY FOUNDATION
l~e$ource Pror~¢tio.
En.ironmenral l~ducarion
August 8, 2OOO
The Honorable Meyera E. Obemdoff
2401 Courthouse Drive
City Hall, Bldg. #1, Municipal Center
Virginia Beach, VA 23456
Dear Mayor Oberndorf,
On behalf of the Chc~ Bay Foundation (CBF), I wish to express our
sincere appreciation for your and the City of Virginia Beach's siL~ificant efforts
to provide for the protection of the Stumpy Lake nontidal wetlands. It is our hope
that the condemnation of Stumpy Lake and surroundin8 wetlands will prevent the
des'tractive devclopmenl that t,lu'eat_~ these valuable res _ources and provide
permanent protection for them. Protection of nontidal wetlands, including
wetlands within the Chesapeake Bay watmrshed and those assooated with St,mapy
l.ake, is critical to the main',,enance of the Commonwca!th's e_nvironmenta!
quality.
In June, CBF urged the City oflqoffolk 'to sell its Stumpy Lake property to
the City of Virgirfia Beach; I have attached a copy of our statement for your
information. We regret that the City of Norfolk did not pm~ue this opportunity,
as it appeared to provide a reasonable and positive solution toward protection of
the ecologically and economically important nontidal wetlands of Stumpy Lake.
Nontidai wetlands, while limited to less than 5 percem of Virginia's
surface are~ support a disproportionally high percentage of fish and ~xdldlife
species, including commercially harvested as well as endangered species, and
provide vatuable perso~ property protection through their flood control
characte~stics. The strong support for protection of the Stumpy Lake nontidal
wetlands from many Virginia citizens reflects our growing undersxanding of the
viud link betw,en protection of these resources and a stable, healthy environment.
O8/08/O0 12:08 FAX 8046484oll CBF-RICI~IONI) ~03
Thc Honorable Mcyera E. Oberndorf
Page 2
Thank you again for your efforts to preserve the Stumpy Lake wetlands. If CBF can be
o£any assistance, please do not hesitate to contact Arm ~eunings, our ~ff s~ientigt, orme at
(804) 780-1392.
Sincerely,
Vir~nia Assistant Director
Attachment
08/08/00 12:08 FAX 8046484011 CBF-RICHMONI)
CHESAPEAKE BAY FOUNDATION
En,vironmenral Educaffo ft
CBF TESTIMONY BEFORE THE NORFOLK CITY COUNCIL
JUNE 27, 2000
PUBLIC HEARING REGARDING THE SALE OF STUMPY LAKE AND
ITS ASSOCIATED WETLANDS
Mayor Fraim and members offlae City Council. I _am Ann Jennings, a staff
scientist with the Virginia Office of the Chesapeake Bay Foundation. My
professional experience includes working for the last decade in both the public and
private sectors in wetland protection and regulatory matters; having graduated
from Vir~nia Tech and Texas A&M Umversities with degrees :m biology and
wildlife and fisheries sciences. As you may know, the Chesapeake Bay
Foundation is the largest conservation organization in the Mid-Atlantic region with
over 80,000 members. Our Hampton Roads Office has been located here in
Norfolk for over a decade and we currently have very active local programs m Bay
conservation, fislxeries, habitat restoration and environmental education. I
appreciate this 0pport~mity to share the Bay Foundation's concerns regarding the
proposed sale of Stumpy Lake and/ts surrounding wetlands for high-density
development purposes versus long-term protection.
You will observe [have observed] this evening that Stumpy Lake is a cherished
resource; many citizens, from the Cities of Norfollq Virginia Beach, and other
08/08/00 12:08 FAX 8046484011 CBF-RICI~OND ~o$
cornm,mities, gemdnely value the benefits they receive from this nontidal wetland
resource. Throughout the Commonwealth, nontidal wetlands are reco~ized for
their abilities to filter excess nutrients and other pollutants, store floodwaters,
provide habitat for a vast array of rare species, and improve our quality of life.
Stumpy Lake certainly fits that bill - providing a significant link in the overall
health of the Gum Swamp and North Landing River ecosystem.
Despite their impo~ance from both an ecological and an economic perspective,
Virginia's nontidal wetlands have declined ckamatically. Locally, federal research
indicates that over 4,800 acres of nontidal wetlands m the Hampton Roads region
were destroyed, p~-imari!y from development, during the 1980s And, significant
losses continue today, despite federal efforts to regulate their use. The past two
years, we've witnessed the widespread ditching and draining of nontidal wetlands
throughout southeaster~ Virginia. Your Elizabeth River watershed was
particularly hard hit by a loophole m federal law that allows Tulloch ditching and
draining of wetlands without oppo~mity for any agency review of the impacts or
requirements for replacing lost wetlands. As a result, hundreds of acres of
wetlands were ditched in a very short period of time, leading to wetland loss and
downs~xeam discharges of sediments and other pollutants to Elizabeth River
tributaries. Wetland destruction through d/tching has also occurred on properties
adjacent to the City's Stumpy Lake property.
08/08/00 12:08 FAX 8046484011 CBF-RICIt3tONI) ~06
The loss of wetlands associated with Stumpy Lake, whether through ditching,
drainage, or development, will potentially result in avoidable hardships on the
Cities of Virginia Beach and Chesapeake - placing private properties and public
infrastructure at increased risk of flooding and degrading the quality of
downstream waters. The snmctural measures necessary to remedy such problems
will, in turn, place an avoidable hardship on local taxpayers.
The City of Norfolk is faced with the choice of allowing development to continue
to destroy the region's vital wetland resources or pursuing protection and ensuring
a healthy environment for future generations. Your choice is to sell Stumpy Lake
and its surrounding wetlands to the City of Virginia Beach which has indicated
support for protecting the area for conservation purposes or to sell Stumpy Lake to
a development firm intent on draimng wetlands for resident/al development. The
Chesapeake Bay Foundation urges the City of Norfolk to reco~nize both the
economic and ecological harm caused by destruction of Virginia's nontidal
wetlands. CBF strongly recommends the City of Norfolk allow purchase of this
property by the City of Virginia Beach and, further, that the City of Virginia Beach
provide for the long-term protection of this cherished resource.
I thank you again for this opportunity to comment.
08/~8./00 12:08 F.LX. 804645~o1~ CBF-RI¢t~OND ~ 02
CHESAPEAKE BAY FOUNDATION
Environmental Education
Augus~ g, 2000
The Honorable Meyera E. Obemdoff
2401 Courthouse Drive
City Hall, Bldg. itl, Municipal Center
Virginia Beach, VA 23456
Dear Mayor Ob~"~dorf,
On behalf of the Chc~ Bay Foundalion (C'BF), I wish to express our
sincere appreciation for your and the City of Virginia Beach's si~m~ificam efforts
to provide for the protection of the Stumpy Lake nonlidal w~lands, h is our hope
that the condemnalion of Stumpy Lake and surrounding wetlands will prevem the
destructive dev¢lopmeflI ga~t threatens these valuable resources and provide
permanent prc~ectioo for them. Protection of norrfidal wetlands, including
wetlands within the Chesapeake Bay wal~-zshcd and those associated with Stumpy
Lake, is critical to ~he maintenanc'~ of+-he Co~monwea!th's e_n_vkonmenta]
qualiry.
In ~un¢, CRF urged the City of~Iorfolk to sell its Stumpy Lake property to
:he City of Vi~nia Beach; I have attached a copy of our sxatement for your
information. We regret that thc City of NorfoJk did not pursue this oppommity,
as it appeared to provide a reasonable and positive solution toward protection of
the ecologically and economically important nontidal wetlands of Stumpy Lake.
Nomidai wetlands, while limited to less than 5 percem of Virgiflia'$
surface area, suppo~ a disproportionally high i~rcentage of fish and gcildlife
species, including commercially harvested as well as endangered species, and
provide valuabl~ perso~ property prote~-tion through their flood control
characteristics. The strong support for protection of thc Stumpy Lake nontida~
wetlands from mary Virginia citizens reflects our growing ufldcr~tanding of~he
vital link between protection of these resources and a stable, healthy environmen:_
jof,:l~ lg. MM'~u
05/~)8/00 12:08 F.~X 8046484011 CBF-RICI~OND [~]03
The Honorable Mcyera E. Obcrndoff
Page 2
Thank you again for your efforts to preserve the St~mp¥ Lake wetlands. If CBF c. an be
of any ~si~ance~ please do not hesitate to contact Ann Iennings, our staff s~enti~, orme at
($04) 780-1392.
Sineexely.
Virginia Assistant Director
A~a~hmen~
O8/D8/O0 12:08 FAX 8o1648401! CBF-RICRI~0NI)
CHESAPEAKE BAY FOUNDATION
Resource Protection
Environmental Educatfon
CBF TESTIMONY BEFORE THE NORFOLK CITY COUNCIL
JUNE 27, 2000
PUBLIC HEARING REGARDING THE SALE OF STUMPY LAKE AND
ITS ASSOCIATED WETLANDS
Mayor Fraim and members of the City Council. I am Ann Jenning$, a staff
scientist with the Virginia Office of the Chesapeake Bay Foundation. My
professional experience includes working for the last decade in both the public and
private sectors m wetland protection and regulatory matters; having graduated
from Virginia Tech and Texas A&M Umversities -o, Sth degrees in biology and
wildlife and fisheries sciences. As you may know, the Chesapeake Bay
Foundation is the largest conservation organization in the Mid-Atlantic region with
over 80,000 members. Our Hampton Roads Office has been located here in
Norfolk for over a decade and we currently have very active local programs m Bay
conservation, fisheries, habitat restoTation and environmental education. I
appreciate this opportn_mity to share the Bay Foundation's concerns regarding the
proposed sale of Stumpy Lake and/ts surrounding wetlands for high-density
development purposes versus long-term protection.
You will observe [have observed] this evening that St~mpy Lake is a cherished
resource; many citizens, from the Cities oflqorfolk, Virginia Beach, and other
OS/~$./O0 12:08 FAX 8046484011 CBF-R~CKI~OND ~05
communities, genuinely value, the benefits they receive from this nontidal wetland
resource. Throughout the Commonwealth, nontidal wetlands are reco~iTed for
their abilities to filter excess nutrients and other pollutants, store floodwaters,
provide habitat for a vas't array of rare species, and improve our quality of life.
Stumpy Lake certainly fits that bill - providing a si~ificant link in the overall
health of the Gum Swamp and North Landing River ecosystem.
Despite theft importance from both an ecological and an economic perspective,
Virginia's nontidal wetlands have declined dramatically. Locally, federal research
indicates ~hat over 4,800 acres of nontidal wetlands in the Hampton Roads region
were des~oyed, phmarily ~om development, during the !980s. And, significant
losses continue today, despite federal efforts to regulate their use. The past two
years, we've witnessed the widespread ditching and draining of nonticlal wetlands
throughout southeasteri~ Vir~nia. Your Elizabeth River watershed was
particularly hard hit by a loophole m federal law that allows Tulloch ditching and
draining of wetlands without oppor0mity for any agency review of the impacts or
requirements for replacing lost wetlands. As a result, hundreds of acres of
wetlands were ditched m a very short period of time, leading to wetland loss and
downstream discharges of sediments and other pollutants to Elizabeth River
tributaries. W~land deff~ru~ion through ditching has also occurred on properties
adjacent to the City's Stumpy Lake property.
~ o$?o$/o0 12:08 FAX $046484011 CBF-RICHI~ON1) ~o6
The loss ofwetlancls associated with Stumpy Lake, whether through ditching,
drainage, or development, will potentially result in avoidable hardships on the
Cities of Virgixfia Beach and Chesapeake - placing private propexx/es and public
infrastnacttn'e at increased risk of flooding and degrading the quality of
downstream waters_ The structural measures necessary to remedy such problems
will, in turn, place an avoidable hardship on local taxpayers.
The City of Norfolk is faced with the choice of allowing development to continue
to destroy the region's vital wetland resources or pursuing protection and ensuring
a health,v environment for future generations. Your choice is to sell Stumpy Lake
and its surrounding wetlands to the City of Virginia Beach which has indicated
support for protecting the area for conservation purposes or to sell Stumpy Lake to
a development fu-m int6nt on draining wetlands for residential development. The
Chesapeake Bay Foundation urges the City of Norfolk to reco~ize both the
economic and ecological harm caused by destruction of Virginia' s nontidal
wetlands. CBF strongly recommends the City of Norfolk allow purchase of this
property by the City of Virginia Beach and, further, that the City of Virginia Beach
provide for the long-term protection of this cherished resource.
I thank you again for this opportunity to comment.
08d08/00 12:08 FAX 8046484011 CBF-RICI~OND
CHESAPEAKE BAY FOUNDATION
l~e$ource Protection;
Enzdronmenral Educazion
August g, 2OOO
The Honorable Meyera E. Obemdorf
2401 Courthouse Drive
City Hall, Bldg. #1, Municipal Center
Virginia Beach, VA 23456
Dear Mayor Oberndorf,
On behalf of the Che. sap~ke Bay Foundation (CBF), I wish to eacpress our
sine.~re appre~fion for your and the City of Vkginia Beach's si~ificant efforts
to provide for xhe protection of the Stumpy Lake nontidal wetlands. It is our hope
that the condemnation of Stumpy Lake and surrounding wetlands will prevent the
destructive devclopmeaxt that threatens these valuable resources and provide
permanent protection for them. Protection ofnontidal wetlands, including
wetlands within the Ches~eake Bay watershed and those associated with Stumpy
l.ake, iS critical to the mainter, a.nce of~he Commonwealth's envi__ronmental
quality.
In June, CBF urged the City oflqorfolk to sell its Stumpy Lake prop~ to
the City of Virginia Be~ch; I have attached a copy of our statement for your
information. We regret that the City of NorfoJk did not pmsue this oppozmnity,
as it appeared to provide a reasonable and positive solution toward prutection of
the ecologically and economically important nontidal wetlands of Stumpy Lake.
Nontidal wetlands, while limited to less than 5 p~rc~flt of Virginia's
sm-face area, support a disproportionally high percentage offish and ~ildlife
species, includilqg commercially harvested as well as endangered species, and
provide valuable personal property protection through their flood control
characteristics. The strong support for protgcaion of the Stumpy Lake nontidal
wetlands from many V'trgillia citizens reflects our growing understanding of the
vital link between protection of these resources and a stable, healthy environment.
o$Z05./oo 12:o8 F.~f. 8o46484oll CBF-RICHIgOND ~]o3
Thc Honorable Mcyera E_ Oberndorf
Page 2
Thank you again for your efforts xo preser~ -,.he Stumpy Lake wetlands. If CBF can be
of any assistance~ please do not hesitate to comact Ann lennings, our s~aff scientist, or me at
(g04) 780-1392.
Sincerely,
Ro~~nd, Esq.
Vir~nia Assistant Disector
08~08/o0 12:08 FAX 8046484011 CBF-RICI~OND
CHESAPEAKE BAY FOUNDATION
~¢source Pro~ecrion
CBF TESTIMONY BEFORE THE NORFOLK CITY COUNCIL
JUNE 27, 2000
PUBLIC HEARING REGARDING THE SALE OF STUMPY LAKE AND
ITS ASSOCIATED WETLANDS
Mayor Fraim and members of the City Council. I _am Ann Jennings, a staff
scientist with the Virginia Office of the Chesapeake Bay Foundation. My
professional experience includes working for the last decade in both the public and
private sectors in wetland protection and regulatory matters; having graduated
from Viz~nia Tech and Texas A&M Universities with degrees ~, biology and
wildlife and fisheries sciences. As you may know, the Chesapeake Bay
Foundation is the largest conservation organization in the Mid-Atlantic region with
over 80,000 members. Our Hampton Roads Office has been located here in
Norfolk for over a decade and we currently have very active local programs in Bay
conservation, fisl~enes, habitat restoTation and environmental education. I
appreciate this oppommity to share the Bay Foundation's concerns regarding the
proposed sale of Stumpy Lake and its surrounding wetlands for high-density
development purposes versus long-term protection.
You will observe [have observed] thla evening that St~mpy Lake is a cherished
resource; many citizens, from the Cities of Norfolk, Virginia Beach, and other
08/05/0O 12:08 FAX 8046481011 CBF-RICt~OND ~05
cornrmmities, genuinely value the benefits they receive from this nontidal wetland
resource. Throughout the Commonwcaltk, nontidal wetlands are reco~ized for
their abilities to filter excess nutrients and other pollutants, store floodwaters,
provide habitat for a vast array of rare species, and improve our quality of fife.
Stumpy Lake certainly fits that bill - providing a significant link in the overall
health of the Gttm Swamp and North Landing River ecosystem.
Despite their importance from both an ecological and an economic perspective,
Vir~nia's nontidal wetlands have declined dxamatically. Locally, federal research
indicates that over 4,800 acres of nontidal wetlands m the Hampton Roads region
were destroyed, pfima~'~lY from development, &a_ring the 1980s. And, significant
losses continue today, despite federal efforts to regulate their use. The past two
years, we've witnessed the widespread ditching and draining of nontidal wetlands
throughout southeaster~ Virginia. Your Elizabeth River watershed was
particularly hard hit by a loophole m federal law that allows Tulloch ditching and
draining of wetlands without opportunity for any agency review of the impacts or
requirements for replacing lost wetlands. As a result, hundreds of acres of
wetlands were ditched m a very short period of time, leading to wetland loss and
downsu'eam discharges of sedimems and other pollutants to Elizabeth River
tributaries. Wetland destruction through ditching has also occurred on properties
adjacent to the City's Stumpy Lake property.
05~08/oo 12:08 FAX $046454011 CBF-RICI~OND ~o6
The loss of wetlands associated with Stumpy Lake, whether through ditching,
drainage, or development, will potentially result in avoidable hardships on the
Cities of Virginia Beach and Chesapeake - placing private properties and public
infrastruaaxre at increased risk of flooding and degrading the quality of
downstream waters_ The structural measures necessary to remedy such problems
will, in turn, place an avoidable hardship on local taxpayers.
The City of Norfolk is faced with the choice of allowing development to continue
to destroy the region's vital wetland resources or pursuing protection and ensuring
a healthy environment for future generations. Your choice is to sell Stumpy Lake
and its surrounding wetlands to the City of Virginia Beach which has indicated
support for protecting the area for conservation purposes or to sell Stumpy Lake to
a development firm int6nt on draining wet!a_nds for residential development. The
Chesapeake Bay Foundation urges the City of Norfolk to recognize both the
economic and ecological harm caused by destruction of Virginia's nontidal
wetlands. CBF strongly recommends the City of Norfolk allow purchase of this
property by the City of Virginia Beach and, further, that the City of Virginia Beach
provide for the long-term protection of this cherished resource.
thank you again for this opportunity to comment.
0B/08/2000 13:41 757G25443§ ELIZABETH RIVER PROJ PAGE 02
Elizabeth River Project
Tuesday, June g, 2000
All Council Members
City of Virginia Beach
Municipal Center
Virginia Beach, VA 23456
To the Honorable Virginia Beach City Council,
We regret that the City of Nor£olk did not accept your forward-thinking offer to
purchase and preserve the Stumpy Lake properly. We strongly .qupport Virginia Beach's
recent effort to preserve this valuable wilderness as part of a corridor of parks protecting
wildlife habitat, and we encourage you to continue toward that goal.
The Southern Watershed abuts the Elizabeth River Watershed and eagles and
herona do not know property limes. We are excited by the prospect for the Stumpy Lake
property to continue to contribute to the health of the regional ecosyatem tluoughout
future generations while enhancing the quality of lives of the region'a citizens.
There is a great shortage of open space and wildlife habitat in Hampton Roads.
You are acting to help preserve the heritage of all our region.
801 Boush ~reet ~ ,¥uite 204 ~ Norfolk, Virginia 23510 ~ (757)625-3648 ~ Fax (757)625-4435
.501. c. 3 tax exempt orgonitation
and ~eal Estate Companies
)meowner Associations
ivic Leagues
lubs
nvironmental clubs and organizations
usiness groups
10. Fraternities and sororities
Form an educational alliance with ODU NSU and TCC to provide field laboratory sites for
biology, chemistry geology and environmental science students. At a similar site in
Delaware County Pennsylvania (Ridley Creek State Park) a significant amount of operating
expenses are deferred by the incoming revenue stream
G.~Trust for Public Land (Has already expressed an interest) Funds are limited perhaps up to
$1miltion dollars for property purchase.
H. Nature Conservancy
I. Sierra Club
I1.
The most important part of this process is that the media not be informed of the details of the
funding as every time we locate a potential funding source, the owners (Past and Present) seem to
up the ante.
Daniel A Baxter, Vice Chairman
i It omm s ion
Building ~ Municipal Center, Virginia Beach VA 23456 757.427-41,04
Home: 2001 Drumheller Ct. Virginia Beach VA 23464-8664 757.495.7224
Stumpy Lake Notes:
Based on the potential build out by the developer there is a net $430.000.00 per annum loss in tax revenue
on the site. Infrastructure costs to maintain and support the residences proposed on the site wilt not likely
be within estimates provided by the developer.
Ideas for funding of the project in addition to resources identified by staff and council:
A. Zero Coupon Bonds
B. Usage fees for use of the lake and amenities (Shelters and other facilities on site)
C. Golf Course revenue $1.50 per round in green fees yields $1,500 per t000 rounds
Seek financial contributions from public, foundations (Virginia Beach Foundation) and or
business partners (corporations)
Form a non profit organization 501 c-3 to manage the site. This would possibly answer all
the issues at hand. Private and Corporate donors might be more inclined to donate
substantial amounts of funds if they can legitimately deduct the contribution from taxes.
Potentially interested partners include:
Main Ident!l~
From:
To:
Sent:
Subject:
"Dan Baxter" <Stumpdlake~woridnet.att.net>
<letters~pilotonline.com>
Thursday, July 20, 2000 9:57 PM
Stumpy Lake and Unintended Consequences...
As a long time participant in this issue, it doesn't come as any surprise that the elected officials of Norfolk decided to close
the sale of Stumpy Lake to developer Eddie S. Garcia. What does come as a surprise is the apparent lack of
awareness concerning the ~Unintended Consequences" of their actions. Begging the preverbal question: Why after nearly
75 years is it so vital to the interests of Norfolk to sell the property and lake? Who knows? Only time will tell... It is the
unfortunate reality that the decisions made by a few individuals will likely result in many other parties having to deal
with some of the following unintended consequences:
First, the discounting of the efforts of several groups including the Norfolk Environmental Commission, the Southeast
Association for Virginia's Environment, The Sierra Club, Tidewater Environmental Network, Civic Leagues in Norfolk
Chesapeake and Virginia Beach and Citizens for Stumpy Lake among others. The potential alienation of these and other
related groups could prove costly to elected officials throughout the region when soliciting support (Espedally in
Richmond and Washington) for legislation. These groups deal with issues across the community across city boundaries. It
should be noted that the parochial interests of elected leaders in our dries are not shared by representatives to these and
many other regional groups... Why? Because these groups realize that unlike elected officials the environment and other
issues do not recognize the arbitrary boundaries imposed by man and by working together, we can make reasonable
accommodations while preserving the environment. (One potential fall out could be the impact on support for state
reimbursement for port facilities in Norfolk, Portsmouth and Newport News).
Second, The deal to sell the lake in addition to the adjacent land which came about after over a year of negotiations with
the developer who desired the lake all along. During the interim, Norfolk officials insisted that the lake was ~oafe" and not
for sale. It would appear that the addition of Stnillion dollars to the deal changes the complexion of th(: issue.
Third, The potential geological folly of draining the lake in the effort to de-water highlands and the claim that this will
improve drainage in an area where the average height above mean sea level is 5-7 feet and the water table is shallow as 10
inches... It is just as likely that the lake will refill to previous levels ~ ~ff O~ r ~, r~ ~
Fourth, Constriction on soils designated by the US Department of Agriculture as being unfit for type construction
propc~ed. (This information is available at any local college or University Library). Note to elected officials: In areas
where construction was permitted on soils not suited for the type of construction permitted, not only the developer, but
the municipality that permitted the transgression have been successfully sued by those who bought the homes in the
communities within the Commonwealth of Virginia.
Fifth, the additional traffic burden on an already stressed Intersection at Indian River and Kempsville Roads. Infamous as
one of the longest traffic lights in the city of Virginia Beach. The additional vehicles will not make the wait any shorter.
Sixth, the impact of a substantial influx of senior citizens in an area with no public transportation and no plans for any. No
increased police and fire protection.
Seventh, Impact of construction and or lowering of the lake on flood potential of surrounding properties. No one seems to
be willing to guarantee that lowering of the lake will improve the flood integrity or flood resistance of surrounding
properties. Contrary to popular belief there are some laws of physics and hydrology that even the best developers can not
overcome ....
Eighth, Impact on property rights of those who own properties adjacent to the site. To date, there has been little evidence
of increasing property values to existing properties associated with any large scale conversion of property zoned for
conservation to residential use.
Ninth, the continued damage to the integrity of elected officials when they claim to their citizens that property under a
conservation easement will remain that way. As was recently found out by other neighboring cities, This case illustrates
why the public has come to increasingly scrutinize land deals made by elected officials. The bigger questions is
whether elected officials can resist the temptation to sell property for momentary economic gain. This is not limited to the
cities in question but to the whole region...
08/08/2000
9099'gg~, (~) 9f/,f~' ~u.~a.tA 't/:w~ v!u.~a.tA 're.u(21 um~S ~gI
Page 2 of 2
Tenth, Potential negative impact on cooperation between communities. Given the nature of future challenges both
economic and environmental to pour quality of life and future prosperity, the time has long since past where
communities must work across lines to address issues in a open and honest fashion resulting mutually beneficial (Not
exclusive) results. The time for symbiosis is here. Cooperation does not mean capitulation... Each municipality should
have and retain its own identity much like siblings in a family.~ ..
There is a false notion that economic growth and environmental preservation are mutually exdusive. In countless cases,
planning and development can be molded in to a cohesive plans that provides reasonable return to current land owners,
reduced cost of infrastructure to taxpayers while preserving the environment.
If nothing else this situation ahs proven that there has to been a willingness to work towards resolution among diverse
groups in all involved communities. Recent actions have only proven to foster the divisiveness and petty bickering
among our elected officials. Should this trend continue unabated, the likely reality is that when there is a need for unity
concerning economic, legislative or other interests, there will be more bickering and fighting and nothing will be
accomplished. In the losers will be the residents of not one city but the whole of our community.
Is that what we want?
goo
(Daniel A. Baxter)
2001 Drumheller Ct
Virginia Beach VA 23464
495.7224
Founder Stumpy Lake Advisory Network
Vice Chairman Virginia Beach Clean Community Commission
Vice President Glenwood Community Association
Vice President Southeast Association Jor Virginia's Environment
Secretary Spokesman Clean The Bay Day Inc.
08/08/2O00
9099'gg/, (fO~) 9~;/,fg m.u~.t!A 'tlr°Vi1 vt. ut.l~!A 'aa.uCl UmmlS i, O g I
- 34 -
Item V- J. 4.
ORDINANCES
ITEM # 46989
Judge Thomas M. A mmons - GeneraI District Court and Bessie Bell- Community Corrections Coordinator,
responded to City Council concerns,
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinances to ACCEPT and APPROPRIATE funds from the Virginia
Department of Criminal Justice Services; and estimated revenues from
the Commonwealth be increased accordingly:
$125,000 to the FY 2000-01 Operating Budget of the Office of
Community Corrections re additional personnel, offender
treatment, and operating expenses in support of the DRUG
COURT.
$98,991 to the FY 2001 Operating Budgets of the Office of
Community Corrections and the Sheriff's Department re
expanding service capacity and increasing substance abuse
treatment
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
1 AN ORDINANCE TO ACCEPT AND
2 APPROPRIATE $125,000 FROM THE
3 VIRGINIA DEPARTMENT OF CRIMINAL
4 JUSTICE SERVICES TO THE OFFICE OF
5 COMMUNITY CORRECTIONS' FY 2000-01
6 OPERATING BUDGET FOR ADDITIONAL
7 PERSONNEL, OFFENDER TREATMENT, AND
8 OPERATING EXPENSES IN SUPPORT OF THE
9 DRUG COURT
10 WHEREAS, the City of Virginia Beach's court system has a
11 considerable caseload resulting from drug and alcohol abuse, and
12 a pilot Drug Court was established in 1997 to address this problem;
13 WHEREAS, the Virginia Department of Criminal Justice Services
14 has awarded the City a $125,000 grant for additional personnel,
15 offender treatment, and operating expenses to support the Drug
16 Court; and
17 WHEREAS, no matching City funds are required.
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20 1. That $125,000 from the Virginia Department of Criminal
21 Justice Services is hereby accepted and appropriated to the Office
22 of Community Corrections' FY 2000-01 operating budget for
23 additional personnel, offender treatment, and operating expenses
24 that will support the Drug Court.
25 2. That an additional 2.0 full-time positions are hereby
26 added to the Office of Community Corrections' FY 2000-01 operating
27 budget.
28 3.
29 in the amount of $125,000.
30 Adopted by the CO~u~C~A of the City of Virginia Beach,
31 Virginia, on the of , 2000.
CA
F:~Data~ATY~Ordin~NONCODE~drug court.ord.wpd
July 28, 2000
R-2
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Serv,ces ~' ~ttorney' s ~fice /V
Management - --
That estimated revenue from the state is hereby increased
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
3O
31
32
33
34
35
AN ORDINANCE TO ACCEPT AND
APPROPRIATE $98,991 FROM THE
DEPARTMENT OF CRIMINAL JUSTICE
SERVICES TO THE FY 2001 OPERATING
BUDGETS OF THE OFFICE OF COMMUNITY
CORRECTIONS AND THE SHERIFF'S
DEPARTMENT TO EXPAND SERVICE
CAPACITY ~D TO INCREASE SUBSTANCE
ABUSE TREATMENT
WHEREAS, the Department of Criminal Justice Services has
provided the City of Virginia Beach $98,991 in additional funding
from a Community Corrections grant to increase service capacity of
the Community Corrections and Pretrial Services programs; and
WHEREAS, the grant requires no matching City funds.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That $98,991 in additional funding is hereby
accepted from the Commonwealth of Virginia's Department of Criminal
Justice Services and appropriated for the purposes set forth below:
(a) $68,044 appropriated to the FY 2001 Operating Budget
of the Office of Community Corrections for additional personnel,
increased operating
treatment; and
(b)
expenses, and increased substance abuse
$30,947 appropriated to the FY 2001 Operating Budget
of the Sheriff's Department for increased operating expenses and
increased substance abuse treatment.
2. That an additional 2.0 full-time equivalent
caseworker positions are hereby added to the FY 2000-01 Operating
revenue from the Commonwealth is
Budget.
3. That estimated
hereby increased by $98,991.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8 day of August , 2000.
36
37
38
Requires an affirmative vote by a majority of the members
of City Council.
CA-7804
ORDIN~NONCODE~COMMUNITY CORRECTIONS.ORD
JULY 13, 2000
R-3
Approved as to Content:
Approved as to Legal
Sufficiency:
Management Serv±ces~.~~
City Attorn~'s Offi~e
- 35 -
Item V- ~.$.
ORDINANCES
ITEM it 46990
Upon moa'on by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIA TEa 838, 700 Grant from the
Southeastern Virginia Job Training Administration (SVJTA) to the FY
2001 Operating Budget of the Department ofHousing and Neighborhood
Preservation re personnel and operating costs for the CARE Youth
Leadership Camp; and, estimated revenue from the Commonwealth be
increased accordingly
11-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, l~ce
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
1
2
3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
AN ORDINANCE TO ACCEPT AND
APPROPRIATE A $38,700 GPJuNT FROM THE
SOUTHEASTERN VIRGINIA JOB TP_AINING
ADMINISTR3tTION TO THE FY 2001
OPERATING BUDGET OF THE DEPARTMENT
OF HOUSING AND NEIGHBORHOOD
PRESERVATION FOR THE PURPOSE OF
PROVIDING PERSONNEL AND OPEP~ATING
COSTS FOR THE CARE YOUTH LEADERSHIP
CAMP
WHEREAS, the City of Virginia Beach Department of Housing and
Neighborhood Preservation has sponsored the CARE Youth Leadership
Camp for children from four to twelve years old since 1993 and
receives funding directly from the Southeastern Virginia Job
Training Administration for the personnel and operating costs of
the CARE youth leadership camp.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That a grant in the amount of $ 38,700 is hereby accepted
from the Southeastern Virginia Job Training Administration and
appropriated to the FY 2001 Operating Budget of the Department of
Housing and Neighborhood Preservation for the purpose of providing
personnel and operating costs for the CARE youth leadership camp.
2. That estimated revenue from the State is hereby increased
in the amount of $ 38,700.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8 day of Auqust , 2000.
Requires an affirmative vote by a majority of the members of
City Council.
CA7797
F:~Data~ATY~Ordin~NONC0DE~cylcamp.ord.wpd
July 11, 2000
R-2
Approved as to Content:
Approved as to Legal
Sufficiency:
Management Service%~City Attorney's Office
- 36-
Item V- ~. 6.
ORDINANCES
ITEM # 46992
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AMEND the FY 2000-01 Capital Budget by the
establishment of a capital project for Long Creek Dredging; and,
TRANSFER $100, 000 to this new project from Rudee Inlet Dredging re
removal ora shoal in the Long Creek Waterway.
11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M Henley, Louis ~ Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, I3ce
Mayor William D. Sessoms, Jr. and Rosemary Wilson
CounciI Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
1
2
3
4
5
6
7
8
9
10
11
12
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AN ORDINANCE TO AMEND THE FY 2000-01
CAPITAL BUDGET BY THE ESTABLISHMENT
OF CAPITAL PROJECT #8-001, LONG CREEK
DREDGING, AND TO TRANSFER $100,000 TO
THIS NEW PROJECT FROM CAPITAL PROJECT
#8-830, RUDEE INLET DREDGING, FOR THE
PURPOSE OF REMOVING A SHOAL THAT HAS
DEVELOPED IN THE LONG CREEK
WATERWAY
WHEREAS, in the Long Creek public waterway a shoal has developed that is impeding
navigation;
WHEREAS, environmental permits were obtained in June 2000 to allow dredging that will
remove this shoal; and
WHEREAS, $100,000 is available to be transferred from Capital Project # 8-830, Rudee Inlet
Dredging, to fund this dredging.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That Capital Project #8-001, Long Creek Dredging, is hereby established in the FY 2000-
01 Capital Improvement Program.
2. That $100,000 is hereby transferred from Capital Project #8-830, Rudee Inlet Dredging,
to Capital Project #8-001, Long Creek Dredging, for the purpose of removing a shoal that is
impeding navigation.
Adopted by the Council of the City of Virginia Beach, Virginia, on the __ day of __
2000.
CA7812
F :kDatakATY~Ordin\NONCODE\Long Creek.ord.wpd
July 28, 2000
R-3
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
-37-
Item V- ~. 7.
ORDINANCES
ITEM tt 46992
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to TRANSFER $3, 755from the General Fund Reserve for
Contingencies as a charitable gift reimbursement to Disabled Veterans
of Virginia Beach, Inc., re costs for water and sewer fees associated
with its construction of a new chapter home.
! 1-0 (By ConsenO
Council Members Voting Aye :
Linwood O. Branch, IIL Margaret L. Eure, Wilham W. Harrison, Jr.,
Barbara M. Henley, Louis R. dories, Reba S. McClanan, Robert C.
Mandigo, dr., Mayor Meyera E. Oberndorf, Nancy K. Parker, [qce
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
1 Requested by Vice Mayor William D. Sessoms, Jr.
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AN ORDINANCE AUTHORIZING THE
TRANSFER OF $3,755 FROM THE GENERAL
FUND RESERVE FOR CONTINGENCIES FOR
THE PURPOSE OF REIMBURSING DISABLED
VETERANS OF VIRGINIA BEACH, INC., AS
A CHARITABLE GIFT, ITS COSTS FOR
WATER AND SEWER FEES ASSOCIATED
WITH ITS CONSTRUCTION OF A NEW
CHAPTER HOME
WHEREAS, Disabled Veterans of Virginia Beach, Inc., is a
501(c) (3)non-profit corporation whose primary purpose is to provide
support to residents of Virginia Beach who were disabled while
serving their country;
WHEREAS, Disabled Veterans of Virginia Beach, Inc., is
currently in the process of constructing a new chapter home at 4896
Kempsville Greens Parkway;
WHEREAS, to date, the cost of constructing the chapter
home has included water and sewer fees in the amount of $3,755; and
WHEREAS, the City of Virginia Beach wishes to show its
support for this project by reimbursing Disabled Veterans of
Virginia Beach, Inc., as a charitable gift, its costs for such
water and sewer fees.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby authorizes the transfer of funds
in the amount of $3,755 from the General Fund Reserve for
Contingencies for the purpose of reimbursing Disabled Veterans of
Virginia Beach, Inc., as a charitable gift, its costs for water and
sewer fees associated with its construction of a new chapter home
at 4896 Kempsvilte Greens Parkway.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8 day of August
CA-7489
ORDIN/NONCODE/DISABLED VETS W&S FEES. ORD
JULY 24, 2000
R3
APPROVED AS TO CONTENT:
Management Se~v±~e~.~ ~.
, 2000.
APPROVED AS TO LEGAL
C~'~y A~5'torney' s Office
- 38 -
Item V-J. 8.
ORDINANCES
ITEM # 46993
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to TRANSFER $46,150 from the FY2000-2001 Operating
Budget Reserve for Contingencies to the Municipal Legislative Budget
re procurement of the services of VECTRE CORPORATION; and,
authorize the City Manager to execute said contract
11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, dr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
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AN ORDINANCE TO TRANSFER $46,150
FROM THE FY 2000-2001 OPERATING
BUDGET RESERVE FOR CONTINGENCIES TO
THE CITY COUNCIL BUDGET TO PAY FOR
THE PROCUREMENT OF SERVICES TO
ASSIST IN PROMOTING THE CITY'S
LEGISLATIVE PACKAGE
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WHEREAS, in FY 1997-98, City Council directed the City
Attorney and City Manager to procure services of a lobbying firm to
assist City staff in promoting the City's legislative package;
WHEREAS, Vectre Corporation was retained, and the City's
interests were well represented in the 1998, 1999, and 2000 General
Assembly sessions;
WHEREAS, City staff recommends that the contract with the
Vectre Corporation be extended for FY 2000-2001, in an amount not
to exceed $46,150, for the provision of lobbying services
throughout the fiscal year, with an emphasis on the month preceding
the opening of the General Assembly session and the session itself;
and
WHEREAS, funding for this contract is available in the FY
2000-2001 Operating Budget Reserve for Contingencies.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That $46,150 is hereby transferred from the FY 2000-
2001 Operating Budget's General Fund Reserve for Contingencies to
City Council's FY 2000-2001 Operating Budget so that the lobbying
contract with Vectre Corporation can be extended.
2. That the City Manager is hereby authorized to execute
a contract with Vectre Corporation in the maximum amount of
$46,150, subject to review by the City Attorney, for the provision
of lobbying services on behalf of the City of Virginia Beach during
FY 2000-2001, including the 2001 Session of the General Assembly.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8 day of Augumt , 2000.
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CA7823
F:/Data~ATY~Ordin~NONCODE~vectre.ord
August 2, 2000
R3
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APPROVED AS TO CONTENT: AP P ROVE D AS T O LE GAL
SUFFICIENCY:
- 39 -
Item V-~. 9.
ORDINANCES
ITEM # 46994
Upon motion by l~ce Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to grant a one-year franchise to LOCO, L.L C. to operate an
open air cafd adjacent to Luna Sea Cantina Mexicali at 206 22nd Street
until April 30, 2001.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William gE. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
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AN ORDINANCE GRANTING A FRANCHISE TO
LOCO, L.L.C. TO OPERATE AN OPEN AIR
CAF~
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WHEREAS, the City has adopted, and incorporated into a
Franchise Agreement, regulations for the operation of open air
cafes on public property in the Resort Area;
WHEREAS, by ordinance adopted April 13, 1999, City
Council granted a franchise to Loco, L.L.C. to operate an open air
caf~ adjacent to its existing restaurant, Luna Sea Cantina
Mexicali, located at 206 22nd Street;
WHEREAS, the term of the franchise was for one year,
beginning May 1, 1999, and ending April 30, 2000;
WHEREAS, when the franchise expired, City staff
recommended that it not be renewed due to the fact that the second
floor of the caf~ does not comply with the above-referenced
regulations;
WHEREAS, the restaurant has recently undergone a change
in ownership;
WHEREAS, the new owner has agreed to bring the second
floor of the caf~ into compliance with the guidelines, but has
requested that she be allowed to wait until the end of the summer
season to do so in order to avoid the negative impact that
significant structural modifications to the caf~ will have on
operation of the caf~ and the restaurant; and
WHEREAS, based upon the owner's agreement to bring the
second floor of the caf~ into compliance with the regulations, both
City staff and the Resort Advisory Commission's Design Committee
have recommended that the franchise be renewed for a term beginning
as of the date of adoption of this ordinance, and ending April 30,
2001.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That a franchise is hereby granted to Loco, L.L.C.
("Grantee") to operate an open air caf~ adjacent to its existing
restaurant, Luna Sea Cantina Mexicali, located at 206 22nd Street,
from the date of adoption of this ordinance until April 30, 2001,
conditioned on Grantee's (a) agreement to bring the second floor of
the caf~ into compliance with the City's caf~ regulations, on or
before October 31, 2000; (b) provision of liability insurance
coverage, a security bond, and the applicable franchise fee; and
(c) compliance with all of the terms and conditions of the
Franchise Agreement; and
2. That the City Manager, or his duly authorized
designee, is hereby authorized to enter into a Franchise Agreement
with Grantee subject to the aforementioned conditions.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8tn day of August, 2000.
CA7822
F:\Data\ATY~Ordin~NONCODE[LOCO.ord
JULY 31, 2000
Ri
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
De OnVention and Visitor
velopment
2
- 40 -
Item V'-J. I ~.
ORDINANCES
ITEM # 46995
Upon motion by k~ce Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to authorize a temporary encroachment into a portion of
City owned property, known as Lake Joyce, at 4325 Blackbeard Road
to WILLIAMD. JR. and DA WNLEE BALLOUre constructing and
maintaining a pier and bulkhead
The following conditions shall be required:
The temporary encroachment will be constructed and maintained
in accordance with the laws of the Commonwealth of Virginia
and the City of Virginia Beach, and in accordance with the City's
specifications.
The temporary encroachment terminates upon notice by the City
to the Grantee, and that within thirty (30) days afier the notice is
given, it must be removed from the encroachment area by the
Grantee; and the Grantee will bear aH costs and expenses of
such removal.
The Grantee shah indemnify and hoM harmless the City, its
agent and employees, from and against all claims, damages,
losses and expenses including reasonable attorney's fees in case
it shah be necessary to file or defend an action arising out of the
location or existence of the temporary encroachment.
Nothing herein contained shall be construed to enlarge the
permission and authority to permit the maintenance of
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by
anyone other than the Grantee.
5. The Grantee agrees to maintain the temporary encroachment so
as not to become unsightly or a hazard.
The Grantee must obtain a permit from the Office of
Development Services Center/Planning Department prior to
commencing any construction within the encroachment area.
The Grantee must obtain and keep in force all-risk property
insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable.
The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000 combined single
limits of such insurance policy or policies. The Grantee will
provide endorsements providing at least thirty (30) days written
notice to the City prior to the cancellation or termination of, or
material change to, any of the insurance policies. The Grantee
assumes all responsibilities and liabilities, vested or contingent,
with relation to the temporary encroachment.
The Grantee must submit for review and approval, a survey of
the encroachment area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built"plans of
the temporary encroachment sealed by a registered professional
engineer, if required by either the City Engineer's Office or the
Engineering Division of the Public Utilities Department.
August 8, 2000
- 41 -
Item V-J. 10.
ORDINANCES
ITEM # 46995 (Continued)
The City, upon revocation of such authority and permission so
granted, may remove the temporary encroachment and charge
the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes;
may require the Grantee to remove the temporary encroachment;
and pending such removal, the City may charge the Grantee for
the use of the encroachment area, the equivalent of what wouM
be the real property tax upon the land so occupied if it were
owned by the Grantee; and if such removal shall not be made
within the time ordered herein above by this Agreement, the City
may impose a penalty in the sum of One Hundred Dollars ($100)
per day for each and every day that the temporary encroachment
is allowed to continue thereafter, and may collect such
compensation and penalties in any manner provided by law figr
the collection of local or state taxes.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT
INTO A PORTION OF CITY
PROPERTY KNOWN AS LAKE JOYCE
BY WILLIAM D. BALLOU, JR. AND
DAWN LEE BALLOU, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN
TITLE
WHEREAS, William D. Ballou, Jr. and Dawn Lee Ballou, desire to construct
and maintain a pier and bulkhead into a portion of City property known as Lake Joyce
located at 4325 Blackbeard Road, Virginia Beach, Virginia 23455 (GPIN 1479-88-1522)·
WHEREAS, City Council is authorized pursuant to §§ 15·2-2009 and 15.2-
2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the
City's easements subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE 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 § § 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended William D. Ballou, Jr. and Dawn
Lee Ballou, their heirs, assigns and successors in title are authorized to construct and
maintain a temporary encroachment for a pier and bulkhead into a portion of City property
known as Lake Joyce as shown on the plat entitled: "PROPOSED: PIER AND BULKHEAD
· IN: LAKE JOYCE · AT: 4325 BLACKBEARD ROAD VIRGINIA BEACH, VA 23455
· APPLICATION BY: WILLIAM D. BALLOU, JR. SHEET 1 OF 4 DATE: AUGUST 16,
1999", a copy of which is on file in the Department of Public Works and to which reference
is made for a more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
subject to those terms, conditions and criteria contained in the Agreement between the City
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of Virginia Beach and William D. Ballou, Jr. and Dawn Lee Ballou (the "Agreement") which
is attached hereto and incorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or his authorized
designee is hereby authorized to execute the Agreement.
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
such time as William D. Ballou, Jr. and Dawn Lee Ballou and the City Manager or his
authorized designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 8
day of August ., 2000.
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CA-
PREPARED: Jtme 13, 2000
APP~d~V~ED AS TO CONTENTS
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY ANDtF_~Ri~_
CITY ATTORNEY
2
PREPARED BY V1RG1NIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-81 l(a)(3)
AND 58.1-811 (c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this~Olot~ dayq'X of(~ ~/g/)449/'~ ,20(5'0, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and WILLIAM D. BALLOU, JR. and DAWN LEE BALLOU, husband and wife,
THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though
more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as "BLK 1, LOT C, SEC 1, BAYLAKE PINES"
and being further designated and described as 4325 Blackbeard Road, Virginia Beach,
Virginia 23455; and
That, WHEREAS, it is proposed by the Grantee to construct and maintain
a pier and bulkhead, "Temporary Encroachment", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary Encroachment,
it is necessary that the Grantee encroach into a portion of an existing City property
known as Lake Joyce "The Temporary Encroachment Area"; and the Grantee has
requested that the City permit a Temporary Encroachment within this area.
GPIN 1479-88-1522
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the
City doth grant to the Grantee permission to use The Encroachment Area for the purpose
of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will
be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as
shown on that certain plat entitled: "PROPOSED: PIER AND
BULKHEAD IN: LAKE JOYCE AT: 4325
BLACKBEARD ROAD VIRGINIA BEACH, VA 23455 ·
APPLICATION BY: WILLIAM D. BALLOU, JR. SHEET 1
OF 4 DATE: AUGUST 16, 1999," a copy of which is attached
hereto as Exhibit "A" and to which reference is made for a
more particular description.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed fromThe Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify and hold harmless the City, its agents and employees, from and against all
2
claims, damages, losses and expenses including reasonable attorney's fees in case it shall
be necessary to file or defend an action arising out of the location or existence of the
Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained
shall be construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited
extent specified herein, nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must
obtain a permit from the Office of Development Services Center/Planning Department
prior to commencing any construction within The Encroachment Area.
It is further expressly understood and agreed that the Grantee must
obtain and keep in force all-risk property insurance and general liability or such
insurance as is deemed necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable. The Grantee also agrees
to carry comprehensive general liability insurance in an amount not less than
$500,000.00, combined single limits of such insurance policy or policies. The Grantee
will provide endorsements providing at least thirty (30) days written notice to the City
prior to the cancellation or termination of, or material change to, any of the insurance
3
policies. The Grantee assumes all responsibilities and liabilities, vested or contingent,
with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of The Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, 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 City, upon revocation
of such authority and permission so granted, may remove the Temporary Encroachment
and charge the cost thereof to the Grantee, and collect the cost in any manner provided
by law for the collection of local or state taxes; may require the Grantee to remove the
Temporary Encroachment; and pending such removal, the City may charge the Grantee
for the use of The Encroachment Area, the equivalent of what would be the real property
tax upon the land so occupied if it were owned by the Grantee; and if such removal shall
not be made within the time ordered herein above by this Agreement, the City may
impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and
every day that the Temporary Encroachment is allowed to continue thereafter, and may
collect such compensation and penalties in any manner provided by law for the
collection of local or state taxes.
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IN WITNESS WHEREOF, William D. Ballou, Jr. and Dawn Lee Ballou,
the said Grantee has caused this Agreement to be executed by their signature and seal
duly affixed. 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
WILLIAM D. BALLOU, JR.//
DAWN LEE B'ALLOU
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
, 20 , by
MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER.
day of
CITY
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
,20
VIRGINIA BEACH.
day of
, by RUTH HODGES SMITH, City Clerk for the CITY OF
My Commission Expires:
Notary Public
6
STATE OF '~#~-~ ~ ~
The foregoing instrument was acknowledged before me this ~ day of
x--~.-~.t. +~. ,20~, by W~LIAM D. BALLOU, JR.
Notary Public
My Co~ssion Expires: ~b ~-c ~ ~o~/
CITY/COUNTY ~F
, to-wit:
The foregoing instrument was acknowledged before me this~,.~day of
, 20~o, by DAWN LEE BALLOU.
Notary Public
My Commission Expires: ~..~O t..~t.¢ ~.~ /
APPROVED AS TO
LEGAL SUFFICIENCY
CITY ATTORNEY
APPROVED AS TO CONTENT
CITY REAL ESTATE AGENT
7
LOCATION MAP
SCALE : 1" - 1,600'
/
//
/
L OCA TION
/
/
/
LOCATION
SHOWING
MAP
AREA OF
ENCROACHMENT REQUESTED
WILLIAM D. BALLOU, JR.
DAWN LEE BALLOU
FOR SITE AT
J/
BY
AND
LAKE JOYCE
SCALE: 1" = 100'
PREPARED BY P/W ENG. DRAFT. 30-MAY-2000
LAKE
JOYCE
PROPO,..SED
PRIVATE PIER
LOT "B"
NIP GARY LEE ROTE
1479-86-1377
N 44'2~5'00" W
69. I ~'
PIN(F)
FIN(F) PIN(F)
5 42'00'00' E
2-STY-RE5
UNDER CONSTR.
# 4325
m j
LOT IlCll
p.,- GO0.00'
BLACK BEARD
t. AT: N 36'54'24" ' (5 O' P--,,/V~)
LON: W 76007'22"
(~ 199~, WATER.FRONT CONSULTING, INC, AU. I~IGHT...5 I~_.~I~P,.VlFD.
ROAD
PUP-G='OSE: ACCE55
DATUM: NVGD MSL 0.00'
ADJACENT FP-,.OPERTY OWNER...5
I. GARY LEE ROTI"I
2. IRA H. BALL
3.
WATERFRONT
CONSULTING, INC
4(;96 HANOVER COURT
VIRGINIA BEACH, VA 234~;4
PHONF_JFAX: (757) 495-8566
MOBILE: (757) 717-2560
PROPOSED
3' W1DE PIER.
NOT TO EXCEED
G' ABOVE GRADE.
PIN(F)
LOT 6
N/I= IRA H. BALL
1479-6~-0535
PIN(F)
PLAN VIEW
SCALE I"= 30'
PROPOSED: PIER ~A//..,1 ~L~t. XHFFiC)
IN: LAKE JOYCE
AT: 4325 BLACF, J3EARD ROAD
VIRGINIA BEACH, VA 23455
APPLICATION BY:
WILLIAM D. BALLOU, JR.
SHEET I OF 4
DATE: AUGUST I G, I 999
03/30/2000 16; 16 7574~07~500 WILLIAM B~Q_LOU P~GE 01
Mntch 29, 2000
Mr. W. D. Ballou
4325 Black Beard Road
Virginia Beach, VA 23455
Dear Mr. Ballou:
I am cnciosins herewith, for your information, (or files), a copy of Ordinance 39,902,
which was adopted by the Cily Council at its meetin8 held on March 28, 2000.
Sincerely,
R. Brcckenridge Dau~rey
City Clerk
Bnclosure
03/30/2000 1S:16 7574607S5B0
WILLI~W B~LLOU
NORFOLK, VIRGINIA
ORDINANCE No. 39, z
PAGE 02
Form CCO.O0;
Contents Approved:
AN ORDINANCE A~P~OVING A WaIVE~ OF TH~ RIGHT
OF REVERT~ WITH RESPECT TO A 2!; FOOT STRIP OF
BROPE~RTY LOCATED ADJACENT TO LAKE JOYCE AT
4325 BLACK BF~%RD ROAD, VI:~GINIA BEACH,
VIRGINIA,
I ' rf Clt
WHEREAS, by ordinance No. 23,96~, ladoDted by No olk ' y
Council on June 30, 1967, effective Jul~ 21, 1967, =he. City of
Norfolk conveyed to the City cf Virginia~sach certain City owned
proper~yknown as Lake Joyce, together wi~h various strips of land
contiguous to Lake Joyce ran~ing from 2~-25 fee~ in width and a
strip of land 25 feet in width extending eastwardly from Lake
Bradford to Lake Joyce; and
WHEREAS, the aforesaid conveyance ~as made subject ~o the
Condition that the property conveyed sheS1 be used by =he City of
Virginia Beach exclusively for public o~ municipal purposes and,
except as authorized in the Ordinance, s~all not be conveyed,
or leased and shall not be permitted tp be used for any other
purpose, upon the breach of which the City, of Norfolk shall have
the right to re-enter the said propertyiand t~tie will rever~ to
the City of Norfolk; and
W/4~REA~, W. D. Ballou is =he owner o~ certain property located
at 432~ Black Beard Road, Virginia Beach, Virginia, in ulose
proximity to Lake Joyce; and
Wi~EREA~, W. ~ Ballou has rsqueste~ permission from ~he City
of Virginia Beach to construct a pr~vage pier from his property
into Lake Joyce, which pier must cross ~a portion of the 25 foot
strip contiguous to Lake Joyce; and
WHEREAS, the City of Virginia Be;ch. will no~ grant W. D.
Ballou the necessary permits for =he =onstruction of the pier
unless and until the City of NorEolk has'agreed to waive its r~ght
of reverter over the 25 foot strip contiguous to Lake Joyce with
respect to the proposed pier; and
03/30/2000 lB:lB ?§?4B0?B§00 WILLIAM B~LLOU PGE 03
WHEREAS, the City of Norfolk is agreeable to waiving its right
of reverter over the 25 fooU strip con=igu0us to Lake Jo¥ce for the
limited purpose of permitting the conetr~ction o~ the aforesaid
private pier; now, therefore, I
BE iT ORDAINED by the Council of bhe'City of Norfolk:
Section 1:- That permission is hereby ~ranted to the City of
Virginia Beach to permit w. D. Ballou, t~e owner of the property
located at 4325 Black Bear~ Road, Virginia Beach, Virginia, and hie
successors and assigns, to construct a private pier across the 25
foot strip of pro~erty located contiguous to Lake Joyce and such
use of the property shall not be deemed aibreach of any condition
set forth in Ordinance No.. 2],967 or any d%ed delivered to the City
of Virginia Beach pursuant to said Ordinance, and the City of
Norfolk hereby specifically waives its right of reverter insofar as
the construction of such private pier wou~d otherwise entitle the
City of Norfolk to re-enter the property a~d cause title thereto to
revert to the city of Norfolk. ,
Section 2=- That this ordinance sh~ll be in effect ~rom and
after its adoption. ,
Adopted by Council March
Effective March 28, 2000
TRU~ COPY
TESTE:
R. BRECK~NR~D~. DAU~T~E¥, C~TY
BY: ,
DEPUTY CITY CLERK
Item V-J. I O.
ORDINANCES
- 42 -
ITEM # 46996
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED:
REFUNDS:
License - $75,289.26
Meal Tax - $ 643.32
Tax $14,922.30
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, I3ce
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
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 certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE
YEAR PAID BASE INTEREST TOTAL
BECK ROOFING CORP 2000 05/04/00 573.93 0.00 573.93
BEDFORD NANCY Y 2000 05/10/00 30.00 0.00 30.00
COX WILLIAM 2000 05/11/00 438,50 0.00 438.50
DAN HOWARD INDUSTRIES INC 2000 05/08/00 20.52 0.00 20.52
FLOOR IT INC 2000 05/05/00 28.81 0.00 28.81
GOURMET GANG I NC THE 05/04/00 AUDIT 106.98 21.16 128.14
HIGGINS DEBORAH R 05/04/00 AUDIT 159.51 23.10 182.61
IBMS INC 2000 05/08/00 13.50 0.00 13.50
JERRY THOMAS-QUALITY BUILDER INC 2000 05/06/00 20.75 0.00 20.75
KIRSCH DANNY R 05/06/00 AUDIT 10.00 2.08 12.08
LILYS FASHIONS INC 05/02/00 AUDIT 150.51 17.15 167.66
LOUIS-JEUNE SERGE 2000 05/03100 39.17 0.00 39.17
MESSIAH & SON INC 05/03/00 AUDIT 521.84 30.28 552.12
METRO MLS INC 2000 04/12/00 1,748.13 0.00 1,748.13
MKL ENTERPRISES INC 05/02/00 AUDIT ' 371.17 77.30 448.47
SIGNAL CORPORATION 2000 05/10/00 57,186.06 0.00 57,186.06
C~mmiss'i~)ner oYthe Revenue
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
City of Virginia Beach on the
"~ty At¥6rney's Office
61,590.45 were approved by the Council of the
8th August 00
day of ,20
Ruth Hodges Smith
City Clerk
FC~RM NO. C.A 8 REV. 3~8~
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 certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE
YEAR PAID BASE INTEREST TOTAL
AMERI CASH CAR & TRK RNTL INC
AQUA INVESTMENT ASSOCIATES
BEATTY LORETTA L
BUSINESS COMMUNICATIONS OF VA
BUTLER ANN M
CACTUS CREEK INC
CARUANA CUSTOM HOMES CORPORATION
CHESAPEAKE DRYWALL & ACOUSTIC INC
CHICK FIL A INC
COSMETIC SURGERY CENTER PLLC
DESIGN FOUR INC
ENGEL H ROBERT & PEELE IRISH W
FORMIKA INC
HARYGUL IMPORTS OF MARYLAND
HBA DESIGN BUILD SERVICES INC
HMY ROOMSTORE INC
J F SCHOCH BUILDING CORP
KROGER LIMITED PARTNERSHIP INC
L & H CONTRACTING OF VIRGINIA
LIM GLORIA E & JOHN J
METRO NETWORKS COMMUNICATIONS
OLAN MILLS INC
PASTORE TAMARA G
POPE THOMAS J JR
ROBBINS ANN & RYAN PATRICIA
SALON SUPPLIERS INC
SHEEHAN MICHAEL R
SIRINE JOHN E & ASSOC LTD
SUCCESSLINE INC
SUNTRUST MORTGAGE INC
21ST CENTURY CARE SYSTEMS INC
VIRGINIA SURGICAL HAIR CENTER
06/20/00 AUDIT 1,619,53 65,72 1,685.25
06/19/00 . AU DIT 431.74 78.00 509.74
2000 05/24/00 10.83 0.00 10.83
2000 06/21/00 120.00 0.00 120.00
06/19/00 AUDIT 182.45 52.13 234.58
06/22/00 AUDIT 89.47 0.00 89.47
05/10/00 AUDIT 1,212.17 141.36 1,353.53
1997-2000 06/28/00 329.59 0.00 329.59
1999 06/13/00 17.02 0.00 17.02
06/19/00 AUDIT 1,740.00 0.00 1,740.00
06/22/00 AUDIT 10.00 2.17 12.17
06/22/00 AUDIT 462.34 130.83 593.17
06/23/00 AUDIT 1,252.32 41.58 1,293.90
06/20/00 AUDIT 4.12 19.72 23.84
06/21/00 AUDIT 161.14 74.09 235.23
1999-2000 06/26/00 36.31 0.00 36.31
06/01/00 AUDIT 2,285.23 0.00 2,285.23
2000 06/15/00 440.00 0.00 440.00
2000 06/27/00 36.51 0.00 36,51
'2000 06/28/00 40.57 0.00 40.57
2000 06/21/00 598.17 0.00 598.17
1998-2000 06/23/00 60.09 0.00 60.09
06/20/00 AUDIT 50.00 1.67 51.67
2000 06/26/00 50.00 0.00 50.00
06/26/00 AUDIT 554.71 68.62 623.33
06/16/00 AUDIT 28.78 19.49 48.27
06/22/00 AUDIT 20.00 2.50 22.50
2000 06/28/00 431.12 0.00 431.12
2000 06/27/00 37.54 0.00 37.54
2000 06/28/00 605.00 0.00 605.00
2000 06/26/00 74.18 0.00 74.18
06/23/00 AUDIT 10.00 0.00 10.00
Certified as to :
~is~i6ner-%'~ the Revenue
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
City of Virginia Beach on the
13,698.81
8th
City Attorney's Office
were approved by the Council of the
day of August. ,20 00
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING MEAL TAX 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 MEAL tax refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME MEAL TAX DATE
YEAR PAID BASE INTEREST TOTAL
HAPPY CRAB INC (THE)
PRIVATE RESORTS INC
1997 & 1998 534.40 534.40
1999 07/15/99 108.92 108.92
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
City of Virginia Beach on the
$643.32
8th
Commissioner of the Revenue
City Attorney
were approved by the Council of the
day of August ,20 00
Ruth Hedges Smith
City Clerk
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
Tax Type Ticket Exoneration Date
NAME Year of Tax Number Number Paid Penalty
Bank of America 1999
Bank of America 1999
Taylor Farms LLC 1998
Taylor Farms LLC 1998
Taylor Farms LLC 1999
Taylor Farms LLC 1999
Gateway Free Will Baptist Church 1999
Gateway Free Will Baptist Church 1999
Thomas, Robert E. & Rebecca H. 1997
Thomas, Robert E. & Rebecca H. 1997
Thomas, Robert E. & Rebecca H. 2000
Thomas, Robert E. & Rebecca H. 1998
Thomas, Robert E. & Rebecca H. 1998
Thomas, Robert E. & Rebecca H. 1999
Thomas, Robert E. & Rebecca H. 1999
Harris Teeter 2000'
Lewis, Donald S., Jr. & Elizabeth 2000
Wilson, Jean 2000
Wilson, Jean 2000
Courthouse Comm United Meth 1999
Courthouse Comm United Meth 1999
Courthouse Comm United Meth 2000
Neal, George W. 1994
Hipp, W.H. 2000
Howell, Lloyd 1995
Biscotti, Karen 1996
Graham, Norma Jo 1995
RE(I/2) 99-030053-5 11/18/98
RE(2/2) 99-030053-5 05/13/99
RE(l/2) 98-021366-7 12/05/97
RE(2/2) 98-021366-7 06/05/98
RE(l/2) 99-121338-9 02/09/99
RE(2/2) 99-121338-9 07/12/99
RE(l/2) 99-122699-0 11/18/98
RE(2/2) 99-122699-0 09/02/99
RE(I/2) 97-120750-2 EA 12/05/96
RE(2/2) 97-120750-2 EA 05/12/97
RE(l/2) 00-124141-7 EA 11/16/99
RE(I/2) 98-121381-6 EA 11/14/97
RE(2/2) 98-121381-6 EA 05/13/98
RE(l/2) 99-122676-7 EA 11/19/98
RE(2/2) 99,- 122676-7 EA 05/24/99
RE(I/2) 00-053201-6 11/17/99
RE(l/2) 00-073946-4 EA 11/12/99
RE(l/2) 00-091198-1 EA 12/01/99
RE(2/2) 00-091198-1 EA 05/31/00
RE(l/2) 99-026267-5 EA 12/04/98
RE(2/2) 99-026267-5 EA 06/01/99
RE(l/2) 00-026745-5 EA 12/05/99
Water Bill 9310582793172185005 10/13/97
Parking Ticket #C81265 05/11/00
PP(2/2) 95022703796 05/31/00 15.34
PP(1/2) 96010199997 06/14/00 28.21
PP(1/2) 95010858810 05/09/00 1.51
65.81
108.00
7.15
Int. Total
365.81
365.81
2526.51
2526.51
2831.58
2834.80
57.69
765.11
9.15
9.15
9.15
9.15
9.15
9.15
9.15
556.49
42.69
43.92
43.92
84.67
84.67
1022.19
16.82
12.00
234.55
418.34
24.17
TOTAL:
$14,922.30
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$ J. 4,9 2 2.3 0 were approved by
the Cou§c~lhOf ~1~ x,Citvogf V~r~[e?h2 0 00
on the {:lay b~f .
Ce: ififf as to paymen~
T.'Atki~son, Treasu[e'i:/~
Ap ~roved as to form:
Item V- K. 1.
ORDINANCES/RESOL UTIONS
- 43 -
ITEM # 46997
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution re issuance of the Development Authority's Industrial
Development Revenue Bonds:
Production Road Ventures, L.L.C. Not to exceed $1,500,000
Voting: 9-0 (By Consen0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis
R. `iones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E.
Oberndorf, Nancy K. Parker and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Abstaining:
William ~. Harrison, Jr. and Vice Mayor William D. Sessoms, ,Ir.
Council Members Absent:
None
Councilman Harrison ABSTAINED as the applicant is a client of his firm.
Vt'ce Mayor Sessoms ABSTAINED as the applicant is a client of his bank.
August 8, 2000
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS (PRODUCTION ROAD VENTURES,
L.L.C. PROJECT), SERIES 2000
WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has
considered the application of Production Road Ventures, L.L.C. (the "Company") for the issuance
of the Authority's variable rate demand bonds in an amount not to exceed $1,500,000 (the "Bonds")
to assist in the financing of(a) the Company's acquisition from Oceana Development a certain parcel
of land containing approximately 2.19 acres better known as Lot 60, Oceana East Industrial Park in
the City of Virginia Beach, and (b) the Company's construction and equipping of an approximately
16,000 square foot manufacturing facility to be leased to K & M Environmental, Inc. for use in its
business of .manufacturing disposable air monitors for industrial hygiene and safety (all
improvements and land being collectively referred to as the "Facility") and has held a public hearing
thereon on July 18, 2000; and
WHEREAS, the Authority has requested City Council (the "Council") of Virginia Beach,
Virginia (the "City") to approve the issuance of the Bonds to comply with Section 147(0 of the
Internal Revenue Code of 1986, as amended; and
WHEREAS, pursuant to Section 15.2-4906, Code of Virginia, 1950, as amended, a copy of
the Authority's Resolution approving the issuance of the Bonds, subject to terms to be agreed upon,
and a reasonably detailed summary of the comments expressed at the public hearing, if any, have
been filed with the Council of the City of Virginia Beach, Virginia.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the
bonds by the City of Virginia Beach Development Authority, in a principal amount not to exceed
$1,500,000 to finance the Company's acquisition from Oceana Development of a certain parcel of
land containing approximately 2.19 acres better known as Lot 60, Oceana East Industrial Park in the
City of Virginia Beach and to finance the Company's construction m~d equipping of an
approximately 16,000 square foot manufacturing facility to be leased to K & M Environmental, Inc.
for use in its business of manufacturing disposable air monitors for industrial hygiene and safety for
the benefit of Production Road Ventures, L.L.C., to the extent required by Section 147(0 of the
Internal Revenue Code. ~
2. The approval of the issuance of the Bonds, as required by Section 147(0 does not
constitute an endorsement of the bonds or the creditworthiness of the Company; but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, 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 moneys pledged therefor, and neither the faith or credit
nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto.
3. In approving the Resolution, the City of Virginia Beach, including its elected
representatives, officers, employees and agents, shall not be liable and hereby disclaims all liability
for any damages to any person, direct or consequential, resulting from the Authority's failure to issue
Bonds for the Facility for any reason.
4. This Resolution shall take effect immediately upon its adoption.
Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia
on August 8, 2000.
APPROVED AS TO
LEGAL SUFFICIEHCY
LESLIE L. LILLEY
CITY A3-CORNEY
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9004
(757) 427-4531
FAX (757) 426-5687
TDD (757) 427-4305
July 18, 2000
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re:
Approximately $1,500,000 City of Virginia Beach Development Authority Industrial
Development Revenue Bonds (Production Road Ventures, L.L. C., a Virginia limited
liability company), Series 2000 (the "Project")
Dear Mayor Oberndorf and Members of City Council:
We submit the following in connection with Project for Production Road Ventures, L.L.C.,
a Virginia limited liability company (the "Borrower") which is located at 2421 Bowland Parkway,
Virginia Beach, Virginia.
(1) Evidence of publication of the notice of hearing is attached as Exhibit A , and a
summary of the statements made at the public hearing is attached as ExhibitB. 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 tbr the City of
Virginia Beach and its recommendation that City Council approve the modification of the bonds
described above is attached as Exhibit E.
Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and Qjtality in the Public Sector.
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
July 18, 2000
Page 2
(4) The Fiscal hnpact Statement is attached as Exhibit F.
(5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying
the Project and the principals.
(6) Attached as Exhibit H is a letter from the appropriate City department commenting on
the Project.
(7) Attached as Exhibit I is the Project location map.
SWB/GLF/MHN/rab
Enclosures
Very truly yours,
EXHIBIT A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
The Virginian-Pilot
WILLCOX & SAVAGE, P.C.
SUITE 1010
ONE COLUMBUS CENTER
ATTN NORA WALSH
VA BEACH, VA 23462
REFERENCE: 10047130 Hugh Patters
6T8601400 PRODUCTION ROAD
State of Virginia
City of Norfolk
This day, D. Johnson personally appeared before me
and after being duly sworn, made oath that:
1) She is affidavit clerk of The Virginian-Pilot,
a newspaper published by Landmark Communications
Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk, and Virginia Beach, State of
Virginia. 2) That the advertisement hereto
annexed has been published in said newspaper on
the date stated.
PUBLISHED ON: 07/04 07/11
AD SPACE: 76 LINE
TOTAL COST: 471.20
O~Ym~,MNT RI~P"-- __I~T AUlY, OmW INOUSTRIAL/ I
· , .... rg nrs lirnlted
I ~a..b.~ ..c~. Deny, 2~t21 Bowlend Parkway, Virginia Beach, Vil~inia
//
! Chapter 643 of the Acts of Assernb of 1964 as amen
· "Act ..... ded (the ' '
~, up to $],500,000 of ,ts ~t~?usttial deveopment revenue
bonds to assist the Apl) cant in f~nancing the acquisition, construc:
tion and e(luipf)ing of an approximately ILO00 SClUars kx~ menu.
factut4ng fa(:ilit~ for ;ease to K & M Environmental, Inc, for use in
~veie~n~,??~ .ma.n .~. tin~ disposable air monitors for industrial
tona~d at ~ terminus o~ Production Roa'ci in th~ ~,;'~ 6[.
~ Beach Virginia more ea~cular~ ..... ,'L~;';.'~ ~_'?~.me
2~4~4 oceana East Industnat Park, ¥i~Jnia Beach, Vi~inia
The bub~ic beatify, wh ch may ~ continued o~ adjourned, Wi{~ be
held at 8:30 a.m. on Tue~lay, July 18, 2000, before the Autho~ty
s~ ~h~ Autt~mty'$ oW~:~ at One Columbus Center, Suite 300
V!~ma Boach,Vir~inia ~3462. A~ reclu red b? the Act the
~wdl no~ ptedge the fait~ and credit o~ me }axtne ~7
includi .... .~m.,V.l~ ...... .ny political subchv~s~l' thereof,
?enve~ Imm the Applicant and pledges therefor Any person I
m/.e??ed m the Issuance of the Bonds or b~ location or burm3se
.m pn::~oesed pm~ect may apoear and be heard. A cooy of the
I
pplicant's application is on file and is open for inspection at the
uthont'/s ~ at One Columbus Center Suite 300 Vl~nta
each, Vir~nia, du~tnl bu~ness hours. ' '
CITY (x~ VllGINIA llACH Di~LOf~IENT AUTN~MW I
~ July 4 and July 11, 2000 -7-"' J
FILED ON: 07/14/00
.... .........................................
Subscribed and sworn to b~efor~ mZ in..my city and state on the day and year
aforesaid this ~ day of ~-~,~l i .
Notary: ~'k3~%~ ~~ My commission expires January 31, 2004
EXHIBIT A
NOTICE OF PUBLIC HEARING ON PROPOSED CITY OF VIRGINIA
BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT
REVENUE BONDS (PRODUCTION ROAD VENTURES, L.L.C. PROJECT),
SERIES 2000
Notice is hereby given that the City of Virginia Beach Development Authority (the
"Authority") will hold a public hearing on the application of Production Road Ventures, L.L.C., a
Virginia limited liability company, 2421 Bowland Parkway, Virginia Beach, Virginia 23454 (the
"Applicant"), for the Authority to issue, pursuant to Chapter 643 of the Acts of Assembly of 1964,
as amended (the "Act"), up to $1,500,000 of its industrial development revenue bonds to assist the
Applicant in financing the acquisition, construction and equipping of an approximately 16,000
square foot manufacturing facility for lease to K & M Environmental, Inc. for use in its business of
manufacturing disposable air monitors for industrial hygiene and safety to be located on a 2.19 acre
parcel of land located at the terminus of Production Road in the City of Virginia Beach, Virginia,
more particularly known as Lot 60, Production Road, Oceana East Industrial Park, Virginia Beach,
Virginia 23454.
The public hearing, which may be continued or adjourned, will be held at 8:30 a.m. on
Tuesday, July 18, 2000, before the Authority at the Authority's office at One Columbus Center, Suite
300, Virginia Beach, Virginia 23462. As required by the Act, the Bonds will not pledge the faith
and credit or the taxing power of the Commonwealth of Virginia or any political subdivision thereof,
including the Authority, but will be payable solely from revenues derived from the Applicant and
pledges therefor. Any person interested in the issuance of the Bonds or the location or purpose of
the proposed project may appear and be heard. A copy of the Applicant's application is on file and
is open for inspection at the Authority's office at One Columbus Center, Suite 300, Virginia Beach,
Virginia, during business hours.
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
EXHIBIT B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
(Production Road Ventures, L.L.C. Project)
The Chairman of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement of a public hearing on the request of Production Road Ventures,
L.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 less than six (6) days and 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 City Council of the City of Virginia
Beach.
The following individuals appeared and addressed the Authority:
Mr. Hugh L. Patterson of the firm of Willcox & Savage, P.C., appeared on behalf of the
Borrower. Dr. Kirollos S. Kirollos and Mr. Paul G. Di Nardo appeared for the Borrower. Mr.
Patterson gave a brief description of the Project (below defined). He explained that the Borrower
has applied to the Authority for up to $1,500,000 of its industrial development revenue bonds to
assist the Borrower in financing the acquisition, construction and equipping of an approximately
16,000 square foot manufacturing facility to be leased to K & M Environmental, Inc. for use in its
business of manufacturing disposable air monitors for industrial hygiene and safety to be located on
Lot 60 at the terminus of Production Road in Oceana East Industrial Park, in the City of Virginia
Beach, Virginia.
Dr. Kirollos and Mr. Di Nardo answered various questions of the members of the Authority.
No other persons appeared to address the Authority, and the Chairman closed the public
hearing.
The Authority hereby recommends that the City Council of the City of Virginia Beach,
Virginia approve the issuance of the proposed financing and hereby transmits the Fiscal Impact
Statement to the City Council of the City of Virginia Beach and asks that this recommendation be
received at its next regular or special meeting at which this matter can be properly placed on the
Council's agenda for hearing.
B 1-34274. I
6/30/00
EXHIBIT C
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY INDICATING ITS INTENT TO ISSUE BONDS FOR
PRODUCTION ROAD VENTURES, L.L.C. TO ACQUIRE, CONSTRUCT,
AND EQUIP AN APPROXIMATELY 16,000 SQUARE FOOT
MANUFACTURING FACILITY FOR LEASE TO K & M ENVIRONMENTAL,
INC.
WHEREAS, there has been described to the City of Virginia Beach Development Authority
(the "Authority"), the plans of Production Road Ventures, L.L.C. (the "Company"), whose current
address is 2421 Bowland Parkway, Virginia Beach, Virginia 23454, acting on its own behalf, to
acquire, construct and equip an approximately 16,000 square foot manufacturing facility (the
"Project"), located at Lot 60, Production Road, Oceana East Industrial Park, in the City of Virginia
Beach, Virginia (the "City") for lease to K & M Environmental, Inc. for use in its business of
manufacturing disposable air monitors for industrial hygiene and safety; and
WHEREAS, the Company, in its application and in its appearance before the Authority, has
requested that the Authority issue its industrial development revenue bonds under the provisions of
Chapter 643 of the Acts of Assembly of 1964 and the Industrial Development and Revenue Bond Act,
Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (collectively, the "Act") in such
amounts as may be necessary to finance costs to be incurred in acquiring, constructing and equipping
the Project; and
WHEREAS, a public hearing has been held as required by Section 147(0 of the Internal
Revenue Code of 1986, as amended, and applicable provisions of the Code of Virginia of 1950, as
amended (the "Virginia Code").
NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY THAT:
1. The foregoing recitals are approved by the Authority and are incorporated in, and
deemed a part of this Resolution.
2. It is hereby found and determined by the Authority that (a) provision of financing of
the Project by the Authority will be in the public interest and will benefit the inhabitants of the City
through the promotion of their safety, health, welfare, convenience or prosperity, and (b) the
acquisition, construction and equipping of the Project for the Company in the City will further the
public purposes of the Act and provide a public benefit to the City by, among other things, promoting
industry, commerce and developing trade.
3. It is hereby found and determined that the Project will constitute an "authority facility"
within the meaning of the Act.
BI-34198.1
6/30/00 1
4. To induce the Company to acquire, construct and equip the Project, the Authority
hereby agrees to cooperate with the Company in the review and evaluation of the application to finance
the Project and, subject to the Authority's final approval of the terms and conditions of the financing
of the Project and the offering of the Bonds at a later date, to undertake the issuance of its industrial
development revenue bonds therefor in the maximum principal amount of $1,500,000 (the "Bonds")
upon the terms and conditions to be mutually agreed upon by the Authority and the Company. If
finally approved by the Authority, the Bonds will be issued pursuant to an Indenture of Trust and
certain other documents satisfactory to, and with terms to be approved by, the Authority. The Bonds
will be issued only after the Authority has received the approving opinion of Bond Counsel as to the
qualification of the Bonds under the Act and appropriate certifications and opinions as to the offering
of the Bonds and the disclosure with respect thereto.
5. It having been represented to the Authority that it is necessary to proceed with the
acquisition, construction and equipping of the Project, the Authority hereby agrees that the Company
may proceed with the plans for the Project, enter into contracts for the acquisition, construction and
equipping of the Project and take such other steps as it may deem appropriate in connection therewith,
provided that nothing herein shall be deemed to authorize the Company to obligate the Authority
without its consent in each instance to the payment of any moneys or the performance of any acts in
connection with the Project.
6. The Authority hereby agrees to the recommendation of the Company that Willcox &
Savage, P.C., Virginia Beach, Virginia, be appointed as Bond Counsel and hereby appoints such firm
to supervise the proceeds and approve the issuance of the Bonds.
7. The Authority hereby agrees, if requested, to accept the recommendation of the
Company with respect to the appointment of an agent or underwriter for the sale of Bonds pursuant
to the terms to be mutually agreed upon by the Authority and the Company.
8. All costs and expenses in connection with the financing and the acquisition,
construction, renovation and equipping of the Project, including the fees and expenses of Bond
Counsel, counsel for the Authority and the agent or underwriter for the sale of the Bonds shall be paid
from the proceeds of the Bonds (but only to the extent permitted by applicable law) or by the
Company. If for any reason such Bonds are not issued, it is understood that all such expenses shall
be paid by the Company and that the Authority shall have no responsibility therefor.
9. In adopting this Resolution, the Authority hereby declares its "official intent" to issue
the Bonds within the meaning of Treasury Regulation Section 1.150-2 and certifies that, based upon
the Company's application and other evidence available at the time of the adoption of this Resolution,
the Authority reasonably expects that it will use proceeds of the Bonds to reimburse original
expenditures for the Project withing the meaning and contemplation of Treasury Regulation Section
1.150-2 in an amount not expected to exceed $300,000.
10. The Bonds shall be limited obligations of the Authority and shall be payable solely out
of revenues, receipts and payments specifically pledged therefor. Neither the commissioners, officers,
BI-34198.1
6/30/00 2
agents or employees of the Authority, past, present and future, nor any person executing the Bonds,
shall be liable personally on the Bonds by reason of the issuance thereof. The Bonds shall not be
deemed to constitute a general obligation debt or a pledge of the faith and credit of the Commonwealth
of Virginia or any political subdivision thereof, including the City of Virginia Beach and the Authority
and neither the Commonwealth of Virginia nor any such political subdivision thereof shall be
personally liable thereon, nor in any event shall the Bonds be payable out of any funds or properties
other than the special funds and sources provided therefor. Neither the faith and credit nor the taxing
power of the Commonwealth of Virginia, or any political subdivision thereof, including the City of
Virginia Beach, shall be pledged to the payment of the principal of the Bonds or the interest thereon
or other costs incident thereto. The Bonds shall not constitute an indebtedness within the meaning of
any constitutional or statutory debt limitation or restriction.
11. The Authority shall not be liable and hereby disclaims all liability to the Company for
any damages, direct or consequential, resulting from the Authority's failure to issue Bonds for the
Project for any reason, including but not limited to, the failure of the City Council of the City of
Virginia Beach to approve the issuance of the bonds. Nothing herein shall be construed as a
commitment or obligation on the part of the Authority to adopt a final resolution or execute any
documents with respect to the Project.
12. Unless this Resolution is extended by the Authority, the Bonds authorized hereunder
shall be issued within one year from the date hereof or this Resolution shall become void and of no
further force or effect.
13. The Authority hereby recommends that the City Council of the City of Virginia Beach
approve the issuance of the Bonds and hereby directs the Chairman or Vice-Chairman of the Authority
to submit to the City Council of the City of Virginia Beach a reasonably detailed summary of the
comments, if any, expressed at the public hearing, the fiscal impact statement required by Virginia law,
and a copy of this Resolution.
14. This Resolution shall take effect immediately upon its adoption.
Adopted: July 18, 2000
BY:
CITY OF V:RG_.N:A BEACH
DEVELOPMENT AUTHORITY
BI-34198.1
6/30/00 3
EXHIBIT D
DISCLOSURE STATEMENT
Date: July 18, 2000
Applicant's Name(s): Production Road Ventures, L.L.C., a Virginia limited liability company
All Owners (if different from applicant):
Type of Application:
Rezoning: From
Conditional Use Permit:
Street Closure:
To
Subdivision Variance:
Other: Bond Issue - TEFRA Approval by City Council
The following is to be completed by or for the Applicant:
If the applicant is a CORPORATION, list all the officers of the Corporation:
N/A
If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or
partners in the organization:
Kirollos S. Kirollos, Peter A. Di Nardo, Kimberly B. Chapman, Gueorgui M. Mihaylov, Paul G. Di Nardo,
Emily E. McClaugherty, Linda Lurie
The following is to be completed by or for the Owner (if different from the applicant)
If the owner is a CORPORATION, list all the officers of the Corporation:
N/A
If the owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners
in the organization:
N/A
PRODUCTION ROAD VENTURES, L.L.C.,
a Virginia limited liability company
By: ~~
(SEAL)
BI-34199.1
6/30/00
VIRGINIA
BF CH
EXHIBIT E
Department of
Economic Developmenl
One Columbus Center, Suite 300
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website www. virginia-beach.va.us/deptIecondev
E-mail ecdev@city, virginia-beach.va.us
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $1,500,000
INDUSTRIAL DEVELOPMENT REVENUE BONDS (PRODUCTION ROAD
VENTURES, L.L.C. PROJECT) SERIES 2000
The Authority recommends approval of the captioned financing. The Production Road Ventures,
L.L.C. facility (the "Project") will promote industry, commerce and trade within the City of Virginia
Beach. The financing provided by the Authority will assist an existing manufacturing business to
move into a new manufacturing facility, increase its productivity and add to the City's economic tax
base.
EXHIBIT F
FISCAL IMPACT STATEMENT
DATE:
TO:
PROJECT NAME:
TYPE OF FACILITY:
July 18, 2000
THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
Production Road Ventures, L.L.C.
Manufacturing Facility
1. Maximum mount of financing sought
$ 1,500,000
Estimated taxable value of the facility's
real property to be constructed in the
municipality
$ 1,400,000
Estimated real property tax per year
using present tax rates
Estimated personal property tax per
year using present tax rates
$. 17,000
$ 3,000
Estimated merchant's capital (business
license) tax per year using present
tax rates
$ Exempt
Estimated dollar value per year of goods
and services that will be purchased
locally
$ 500,000
Estimated number of regular employees
on year round basis
52
8. Average annual salary per employee
$. 30,O00
The information contained in this Statement is based solely on facts and estimates
provided by the Applicant, and the Authority has made no independent investigation with respect
thereto.
City Virgi ia Beac eve op nt Authority
BY:chairman' ] {J
EXHIBIT G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BONDS
(PRODUCTION ROAD VENTURES, L.L.C. PROJECT)
SERIES 2000
1. PROJECT NAME:
2. LOCATION:
DESCRIPTION OF PROJECT:
AMOUNT OF BOND ISSUE:
PRINCIPALS:
Production Road Ventures, L.L.C. Project
Lot 60, Production Road, Oceana East Industrial Park
Virginia Beach, Virginia 23454
The acquisition construction and equipping of an
approximately 16,096 square foot manufacturing
facility to be leased to K & M Environmental, Inc. for
use in its business of manufacturing hazardous
warning devices to be located on an approximately
2.19 acre of land known as Lot 60, Production Road,
Oceana East Industrial Park located at the terminus of
Production Road in the City of Virginia Beach, in the
City of Virginia Beach, Virginia.(the "Project")
$1,500,000
Kirollos S. Kirollos, Peter A. Di Nardo, Kimberly B.
Chapman, Gueorgui M. Mihaylov, Paul G. Di Nardo,
Emily E. McClaugherty, Linda Lurie
6. ZONING CLASSIFICATION:
Present zoning classification
of the Property:
I-1
b. Is rezoning proposed?
Yes No x
Co
If so, to what zoning
classification?
The Authority .recommends approval of the captioned financing. The Project will promote industry,
commerce and trade in the City of Virginia Beach and will assist in the growth of an existing
business already located within the City.
B 1-3420 I.I
6/30/00
EXHIBIT
H
July i8, 2000
Virginia Beach
Development Authority
One Columbus Center, Suite 300
Virginia Beach, 'VA 23462
(757) 437-6464
FAX (757) 499-9894
Website www, vbgini~-beacb,va,us/depVecendev
E-,nail ecdev~city, virginia-beach.v a.us
Mr. Stephen R. Burke
Chairman
Virginia Beach Development Authority
One Columbus Center, Suite 300
Virginia Beach, VA 23462
Dear Mr. Burke:
It is the finding of the Director of Economic Developmcnt that the issuance of Revenue
Bonds for Production Road Ventures, L,L,C. will produce an economic benefit to the citizens of
our City and is appropriate and ,in keeping with the Authority's charter. Production Road
Ventures unique air sampling producl line serves the ever-growing industrial hygiene, safety
environmental market. By expanding its headqua.rters i,n Virginia Beach, Production Road
Ventures will provide increased national and international exposure through its Fortune 500
customers. The project meets the City Council's strategic agenda of provid,ing a public benefit in
tem-~s of high quality jobs in Virginia Beach.
Sincerely,
Mark R. Wawner
Project Development Manager
MRW:lls
TOTAL P,82
- 44 -
Item V- K. 2.
ORDINANCES/RESOL UTIONS
ITEM # 46998
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution re the FY 2000-2001 Performance Contract between the
~qrginia Beach Community Services Board and the Virginia Department
of Mental Health, Mental Retardation and Substance Abuse services
The City Manager is requested to submit a cover letter with the contract expressing concerns about the
state's establishment in the new contract of "bed targets"for the use of Eastern State Hospital.
11-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, Wilham W. Harrison, Jr.,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
August 8, 2000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
3O
31
32
33
A RESOLUTION APPROVING THE FY 2000-2001
PERFORMANCE CONTRACT BETWEEN THE
VIRGINIA BEACH COMMUNITY SERVICES
BOARD AND THE VIRGINIA DEPARTMENT OF
MENTAL HEALTH, MENTAL RETARDATION
AND SUBSTANCE ABUSE SERVICES
WHEREAS, the Commonwealth of Virginia makes funding available for mental health,
mental retardation and substance abuse services provided by local community services boards;
WHEREAS, pursuant to Code of Virginia § 37.1-198, this annual funding is governed by
an annual performance contract, entered into between the Virginia Department of Mental Health,
Mental Retardation and Substance Abuse Services ("DMHMRSAS") and local community services
boards;
WHEREAS, while an acceptable contract was produced through a series of meetings
between representatives of the state and localities, the contract for FY 2000-2001 now contains
targets for the use of beds in state facilities by Virginia Beach residents;
WHEREAS, in compliance with Code of Virginia §37.1-198, a proposed contract between
the Virginia Beach Community Services Board ("CSB") and DMHMRSAS has been completed,
public comment on the contract was solicited for thirty days;
WHEREAS, while stating its concerns about the unrealistically low bed targets established
for Virginia Beach residents, the CSB approved the contract at its meeting on July 27, 2000; and
WHEREAS, pursuant to Code of Virginia § 37.1-198, the City Council must also approve
the proposed performance contract.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. City Council hereby approves the proposed FY 2000-2001 performance contract between
the CSB and the DMHMRSAS.
2. While approving the above-referenced performance contract, City Council hereby
expresses its concerns about provisions in the contract that establish unrealistically low targets for
the use of beds in state facilities by Virginia Beach residents, given the need for such services and
the CSB's lack of control over such need.
3. City Council hereby authorizes and directs the CSB's Executive Director to communicate
these concerns about the proposed bed targets to DMHMRSAS and, if necessary, to appeal such
targets.
34
35
Adopted by the Council of the City of Virginia Beach, Virginia, on the __.
2000
CA7821
F :\DataXATY\Ordin2XlONCODE\performance contract.res.wpd
August 1, 2000
R5
APPROVED AS TO CONTENT:
~-n~mun~'t~er~ices Board
8 day of August,
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
Item
- 45 -
PLANNING
ITEM # 46999
1. KEITH YATE$
VARIANCE
2. ALICE O. SHURTZ
VARIANCE
3. FRANK T. WILLIAMS FARMS
VARIANCE
CONDITIONAL USE PERMIT
4. JULIE A. PHIPPS
CONDITIONAL USE PER3IIT
5. ASSET CHANNELS, INC.
CONDITIONAL USE PERMIT
6. RICHMOND 10 MHZ LLC, dba
PRIMECO PERSONAL COMMUNICATIONS
CONDITIONAL USE PERMIT
7. ALI HAMBAZ
CONDITIONAL CHANGE OF
ZONING
8. TERRYPETERSON RESIDENTIAL TEN, L.L C.
CHANGE OF ZONING
9. PAW, L.L.C., a Virginia limffed liability company
CONDITIONAL CHANGE OF
ZONING
10. CITY OF VIRGINIA BEACH
AMEND gl06 CZO re reduction of
appeal time
AMEND ~ 1610 of the Coastal Primary
Sand Dune Ordinance re definition
of a coastal sand dune
AMEND ~ 111/905 re shopping
center identification signs/
defining term "monument
sign ".
August 8, 2000
Item V-L.
- 46-
PLANNING
ITEM # 47000
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City CouncilAPPROVED in ONE
MOTIONitems 1, 2, 3 (DEFERRED), 5, 6, 8, 9, 10a/b/c (DEFERRED) of the PLANNING BY CONSENT.
Item 3 was DEFERRED, BY CONSENT, until the City Council Session of August 22, 2000.
Rem 10c. was DEFERRED INDEFINITELY, BY CONSENT.
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
Vice Mayor Sessoms ABSTAINED on Item 3 (FRANK T. WILLIAMS FARMS)
Council Lady McClanan and Council Lady Parker voted a VERBAL NAY on Item 8 (TERRY/PETER, SON).
Councilman Harrison ABSTAINED on Item 8 (TERRY PETERSON)
Mayor Oberndorf and Council Lady Henley voted a VERBAL NAY on Item 9 (PAW)
August 8, 2000
-47-
Item V-L. 1
PLANNING
ITEM # 47001
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED
SUBDIVISION OF TWO PARCELS INTO FOUR, in the application ofKEITH YEATES for a Variance
to .f 4. 4(b) of the Subdivision Ordinance which requires that all newly created lots must meet all
requirements of the City Zoning Ordinance (CZO); and, Section 4. 4(d) which requires that all lots created
by subdivision have direct access to a public street.
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Keith Yeates.
Property is located at 3077 Yeates Lane (GPIN #1498-15-8061; #1498-
14-9616). LYNNHAVEN- DISTRICT 5.
Voting:
i 1-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
- 48 -
Item V-L.Z
PLANNING
ITEM # 47002
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED
SINGLE FAMILY WITH FLA G LOT, in the application of ALICE O. SHURTZ for a Variance to 3~ 4. 4(b)
of the Subdivision Ordinance which requires that all newly created lots meet all requirements of the City
Zoning Ordinance (CZO)
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Alice O. Shurtz.
Property is located on the west side of Princess Anne Road, 1367feet
north of Pleasant Ridge Road (GPIN #2402-73-7086).
Voting:
! 1-0 (By ConsenO
Council Members Vot~'ng Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
- 49 -
Item V-L.$.
PLANNING
ITEM # 47003
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED to the
City Council Session of August 22, 2000, applications of FRANK T. WILLIAMS FARMS for property
on the east side of Princess Anne Road, south of Old Pungo Ferry Road: Variance to reduce minimum
pavement width for the interior roads of the development from the required 30 feet to 24 feet; and
Conditional Use Permit for an Alternative Rural Residential Development:
AND,
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance and City Zoning Ordinance,
Subdivision for Frank T. Williams Farms. Property is located on the east
side of Princess Anne Road, 300feet more or less south of Old Pungo
Ferry Road (GPIN #2309-73-5629; #2309-93-1026; #2309-93-7637;
#2319-22-3454;//2319-04-2543; #2309-85-9370; #2309-95-5853; #2319-
16-9062; Part of # 2319-17-9210). PRINCESS ANNE - DISTRICT Z
ORDINANCE UPONAPPLICA TION OF FRANK T. WILLIAMS FARMS
FOR A CONDITIONAL USE PERMTT FOR AN ALTERNATIVE
RESIDENTIAL DEVELOPMENT
Ordinance upon application of Frank T. Wilhams Farms for a
Conditional Use Permit for an Alternative Residential Development on
certain property located on the east side of Princess Anne Road
beginning at a point 300 feet more or less south of Old Pungo Ferry
Road (GPIN #2309-73-5629; #2309-93-1026; #2309-93-7637; #2319-
22-3454;#2319-04-2543; #2309-85-9370; #2309-95-5853; #2319-16-
9062; Part of#2319-17-9210). Said parcel contains 455 acres more or
less. PRINCESS ANNE - DISTRICT 7
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. clones, Reba S. McClanan, Robert C.
Mahdi#o, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
None
Vice Mayor Sessoms ABSTAINED as the applicant was a client of his bank.
August 8, 2000
- 50 -
Item I/-L. 4.
PLANNING
ITEM # 47004
The following registered in SUPPORT:
Juli A. Phipps, 4204 Ewell Road, Phone: 363-0992, the applicant
Tim Phipps, 4204 Ewell Road, Phone: 440-0817, the applicant
The following registered in OPPOSITION:
Albert D. Petrulis, 1.501 StanfieM Road, Phone: 464-1971 represented Thoroughgood residents and
presented a petition in OPPOSITION. Said petition is hereby made a part of the record.
Upon motion by Councilman clones, seconded by Councilman Harrison, City Council DENIED the
Ordinance upon Application of JULIEA. PHIPPS for a Conditional Use Permit for an outdoor recreational
facility (skate ramp):
ORDINANCE UPON APPLICATION OF JULIE A. PHIPPS FOR A
CONDITIONAL USE PERMIT FOR AN OUTDOOR RECREATIONAL
FA CILITY (skate ramp)
Ordinance upon application of Julie A. Phipps for a Conditional Use
Permit for an outdoor recreational facility (skate ramp) on lot 63,
Section 1, Thoroughgood (GPIN #1479-81-2081). Saidparcel is located
at 4204 Ewell Road and contains 1 acre more or less. BAYSIDE -
DISTRICT 4.
Voting: 9-2
Council Members Voting Aye:
Linwood O. Branch, IlL Margaret L. Eure, William l,K. Harrison, Jr.,
Barbara Aa(. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera
E. Oberndorf Nancy K. Parker and Rosemary Wilson
Council Members Voting Nay:
Robert C. Mandigo, Jr. and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
None
August 8, 2000
Item V-L. 5.
PLANNING
- 51 -
ITEM # 47005
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of ASSET CHANNELS INC., for a Conditional Use Permit:
ORDINANCE UPONAPPLICATION OFASSET CHANNELS, INC. FOR
A CONDITIONAL USE PERMIT FOR A FIBER-OPTICS
TRANSMISSION FA CILITY R0800 3061
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Asset Channels, Inc., for a Conditional
Use Permit for a Fiber-Optics Transmission Facility on certain property
located at the northern extremity of Distribution Drive, containing 5.895
acres. DISTRICT 6- BEACH.
The following conditions shah be required:
No land disturbance shall be allowed within the Resource
Protection Area other than what was authorized by the
Chesapeake Bay Preservation Area Board on April 26, 1999.
The authorized land disturbance includes the construction of the
building, the driveway and the parking lot within the landward
fifty (50)feet of the Resource Protection Area only.
All stormwater from this property shall be directed into the
existing regional stormwater management facility located east of
Distribution Drive.
3
A H undeveloped land within the Resource Pprotection Area shall
remain in a natural state and shah be noted in bom on the site
plan.
This Ordinance shah 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 Eighth of August, Two Thousand
11-0 (By Consen0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis 1~ Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, l~ce
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
Item V-L. 6.
- 52 -
PLANNING
ITEM # 47006
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City C. ouncil ADOPTED an
Ordinance upon application of RICHMOND 10 MHz, LLC d/b/a PRIMECO PERSONAL
COMMUNICATIONS for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF RICHMOND 10 MHZ, LLC
d/b/a PRIMECO PERSONAL C OMMUNICA TIONS TO WERR0800 3062
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Richmond 10 MHZ, LLC d/b/a PrimeCo
Personal Communications for a Conditional Use Permit for a
communications tower on certain property located at the northwest
corner of Dam Neck Road and Harpers Road (GPIN #2405-05-2030).
Said parcel contains 9.876 acres. BEACH - DISTRICT 6.
The following conditions shall be required:
6.
The project must be developed as indicated on the submitted site
plan prepared for PrimeCo Personal Communications, by Miller
Stephenson &Associates, dated 5-11-00 and revised on 5-24-00.
Limited revisions to the plan shall be required to ensure that
landscaping provisions required in Section 232 of the City
Zoning Ordinance are met and the buffering conditions
previously adopted by City Council remain in force.
In the event that the tower is not used for a period of one year, it
must be removed at the tower owner's expense.
The applicant is required to install a tower which is structurally
capable of providing space for at least two additional wireless
users. Ports on the tower base will be located to provide
appropriate access for multiple use.
The overall height of the proposed tower and antennas shall not
exceed 135feet. Except for access areas shown on the site plan,
the property owner shall maintain the tree preservation areas as
measured from the limits of the pad area around the base of the
tower: 50feet to the east (of the existing tower compound); and,
25 feet to the west of the tower pad. The buffer shall be
measured from the limits of disturbance associated with the
construction of the tower and support facilities, so that none of
the existing trees within the buffer shall be damaged or removed.
The access areas shown on the site plan shall be shared by each
of the wireless providers located on the two towers planned for
the site. No additional access shall be permitted. The roadway
must be improved as a gravel access and must be maintained by
the property owner or his designee.
This Ordinance shall be effective in accordance with Section 107 60 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of August, Two Thousand
August 8, 2000
Item V-L. 6.
- 53 -
PLANNING
ITEM # 47006 (Continued)
11-0 (By Consen0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members VotYng Nay:
None
Council Members Absent:
None
August 8, 2000
- 54 -
Item V-L. 7.
PLANNING
ITEM # 47007
Attorney iL Edward Bourdon, Phone: 499-8971, represented the applicant
The following registered in OPPOSITION:
Marilyn Summerford, 5808 Woodstock Point, Phone: 4264-6411
Dorothy Wells, 524 White Oak Drive, Phone: 497-2416
Kristy Svedbergfi 5160 Princess Anne Road, Phone: 497-8287
A MOTION was made by Councilman Mandigo, seconded by Council Lady McClanan to DENY
Ordinances upon application of ALI HAMBAZ for a Conditional Change of Zoning and Conditional Use
Permit on property at the northeast corner of Princess Anne Road and Baxter Road (DISTRICT 2 -
KEMPSVILLE)..
Voting:
5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Barbara M Henley, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.
Louis R. Jones, Vt'ce Mayor William D. Sessoms, Jr. and Rosemary
Wilson
Council Members Absent:
None
Council Members Absent:
None
August 8, 2000
Item V-L. Z
- 55 -
PLANNING
ITEM # 47007 (Continued)
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED
Ordinances upon application of ALI HAMBAZ for a Conditional Change of Zoning and Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF ALI HAMBAZ FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D TO
CONDITIONAL B-2 Z08001177
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
Ordinance upon application of Ali Hambaz for a Change of Zoning
District Classification from RO-5D Residential District to Conditional
B-2 Community Business District on certain property located at the
northeast corner of Princess Anne Road and Baxter Road (GPIN # 1476-
07-5853; #1476-07-3730; #1476-07-3692). The proposed zoning
classification change to Conditional B-2 is for commercial land use. The
Comprehensive Plan recommends use of this parcel for suburban
residential/medium and high densities that are compatible with single
family use in accordance with other plan policies. Said parcel contains
2.13 acres.
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the
Clerk of Circuit Court.
VIRGINIA
ORDINANCE UPON APPLICATION OF AL1 HAMBAZ FOR A
CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE
STATION AND CAR WASH R08003063
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Ali Hambaz for a Conditional use Permit
for an automobile service station and a car wash on certain property
located at the northeast corenr of Princess Anne Road and Baxter Road
(GPIN #1476-07-5853; #1476-07-3730; #1476-07-3692). Said parcel
contains 1.15 acres .KEMPSVILLE - DISTRICT 2.
The following conditions shall be required:
The gas station property shall be developed as depicted on the
plan entitled "Preliminary Site Plan of Convenience Store with
Gas Pumps, Car Wash and Office/Retail Outparcel" prepared by
Engineering Services, Inc., dated June 27, 2000.
Landscaping shall be installed and maintained as depicted on the
landscape plan entitled, "Preliminary Landscape Plan for
Convenience Store with Gas Pumps and Car Wash and
Office/Retail Outparcel", prepared by Kathleen Zeren-Brown,
dated June 27, 2000.
The architectural design for the convenience store, car wash, and
canopy shall be as depicted on the elevations entitled, "Sketch
and Elevations for Convenience Store with Gas Pumps and
Office/Retail Outparcel", prepared by Porterfield Design Center,
dated dune 27, 2000.
The freestanding sign shall be a brick based monument style sign
no greater than eight feet (8') in height as depicted on the
elevation.
August 8, 2000
Item V-L. Z
- 56-
PLANNING
ITEM # 47007 (Continued)
6.
7.
The primary building materials used to construct visible exterior
surfaces (excluding the rooJ) of the convenience store, car wash
and canopy support columns shall be red brick and an earth tone
brick.
The four corners of the structure for the dumpster screen shall be
brick columns in the same style and materials as those used for
the canopy and convenience store.
All outdoor lighting shall be shielded, deflected, shaded and
focused to direct light down onto the premises and away from
adjoining property.
The car wash facility shall be closed between the hours of l O:O0
p.m. and 7.'00 a.m.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of ~qrginia Beach, Virginia, on the Eighth of August, Two Thousand
Voting: 6-5
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr.
Louis R. Jones, [qce Mayor William D. Sessoms, Jr. and Rosemary
Wilson
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, Robert C. Mandigo, dr., Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
August 8, 2000
=.E PARED BY:
.~ARNE$, 8OURDON
AHERN. RC.
JRNEYS AT LAW
ALI HAMBAZ
BERTHA KNIGHT, widow
MARINDA K. LONG, widow
LOUIS LEON KNIGHT and JAGRANI KNIGHT, husband and wife
TO {PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 14th day of April, 2000, by and between ALI
HAMBAZ, GRANTOR, party of the fn-st part; BERTHA KNIGHT, GRANTOR, party of
the second part; MARINDA K. LONG, GRANTOR, party of the third part; LOUIS
LEON KNIGHT and JAGRANI KNIGHT, husband and wife, GRANTOR, party of the
fourth part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, GRANTEE, party of the frith part..
WITNESSETH:
WHEREAS, the party of the second part is the owner of a certain parcel of
property located in the Kempsville District of the City of Virginia Beach, containing
approximately 1.21 acres designated as Parcel One in Exhibit 'A' attached hereto
and incorporated herein by this reference. Parcel One along with the other parcels
described herein and in Exhibit "A" are hereinafter collectively referred to as the
"Property"; and
WHEREAS, the party of the third part is the owner of a certain parcel of
property located in the Kempsville District of the City of Virginia Beach, containing
approximately .499 acres and designated as Parcel Two in Exhibit "A' attached
hereto and incorporated herein by this reference. Parcel Two along with the other
parcels described herein and in Exhibit 'A' are hereinafter collectively referred to as
the "Property"; and
WHEREAS, the party of the fourth part is the owner of a certain parcel of
property located in the Kempsville Distr/~t of the City of Virginia Beach, containing
approximately .48 acres designated as Parcel Three in Exhibit 'A' attached hereto
and incorporated herein by this reference. Parcel Three along with the other parcels
PREPARED BY:
:S. CA/~F~. BOURDON
& AHERN. P.C.
~'ll~qNEY$ AT LAW
described herein and in Exhibit "A' are hereinafter collectively referred to as the
'Property'; and
WHEREAS, the party of the first part, being the contract purchaser of the
Property containing approximately :2.19 acres, has initiated a conditional
amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition
addressed to the GRANTEE so as to change the Zoning Classification of the Property
from R-5D Residential District to B-2 Community Business District; and
WHEREAS, the GRANTEE~ 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 development of various types of uses conflict, and that in order to
permit differing types of uses on and in the area of the Property and at the same
time to recognize the effects of change that will be created by the GRANTORS'
proposed rezoning, certain reasonable conditions governing the use of the Property
for the protection of the community that are not generally applicable to land
similarly .zoned are needed to resolve the situation to which the GRANTORS'
rezoning application gives rise; and
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 thc Zoning Map with respect to the Property, thc 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, 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 quid pro ,,quo for zoning,
rezoning, site plan, building permit, or subdivision approval, hereby makes the
qEPARED BY:
ALINES. BOURDOH
.tJ'IERN. PC.
RNEYS AT LAW
following declaration of conditions and restrictions which shall restrict and govem
the physical development, operation, and use of the Property and hereby covenants
and agrees that this declaration shall constitute covenants running with the
Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through the GRANTORS, their successors, personal
representatives, assigns, Grantees, and other successors in interest or title:
1. When the Property is developed, it shall be developed substantially as
shown on the exhibit entitled "ILLUSTRATIVE SITE PLAN FOR CONVENIENCE
STORE WITH GAS PUMPS AND CARWASH AND OFFICE RETAIL OUTPARCEL,
Princess Anne and Baxter Road", prepared by Engineering Services, Inc., dated
June 27, 2000, which has been exhibited to the Virginia Beach City Council and is
on file with the Virginia Beach Department of Planning (hereinafter "Site Plan').
2. The exterior of the convenience store, canopy for the gasoline pumps,
and the car wash depicted on the Site Plan shall be substantially similar in
appearance to the elevations shown on the exhibit entitled "SKETCH AND
ELEVATIONS FOR CONVENIENCE STORE WITH GAS PUMPS AND CAR WASH
AND OFFICE/RETAIL OUTPARCEL", prepared by Porterfield Design Center, dated
June 27, 2000, which has been exhibited to the Virginia Beach City Council and is
on i'de with the Virginia Beach Department of Planning (hereinafter "Elevation").
3. The landscaping depicted on the Site Plan shall be consistent With the
detailed "PRELIMINARY LANDSCAPE PLAN FOR CONVENIENCE STORE WITH GAS
PUMPS AND CAR WASH AND OFFICE/RETAIL OUTPARCEL", prepared by Kathleen
Zeren-Brown, dated June 27, 2000, which has been exhibited to the Virginia Beach
City Council and is on i-de with the Virginia Beach Department of Planning
(hereinafter =Landscape Plan').
4. The freestanding signs shall be brick based monument style signs no
greater than eight feet (8~ in height as depicted on the Elevation.
$. The building designated on the Site Plan as "Proposed Future
Office/Retail 4800 SF" shall have an architectural design substantially similar to
PREPARF. D BY:
& AHERN, P.C.
n'11DRNEYS AT LAW
that of the convenience store depicted on the Elevation and shall utili~.e the same
type and quality building materials specified in proffer number 6 below.
6. The primary building materials used to construct visible exterior
surfaces (excluding the roof) of the convenience store, car wash and canopy support
columns shall be red brick and an earth tone brick.
7. All outdoor lighting shall be shielded, deflected, shaded and focused to
direct light down onto the premises and away from adjoining property.
8. Category IV Landscaping, as described in the Landscaping, Screening
and Buffering Specifications and Standards of the City of Virginia Beach, will be
provided adjacent to the northern and eastern boundaries of the Property.
9. The uses which will not be permitted in the building designated
"Proposed Future Office/Retail" are:
a) automobile service stations;
b) bulk storage yards and building contractors yards;
c) flea markets;
d) heliports and helistops;
e) mobile home sales;
f) storage garages;
g) auto repair garages;
h) auto repair establishments;
i) boat sales;
j) borrow pits;
k) car wash facilities;
1) eating and drinking establishm_ents with drive-through windows;
m) mini-warehouses;
n) motor vehicle sales and rental.
10. The uses which will not be permitted in place of gasoline sales in
conjunction with a convenience store and a car wash are:
a) bulk storage yards and building contractors yards;
b) flea markets;
c) heliports and helistops; .
d) mobile home sales;
e) storage garages;
f) auto repair garages;
g) auto repair establishments;
h) boat sales;
i) borrow pits;
'REPARED BY:
t, RNES. BEXJRDON
· IERN. RC.
INEYS AT LAW
j) mini-warehouses;
k) motor vehicle sales and rental.
11. Further conditions may be required by the GRANTEE during detailed
Site Plan review and administration of applicable City codes by all cognizant City
agencies and departments to meet all applicable City code requirements.
All references hereinabove to B-2 District and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach,. Virginia, in force as of the date
of approval of this Agreement by City Council, which are by this reference
incorporated herein.
The above conditions, having been proffered by the GRANTORS and allowed
and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance,
shall continue in full force and effect until a subsequent amendment changes the
zoning of the Property and specifically repeals such conditions. Such conditions
shall continue despite a subsequent amendment to the Zoning Ordinance even if
the subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the GRANTEE in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by
the governing body of the GRANTEE, after a public hearing before the GRANTEE
which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of
Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent, and if not so recorded,
said instrument shall be void. '
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 fa/lure to meet ail 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 t. he zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning Department,
and they shall be recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and indexed in the names of the GRANTORS and the
GRANTEE.
PREPARED BY:
5. C,U:U~ES. 8OUROON
& AHERN. RC.
TORNEY$ AT LAW
6
.- r~EPARED BY:
~, CARNES, BOURDON
& AHERN, P.C.
;RNEYS AT LAW
WITNESS the following signature and seal:
GRANTOR:
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me this
2000, by Ali Hambaz, Grantor.
day of April,
My Commission Expires:
Notary Public
PREPARED BY:
(KES. CAI::INES, BOURDON
& AHERN.
ATTORNEYS AT LAW
WITNESS the following signat~ares and s~als:
GRANTOR :
Bertha Knight
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me this., l~'th day of Apl
2000, by Bertha Knight, Grantor .
My Commission Expires:
Notary Public
'REPARED BY:
.~ARNES. BOURDON
AHERN. RC.
,~. ,ORNEYS AT LAW
WITNESS the following signature and seal:
GRANTOR:
Marinda K.
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me this
2000, by Marinda K. Long, Grantor.
My Commission Expires: I ~- 1%1/Zoo2..
day of April,
Notary Public
9
WITNESS the following signatures and seals:
GRANTORS:
Louis Leon K~ight
Jagrani Knight
(SEAL)
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me 'this ~_~ day of Apr
2000, by Louis Leon Knight and Jagrani Knight, husband and wife, Grantors.
My Commission Expires:
YZ I 31
Notary Public
PREPARED BY:
(ES. CARNES. I~JRDON
& AHERN. P.C.
ATTORNEYS AT LAW
10
REPARED BY:
.~ARNES. BOURDON
AHERN. RC.
~I-rORNEYS AT LAW
EXHIBIT
PARCEL ONE:
All that certain piece or parcel of land lying, situate and being in the Kempsville
Borough of the City of Virginia Beach, being designated as Parcel "C' on that plat
entitled ~PROPERTY OF RUFUS KNIGHT LOCATED NEAR KEMPSVILLE' dated
April 25, 1963, prepared by W. B. Gallup - Surveyor, which plat is recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, in Deed Book 790, at
Page 200.
Less and except that portion of the property conveYed to the City of Virginia Beach
by Deed dated July 12, 1976, recorded in the afore referenced Clerk's Office in Deed
Book 1585 at Page 507; and
Less and except that portion of the property conveyed to the City of Virginia Beach
by Deed dated May 24, 1988, recorded in the afore referenced Clerk's Office in Deed
Book 2740, at Page 1850.
GPIN: 1476-07-5853
PARCEL TWO:
All that certain piece or parcel of land lying, situate and being in the Kempsville
Borough of the City of Virginia Beach, being designated as Parcel "A' on that plat
entitled ~PROPERTY OF RUFUS KNIGHT LOCATED NEAR KEMPSVILLE' dated
April 25, 1963, prepared by W. B. Gallup - Surveyor, which plat is recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, in Deed Book 790, at
Page 200.
Less and except that portion of the property conveyed to the City of Virginia Beach
by Deed dated January 23, 1969 recorded in the afore referenced Clerk's Office in
Deed Book 1095, at Page 47; and
Less and except that portion of the property conveyed to the City of Virginia Beach
by Deed dated July 14, 1988 recorded in the afore referenced Clerk's Office in Deed
Book 2790, at Page 853.
GPIN: 1476-07-3730
II
PARCEL THREE
All that certain piece or parcel of land lying, situate and being in the Kemps~
Borough of the City of Virginia Beach, being designated as Parcel "B' on that X
entitled "PROPERTY OF RUFUS KNIGHT LOCATED NEAR KEMPSViLLE. da
April 25, 1963, prepared by W. B. Gallup - Surveyor, which plat is recorded in 1
Clerk's Office of the Circuit Court of the City of Virginia Beach, in Deed Book 790,
Page 200.
Less and except that portion of the property conveyed to the City of Virginia Bea
by Deed dated February 13, 1969 recorded in the afore referenced Clerk's Office
Deed Book 1098, at Page 53; and
Less and except that portion of the property conveyed to the City of Virginia Bea,
by Deed dated July 12, 1976 recorded in the afore referenced Clerk's Office in De~
Book 1585, at Page 505; and
Less and except that portion of the property conveyed to the 'City of Virg/nia Bea¢
by Deed dated May 3, 1988 recorded in the afore referenced Clerk's Office in Dee
Book 2749, at Page 552.
GPIN: 1476-07-3692
CONDREZN/HAMBAZ/PROFFER
PREPARED BY:
~ES, CAFINE$. BOURDOfl
& AHERN, P.C.
ATTORNEYS AT LAW
12
Item V-L 8.
-57-
PLANNING
ITEM # 47008
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, subject
to land useprovisions, Ordinance upon application of TERRY/PETERSONRE$IDENTIAL TEN, L.L.C.,
for a Change of Zoning District Classification:,
ORDINANCE UPON APPLICATION OF TERRY/PETERSON
RESIDENTIAL TEN, L.L.C. FOR A CHANGE OF ZONING FROM R-
7. 5 TO A-12 WITH A PD-H2 PLANNED DEVELOPMENT DISTRICT
0 VERLA Y Z08001178
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
Ordinance upon application of Terry/Peterson Residential Ten, L.L. C.
for a Change of Zoning District Classification from R-7. 5 Residential
District to A-12 Apartment District with a PD-H2 Planned Development
District Overlay on certain property located on the south side of lndian
River Road, 613 feet more or less west of Sandpebble Drive (GPIN
#1465-47-0009;#1465-47-2981). The proposed zoning classification
change to A-12 with a PD-H2 Planned Development District Overlay is
for multi-family land use at a density no greater than 12 dwelling units
per acre. The Comprehensive Plan recommends use of this parcel for
suburban residential~low densities that are compatible with single family
use in accordance with other Plan policies. Said parcel contains 14. 77
acres. CENTERVILLE- DISTRICT 1.
VIRGINIA
Voting: 8-2 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis
R. Jones,, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, I~ce
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
Reba $. McClanan and Nancy K. Parker
Council Members Abstaining:
William W Harrison, dr.
Council Members Absent:
None
Councilman Harrison ABSTAINED as his law firm represents the applicant.
August 8, 2000
Item V-L. 9.
- 58 -
PLANNING
ITEM # 47009
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED,
Ordinance upon application of PAW, LLC., a Virginia Limited Liability Company for a Conditional
Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF PAW, L.L. C., A VIRGINIA
LIMITED LIABILITY COMPANE FORA CHANGE OF ZONING [,ROM
AG-1 TO CONDITIONAL R-10 Z080011799
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
Ordinance upon application of PA W, L.L. C., A Virginia Limited Liability
company for a Change of Zoning District Classification from A GT-1
Agricultural District to Conditional -10 Residential District on certain
property located 1420feet more or less north of Princess Anne Road
beginning at a point 700feet more or less west ofSeaboard Road (GPIN
#2404-45-8213). The proposed zoning classification change to
Conditional R-lO is for single family residential land use on lots no less
than 10, 0000 square feet. The Comprehensive plan recommends use of
this parcel for residential uses at or below 3. 5 dwelling units per acre at
densities that are compatible with single family use in accordance with
other plan policies. Said parcel contains20, 000 square feet. PRINCESS
ANNE- DISTRICT 7.
The following condition shall be required:
Agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court and is hereby made a part of the
proceedings.
VIRGINIA
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 Eighth of August, Two Thousand
11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, ,Ir., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
NO, P.S. iB
City of Virginia Beach
INTER-OFFICE CORRESPOk~)E~C,E
In Reply Refer To Our File No. DF-5204
DATE: July 25, 2000
TO:
FROM:
Leslie L. Lilley
William M. Macali ~
Conditional Zoning Application
PAW, L.L.C.
DEPT: City Attorney
DEPT: City Attorney
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on August 8, 2000. I have reviewed the subject proffer agreement, dated April
14, 2000, 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
tEPNqED BY:
ARNE$. BOURDON
tU'IERN, RC.
RNEYS AT LAW
PAW, L.L.C., a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth
Virginia
THIS AGREEMENT, made this 14m day of April, 2000, by and between PAW,
L.L.C., a Virginia limited liability company, 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.
WlTNESSETH:
WHEREAS, the party of the first part is the owner of a certain parcel of
property located in the Princess Anne District of the City of Virginia Beach,
containing approximately 20,000 Square Feet and described in Exhibit "A" attached
hereto and incorporated herein by this reference, said property 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 AG-1 to
R- 10 Residential District; and
WHEREAS, the Property was depicted in the Exhibit entitled "PRINCESS
ANNE WOODS" for "BECO CONSTRUCTION, INC., revised July 15, 1999" which
was proffered to and approved by the Virginia Beach City Council (Proffer No. 1) on
August 10, 1999; and
WHEREAS, the description of the Property, which was intended to be a part
of the Conditional Rezoning approved by GRANTEE on August 10, 1999 was
inadvertently omitted from the Proffered Covenants, Restrictions and Conditions
recorded in the Clerk's Office of the Cii'cuit Court of the City of Virginia Beach,
Virginia, in Deed Book 4127, at Pages 1294 to 1311; 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
PFIEI~RF.~ BY:
-"$, CARNES, 8OUROON
& AHERN. RC.
~rORNEY$ AT LAW
WHEREAS, the GRANTOR acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit diffe~g uses on and in the
area of the Property and at the same time to recognize the effects of change, and the
need for various types of uses, certain reasonable conditions governing the use of
the Property for the protection of the community that are not generally applicable to
land similarly zoned are needed to cope with the situation to which the GRANTOR'S
rezoning application gives rise; and
WHEREAS, the GRANTOR has voluntarily proffered, in writing, in advance of
and prior to the public hearing before the GRANTEE, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the R-10
Zoning District and the Open Space Promotion option by the existing overall Zoning
Ordinance, the following reasonable conditions related to the _physical development,
operation, and use of the Property to be adopted as a part of said amendment to the
Zoning Map relative and applicable to the Property, which has a reasonable relation
to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the GRANTOR, for 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 quid pro ..quo for zoning.
rezoning, site plan, building permit, or subdivision approval, hereby makes the
following declaration of conditions and restrictions which shall restrict and govern
the physical development, operation, and use of the Property and hereby covenant
and agree that this declaration shall constitute covenants running with the
Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through the GRANTOR, their successors, personal
representatives, assigns, grantee, and other successors in interest or title and which
will not be required of the GRANTOR until the Property is developed:
1. When the Property is developed, it shall be developed as a part of a
single family residential community of no more than one hundred twenty-eight (19.8)
building lots substantially in conformance with the Exhibit entitled "PRINCESS
ANNE WOODS~ for "BECO CONSTRUCTION, INC." revised July 15, 1999", prepared
by URS Greiner Woodward Clyde, which has been exhibited to the Virginia Beach
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EPARED BY:
~RNES. BOURDON
d"IERN. RC.
:INEYS AT LAW
City Council and is on f'fie with the Virginia Beach Department of Planning
("Subdivision Plan").
2. The Property and its development shall be expressly subject to the nine
(9) previously proffered "Covenants, Restrictions and Conditions" as recorded in the
Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed
Book 4127, at Pages 1294 to 1311 which are hereby adopted, ratified and
conf'hmed by the GRANTOR.
3. Further conditions may be required by the GRANTEE during detailed
Subdivision Plan review and administration of applicable City Codes by all
cognizant City agencies and departments to meet all applicable City Code
requirements.
The above conditions, having been proffered by the GRANTOR and allowed
and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance,
shall continue in full force and effect until a subsequent amendment changes the ~
zoning of the Property and specifically repeals such conditions. Such conditions
shall continue despite a subsequent amendment to the Zoning Ordinance even if
the subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
executed by the record owner of the Property at the time of recordation of such
instrument, provided that said 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 1S.2-2204 of the Code
of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent, and if not so recorded,
said instrument shall be void. '
The GRANTOR covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the governing body of the City of
Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
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PREPARED BY:
~. CARNES, BOURDON
& AHERN. RC.
'TORNEYS AT LAW
restrictions, including the authority (a) to order, in writing, that any noncompliance
with such conditions be remedied; and (b) to bring legal action or suit to insure
compliance with such conditions, including mandatory or prohibitory injunction,
abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute
cause to deny the issuance of any of the required building or occupancy permits as
may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the GRANTOR shall petition the governing body for
the review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the PropertY., and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning Department,
and they shall be recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and indexed in the names of the GRANTOR and the
GRANTEE.
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WITNESS the following signature and seal:
GRANTOR:
PAW, L.L.C.,,/
Sy:~ . _ (SEALI
Howard R. Sykes, Jr., Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 14th day of April,
2000, by Howard R. Sykes, Jr., Manager of PAW, L.L.C., a Virginia limited liability
company, Grantor.
Notary Public
My Commission Expires: ~-///~: i//~ ~
EPARED BY:
· ~RNES. BOURDON
~HERN. P.C.
:INEYS AT LAW
5
PREPARED BY:
S. CARNES. BOURDON
& AHERN.
FTORNEYS AT LAW
EXHV'RIT "A"
ALL THAT certain piece or parcel of land, with the buildings and improvements
thereon, situate in the City of Virginia Beach, State of Virginia and designated on a
certain plat entitled "PLAT SHOWING PROPERTY OF VELMA BANTAN-ERNEST
GARFIELD, JR. ~ HENRIETTA CAFFE HAROLD 8~ CLAUDIA S. CASON ~ EMMA
BROWN FORMERLY PROPERTIES OF JOHN T. CASON", recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book
1638, at Page 382, and is more particularly described as follows:
BEGINNING at a point on the north side of the said 30 foot right of way, at the
dividing line between this property and the property of Harold Cason and said point
of beginning being also 340' as measured along the northern side of said 30' right of
way from the western boundary line of the property of Andrew Cason and from said
point of beginning running thence N. 12° 32' 55" E. 200' to a point; thence turning
and running S. 83° 10' W. 100' to a point; thence turning and running S. 12° 32'
55' W. 200' to the northern side of the said 30' right of way;, thence turning and
running along the northern side of the said right of way N. 83° 10' E. 100' to the
point of beginning.
GPIN: 2404-45-8213
CONDREZN / PAW/PROFFER
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- 59 -
Item V-L. lOa/b
PLANNING
ITEM # 47010
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinances of the City of Virginia Beach:
Ordinance to AMEND and REORDAIN 6~ 106 of the City Zoning
Ordinance (CZO) re reduction of appeal time for certain offenses of a
short-term duration.
Ordinance to AMEND 3~ 1601 of the Coastal Primary Sand Dune Zoning
Ordinance re definition of a coastal sand dunk
11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
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AN ORDINANCE TO AMEND SECTION 106 OF THE CITY
ZONING ORDINANCE PERTAINING TO THE REDUCTION
OF APPEAL TIME FOR CERTAIN OFFENSES THAT ARE
OF A SHORT-TERM DURATION
SECTION AMENDED: § 106
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 106 of the City Zoning Ordinance is hereby
amended and reordained to read as follows:
Sec. 106. Appeals and variances.
(a) The board of zoning appeals shall hear and decide appeals
from any order, requirement, decision, or determination made by an
administrative officer in the administration or enforcement of this
ordinance. An appeal shall be filed with the zoninq administrator,
and include the qrounds of appeal, within thirty (30) days of the
date of the decision appealed, unless the notice of violation
involves temporary or seasonal commercial uses, parkinq of
commercial trucks in residential zoninq districts, or similar
short-term recurrinq violations, in which case the appeal period is
ten (10) days from the date of the notice of violation. All
decisions not timely appealed shall be final and unappealable. In
addition thereto, the board shall have such other powers and duties
as are set forth in Section 15.2-2309 of the Code of Virginia;
provided, however, that the board shall have no authority to hear
and decide applications for conditional use permits.
(b) The membership, organization and procedures of the board
of zoning appeals shall be as set forth in Sections 15.2-2308
through 15.2-2314 of the Code of Virginia, as amended. In the event
the board denies an application for a variance, substantially the
same application shall not be considered by the board for a period
of one (1) year from the date of denial.
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(c) Every application to the board of zoning appeals shall be
accompanied by a fee of one hundred fifty dollars ($150.00), which
shall be applied to the costs of advertising and expenses
incidental to the processing of the application. Each zoning lot
upon which a variance is requested shall be the subject of a
separate application and a separate fee; provided, however, that
variances from the setback and landscaping provisions of section
201(e) (1), pertaining to fences and walls, may be the subject of a
single application and fee where the following conditions are met:
(1) The lots upon which the variance is requested are
contiguous lots within a single subdivision block, as
shown on the recorded plat of the subdivision in which
the lots are located;
(2) The fence or fences which are the subject of the variance
are located wholly upon property owned by a bona fide
homeowners' association created by legal instrument
recorded in the office of the clerk of the circuit court,
or upon which there is a recorded perpetual easement
allowing such homeowners' association, or the members
thereof, to construct and maintain a fence upon such
property;
(3) Such fence or fences are owned by the homeowners'
association; and
(4) The individual signing the application certifies to the
zoning administrator, in writing, that he or she is
vested with the authority to act on behalf of the
homeowners' association in the matter and that such
association has authorized, in the manner prescribed by
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its by-laws or other instrument, the filing of the
application.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 8~h day of August, 2000.
CA-7676
DATA/ODIN/PROPOSED/45-0106ord.wpd
R2
PREPARED: June 27, 2000
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AN ORDINANCE TO AMEND SECTION 1601 OF THE
COASTAL PRIMARY SAND DUNE ZONING ORDINANCE
PERTAINING TO THE DEFINITION OF A COASTAL
PRIMARY SAND DUNE
SECTION AMENDED: § 1601
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 1601 of the Coastal Primary Sand Dune Zoning
Ordinance is hereby amended and reordained to read as follows:
Sec. 1601. Definitions.
For the purpose of this article:
(a)
(b)
(c)
(d)
(e)
Beach means the shoreline zone comprised of
unconsolidated sandy material upon which there is a
mutual interaction of the forces of erosion, sediment
transport and deposition that extends from the low-water
line landward to where there is a marked change in either
material composition or physiographic form such as a
dune, bluff or marsh, or where no such change can be
identified, to the line of woody vegetation (usually the
effective limit of stormwaves), or the nearest
impermeable manmade structure, such as a bulkhead,
revetment or paved road.
Commission means the Virginia Marine Resources
Commission.
Commissioner means the commissioner of marine resources.
City means the city council of the City of Virginia
Beach.
Coastal primary sand dune or dune means a mound of
unconsolidated sandy soil which is contiguous to mean
high water, whose landward and lateral limits are marked
by a change in grade from ten (10) percent or greater to
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(f)
(g)
of the following species:
(Ammophilla breviligulata) ;
American beach grass
beach heather (Hudsonia
tometosa); dune bean (Strophostylis spp.); dusty miller
(Artemisia stelleriana) ; saltmeadow hay (Spartina
patens); seabeach sandwort (Arenaria peploides); sea oats
( Uniola paniculata); sea rocket ( Cakile edentula);
seaside goldenrod (Solidago sempervirens); and short dune
grass (Panicum ararum) . For purposes of this article,
"coastal primary sand dune" shall not include any mound
of sand, sandy soil or dredge spoil deposited by any
person for the purpose of the temporary storage, beach
replenishment or beach nourishment, nor shall the slopes
of any such mound be used to determine the landward or
lateral limits of a coastal primary sand dune.
Governmental activity means any or all of the services
provided by the City of Virginia Beach to its citizens
for the purpose of maintaining public facilities,
including but not limited to, such services as
constructing, repairing and maintaining roads; providing
street lights and sewage facilities; supplying and
treating water; and constructing public buildings.
Wetlands Board or Board means the board created pursuant
to Section 28.2-1303 of the Code of Virginia.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 8th day of August, 2000.
CA-7701
DATA/ORDIN/PROPOSED/45-1601ord.wpd
R2
PREPARED: June 5, 2000
hem V-l~lOa
PLANNING
ITEM # 47011
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED
IND E FINI TEL Y:
Ordinance of the City of Virginia Beach to AMEND the City Zoning
Ordinance (CZO) I[ 111/905 re shopping center identification signs and
defining the term "monument sign ".
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William gE. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, dr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
Item V-M. L
APPOINTMENTS
ITEM # 47012
BY CONSENSUS, City Council RESCHEDULED:
BOARD OF BUILDING CODE APPEALS
BOARD OF ZONING APPEALS
HEALTH SERVICES ADVISORY BOARD
PUBLIC LIBRARY BOARD
RESORT AD VISOR Y COMMISSION (RA C)
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
August 8, 2000
Item l?-M. 2.
APPOINTMENTS
ITEM # 47013
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
Carmeline V. Zimmer
Unexpired thru 12~31~2000plus
3 Years 1/1/2001 - 12/31/2003
COMMUNITY SER VICES BOARD
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William ~ Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
.... City of Virginia Flcach
COMMUNITY SERVICES BOARD
(757) 437-5760
FAX (757) 49O-5736
297 INDEPENDENCE BOULEVARD
PEMBROKE 6, SUITE 208
VIRGINIA BEACH, VIRGINIA 23462
August4,2000
The Honorable Mayor
Members of City Council
Dear Council Members:
One of the agenda items for consideration dudng the August 8, 2000 City Council meeting
is the Council's endorsement of the FY 2001 State Performance Contract. This contract
defines the conditions and expectations of the State Department of Mental Health, Mental
Retardation, and Substance Abuse Services with regard to the Iocality's use of "state-
controlled dollars". On July 27, 2000, the Community Services Board approved the contract
as required by state law. While we recommend that Council endorse the submission of the
contract to the state which is also required by state law, we are concerned about the state's
establishment in the new contract of "bed targets" for the use of Eastern State Hospital.
Consequently we believe that a cover letter expressing these concerns should be
submitted with the contract. Information regarding the bed targets and proposed funding
allocations is described below.
Funding:
The contract defines the state's expectations regarding the use of "state-controlled" funding
which includes:
· federal funding appropriated by the General Assembly
· state general fund dollars
· medicaid
· required local match dollars
The current contract reflects $18,455,650 of state controlled funding and $8,000,333 of
non-state controlled funding. The provisions regarding this funding relate to compliance
issues in terms of service delivery, data reporting, and accountability through various audits
and reviews conducted by the state department of mental health. One of the new
Proud Recipieni of the 19¢$ O: S. Senate Medallion of Excellence for Productivity and (~)uality in the Public Sector.
Honorable Mayor
Members of City Council
August 4, 2000
Page 2
provisions in the contract concerns the use of Eastern State Hospital and is discussed
below.
In Southeast Virginia, adults who need psychiatric hospitalization and lack private insurance
receive inpatient care from Eastern State Hospital in Williamsburg. The process to access
a state facility is defined in the Code of Virginia and generally consists of the following steps:
· Individuals may be referred for hospitalization by anyone in the community including
family members, physicians, agencies, or other hospitals
· The CSB Emergency Services Program is responsible for providing a clinical
assessment of the individual and making a recommendation as to whether the
person is in need of inpatient care
· We advise the magistrate as to whether we support the hospitalization; if so, then
the individual is hospitalized locally until a headng is held generally within 48 hours of
their detention
· The hearing is presided over by a Special Justice who ultimately decides whether the
person requires inpatient care. The Special Justice considers evidence including our
recommendation and the testimony from family members or others who have
relevant information. Based upon that information, the decision is made as to
whether the person meets the legal criteria for inpatient hospitalization which
includes the determination as to whether a person is:
Is mentally ill
Is in imminent danger of harming himself or others; and
There is no less restrictive alternative to hospitalization
Over the past year, the state department of mental health has developed a methodology to
identify "bed targets" for each locality. The target relates to the number of days of
hospitalization available to the community. Recently the targets were made public and
incorporated into the performance contracts. We believe that the targets for Virginia Beach
are too Iow and will not meet the needs of our community, which is why we have asked that
the targets be reevaluated. While we do not incur financial liability if our community uses
more days than has been targeted for the coming year, we believe that the methodology is
flawed and that our allocation of hospital days is insufficient to meet the needs of our
Honorable Mayor
Members of City Council
August 4, 2000
Page 3
citizens. We also anticipate that the targets will, in fact, carry financial penalties in the
coming years. The response we have received from the Commissioner of Mental Health is
that he will not reconsider the target issue until the performance contracts are submitted.
Recommendation:
In order to maintain continuity of the service delivery system, we recommend that City
Council endorse the submission of the contract to the State Department of Mental Health.
Additionally we recommend that City Council direct staff to attempt to renegotiate the targets
to an acceptable level of inpatient care that will meet the needs of our community. Finally
we recommend that the City Manager submit a cover letter with the contract expressing
these concerns.
Sincerely,
Terry S. Jenkins, Ph.D.
Director
CC:
James K. Spore, City Manager
Stanley W. Sawyer, VBCSB Chairman
C. Oral Lambert, Jr., Chief Operating Officer
Larry S. Spencer, City Attorney
Item V-M. 3.
APPOINTMENTS
- 63 -
ITEM # 47014
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
Stephen W. Burke
4-Year Term 9/1/2000- 8/31/2004
DEVELOPMENT A UTHORITY
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William l'E. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
Item V-M. 3.
APPOINTMENTS
- 64 -
ITEM # 47O15
Upon NOMINATION by Vice Mayor Sessoms, City Council
REAPPOINTED:
AND, APPOINTED:
H. Frank Malbon
Lynnhaven
Mark N. Snyder
At-Large
3-Year Term 9/1/2000- 8/31/2003
PARKS AND RECREATION COMMISSION
Thelma Carroll
Centerville
3- Year Term 9/1/2000 - 8/31/2003
PARKS AND RECREATION COMMISSION
Voting: 11-0
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C.
Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, l~ce
Mayor William D. Sessoms, Jr. and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
August 8, 2000
Item V-Od.
NEW BUSINESS
ITEM # 47016
B Y CONSENSUS:
ABSTRACT OF CIVIL CASES RESOLVED - JUNE 2000, shall be
recorded as submitted by the City Attorney.
August 8, 2000
Item V-P.
- 66-
ADJOURNMENT
ITEM # 4 7017
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:47P. M.
Beverly O. Hooks, CMC
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
~rginia
August 8, 2000