APRIL 9, 2002 MINUTESCITY COUNCIL
MAYOR MEYERA E OBERNDORE At-Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, III, Bear h -Dtstrtct 6
MARGARET L EURE, Centervdle -Dtstrtct 1
WILLIAM W HARRISON, JR, Lynnhaven - Dtstrlct 5
BARBARA M HENLEY, Pnncess Anne - Dtstmt 7
LOUIS R JONES, Baystde -Dtstrtct 4
REBA S McCLANAN, Rose Hall -Dtstnct 3
ROBERT C MANDIGO, JR, Kempsvtlle -Dtstrtct 2
NANCY K PARKER, At-Large
ROSEMARY WILSON, At-Large
JAMES K SPORE, City Manager
LESLIE L LILLEE Ctty Attorney
RUTH HODGES-SMITH, MMC, City Clerk
"COMMUNITY FOR A LIFETIME"
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@ctty vtrgtnta-beach va us
April 9, 2002
I. BUDGET WORKSHOP
- Conference Room-
2:30 PM
REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room-
5:00 PM
A CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber-
6:00 PM
A. CALL TO ORDER- Mayor Meycra E. Obemdorf
B. INVOCATION:
Father Joseph Facura
St. Mathews Cathohc 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 - April 2, 2002
G. AGENDA FOR FORMAL SESSION
H
RESOLUTIONS/ORDINANCES
o
Resolution re re-issuance of the Development Authority's Multi-Family Housing
Revenue Refunding Bonds:
Tidewater-Oxford Limited Partnership
3001 Reflections Way
(ROSE HALL- DISTRICT 3)
Not to exceed
$26,800,000
.
Resolution to AUTHORIZE the proposed design (alternative B) re improvements at the
intersection of Princess Anne, Kempsville and Witchduck Roads.
.
Ordinance to AMEND and REORDAIN § 21.321.2 of the City Code re maximum
speed limits ("traffic calming") m designated neighborhoods:
a. L & J Garden f. Brighton on the Bay
b. Acredale g. Baylake Pines
c. Lake Shores h. Baylake Beach
d. Middle Plantation i. Country Haven
e. Little Neck
4.
Ordinance to ESTABLISH a Fire and Rescue Station-Ocean Park as a capital
improvement project; TRANSFER $850,000 to the project; and, AUTHORIZE the City
Manager to execute an agreement re purchase of property for the Ocean Park Fire and
Rescue Station.
PLANNING
Application of COLONEL WILLIAM H. and JO A. GALLUP for an enlargement/
conversion of a nonconforming use and add an addition, enclose the deck and shed with
a second floor addition to the structure at 304 45th Street, containing 6,477.5 square feet.
(BEACH- DISTRICT 6)
Deferred:
Recommendation:
Applicant requests:
March 12, 2002
DENIAL
Indefinite Deferral
.
Applications of WEST NECK PROPERTIES, INC. at the northeast comer of West
Neck and Indian River Roads (3132 West Neck Road), containing 87.215 acres.
(DISTRICT 7 - PRINCESS ANNE)
(a)
Vartance to § 4.4(b) of the Subdivision Ordinance re the thirty (30)-foot mlmmum
pavement width for interior streets
(b)
Change of Zoning Dtstrtct Classtficatton from AG-1 and AG-2 Agricultural to
Conditional R-15 Residential
(c) Con&ttonal Use Permtt re Open Space Promotion
Deferred:
Recommendation:
January 22, 2002
February 5, 2002
March 5, 2002
March 26, 2002
APPROVAL
.
Application of EDWARD M. WILLIAMS for a Vartance to § 4.4(b) of the Subdivision
Ordinance which requires all newly created lots meet all the requirements of the City
Zoning Ordinance (CZO) at 1505 Quail Point Road.
(DISTRICT 5 - LYNNHAVEN)
Recommendation: APPROVAL
.
.
.
.
Application of VOICE STREAM WIRELESS for a Condittonal Use Permtt re a
communication tower at the southeast intersection of Holland Road and Dam Neck Road
(3040 Holland Road) containing 400 square feet.
(DISTRICT 7 - PRINCESS ANNE)
Recommendation:
APPROVAL
Application of VIRGINIA BEACH UNITED METHODIST CHURCH for a
Condtttonal Use Permtt re a church/commercial parking lot at the southeast comer of
Pacific Avenue and 20th Street on Lot 18, Block 41, Lot 20, Block 41 and Lot 22, Block
41 (208, 210 and 212 20th Street) containing 21,000 square feet.
(DISTRICT 6 - BEACH)
Recommendation:
APPROVAL
Apphcation of SHIRLEY J. DALE for a Con&tional Use Perrntt re a pet crematory on
Lot A-22, Princess Anne Hunt Club (2284 London Bridge Road) containing 5.522 acres.
(DISTRICT 6 - BEACH)
Recommendation:
APPROVAL
Ordinance to amend § 1502 of the City Zoning Ordinance (CZO) re maximum building
heights and hotel density in the RT-1 Resort Tourist D~stnct.
Recommendation:
APPROVAL
Jo
APPOINTMENT
1. COMMUNITY SERVICES BOARD
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
If you are physically disabled or visually ~mpa~red
and need assistance at th~s meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
04/04/02gw
AGENDA\04/09/02
www vbgov com
2002-2003 RESOURCE MANAGEMENT PLAN SCHEDULE - FINAL
,
EVENT II TOPIC Il LOCATION II DATE
Council Workshop Quality Physical Environment Council Conference April 16th
Operational Support room
Public Hearing Public Comment on Proposed FY 2002-2003 Resource Management Frank W. Cox High April
Plan School 6 PM
Council Workshop Safe Community Council Conference April 23rd
Family and Youth Opportunities room
Public Hearing Public Comment on Proposed FY 2002-2003 Resource Management Council Chamber April 23rd
Plan 6 PM
Council Workshop Reconciliation of outstanding resource ~ssues Council Conference May 9th
room 3 PM
Adoption of FY 2002-2003 C~ty Council Vote on Resource Management Plan Council Chamber May 14'
Resource Management 6 PM
Plan (will include Public
Hearing)
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 9, 2002
Mayor Meyera E Oberndorf called to order the BUDGET WORKSHOP tn the Ctty Counctl Conference
Room, City Hall Butl&ng, on Tuesday, Aprtl 9, 2002, at 2 30 P M
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Louts R Jones, Reba S
McClanan, Robert C Man&go, Jr Mayor Meyera E Oberndorf and
Nancy K Parker
Counctl Members Absent
Vtce Mayor Wtlham D Sessoms, Jr
Wtlham W Harrison, Jr
Barbara M Henley
Rosemary Wilson
[Entered 3 55 P M]
[Entered 4 03 P M]
[Entered 3 40 P MI
[Entered 3 50 P M}
School Board Members Present
D A "Al" Ablowtch, Jane S Brooks, Chairman Darnel D "Dan"
Edwards, Nancy D Guy, Netl L Rose and Jerrt M Tara
School Board Members Absent
Dan R Lowe, H Les Powell, Jr, Sandra Smtth-Jones, Mtchael W
Stewart and Vtce Chatrman Arthur T Tate
-2-
CITY MANA GER 'S BRIEFING
BUDGET WORKSHOP
2:30 P.M.
ITEM # 49485
Catheryn Whttesell, Dtrector of Management Servtces, advtsed thts portton of the Budget Workshop focuses
on the areas of Quality Education and Life Long Learning
Quality Education and Life Long Learning
Libraries $ 12,944,959
Education 581,888,186
Capital Projects 6,202,500
Debt Service 38, 712, 634
Reserve for Contingencies 1,183.15 7
Total $ 640,921,436
Thts sectton comprtses 52. 76% of the total Resource allocatton, wtth Schools comprtsmg the largest share
at 47.24%.
HIGHLIGHTS
$ 125-MILLION over SOQ Requirements
$ 1.5-MILLION for Continuation of Instructional
Technology Program
$ 21-MILLION for School Modernization
$ 3 7,325 Continued Funding for the "Ready to Learn" Program
$ 2.8-MILLION for Library Renovations and Replacements
Dr Darnel D "Dan "Edwards, Chatrman- Vtrgtma Beach School Board, advtsed the recommended budget
of FY2002-2003 of $505,578,409 represents a 3.9% increase over the current fiscal year One-half of the
schools are fully accre&ted and over 90% meet state benchmarks In four years the transtttons and waivers
are over and the expectatton ts our schools meet standards or be labeled as unaccredtted Sooner than that
tn two years, our students must have verified credits (courses where worth has been proven through passage
of SOL tests) Unless the Ctty conttnues to tmprove, the schools wtll be routtnely provtdtngfive or stx more
years of free htgh school pubhc educatton or worse yet pouring thousands of non-graduates out onto the
streets of the Ctty The schools tntend to assure thts does not occur Thts School Board supports the SOLs
Schools aggresstvely conttnue to tmprove through strengthentng the currtculum and provldtng more
tratnmg for teachers Thts year's Operatmg Budget addresses these SOL based needs, such as teacher
retentton, tramtng and also recogmzes that schools cannot be stngularlyfocused on the SOLs Work force
projecttons tn&cate that more and more students should graduate from high school ready for the job market
wtth the skills required tn today's workforce, as a growing number of jobs do not require college degrees
The provtston for academic chotce ss borne out tn thts proposed budget through the academies initiative for
whtch $373,165 has been budgeted to underwrite the creation of four new academtes, schools wtthm
schools In addttton, $97,443 has been tncluded for the second year expanston of the Technology Academy
at Landstown High School The new academtes, whtch wtll open tn the Fall, tnclude a Legal Studies
Academy at First Colonial High School, a Heath Science Academy at Bayside High school, a Middle
Years International Baccalaureate Program at Plaza Middle School and a Foreign Language Inclusion
program at Christopher Farms Elementary School In condunctton wtth the academtes, the budget mcludes
$1,538,508 for the opening of the Advanced Technology Center, a state-of-the-art facdtty operating as a
partnershtp among the Schools, the Ctty and Ttdewater Commumty College These addtttons and employee
co~npensatton tncreases have reqmred very difficult trade-offs Sixty-eight (68) positrons, ortgtnally
proposed, had to be unfunded, to observe the " reahttes from Rtchmond " and set aside addmonal funds for
employee compensation The compensatton package can best be viewed as "salary plus benefits. "If at all
posstble, tt was determtned that the School dtvtston wtll tncrease its respecttve tnsurance employer portton
of the premtums stmtlar to the Ctty's plans for tts employees, so that all employees pay' less Salary scale
adjustments have been revtewed durtng budget development Because Vtrgmta Beach Ctty Pubhc School
(VBCPS) employees are on several dtfferent salary scales, explamtng any planned mcreases ts complex As
the Board dtscussed teacher salary scales, mcreases were constdered tn terms of scale adjustment rather
than step mcrease Thts would most take the form of mtdpotnt adjustments for the open range and
adjustments to the stepped scale The Board ts also constdertng an increase to the bottom and top of both
scales The Capttal Improvement Program ts still very much tn tack wtth modernizations on schedule
Aprtl 9, 2002
-3-
CITY MANA GER 'S BRIEFING
BUDGET WORKSHOP
ITEM # 49485 (Continued)
Dr Timothy R Jenney, Superintendent of Schools, advised it ts with a sense of accomplishment that the
2002-2003 spendingplan for Virginia Beach City Public Schools (VBCPS) ts submitted This budget was
created in the midst of a state budget crisis that, at this point, has resulted tn the ehmtnatton of raises for
teachers In fact, if this scenario becomes reality, next fiscal year will mark the third consecutive year the
Commonwealth has not provided teacher salary increases Yet, in spite of such obstacles, our proposal
provides both sustainable total compensation increases for employees and program enhancements that will
result tn additional services for our students The recommended budget stands at $506,932,453 Much of
this growth can be attributed to projected increases tn the seven revenue streams the City and Schools share
under the joint revenue sharing agreement It ts important to note that this proposal falls within the
boundaries of the city-schools revenue formula, and, as a result, marks the fifih consecuttve year the budget
has been developed without a request for a tax increase The major goals for next fiscal year are
Providing increased educational opportunities for
the children of Virginia Beach City Public Schools
Remaining competitive through the development
of appropriate compensation/benefits packages;
and
(3) Encouraging systemic professional development
The School system leadership and supporting staff strive to continuously improve the level of service to
students
Theproposal contains $11.43-MILLION to help meet the second goal of improving employees 'salary and
benefits packages, thereby maintaining the School District's competitive stance tn the employment market
The school system remains committed to encouraging the targetedprofesstonal development o fits work force
- a need that is ever-present Yet, this proposal establishes the potential for Virginia Beach City Pubhc
Schools to conduct the business of "quality lifelong learning" in a very new way Dr denney
recommended the development of a new tuition loan initiative Loans for Educators'Advanced Degrees
(LEAD) to assist employees tn their desire to improve personally and professtonally and consequently help
increase student achievement In essence, the tuition assistance program will ultimately be funded by the
deferral of support supplements at the end of the degree program In another important area, technology
remams a major focus for VPCPS Next year's budget will mark the full implementation of the new WISE
human resources/payroll system This system will mtegrate and automate operations that have prevtously
been done separately despite the need for linkage For example, employee records will now be integrated
with payroll records, ensurmg greater tncltvtdual and budgetary accuracy The implementation of WISE will
end years and years ora largely manual, piecemeal approach to a budget that now tops $1/2-BILLION and
a workforce that numbers more than 10,000. This ts a massive systemic change that will not only streamline
and automate the management of our financial and human resources functions, but will also improve
customer service by provtdmg employees unprecedented access to their employment records It ts notable
that this implementation marks the fulfillment of the Grand dury's recommendation six years ago As a
remmder, the Grand Jury cited the lack of an integrated human resources-payroll system as a factor tn the
resultmg budget deficit VBCPS is proud to close this chapter on what was, undoubtedly, the School
District's darkest days Dr denney introduced Victoria Lewis, Chief Financial Officer
Ms Lewis presented further details relative the FY 2002/03 School Board Operating Budget:
Comparison of FY 2001/02 and FY 2002/03
FY 2001/02
FY 2002/03
Increase in dollars
Increase in percent
$ 487,654,377
$ 505,578,409
$ 17,924,032
3.67%
The majority of state revenues are "per-pupil"formulas and virtually all instructional staffing is based upon
the distribution of those students across the grade levels Therefore, the first and most important component
tn the development of the budget ts the projectton of the September 30 enrollment I,'trgtnta Beach Schools
have been experiencing a decline tn enrollment, primarily at the elementary level, since FY 1999
ProJections for September 30, 2002, continue to show a dechne tn the elementary level 2002/2003 will show
the first year with a decline tn the Middle School levels This decline is only about 15 students This is not
sigmficant to affect the staffing of those schools
April 9, 2002
-4-
CITY MANA GER 'S BRIEFING
BUDGET WORKSHOP
ITEM # 49485 (Continued)
The March 31 Average Daily Membership (ADM) ts the most crmcal number for the esttmatton of the State
revenues Thts ADM represents the average number of students enrolled tn the Dtvtston In tts simplest
form, the March 31 ADM ts the sum of the number of students enrollment for each day from the begtnnmg
of school to Mach 31, dtvtded by the number of days of tnstructton durtng that pertod Htstortcally, the
March 31 ADM ts less than the September 30 enrollment by 1% to 2%
Major Revenue Sources
FY 2001/02 FY 2002/03 Percent Change
Federal $ 12.62-MILLION $12.37-MILLION - 1.98%
Sales Tax $ 55.6-MILLION $ 54.04-MILLION - 2.81%
State Revenue $194. 9-MILLION $202.2-MILLION +3. 75 %
Local Contribution $ 225.9-MILLION $234.8-MILLION +3.94%
Another factor which affects the development of the revenues ts the Composite Index, a formula developed
at the state level
Composite Index
Bastc tndtcators used tn the formula
True value of Real and Pubhc Servtce Corporatton Property Tax Base
AdJusted Gross Income revenue totals
Taxable Retad Sales Recetpts
Composite Index
FY 94- 96 3412
FY 96-98 3425
FY 98-00 3466
FY 00-02 3523
FY 002-04 3394'
*Shtft of $2 5-MILLION from the locahty to the state
The largest sources of funding tn the Operattng Budget are the Sales Tax, the State revenues and the local
contrtbutton The sales tax ts also formula-drtven and encompasses more than just the students who attend
the pubhc schools The formula tncludes any person between the ages of 5 and 20 who restde tn the Ctty In
essence, any chtld who ts ehgtble to recetve a free pubhc educatton would be included tn the formula In
order to more equitably dtstrtbute these sales tax dollars across the state, each locahty ts requtred by law
to conduct a census every three yeas Thts census determmes the per-puptl sales tax amount that a dtvtszon
wtlt recetve for the next three years The most recent census was completed tn Sprtng 1999, the dtvtston wtll
conduct a new census tn the Sprtng and Summer of 2002 and the counts from thts census wtll determtne the
sales tax dollars for the pertod through 2006
Reductions from FY2001~02
Adjustments to Expenditures
Excess attrition FY 2001/02
Elimination of VRS Life Premium
ERIP reduction
Change in Required Marches
Reduced elementary staffing
TOTAL RED UCTIONS:
$- 5.3-MILLION
April 9, 2002
-5-
CITY MANA GER 'S BRIEFING
BUDGET WORKSHOP
ITEM # 49485 (Continued)
Major Additions for FY 2002/03
Compensatton Increase
Advanced Technology Center
Addtttonal Personnel
£EAD program
Academy Programs
$ 148-MILLION*
$ 1 5-MILLION
$ 1 8-MILLION
$ 1 29-MILLION
$ 61-MILLION
*Insurance $3.7-MILLION, Salary wages $10.6-MILLION, Supplements and hourly rates $500,000
Compensation Increase
Total Compensation Increase
$14.8-MILLION
Health insurance Pool
$3,676,491
July 1, 2002 increase to $2,715 ($195/yr or$19.50/mo.)
January 1, 2003 increase to $3,155 ($440/yr or $44/mo)
increase - 25.2 %
Salary and Supplement/Hourly Rate Pool $11.16-MILLION
Positions Added- FY 2002/03
Net increases tn Positrons by Category
Classroom Instructional (net of 28 ehmtnated) 4 0
Adtntntstrattve Support 8 5
Transportatton 2 0
Operattons 16 0
Total Net Increase 30 5
Don Bahlman, Staff Engtneer, advtsed the modermzatton program ts approxtmately five (5)years ago
Construction on the first phase commenced three (3) years ago To date, there are five (5) completed
Elementary Schools Creeds, Baystde (torn down and prototype butlt on stte), Thaha (substanttally
completed), Shelton Park and Luxford The followmg elementary schools are approxtmately ~ way through
constructton Woodstock and Kempsvtlle (old butldtngs to be torn down and new ones erected) Three other
elementary schools whtch wtll commence moderntzatton Pembroke, Trantwood and Lynnhaven There are
five (5) more schools currently betng destgned Concerntng the dectston as to whether to tear down and
rebutld or renovate a school, there ts "no magic "formula If the cost to renovate reaches 80% of the cost
of a new bmldmg, VBCPS leans toward butldtng a new butldtng This cost ts determmed through architect's
cost esttmates and commumcatton wtth the contractors tn the communtty There are other tssues concernmg
locatton of students when thts occurs
Ms Whttesell advtsed approxtmately $41-MILLION ts betng expended relattve school modernization
Relattve REDISTRICTING, Donald Greer, Chtef Demographer, advtsed there ts one area tn Baystde
(Newtown Elementary/Wtlhams Elementary) where the population has substantially increased tn the last
several years The Board dtd approve a plan several years ago, whtch has been modtfied thts year, movtng
students from both schools Concermng Baystde Middle School, begtnntng this year, a Redtstrtcttng plan
went tnto effect movtng approxtmately 200 students from Baystde Mtddle The school ts sttll shghtly over
capacity
John Stewart, Ltbrartes, tntroduced Pam Pterce, Ltbrary Admtntstratton The Pubhc Ltbrary provtdes free
access to accurate and current tnfor~natton and matertals to all tndtvtduals and promotes readtng as a
crtttcal hfe sktll To prosper tn a changtng world, the Ctty must have a hterate ctttzenry commttted to "hfe-
long learntng" The Vtrgtnta Beach Pubhc Ltbrary plays a vttal role tn supporting people at every age as
they pursue tndependent learntng, job tratntng and formal education The staff ts currently worktng on the
strategtc repostttontng of the Ltbrary tn areas as &verse as servtces to youth and parent, development of
virtual services for on-hne customers, new tntttattves supporttng family htstory research and the
opportuntttes for ctttzens to engage tn dtalogue wtth one another
Aprtl 9, 2002
-6-
CITY MANA GER 'S BRIEFING
BUDGET WORKSHOP
ITEM # 49485 (Continued)
These are the backdrop to the program of retnvestments The Princess ,4nne ,4rea Library ts now scheduled
for completton tn August 2003 Thts project wtll provtde a pubhc hbrary (16,000 square feeO located on
Ntmmo Parkway tn the growtng General Booth corrtdor seven days per week The total programmed cost
for thts facthty ts $4,089,240. Capital Project #3-447, Ltbrary Renovattons and Replacements, provides
for the continuing renovation and expansion of Central Library, Great Neck, Windsor Woods and
Kempsville Library facilities. Thts project will also provide replacement facthttes at the Oceanfront
Bayside Library Renovations, formerly tncluded wtth the Ltbrary Renovatton and Replacement project ts
now restructured wtthm Capital Project #3-413, Bayside Library and Police Precinct, whtch tncludes
fundmg for the acqutsttton of ad&tlonal property and constructton of two separate facthttes - Bayside
Library and the Bayside Police Station All projects are esttmated to be completed by 2006
April 9, 2002
-7-
AGENDA RE VIEW SESSION
4:32 P.M.
ITEM # 49486
HI
Resolution re re-issuance of the Development
Authority's Multi-Family Housing Revenue
Refunding Bonds:
Ttdewater-Oxford Ltmtted Partnershtp
3001 Reflections Way
(ROSE HALL- DISTRICT 3)
Not to exceed
$26,800,000
Vtce Mayor Sessoms wtll ABSTAIN as he ts a Corporate Officer of Wachovta Bank, whtch recently merged
wtth Ftrst Unton Nattonal Bank and thts bank ts tnvolved tn the transactton
Counctlman Harrison will ABSTAIN, as his law firm provtdes legal services to the apphcant
ITEM #4948 7
H2
Resolutton to AUTHORIZE the proposed design
(alternattve B) re improvements at the tntersectton
of Princess Anne, Kempsvtlle and Wttchduck Roads
Counctl Lady Parker beheved there are concerns relattve Alternattve B Counctlman Man&go advtsed
Alternate B ts the recommendatton to the Vtrgmta Department of Transportatton (VDOT) However,
Counctlman Man&go has requested the Ctttzens Advtsory Commtttee remam and be expanded to tnclude
affected tndtvtduals on the Commtttee The CAC has been requested to provtde tnput at key potnts durtng
the design stages of the project The .npacted property owners will conttnue to be invited to participate tn
the CAC process at those key potnts of the design state on thts prodect When the destgn ts completed, VDOT
wtll have to make final approval E Dean Block, Dtrector of Pubhc Works, advtsed there wtll be at least two
more Pubhc Hearmgs Thts wtll be a "step by step" approach
H3
ITEM #49488
Or&nance to AMEND and REORDAIN 3~ 21 321 2
of the Ctty Code re maximum speed limits ("traffic
calmmg") tn destgnated netghborhoods
L & d Garden
Acredale
Lake Shores
Mtddle Plantatton
Ltttle Neck
Brighton on the Bay
Baylake Ptnes
Baylake Beach
Country Haven
Council Lady Eure tnqmred tf the participating communtty ts not sattsfied with the "traffic calming"
program how may they no longer be a part of thts program
E Dean Block, Dtrector of Pubhc Works, advtsed theprogram conststs offourphases At anypomt durmg
these stages, the Commumty can request the process be ceased Phase I ts armed at awareness and
educatton The netghborhood chooses the streets they want evaluated for tncluston tn the program Phase
H consists of speed stu&es of the chosen streets If the speeds persist or increase, the streets wtll be ehgtble
to enter Phase III of the program tf at least 75% of the estabhshed neighborhood area sign a pettton
requesttng the tmplementatton of Phase III Phase II I tnvolves destgnated streets wtthtn a netghborhood
betng tdenttfied, therefore subjecttng vtolators to a non-prepayable fine up to $200 O0 If thts tntttattve fatls,
the netghborhood may request Phase IV, the tnstallatton of phystcal devtces to prevent spee&ng The
Department works wtth the communtty relattve the types of phystcal devtces
Aprtl 9, 2002
-8-
AGENDA RE VIEW SESSION
ITEM #49489
14
Orchnance to ESTABLISH a Fire and Rescue
Statton-Ocean Park as a capital improvement
project, TRANSFER $850,000 to the project, and,
AUTHORIZE the Ctty Manager to execute an
agreement re purchase of property for the Ocean
Park Ftre and Rescue Statton
Counctlman Jones advtsed Mayor Oberndorf the Ocean Park Volunteer Ftre and Rescue Squad may rematn
at thetr present location
The Ctty Manager advtsed the name "Ocean Park" would not be utthzed
Counctl Members Branch and Harrtson wtll ABSTAIN
Council Lady McClanan wtll vote NA E
ITEM # 49490
B Y CONSENSUS, thefollowtng shall compose the CONSENT AGENDA:
RES OL UTIONS/ORDINANCES
HI
Resolutton re re-tssuance of the Development
Authority 's Multi-Family Housing Revenue
Refunding Bonds:
Ttdewater-Oxford Ltmtted Partnershtp
3001 Reflections Way
(ROSE HALL- DISTRICT 3)
Not to exceed
$26,800,000
H2
Resolutton to AUTHORIZE the proposed design
(alternattve B) re tmprovements at the tntersectton
of Prtncess Anne, Kempsvtlle and Wttchduck Roads
H3
Ordtnance to AMEND and REORDAIN~ 21 321 2
of the City Code re maximum speed limits ("traffic
calmtng") tn destgnated netghborhoods
L & J Garden
Acredale
Lake Shores
Middle Plantation
Little Neck
Brtghton on the Bay
Baylake Ptnes
Baylake Beach
Country Haven
H4
Or&nance to ESTABLISH a Ftre and Rescue
Statton-Ocean Park as a capital tmprovement
proJect, TRANSFER $850,000 to the project, and,
AUTHORIZE the Ctty Manager to execute an
agreement re purchase of property for the Ocean
Park Fire and Rescue Station
Vtce Mayor Sessoms and Counctlman Harrtson wtll ABSTAIN on Item H 1
Counctl Members Branch and Harrtson wtll ABSTAIN. on Item H 4
Council Lady McClanan will vote NAY on Item H 4
Aprtl 9, 2002
-9-
AGENDA RE VIE W SESSION
ITEM # 49491
I1
Apphcatton of COLONEL WILLIAM H. and JO A.
GALLUP for an enlargement/ conversion of a
nonconforming use and add an addttton, enclose
the deck and shed wtth a second floor addttton to
the structure at 304 45th Street, containing 6,477 5
square feet
(BEA CH- DISTRICT 6)
Vtce Mayor Sessoms referenced the request of the apphcant for INDEFINITE DEFERRAL
ITEM # 49492
12
Apphcattons of WESTNECK PROPERTIES, INC.
at the northeast corner of West Neck and In&an
Rtver Roads (3132 West Neck Road), contatnmg
87 215 acres
(DISTRICT 7 - PRINCESS ANNE)
Vartance to ~ 4 4(b) of the Subdtvtston Ordmance re
the thtrty (30)-foot mmtmum pavement wtdth for
tntertor streets
Change of Zontng Dtstrtct Classt_ficatton from AG-1
and AG-2 Agricultural District to Condtttonal R-15
Restdenttal Dtstrtct
c Condtttonal Use Permtt re Open Space Promotton
Thts ttem wtll be &scussed durmg the Formal Sesston
ITEM # 49493
Apphcatton of VOICE STREAM WIRELESS for a
Condtttonal Use Permtt re a commumcatton tower
at the southeast tntersectton of Holland Road and
Dam Neck Road (3040 Holland Road) containing
400 square feet
(DISTRICT 7 - PRINCESS ANNE)
Council Lady McClanan will vote NAY on this item
ITEM # 49494
15
Apphcatton of VIRGINIA BEACH UNITED
METHODIST CHURCH for a Condtttonal Use
Permtt re a church/commerctal parking lot at the
southeast corner of Pactfic Avenue and 20~ Street
on Lot 18, Block 41, Lot 20, Block 41 and Lot 22,
Block 41 (208, 210 and 212 20'h StreeO contammg
21,000 square feet
(DISTRICT 6- BEA CH)
Councdman Branch advtsed the apphcatton ts for a Condtttonal Use Permtt for another parkmg area
adjacent to an extsttng parktng area The extsttng parkmg area does not have landscaping along Pactfic
Avenue The apphcant's ulttmateplan ts to develop the whole area wtth a conststent landscape theme whtch
would comply with the new ordmance (anttctpated to be considered wtthtn the next month) Counctlman
Branch tnqutred relative watvtng thts landscaping contatned tn Condttton No 8
Robert d Scott, Director of Planmng, advtsed thts Conchtton should be deferred Karen Lasley, Zomng
Admtntstrator, advtsed the new landscape ordtnance requtrlng landscaptng on the stde streets would requtre
comphance next season
Aprd 9, 2002
-10-
AGENDA RE VIEW SESSION
ITEM # 49494 (Continued)
THE FOLLOWING CONDITION SHALL BE DEFERRED FOR ONE (1) YEAR
8 The area of Lot 22 adjacent to Pactfic Avenue and 20'~ Street
shall be landscaped wtth a row of shrubs of stze suffictent to
serve as a screening buffer
Council Lady Parker will ABSTAIN as she ts a member of the Vtrgtnta Beach Umted Metho&st Church
ITEM # 49495
16
Apphcatton of SHIRLEY J. DALE for a
Condtttonal Use Permtt re a pet crematory on Lot
A-22, Princess Anne Hunt Club (2284 London
Brtdge Road) contammg 5 522 acres (DISTRICT
6- BEA CH)
Council Lady Eure tnqutred relattve whether the crematory unit would be enclosed
Stephen Whtte, Planmng, advtsed the umt ts a large metal box, approxtmately 20feet htgh the untt ts htdden
among trees tn the back of the lot The ashes are gtven to the customer If the customer does not wtsh the
ashes, they are dtsposed accordmg to Health Department regulattons Four cremations are allowed per day
and accordtng to the apphcatton, operatton could be twenty-four hours a day, seven (7) days per week
Thts ttem wtll be &scussed durtng the Formal Session
ITEM # 49496
I7
Ordtnance to amend ~ 1502 of the Ctty Zontng
Ordtnance (CZO) re maximum building heights
and hotel density tn the RT-1 Resort Tourtst
Dtstrtct
The Ctty Manager referenced the e-mad recetved tn the Ctty Clerk's Office relattve concerns of the
Or&nance Thts e-mad advises ~f the City Council allows thts Amendment hotels will increase thetr height
and the room size His brtef presentatton will attempt to clarify this ordinance and respond to tssues
reflected tn the press The spaces proposed tn the public parking garage are approximately 800 to 820. The
hotel is going to be leasing 380 spaces and 420 to 440 would be available to the public
Trading Air Space for Open Space
Setting the Record Straight
ALLEGATION
March 30, 20002 Editorial
"Ctty Hall neglected to dtsclose the hnk when tt made pubhc the
tdea for taller hotels"
FA C TS
Virginian Pilot news article on February 2 7, 2002 stated
'The rules changes would allow for taller hotels at the Rudee
Loop and the 31sat Street sites"
FACTS
Plan was to be clear about link to 31s' Street project
Planning Commission' The Planmng Commtsston revtewed thts
matter and recommended the Ordmance to Ctty Counctl Ron Rtpley,
Chatr, advtsed tt was clear tn the minds of the Plannmg Commtsston
Members thts particular amendment would apply to the 31" Street property
Aprtl 9, 2002
-11-
AGENDA RE VIEW SESSION
ITEM # 49496 (Continued)
Resort Advisory Committee The ttme frame dtd not allow revtew by
the RAC, however, the Planning Director spoke wtth the Chart and the
Chair of the RA C Destgn Commtttee relative thts amendment Both Charts
expressed support
Do we wtsh we had been clearer? Yes
~4LLE GA TION
March 29, 2002 Editorial
"developers were shown the tall-hotel plan a week before Ctty
Council members"
FA C TS
Routine procedure (stakeholders tmpacted by Ordmance changes are
asked their opmton
Other examples
Pembroke Mall
Tattoo Ordinance
Flood Plain Regulattons
"Btg Box" retail standards
Towing Ordinance
Commerctal parktng Lot Standards
Standard Operating Procedure to revtew tn advance coptes of
Ordtnances wtth those tmpacted parttes
ALLEGATIONS
March 30, 2002 Editorial
"Pubhc pohcy was drtven by the ctty's destre to keep tts pubhc-
prtvate hotel deal ahve "
"The two bustnessmen and ctty plan to butld a 363-room
hotel "
March 29, 2002 Editorial
"It would, after all, increase the number of rooms tn the hotel by
a fifih "
FA C TS
New ordinance not needed for 3Pt Street hotel density
Developer could bmld 341 rooms wtthout the amendment
"The permttted hotel umt density for a hotel/motel facdtty to be
constructed on the 31s' Street developer's Oceanfront Parcel ts
341 hotel room units"
Letter dated January 7, 2002
From Karen Lasley,
Vtrgtnta Beach Zomng Admtmstrator
(The developer was proposing a I 68-umt hotel, tt was the City that
tnststed and requtred the hotel be an approximate 300-umt hotel tn
order to be full service, four-star and capable of servtng the hoped for
expanston of the Conventton Center at some potnt tn the future)
Height was always 199. S feet
Aprtl 9, 2002
- 12-
AGENDA RE VIEW SESSION
ITEM # 49496 (Continued)
"It would be 199 5feet tall, a mere stx tnches short of the 200-
foot hmtt set by zoning laws"
Virginian Pilot, September 16, 199&
*Not about hetght tts about open space
200-foot hotel can be butlt wtth or wtthout amendment
Wtthout amendment, hotel footprmt btgger- park smaller
Tradtng att space for open space
*The Ctty Manager referenced the power potnt deptctton of the hotel and advtsed the step back area ts
shown by the trtangle area (additional development envelope) whtch ts the key to the amendment The
addtttonal volume of butldmg allowed ts represented tn that triangular area The hotel ts allowed to have
the same number of rooms tn a narrower configuratton Thts provtdes an open vtsta up to the ocean Wtthout
thts amendment, the hotel would have to be wtder and the park smaller
Policy not driven by hotel project
It was catalyst but policy driven by 1994 "Oceanfront Resort Area
Concept Plan"
"We must conttnue to elevate level of amemty and to dtverstfy
tt as greatly as posstble Thts tncludes opentng and tmprovtng
vtstas to the ocean"
Not First Initiative
Conststent efforts for open space/ocean vtstas/connecttons
17'h Street Park
24'h Street Park
Rudee loop Plan
1~7h Street Corrtdor Planmng
Boardwalk wtdentng
Fort Story
North Beach connecttons
Btg Beach
In the last four (4) years wtth the Seawall and Beach project, a total of 93 acres has been created by
ad&ttonal green space and beach east of the hotels along Atlanttc Avenue
Consider Ordinance on Merits - Not on Controversy
Thinner hotels, small footprint create
More open space
More ocean vistas
More connections
Public Access
Open space must be permanently dedicated to pubhc use, be relattvely
unobstructed and ensure the abdtty of the pubhc to access the
Boardwalk and beach by ustng the open space
RT 1 Draft Ordinance on hotel heights
Aprtl 9, 2002
- 13-
AGENDA RE VIE W SESSION
ITEM # 49496 (Continued)
What Other's Say
"197~at they're propostng has mertt"
Jimmy Capps, Vtrgtnta Hospttahty and Travel Association Chair
"Ad&ttonal, hetght ts a small prtce to pay for more space at ground level"
Phtl Crannell, Archttect wtth Gee & Jenson, West Palm Beach Flortda
"Mark Stutz of Duke Umverstty's program for the Study of
Development Shorehnes satd he supports Vtrgtnta Beach's effort to
create more open space Thts ts one of the more tnterestmg
approaches I've seen "
"In Daytona Beach, the taller the hotel, the btgger the gaps between
bmldmgs, prectsely the effect Vtrgtnta Beach planners are seekmg "
Vtrgtntan-Ptlot news arttcles, March 2002
The Ctty Manager advtsed a 200-foot hotel would equate to approxtmately twenty (20) stortes Karen
Lasley, Zomng Admtntstrator, advtsed the Or&nance reqmres a perpetual easement or some other legal
tnstrument approved by the Ctty Attorney's office Thts would keep the property on the tax rolls
The Ctty Manager advtsed the Ramada at 57'h ts 175feet The Oceans ts approximately 200feet
ITEM # 4949 7
BY CONSENSUS, the followmg shall compose the PLANNING BY CONSENT AGENDA:
I1
Apphcatton of COLONEL WILLIAM H. and JO A.
GALLUP for an enlargement/ conversion of a
nonconforming use and add an addition, enclose
the deck and shed wtth a second floor addttton to
the structure at 304 45'h Street, contatmng 6,477 5
square feet
(BEACH- DISTRICT 6)
13
Apphcatton of EDWARD M. WILLIAMS for a
Vartance to 3~ 4 4(b) of the Subdtvtston Ordmance
which reqmres all newly created lots meet all the
requtrements of the Ctty Zoning Ordtnance (CZO)
at 1505 Quad Pomt Road
(DISTRICT 5 - L YNNHA VEN)
14
Apphcatton of VOICE STREAM WIRELESS for a
Condtttonal Use Permtt re a commumcatton tower
at the southeast tntersectton of Holland Road and
Dam Neck Road (3040 Holland Road) contatmng
400 square feet
(DISTRICT 7 - PRINCESS ANNE)
15
Apphcatton of VIRGINIA BEACH UNITED
METHODIST CHURCH for a Conchttonal Use
Permtt re a church/commerctal parktng lot at the
southeast corner of Pactfic Avenue and 20'~ Street
on Lot 18, Block 41, Lot 20, Block 41 and Lot 22,
Block 41 (208, 210 and 212 20'~ StreeO contatntng
21,000 square feet
(DISTRICT 6 - BEA CH)
Item I 1 wtll be DEFERRED INDEFINITEL Y, B Y CONSENT
Counctl Lady McClanan wtll vote NAY on Item L4.
Item 15 Condttton No 8 re landscaptng wtll be deferred for one year, B Y CONSENT Counctl Lady Parker
will ABSTAIN as she ts a member of the Vtrgtnta Beach Umted Metho&st Church
April 9, 2002
-14-
CITY COUNCIL COMMENTS
5:38 P.M.
ITEM # 49498
Vice Mayor Sessoms advtsed he attended the Audtt and Budget Meettng of Hampton Roads Transportatton
Commtsston (HRT) today, Aprd 6, 2002 The defictt for the Ctty ts approxtmately $5700. Thts ts certatnly
less than anticipated Portsmouth's deficit is $171,000. The formal audtt wdl not be received untd May,
however, these amounts have been presented to the Audttors Approxtmately $2.4-MILLION m funding was
found, whtch had been left out of thts year's Budget The salartes were encompassed, but not the benefits
The revenues are constderably htgher than anttctpated A grant wtll assist in offsetttng thts defictt
ITEM # 49499
Councdman Jones requested the City Managerprovtde a memo relattve the effects of the Governor Warner's
proposal concernmg tmposmg a five-dollar ($5 00) per ton fee on sohd waste dtsposed of at Vtrgmta
landfills The funds generated would be approxtmately $76-MILLION.
Counctlman Branch referenced the funds betng utthzed to preserve open space, approxtmately $1. 7-
MILLION.
The City Manager shall provide further information
ITEM # 49500
Council Lady Henley referenced the Randall Arendt Presentation "Principles of Rural Design ", scheduled
for the Owl's Creek Pavthon Theater at the Marme Sctence Museum, Thursday, Aprd 11, 2002, 900A M
to 12 O0 NOON
ITEM # 49501
Counctl Lady Wdson suggested as the proposed Conventton Center wtll need to be expanded m five to seven
years, thts Ctty should keep the Pavilion Convention Center and theatre and butld a new Conventton Center
across the street on Nineteenth Street
Mayor Oberndorf referenced the second paragraph of her and Vtce Mayor Sessoms ' correspondence to all
Members of Ctty Counctl, dated February 27, 2001 re Major Projects Recommendattons
"Although thts facthty can easily cost between $15 and $45-MILLION,
we do have the potenttal of a prtvate sector partner wtth a more
expenstve facthty, and our suggestton ts that we provtde up to $20-
MILLION for thts theatre We wall resolve the concept and the
placement through an extenstvepubhc commentprocess, but these two
projects combtned, the Pavthon replacement and the new theatre, total
$213-MILLION "
Councdman Branch advtsed the Pavthon Steertng Commtttee should be presented wtth thts concept to
revtew The potnt has not been suffictently emphasized relative private sector participation Councdman
Branch ts very disappointed tn the Editorial relative ceasing the process
Councd Lady Henley tnqutred whether anythtng was betng done to develop a prtvate fund ratstng effort
Counctl Lady Henley ctted examples of the Harrtson Opera House and the Vtrgmta Marine Sctence Museum
Councdman Branch advtsed thts was the next phase of the recommendation from the consultant
Counctl Lady McClanan beheves the dectston relattve movtng the theatre to the Town Center was based on
set of facts The prtce was less than 'half of the amount being dtscussed
Councd Lady Eure advtsed the consultants are meeting with the City Councd, one-on -one, but the enttre
Ctty Council does not confer relative thetr tndtvtdual ideas Councilman Branch advised much parking
would not be necessary tf the theatre were located at Town Center Many more parkmg spaces would have
to be butlt tf the theatre were not tn conjunctton wtth another development
Counctlman Man&go advised the Pavdton Theatre ts more hke a high school au&tortum than a performtng
arts theatre
Aprtl 9, 2002
- 15-
ITEM # 49502
Mayor Meyera E Oberndorf , called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the City Counctl Conference Room, Ctty Hall Butldmg, on Tuesday, Aprtl 9, 2002, at 5 42
PM
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and
Wtlham D Sessoms, Jr
Counctl Members Absent
Rosemary Wtlson
April 9, 2002
-16-
ITEM t4 49503
Mayor Meyera E Oberndorf entertained a motion to permit Ctty Counctl to conduct tts CLOSED
SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgmta, as amended, for the followmg purpose
PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews of
prospecttve can&dates for employment, asstgnment, appotntment,
promotton, performance, demotton, salartes, &sctphntng, or
restgnatton of spectfic pubhc officers, appotntees, or employees
pursuant to Sectton 2 1-344 (A) (1)
To Wit Appointments
Boards and Commissions
Commumty Services Board
Vtrgtnta Beach Health Services Advisory Board
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the
acqutsttton of real property for a pubhc purpose, or of the &sposttton
of pubhcly-held real property, where &scusston tn an open meettng
would adversely affect the bargatntngposttton or negottattng strategy
of the pubhc body pursuant to Sectton 2 1-344(A)(3)
31st Street ProJect
Lynnhaven Mall
LEGAL MA TTERS Consultation with legal counsel or briefings by
staff members, consultants, or attorneys pertatntng to actual or
probable httgatton, or other spectfic legal matters requesting the
provtston of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7)
Contractual Negottatton 31s' Street ProJect
Lynnhaven Mall
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Man&go, Ctty Council voted to proceed
mto CLOSED SESSION.
Vottng 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, dr
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker and
Vtce Mayor Wtlham D Sessoms, dr
Counctl Members Vottng Nay
None
Councd Members Absent
Rosemary Wilson
Council Lady Wtlson was absent durtng the &scusston of Mst Street Counctl Lady Wtlson DISCLOSED
her husband ts a prmctpal tn the accountmgfirm of Goodman and Company and earns compensatton whtch
exceeds $10,000 O0 annually Goodman and Company has provtded accountmg and tax servtces related to
31" Street and the Beach Quarters Inn The Ctty Attorney has advtsed that she ts requtred to &sclose any
personal tnterest as tt meets the crlterta of a personal tnterest tn the transactton under the Confltct of
Interests Act and ts dtsquahfied from parttctpatmg tn thts transactton Counctl Lady Wtlson's letter of Aprtl
9, 2002, ts hereby made a part of the record
(Time of Closed Session: 5:42 - 6:20 P.M.)
Aprtl 9, 2002
-I7-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
April 9, 2002
6:20 P.M.
Mayor Meyera E Oberndorf, called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, Aprtl 9, 2002, at 6 20 P M
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, dr,
Barbara M Henley, Louts R dones, Reba S McClanan, Robert C
Mandtgo, dr, Mayor Meyera E Oberndorf, Nancy K Parker,
Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, dr
Counctl Members Absent
None
INVOCATION
Reverend dames R Wolfcale
Atlanttc Shores Bapttst Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED the only matters on the
agenda tn whtch he has a "personal interest", as defined tn the Act, etther tndtvtdually or tn hts capactty as
an officer of Wachovta Bank whtch recently merged wtth Ftrst Unton Nattonal Bank ts (H 1 Ttdewater-
Oxford Ltmtted Partnershtp) The Vtce Mayor regularly makes thts Dtsclosure as he may not know of the
Bank's tnterest tn any apphcatton that may come before Ctty Counctl Vtce Mayor Sessoms' letter February
5, 2002, ts hereby made a part of the record
Aprtl 9, 2002
Item V-E.
- 18-
CERTIFICATION OF
CLOSED SESSION
ITEM # 49504
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Eure, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meeting
requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch
thts certtficatton resolution apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motton
convenmg the Closed Session were heard, discussed or constdered by
Vtrgtnta Beach Ctty Counctl
Vottng 10-0
Counctl Members Vottng Ave
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, ,Ir,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, ,Ir, Mayor Meyera E Oberndorf Nancy K Parker and Vice
Mayor Wtlham D Sessoms, ,Ir
Counctl Members Voting Nay
None
Counctl Members Abstatntng
Rosemary Wtlson
Counctl Members Absent
None
Counctl Lady Wtlson ABSTAINED as she was absent durtng the chscusston of 3Pt Street Counctl Lady
Wtlson DISCLOSED her husband ss a prtnctpal tn the accounttng firm of Goodman and Company and
earns compensatton whtch exceeds $1 O, 000 O0 annually Goodman and Company has provtded accounting
and tax servtces related to 31s' Street and the Beach Quarters Inn The Ctty Attorney has advtsed that she
ss required to disclose any personal interest as st meets the criteria of a personal tnterest tn the transaction
under the Confltct of Interests Act and ts dlsquahfied from parttctpatmg tn thts transactton Counctl Lady
Wtlson's letter of Aprtl 9, 2002, ts hereby made a part of the record
Aprtl 9, 2002
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM it ITEM it 49502, page 15, and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2 2-3711(A) 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.
R~th Hodges Smith, MMC
City Clerk
April 9, 2002
Item V-F. 1.
- 19-
MINUTES
ITEM # 49505
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd APPROVED the
Mmutes of the INFORMAL AND FORMAL SESSIONS of April 2, 2002, as CORRECTED:
CITY MANA GER 'S BRIEFING
KEMPS VILL E/PRINCESS ANNE/WITCHD UCK ROADS INTERSECTION
Page 2, ITEM # 49465, fourth paragraph, re Emmanuel Episcopal Church:
They wtshed to have the new ahgnment be ~ ~,~,~ ,~, as far_from the
Church as possible
Vottng 10-0
Councd Members Votmg Aye
Lmwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Reba S McClanan, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf Nancy K Parker, Vice Mayor Wdham D Sessoms,
Jr and Rosemary Wdson
Councd Members Voting Nay
None
Council Members Abstaining
Louts R clones
Council Members Absent
None
Councdman Jones ABSTAINED as he was not tn attendance durtng the Formal Ctty Councd Session of
Aprd 2, 2002, he left due to dlness
Aprtl 9, 2002
Item V-G.I.
- 20-
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 49506
B Y CONSENSUS, Ctty Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
Aprd 9, 2002
Item V-G. 2.
- 21 -
ITEM # 49507
Mayor Oberndorf recogmzed the followtng Boy Scouts tn attendance to earn the Ctttzenshtp tn Communtty
Merit Badge
TROOP 362
Sponsored by: Community United Methodist Church
Keith Stolte, Jr.
Billy Serge
Aprtl 9, 2002
Item V-H. 1.
- 22 -
RES OL UTIONS/ORDINANCES
ITEM # 49508
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Resolutton re re-tssuance of the Development Authority's Multi-Family
Housing Revenue Refunding Bonds:
Ttdewater-Oxford Ltmtted Partnershtp Not to exceed
3001 Reflecttons Way $26,800,000
(ROSE HALL - DISTRICT 3)
Vottng 9-0 (By Consent)
Council Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker and Rosemary Wdson
Councd Members Voting Nay
None
Counctl Members Abstatntng
Vtce Mayor Wtlham D Sessoms, Jr and Wdham W Harrtson, Jr,
Counctl Members Absent
None
Vice Mayor Sessoms DISCLOSED and ABSTAINED, pursuant to Sectton 2 2-3115(E), Code of Vtrgtnta,
he ts an officer of Wachovta Bank and the bank ts servmg as Trustee for the bonds Vtce Mayor Sessoms
letter of Aprtl 9, 2002, ts hereby made a part of the record
Councdman Harrtson ABSTAINED as hts law firm provtdes legal servtces to the apphcant
Aprtl 9, 2002
City of Virginia
OUR N~
WILLIAM D SESSOMS JR
VICE MAYOR
(757) 473-3926
FAX (757) 426-5669
4506 ATLANTIC AVENUE
VIRGINIA BEACH VA 23451
Apnl 9, 2002
Mrs. Ruth Hodges Smith, MMC
City Clerk
Mumclpal Center
V~rglma Beach, Virginia 23456
Dear Mrs. Smith:
Re. Abstention Pursuant to Section 2.2-3115(E), Code of Virginia
Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(E), Code ofVlrglma, I
make the following declaration:
I am executing this written disclosure regarding City Council's d~scusslon and vote
on the resolution approving the re-issuance of Multlfamdy Housing Revenue
Refunding Bonds for the Tidewater-Oxford Project.
The nature of my personal ~nterest ~s that I am an officer of Wachowa Bank, and the
bank is serving as trustee for the bonds
o
I wish to d~sclose this interest and abstain from participating in consideration of the
resolution approving the re-~ssuance of Multlfamdy Housing Revenue Refunding
Bonds for the T~dewater-Oxford Project.
Accordingly, I respectfully request that you record this declaration in the official records of
C~ty Councd I have enclosed an opinion letter from the City Attorney's Office, which addresses this
same matter.
Mrs. Ruth Hodges Smith -2- April 9, 2002
Re: Abstention Pursuant to Section 2 2-3115(E), Code of Virginia
Thank you for your assistance ~n this matter
S~ncerely,
Wllll~a/m~~r
V~ce Mayor
WDS,Jr./RRI
Enclosure
V~ce-Mayor Wdham D Sessoms, Jr -3- March 19, 2002
asset value of the business.
Pursuant to {}2 2-3101 of the Act, a "personal interest in a transaction" exists
when an officer or employee or a member of his immediate family
has a personal interest in property or a business, or represents any
individual or business and such property, business, or represented
individual or business (1) is the subject of the transaction or (n) may
reahze a reasonably foreseeable d~rect or indirect benefit or detriment
as a result of the action of the agency consldenng the transaction.
Based on these defimt~ons, you have a "personal ~nterest" in Wachoma by virtue of your
receipt from Wachovla of more than $10,000 ~n annual income. The critical inquiry, therefore, ~s
whether, because of your personal interest in Wachovla, you have a "personal interest in a
transaction" which would approve the re-issuance of Multlfamlly Housing Revenue Refunding
Bonds for the Tidewater-Oxford Project.
Based upon the facts presented, Wachovla is not the subject of the transaction. The final step
in the "personal interest in a transaction" analys~s is to determine whether it ~s reasonably foreseeable
that Wachovla may realize a direct or indirect benefit or detriment as a result of Councd's vote on
the resolution approving the re-issuance of Multffamlly Housing Revenue Refunding Bonds for the
Tidewater-Oxford ProJect.
If approved, the resolution will result ~n the Development Authority re-issuing the bonds.
If the bonds are re-issued, Wachovla will receive $4500 annually for the next twenty-rune years, for
a total of $130,500. It is therefore reasonably foreseeable that Wachovla may reahze a direct or
indirect benefit or detriment as a result of Council's vote on the resolution. Therefore, it ~s my
op~mon that, pursuant to Vlrg~ma Code {} 2.2-3112 (A)(1), you must abstain from participating ~n
C~ty Council's d~scusslon of and vote on the resolution.
Please contact me should you desire any additional information.
Very truly yours,
Leshe L Lllley
C~ty Attorney
LLL/RRI
LESLIE L LILLEY
CITY ATTORNEY
City of Virginia Beach
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456-9004
(757) 427-4531
FAX (757) 426-5687
TDD (757) 427-4305
In Reply Please Refer to OP-753
April 9, 2002
Vice-Mayor Wilham D. Sessoms, Jr.
Virginia Beach City Council
Mummpal Center
V]rglma Beach, VA 23456
Re: Request for Conflict of Interests Act Op~mon
Dear Vice-Mayor Sessoms'
I am writing In response to your request for an op]mon as to whether you are precluded from
participating in City Council's d~scusslon of, and votes on, the resolution approving the re-issuance
of Multifamily Housing Revenue Refunding Bonds for the Tidewater-Oxford ProJect.
SUMMARY CONCLUSION
Based on my review of the State and Local Government Conflict of Interests Act and the
facts provided by you, I am of the op]mon that you do have a personal interest in the resolution
approving the re-Issuance of Multlfamdy Housing Revenue Refunding Bonds for the Tidewater-
Oxford ProJect. Therefore, the Conflicts of Interest Act would prohibit you from participating in the
Councd's discussion of, and votes on, the resolution.
I base the aforesmd conclusion on the following facts which you have presented. Please
review and verify the accuracy of the facts set forth herein as you may only rely upon this op~mon
to the extent that those facts are complete and accurate
Proud Rec~ptent of the 1998 U S Senate Medalhon of Excellence for Produchvtty and ~uahty tn the Pubhc Sector
Vice-Mayor Wllham D Sessoms, Jr
-2- March 19, 2002
FACTS PRESENTED
Prior to September 1, 2001, you were an officer of Wachovia Bank On September 1,
Wachovla Bank merged with First Umon National Bank ("F~rst Umon") The new corporation ~s
known as "Wachovia," and you continue to serve as an officer, earning an annual income of more
than $10,000.
Prior to merger, the Development Authority authorized the issuance of the original bonds for
the Tidewater-Oxford Project. The Development Authority has now requested City Council to
approve the reqssuance of the bonds. F~rst Umon serves as bond trustee and, ff the bonds are re-
issued, First Umon anticipates rece~wng as compensation for ~ts services $4500 annually until the
year 2031. Council is now considering a resolution approving the re-issuance of the bonds. If
Council approves the resolution, the Development Authority will re-issue the bonds
ISSUE PRESENTED
May you participate ~n C~ty Council's d~scuss~on of, and votes on, the resolution approwng
the reqssuance of Multifamfly Housing Revenue Refunding Bonds for the T~dewater-Oxford
ProJect?
DISCUSSION/CONCLUSION
The State and Local Government Conflict of Interests Act is set forth In § 2.2-3100 et seq.
of the Code of V~rglma (1950), as amended. The primary focus of the Act ~s on the personal
~nterests of an officer or employee of state or local government ~n the transactions of, and contracts
with, the governmental or advisory agency of which he or she is a member
"Personal interest" is defined in § 2.2-3101 of the Act as
[a] financial benefit or habflity accruing to an officer or employee or
a member of h~s immediate family. Such ~nterest shall ernst by
reason of (i) ownership in a business ~fthe ownership ~nterest exceeds
three percent of the total equity of the business; (ii) annual income
that exceeds, or may reasonably be anticipated to exceed, $10,000
from ownership in real or personal property or a business; (ni) salary,
other compensation, fringe benefits, or benefits from the use of
property or any combination thereof, prod or provided by a bus~ness
that exceeds, or may reasonably be anticipated to exceed, $10,000
annually; 0v) ownership of real or personal property If the ~nterest
exceeds $10,000 in value and excluding ownership ~n a business,
income, or salary, other compensation, fnnge benefits or benefits
from the use of property; or (v) personal liability incurred or assumed
on behalf of a business ~f the habfl~ty exceeds three percent of the
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA
(Tidewater-Oxford Project)
WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has
considered the application of Tidewater-Oxford Limited Partnership, a Maryland limited
partnership (tho "Borrower"), for the re-issuance of the Authority's $13,998,250 Multifamily
Housing Revenue Refunding Bonds, 1996 Series A (the "Series A Bonds") and the Authority's
$11,645,926 Multifamily Housing Revenue Refunding Bonds, 1996 Series B (the "Series B
Bonds", together with the Series A Bonds, the "Bonds") that refunded all of the Authority's
$26,800,000 1985 Multifamily Mortgage Revenue Bonds (Tidewater-Oxford Project) (the "1985
Bonds"), the proceeds of which were used to make a loan to the Borrower to finance the
acquisition, construction, and equipping of a 480-unit multifamily rental housing project kmown
as Reflections located at 3001 Reflections Way in the City of Virginia Beach, Virginia (the
"Project"), twenty percent (20%) of which is for occupancy by individuals of low or moderate
income, and has held a public heating thereon on March 19, 2002; and
WHEREAS, the Authority has recommended that the City Council (the "Council") of the
City of Virginia Beach (the "City") approve the re-issuance of the Bonds by the Authority to
comply with Section 147(0 of the Internal Revenue Code of 1986, as amended, and proposed
final Treasury regulations issued thereunder; and
WHEREAS, a record of the public hearing held hereon has been filed with the Clerk of
thc Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH:
1. The holding of a public hearing with respect to the re-issuance of the Bonds by
the Authority at 8:30 a.m. on March 19, 2002 prior to this meeting, at One Columbus Center,
Suite 300, Virginia Beach, Virginia, in accordance with the requirements of' Section 147(0 o£ the
Internal Revenue Code of 1986, as amended, is hereby ratified.
2. The Council approves the re-issuance of the Bonds by the Authority for the
benefit of the Borrower, to the extent of and as required by Section 147(0 of tile Internal
Revenue Code.
3. The approval of the re-issuance of the Bonds, as required by Section 147(0, does
not constitute an endorsement of the Bonds or the creditworthiness of the Borrower, and the
Bonds shall provide that neither the City nor the Authority shall be obligated to pay tile Bonds or
the interest thereon or other costs incident thereto except from the revenues and moneys pledged
i-436976 I
3121102
therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, nor
the Authority shall be pledged thereto.
4. This Resolution shall take effect immediately upon its adoption.
Adopted by a majority of a quorum of the City Council of the City o[Virginia Beach,
Virginia, on 9 Ap~4-~-' 2002.
I certify the foregoing to be a true and correct copy of a resolution adopted by the City
Council of the City of Virginia Beach, Virginia, at a regular meeting held ~p r
2002. .
Dated:
_, 2002
C"'lerk, City Council of the City of Virginia Beach
Ruth Hodges smith, MMC
1.4369'/6 I
3121 I0!
· ,
·
o .
· ·
-
therefor, and neither the faith or credit nor thc taxing power of tile Commonwealth, the C~ty, nor
the Authority shall be pledged thereto.
4. This Resolution shall take effect immediately upon its adoption.
Adopted by a majority of a quorum of the City Council of tile City of Vnginia Beach,
Virginia, on 9 Apr±!. -, 2002.
I certify thc forcgoing to bc a true and corrcct copy of a rcsolution adopted by tile C~ty
Council of thc City of Virginia Beach, Virginia, at a regular meeting held Apr z 1 9 ,
2002.
Dated: . ,2002
Clerk, City Council of tile C~ty of Vi~ ginia Bcach
Ruth Hodges Smith, MMC
·
1 436976 I
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EXtlIBIT-A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
The Virginian-Pilot
WILLCOX & SAVAGE, P.
SUITE 1010
ONE COLUMBUS CENTER
VA BEACH, VA 23462
REFERENCE: 10047130
1219352
NOTICE OF PUBLIC HEA
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, Common-
wealth of Virginia and in the state of North
Carolina 2)That the advertisement hereto annexed
has been published in said newspaper on the date
stated.
PUBLISHED ON: 03/05 03/12
Notice
Hou
hot
to th~
tlon ~
Bonds
' bbh
Imay send written comrflent~ 3 I~earln~ to City of Virginia
Beach_ Development Authority, One .GOlumbus Center, Suite 300, Wr
glnla I~.a~h, Virginia 2.~462 The iKldress a~d ~rtnclpal pi§Ce of buak
ness of th~ Borrower Is TideWater Oxford Umlted Parl. nershlp c/o
AIMCO 2000 S O01o~dO BoUlevard, Tower Tw~,'Suite 2 1000 Denver
Colon~Jo 80222 ' ,' '
THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
~P March 5 and March 12,.2002 1219352 ,
TOTAL COST: 697.48 AD SPACE: 106 LINE
FILED ON: 03/15/.~_/_~_~2_iA%_=_- +
Legal Affiant:
Subsc~lbed an~ S~T~ to be~r~e,~in my ~ity and state on the day and year
afores~i~ this
Notary:~~.~~~~O~_k_My commission expires January 31, 2004
VIRGINIA
V~rgm~a Beach
Development Authorfly ,
One Columbus Center, Suite 300
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Webstte www. virgmia-beach va us/dept/econdev
E-marl ecdev@cityvirgmia-bcach.va us
March 19, 2002
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
ge~
Tidewater-Oxford Limited Partnership (Tidewater-Oxford ProjecO
Multifamily Housing Revenue Bonds
Dear Mayor Obemdorf and Members of City Council:
We submit the following in connection with project Virginia Wesleyan College located at
3001 Reflections Way in the City of 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 Exhibit B. The City of Virginia
Beach Development Authority's (the "Authority") resolution recommending Council's approval is
attached as Exhibit C.
(2) The Disclosure Statement is attached as Exhibit D.
(3) The statement of the Authority's reasons for its approval as a benefit for the City of
Virginia Beach and its recommendation that City Council approve the modification of the bonds
described above is attached as Exhibit E.
(4) The Fiscal Impact Statement is attached as Exhibff 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 Exhibff H is a letter from the appropriate City department commenting on
the Project.
RGJ/GLF/rab
Enclosures
Very truly yours,
EXHIBIT A
NOTICE OF PUBLIC HEARING
BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
ON PROPOSED REFUNDING REVENUE BOND FINANCING
Notice is hereby given that a public hearing will be held before the C~ty of V~rginia
Beach Development Authority (the "Authority"), on the reqssuance of its Rental Housing
Revenue Refunding Bonds (Tidewater-Oxford Project) 1996 Series A (the "Series A Bonds")
and its Rental Housing Revenue Refunding Bonds (Tidewater-Oxford Project) 1996 Series B
(the "Series B Bonds") in an aggregate principal amount not to exceed $26,800,000 (collectively,
the Series A Bonds and the Series B Bonds are referred to herein as the "Bonds"), pursuant to a
plan of financing and the approval of such Bonds by the Authority and by the C~ty Council of the
C~ty of Virginia Beach (the "City Council"). The Bonds were originally issued pursuant to
Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"), to refund all or a port~on
of the Authority's $26,800,000 Multifamily Mortgage Revenue Bonds (Tidewater-Oxford
Project) 1985 (the "1985 Bonds"), the proceeds of which were used to make a loan to Tidewater-
Oxford Limited Partnership, a Maryland limited partnership (the "Borrower"), to finance the
acquisition, construction, and equipping of a 480-unit multifamlly rental housing project known
as Reflections, located at 3001 Reflections Way in the City of Virginia Beach, Virginia, twenty
percent (20%) of which is for occupancy by individuals of low or moderate income.
The re-issuance of the Bonds as requested by the Borrower will not be deemed to
constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia, or the C~ty
of Virginia Beach, Virginia. Neither the Commonwealth of Virginia nor any political
sub&vision thereof, including the Authority, nor the City of Virg~ma Beach, Virginia shall be
obligated to pay the Bonds, or the interest thereon, or other costs incident thereto, except from
B 1-47520 i
2/25/02
the revenues and moneys pledged therefor, and neither the faith and credit nor the tatung power
of the Commonwealth of Virginia, nor any political subdivision thereof, is pledged to the
payment of principal of such Bonds or the interest thereon, or other costs ~ncidental thereto.
The public hearing, which may be continued or adjoumed, will be held at 8:30 a.m. on
Tuesday, March 19, 2002 before the Authority at One Columbus Center, Suite 300, Virginia
Beach, V~rginia. Any persons interested in the issuance of the Bonds or location or nature of the
project, may appear at the heating and present lus or her views and may send written comments
before such heanng to: City of Virginia Beach Development Authority, One Columbus Center,
Suite 300, Virginia Beach, Virginia 23462. The address and principal place of business of the
Borrower is: Tidewater-Oxford Limited Partnership, c/o AIMCO 2000 S. Colorado Boulevard,
Tower Two, Suite 2-1000, Denver, Colorado 80222.
THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
BI-47520 I
2/25/02 2
EXHIBIT B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
(Tidewater-Oxford Project)
The Chairman of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement of a public hearing on the request of Tidewater-Oxford Limited
Partnership, a Maryland limited partnership (the "Borrower"), and that a not~ce of the heating
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 14 days prior to
the hearing and the second publication being not more than 21 days prior to the heanng. 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:
Ms. Jennifer A. Vinson appeared on behalf of the Borrower. Ms. Vlnson gave a brief
description of the Project (below defined). She explained that this was a technical reissuance of
the Authority's $25,644,176 Multifamily Housing Revenue Refunding Bonds (Tidewater-Oxford
Project), 1996 Series A and 1996 Series B, the proceeds of which were used to refund the
Authority's $26,800,000 multifamily mortgage revenue bonds (Tidewater-Oxford Project) 1985,
the proceeds of which were used to finance the acquisition, construction, and equiping of a 480
unit multifamily rental housing project known as "Reflections" located at 3001 Reflections Way,
Virginia Beach, Virginia 23452 (the "Project"). She related that the Project was built in 1987
and public approval was given prior to the issuance of the original bond financing ~n 1985 and
prior to the issuance of the refunding bonds in 1996. This approval is being renewed again at
BI-47712 I
3/7/02
this time as technically required by the Internal Revenue Code because the final maturity date
and the weighted average life of the bonds is being extended. The original benefits of this
Project - the provision of safe, attractive and sanitary housing for low to moderate income
famihes within the City of Virginia Beach will continue after the modifications in the financing
have been made. As part of the modifications to the financing, the Borower will reserve and
extend the restrictions placed upon the Project when the initial bond finanmng was entered into
in 1985 thereby assuring the City of Virginia Beach that the benefits of the income restrictions
applicable to these apartments will continue. She closed her remarks by estimating a closing date
for the modifications during April, 2002.
No other persons appeared to address the Authority, and the Chairman closed the public
heating.
The Authority hereby recommends that the City Councd of the City of Virginia Beach,
Virginia approve the reissuance of the bonds 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.
BI-47712 i
3/7/02
EXHIBIT C
RESOLUTION AUTHORIZING A FIRST AMENDMENT TO THE BOND
DOCUMENTS WITH RESPECT TO CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITYMULTIFAMILY HOUSING REVENUE REFUNDING BONDS
1996 SERIES A AND 1996 SERIES B (TIDEWATER-OXFORD PROJECT)
WHEREAS, the City of Virginia Beach Development Authority (the "Issuer") has been
created and organized pursuant to and in accordance with the provisions of Chapter 643 of the
Virginia Acts of Assembly of 1964, as amended (the "Act"), for the purpose, among others, of
making loans for assistance in developing mulfifamily residential rental property for occupancy
by low and moderate income persons; and
WHEREAS, in 1985, the Issuer issued its $25,800,000 City of Virginia Beach
Development Authority, Multi-Family Mortgage Revenue Bond (the "Original Bonds") and
loaned the proceeds thereof to Tidewater-Oxford Limited Partnership (the "Developer") for the
purpose of financing the construction of a 480-unit multi-family residential rental project located
in Virginia Beach, Virginia (the "Project"); and
WHEREAS, in 1996, the Issuer issued two series of bonds designated as $13,998,250
Multifamily Housing Revenue Refunding Bonds, 1996 Series A (the "Series A Bonds") and
$11,645,926 Multifamily Housing Revenue Refunding Bonds, 1996 Series B (the "Series B
Bonds," together with the Series A Bonds, the "Bonds") pursuant to and in accordance with a
Trust Indenture (Series A) and a Trust Indenture (Series B) entered ~nto between the Issuer and
Crestar Bank, as predecessor in interest to First Union National Bank (the "Trustee"), both dated
as of November 1, 1996, (the "Series A Indenture" and "Series B Indenture", respectively) for
the purpose of refunding the Original Bonds; and
WHEREAS, the Developer executed the Series A Note and Series B Note, both dated
November 1, 1996, in favor of the Issuer in the principal amount of $13,998,000 and
$11,645,000, respectively, relating to the Series A Bonds and Series B Bonds (the "Series A
Note" and "Series B Note", respectively); and
WHEREAS, the Developer desires and it is proposed, to amend the Bonds, the Series A
Indenture, the Series B Indenture, the Series A Note, the Series B Note and certain other
documents evidencing or securing the Bonds (the "Bond Documents") as follows:
(a)
Amend and Restate the mandatory Sinking Fund Schedule attached as Exhibit C
to the Series A Indenture.
(b)
Amend and Restate the Schedule of Combined Rates attached as Exhibit C to the
Series B Indenture.
BI-47715 3
3/9/02 1
(c)
Amend and Restate the Quarterly Principal Payment Schedule attached as
Schedule A to the Series A Note.
(d) Amend and Restate the Maturity Date of the Bonds.
(e)
Amend and Conform the Bond Documents mutatis mutandis (without any further
action being required) as necessary to reflect the foregoing terms and the
provisions of the First Amendment, hereinafter defined.
WHEREAS, there has been presented to this meeting the form of a First Amendment to
Series A Trust Indenture, Series B Trust Indenture, Series A Financing Agreement, Series B
Financing Agreement, Series A Note, Series B Note, Series A Mortgage, Series B Mortgage and
Related Documents (Reflections) (the "First Amendment"), which the Issuer proposes to
execute, substantially in the form presented and attached hereto as Exhibit A, in order to carry
out the amendments described above, a copy of which shall be filed with the records of the
Issuer; and
WHEREAS, the Developer has described to the Authority the benefits which the Project
will continue to bring to the City of Virginia Beach, Virginia and its environs through the
provision of housing twenty percent (20%) ofwhich is for occupancy by individuals of low or
moderate income; and
WHEREAS, the Issuer has caused a notice of public hearing to be published in a
newspaper of general circulation in the City of Virginia Beach, Virginia, and has this date held a
public hearing with regard to the reissuance of the Bonds, all in accordance with Section 147(f)
of the Internal Revenue Code of 1986, as amended, the regulations ~ssued thereunder and § 15.2-
4906, Code of Virginia, 1950, as amended, and other applicable laws of the Commonwealth of
Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE ISSUER THAT:
o
follows:
The Issuer finds and determines that the Bond Documents shall be amended as
(a)
The Mandatory Sinking Fund Schedule attached as Exhibit C to the Series
A Indenture is hereby amended and restated in its entirety to read as set
forth on Schedule I to the First Amendment, attached hereto as Exhibit A.
(b)
The Schedule of the Combined Rates attached as Exhibit C to the Series B
Indenture is hereby amended and restated in its entirety to read as set forth
on Schedule II to the First Amendment, attached hereto as Exhibit A.
BI-47715 3
3/9/02 2
(c)
The Quarterly Principal Payment Schedule attached as Schedule A to the
Series A Note is hereby amended and restated in its entirety to read as set
forth on Schedule III to the First Amendment attached hereto as Exhibit A.
(d)
The Maturity Date of the Bonds is hereby extended to the date set forth in
the First Amendment.
(e)
The Bond Documents are hereby amended and conformed mutatis
mutandis (without any further action being required) as necessary to
reflect the terms and provisions of the First Amendment.
2. The First Amendment is hereby approved, in substantially the form submitted to
this meeting and attached hereto as Exhibit A, with such changes, insertions or omissions
(including, without limitation, a change of the date thereof) as may be approved by the Chairman
or the Vice Chairman of the Issuer, whose approval shall be evidenced conclusively by the
execution and delivery thereof. The execution, delivery and performance by the Issuer of the
First Amendment is authorized and directed.
3. All other acts of the officers and agents of the Issuer that are in conformity with
the purposes and intent of this Resolution and the First Amendment, including, but not limited
to, entering into such other documents as may be necessary to effectuate the transactions
contemplated herein, whether such acts occurred before or after the adoption of this Resolution,
are hereby ratified, approved and confirmed.
4. All costs and expenses in connection with the adoption of the First Amendment,
including, but not limited to, the administrative and closing fees of the Issuer and the fees and
expenses of Bond Counsel and Issuer's Counsel, shall be paid fi.om the Developer and the Issuer
shall have no responsibility therefor.
5. The seal of the Issuer is the same seal of which an impression appears below and
of which an original or a facsimile thereof is impressed or imprinted on each of the Bonds.
6. The Issuer hereby recommends that the City Council of the City of Virginia
Beach, Virginia approve the reissuance of the Bonds by the Issuer and directs the Chairman or
the Vice Chairman of the Issuer to transmit the Fiscal Impact Statement and a copy of this
Resolution to the City Council of the City of Virginia Beach, Virginia.
7. The proper representative of the Issuer is hereby authorized and directed to
transmit this recommendation to the City Council of the City of Virginia Beach, Virginia at its
next regular or special meeting at which the matter can be properly placed on the Council's
agenda for consideration.
8. This Resolution shall be effective immediately upon its passage.
ADOPTED: March 19, 2002
Secretary ~ '~~' (~'
City of Virginia Beach Development Authority
KUTAK ROCK LLP
DRAFT 3/26/02
Th~s instrument prepared outside the
Commonwealth of Virginia
After recording return to:
Kutak Rock LLP
State 2100
225 Peachtree Street, NE
Atlanta, GA 30303
Attention: David A. Nix, Esq.
Tax Id/General Parcel Number: 1497-31-2011
Th~s F~rst Amendment amends, but does not ~ncrease the ~ndebtedness secured by that certain Muitffamfly Deed of Trust, Assignment
of Rents and Security Agreement (Series A Note) recorded on 1 i/20/96 m Deed Book 3681 at page 1778, for whmh recording taxes have been
prod on the original amount of indebtedness of $13,998,250 as provided thereto Th~s instrument ~s therefore exempt from recording taxes
pursuant to Section 58 1-803D of the Code of V~rgm~a There ~s no amount subJect to tax
Th~s Fnst Amendment amends, but docs not ~ncrease the indebtedness secured by that ccrta, n Mult, fam, ly Deed of Trust, Ass,gnment
of Rents and Security Agreement (Series B Note) recorded on ! i/20/96 m Deed Book 3681 at page, 1790, for which recording taxes have been
prod on thc original amount of indebtedness of $1 i,645,926 as provided thereto Th~s instrument ,s therefore exempt from recording taxes
pursuant to Section 58 1-803D of the Code of V~rgmm There Is no amount subject to tax
FIRST AMENDMENT TO SERIES A TRUST INDENTURE, SERIES B TRUST
INDENTURE, SERIES A FINANCING AGREEMENT, SERIES B FINANCING
AGREEMENT, SERIES A NOTE, SERIES B NOTE, SERIES A MORTGAGE,
SERIES B MORTGAGE AND RELATED DOCUMENTS
(REFLECTIONS)
THIS FIRST AMENDMENT TO SERIES A TRUST INDENTURE, SERIES B TRUST
INDENTURE, SERIES A FINANCING AGREEMENT, SERIES B FINANCING
AGREEMENT, SERIES A NOTE, SERIES B NOTE, SERIES A MORTGAGE, SERIES B
MORTGAGE AND RELATED DOCUMENTS (REFLECTIONS) (th~s "First Amendment),
dated as of[ ], 2002, is entered into by and among T~dewater-Oxford
Limited Partnership, a Maryland limited partnership (the "Developer"); Merrill Lynch, P~erce,
Fenner & Smith Incorporated, as registered nominee for Merrill Lynch Portfolio Management
Inc., a Delaware corporation, as beneficial owner of the hereinafter defined Series A Bonds and
Series B Bonds (the "Bond Owner"); First Union National Bank, as trustee (the "Trustee"); the
C~ty of Virgima Beach Development Authority (the "Issuer"); and each of the "Project Owners"
as listed on Schedule IV attached hereto and made a part hereof.
WHEREAS, the Issuer and Crestar Bank, as predecessor to the Trustee, entered into that
certain Trust Indenture (Series A), dated as of November 1, 1996, relating to $13,998,250
V~rgima Beach Development Authority Multifamily Housing Revenue Refunding Bonds
(T~dewater-Oxford Project) 1996 Series A (said bonds, as amended, restated and/or
supplemented from time to time, the "Series A Bonds"; said Trust Indenture, as amended,
restated and/or supplemented from time to time, the "Series A Indenture"),
04-94868 07
WHEREAS, the Issuer and Crestar Bank, as predecessor to the Trustee, entered into that
certain Trust Indenture (Series B), dated as of November 1, 1996, relating to $11,645,926
Virginia Beach Development Authority Multifamily Housing Revenue Refunding Bonds
(Tidewater-Oxford Project) 1996 Series B (said bonds, as amended, restated and/or
supplemented from time to time, the "Series B Bonds"; said Trust Indenture, as amended,
restated and/or supplemented from time to time, the "Series B Indenture");
WHEREAS, the Issuer, Crestar Bank, as predecessor to the Trustee, and the Developer
entered into that Series A Financing Agreement, dated as of November 1, 1996, relating to the
Series A Bonds (as amended, restated and/or supplemented from time to time, the "Series A
Financing Agreement");
WHEREAS, the Issuer, Crestar Bank, as predecessor to the Trustee, and the Developer
entered ~nto that Series B Financing Agreement, dated as of November 1, 1996 relating to the
Series B Bonds (as amended, restated and/or supplemented from time to time, the "Series B
F~nancing Agreement"); ,
WHEREAS, the Developer executed that certain Series A Note, dated November 1, 1996,
in favor of the Issuer in the principal amount of $13,998,250 relating to the Series A Bonds (as
amended, restated and/or supplemented from time to time, the "Series A Note");
WHEREAS, the Developer executed that certain Series B Note, dated November 1, 1996,
in favor of the Issuer in the principal amount of $11,645,926 relating to the Series B Bonds (as
amended, restated and/or supplemented from time to time, the "Series B Note");
WHEREAS, the Developer executed that certain Multifamily Deed of Trust, Assignment
of Rents and Security Agreement (Series A Note), dated as of November 1, 1996, recorded on
November 20, 1996 in Deed Book 3681 at page 1778 of the Clerk's Office of the Circuit Court
of Virginia Beach, Virginia, in favor of Crestar Bank, as predecessor to the Trustee, secunng its
obligation under the Series A Note (as amended, restated and/or supplemented from time to t~me,
the "Series A Mortgage");
WHEREAS, the Developer executed that certain Multlfamlly Deed of Trust, Assignment
of Rents and Security Agreement (Series B Note), dated as of November 1, 1996, recorded on
November 20, 1996 in Deed Book 3681 at page 1790 of the Clerk's Office of the Circuit Court
of Virginia Beach, Virginia, in favor of Crestar Bank, as predecessor to the Trustee, securing its
obhgation under the Series B Note (as amended, restated and/or supplemented from t~me to time,
the "Series B Mortgage");
WHEREAS, Oxford Tax Exempt Fund II Limited Partnership, a Maryland limited
partnership (OTEFII"), Oxford Realty Financial Group, Inc., a Maryland corporation
("Servicer") and the project owners of multifamily and senior hving facilities (including the
Developer) which are signatories thereto, entered into (i)that certatn Series A Bond Poohng
Agreement Oxford Tax Exempt Fund II, dated as of November 1, 1996 relating to each of such
04-94868 07 2
project owner's Series A Bonds (as amended, restated and/or supplemented from time to time,
the "Series A Bond Pooling Agreement"), and (il)that certain Oxford Tax Exempt Fund II
Excess Revenue Agreement, dated as of November 1, 1996, relating to each such project
owner's Series A Bonds and the Series B Bonds (collectively, the "1996 Refunding Bonds") (as
amended, restated and/or supplemented from time to time, the "Excess Revenue Agreement");
WHEREAS, in connection with the purchase of the 1996 Refunding Bonds from OTEF II
by Merrill Lynch, Pierce, Fenner & Smith Incorporated ("MLPFS"), as registered nominee for
Merrill Lynch Portfolio Management Inc. (the "Bond Owner") under those certain Bond
Purchase Agreements of March23, 2001, March26, 2001, and April 24, 2001, MLPFS as
registered nominee for the Bond Owner was assigned the rights of OTEF II under each of the
Series A Bond Pooling Agreement and the Excess Revenue Agreement;
WHEREAS, in connection with the transfer of ownership of four (4) of the projects
underlying the 1996 Refunding Bonds, MLPFS, Servicer and the project owners which are
signatories thereto, entered into (i)that certain Amended and Restated Series A Bond Pooling
Agreement, dated as of [ ], 2002, relating to each such project owner's
Series A Bonds (as amended, restated and/or supplemented from time to time, the "Amended and
Restated Series A Bond Pooling Agreement"), and (ii)that ce~ain Amended and Restated
Excess Revenue Agreement, dated as of [. ], 2002, relating to the 1996
Refunding Bonds (as amended, restated and/or supplemented from time to t~me, the "Amended
and Restated Excess Revenue Agreement");
WHEREAS, with effect immediately prior to the entry into force of th~s First
Amendment, MLPFS, the Servicer, and each of the Project Owners have entered into a
termination and release of the Amended and Restated Series A Bond Pooling Agreement (the
"Series A Bond Pooling Termination Agreement") and a termination and release of the Amended
and Restated Excess Revenue Agreement (the "Excess Revenue Tenmnation Agreement");
WHEREAS, the Bond Owner and the Developer desire to amend the Series A Indenture,
the Series B Indenture, the Series A Financing Agreement, the Series B Financing Agreement,
the Series A Note, the Series B Note, the Series A Deed of Trust, the Series B Deed of Trust and
related documents as set forth herein (collectively, together w~th all documents evidencing,
relating to, and/or securing the same, including the Series A Bonds and the Series B Bonds, as
amended, restated and/or supplemented from time to time, the "Bond Documents"); and
WHEREAS, the other parties hereto are willing to consent to th~s F~rst Amendment at the
request of the Bond Owner and Developer.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as
follows:
AGREEMENT
Section 1. Defined Terms. Capitalized terms used, but not defined herein shall have the
meaning set forth ~n the Bond Documents.
04-94868 07 3
Section 2. Series A Indenture Mandatory Sinking Fund Redemption Schedule. Thc
Mandatory Sinking Fund Schedule attached as Exhibit C to thc Series A Indenture IS hereby
amended and restated in its entirety to read as set forth on Schedule I hereto.
Section 3. Series B Indenture Combined Interest Rate Schedule. The Schedule of'
Combined Rates attached as Exhibit C to the Series B Indenture is hereby amended and restated
in its entirety to read as set forth on Schedule II hereto
Section 4. Series A Note Quarterly Principal Payment Schedule. The Quarterly
Pnncipal Payment schedule attached as Schedule A to the Series A Note is hereby amended and
restated in its entirety to read as set forth on Schedule III hereto.
Section 5. Extension of Maturity Date. The maturity date is hereby extended to
November 1,2031.
Section 6. Governing Law. This First Amendment shall be governed by and construed
~n accordance with the internal laws of the Commonwealth of Virgima w~thout regard to
conflicts of law pnnciples.
Section 7. Amendment of Bond Documents. The part~es hereto, by their consent to
this First Amendment, agree that the Bond Documents hereby shall be and shall be deemed to be
amended and conformed mutatts muntadis (without any further action being reqmred) as
necessary to reflect the terms and provisions of this First Amendment and, to the extent of any
remaining inconsistency between the Bond Documents and th~s F~rst Amendment, this First
Amendment shall control. In the event that any rule of law shall require a writing s~gned by the
party to be charged with performance in order to accomphsh such an amendment of any one or
more of the Bond Documents, the parties hereto agree that this F~rst Amendment shall constitute
such a writing.
Section 8. Ratification. As amended hereby, the Bond Documents are ratified,
approved, and confirmed in all respects.
[Remainder of page intentionally left blank]
04-94868 07 4
[Signature page to First Amendment to Series A Trust Indenture, Series B Trust Indenture,
Series A Financing Agreement, Series B Financing Agreement, Series A Note, Series B Note,
Series A Mortgage, Series B Mortgage and Related Documents (Reflect~ons)]
TIDEWATER-OXFORD LIMITED
PARTNERSHIP, a Maryland hm~ted partnership
By: OAMCO XII, L.L.C., a Delaware hm~ted habfi~ty
company, ~ts Managtng General Partner
By: Oxford Realty F~nancml Group, Inc, a
Maryland corporation, a Member
By:
By:
Harry G. Alcock
Executive V~ce President
AIMCO/Bethesda Holdings, Inc, a
Delaware corporation, a Member
By:
Harry G. Alcock
Executive Vice President
STATE OF §
§
COUNTY OF §
This instrument was acknowledged before me on , 2002, by
Harry G. Alcock, Executive Vice President of AIMCO/Bethesda Holdings, Inc., a Delaware
corporation and Oxford Realty Financial Group, Inc., a Maryland corporation as members of
OAMCO XII, L.L.C., a Delaware limited liability company, managing partner of
TIDEWATER-Oxford Limited Partnership, a Maryland limited partnership, on behalf of said
partnership.
[NOTARY SEAL]
Notary
Print Name
Notary Pubhc, State of
My commission expires
O4-94868 07
[Signature page to First Amendment to Series A Trust Indenture, Series B Trust Indenture,
Series A Financing Agreement, Series B Financing Agreement, Series A Note, Series B Note,
Series A Mortgage, Series B Mortgage and Related Documents (Reflectlons)]
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
Name
Title
STATE OF )
)SS:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2002, by , who is Authorized Signatory of City of Vlrgima Beach
Development Authority, an entity organized under the laws of the Commonwealth of V~rgima,
on behalf of said entity. He/She is personally known to me or has produced a driver's hcense as
identification.
[NOTARY SEAL]
Notary
Print Name
Notary Pubhc, State of
My commission expires
[Signatures continued on following page]
04-94868 07
[Signature page to First Amendment to Series A Trust Indenture, Series B Trust Indenture,
Series A Financing Agreement, Series B Financing Agreement, Series A Note, Series B Note,
Series A Mortgage, Series B Mortgage and Related Documents (Reflectmns)]
MERRILL LYNCH, PIERCE, FENNER &
SMITH INCORPORATED, as registered
nominee for Merrill Lynch Portfolio
Management Inc.
By
Name
Authorized Signatory
STATE OF )
)SS:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2002, by , who is Authorized Signatory of Mernll Lynch, P~erce,
Fenner & Smith Incorporated, as registered nominee for Merrill Lynch Portfolio
Management Inc., a corporation organized under the laws of the State of Delaware, on behalf of
said corporation. He/She is personally known to me or has produced a driver's license as
identification.
[NOTARY SEAL]
Notary
Print Name
Notary Pubhc, State of
My commission expires
[Signatures continued on following page]
04-94868 07
[Signature page to First Amendment to Series A Trust Indenture, Series B Trust Indenture,
Series A F~nancing Agreement, Series B Financing Agreement, Series A Note, Series B Note,
Series A Mortgage, Series B Mortgage and Related Documents (Reflections)]
FIRST UNION NATIONAL BANK
By
Name
Title
STATE OF )
)SS:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ..,
2002, by ., who is the of First Union
National Bank, a national banking association, on behalf of said corporation. He/She ~s
personally known to me or has produced a driver's license as identfficat~on.
[NOTARY SEAL]
Notary
Print Name
Notary Pubhc, State of
My commission expires
[Signatures continued on following page]
04-94868 07
[Signature page to First Amendment to Series A Trust Indenture, Series B Trust Indenture,
Series A Financing Agreement, Series B Financing Agreement, Series A Note, Series B Note,
Series A Mortgage, Series B Mortgage and Related Documents (Reflectlons)]
FOX VALLEY-OXFORD LIMITED
PARTNERSHIP, a Maryland hm~ted parmersh~p
By: OAMCO X, L L.C., a Delaware hm~ted habfl~ty
company, ~ts Managing General Partner
By: Oxford Realty Fmanmal Group, Inc., a
Maryland corporatmn, a Member
By:
Harry G. Alcock
Executive Vice President
By: AIMCO/Bethesda Holdings, Inc., a
Delaware corporation, a Member
By:
Harry G Alcock
Executive Vice President
STATE OF §
§
COUNTY OF §
This instrument was acknowledged before me on , 2002, by
Harry G. Alcock, Executive Vice President of AIMCO/Bethesda Holdings, Inc., a Delaware
corporation and Oxford Realty Financial Group, Inc., a Maryland corporation as members of
OAMCOX, L.L.C., a Delaware limited liability company, managing partner of FOX
VALLEY-Oxford Limited Partnership, a Maryland limited partnership, on behalf of said
partnership.
[NOTARY SEAL]
Notary
Print Name
Notary Public, State of
My commission expires
[Signatures continued on following page]
04-94868 07
[Signature page to First Amendment to Series A Trust Indenture, Series B Trust Indenture,
Series A Financing Agreement, Series B Financing Agreement, Series A Note, Series B Note,
Series A Mortgage, Series B Mortgage and Related Documents (Reflections)]
ALLVIEW-OXFORD LIMITED PARTNERSHIP, a
Maryland hm~ted partnership
By: OAMCO X, L.L.C, a Delaware hm~ted habfl~ty
company, ~ts Managing General Partner
By' Oxford Realty F~nanc~al Group, Inc., a
Maryland corporation, a Member
By:
By:
Harry G. Alcock
Executive Vice President
AIMCO/Bethesda Holdings, Inc, a
Delaware corporation, a Member
By:
Harry G. Alcock
Executive V~ce President
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on , 2002, by
Harry G. Alcock, Executive Vice President of AIMCO/Bethesda Holdings, Inc., a Delaware
corporation and Oxford Realty Financial Group, Inc., a Maryland corporation as members of
OAMCO X, L.L.C., a Delaware limited liability company, managing partner of
ALLVIEW-Oxford Limited Partnership, a Maryland limited partnership, on behalf of said
partnership.
[NOTARY SEAL]
Notary
Print Name
Notary Public, State of
My commission expires
[Signatures continued on following page]
04-94868 07
[Signature page to First Amendment to Series A Trust Indenture, Series B Trust Indenture,
Series A Financing Agreement, Series B Financing Agreement, Series A Note, Series B Note,
Series A Mortgage, Series B Mortgage and Related Documents (Reflections)]
SCHAUMBURG-OXFORD LIMITED
PARTNERSHIP, a Maryland hmlted partnership
By: OAMCO XI, L.L C., a Delaware hm~ted habfl~ty
company, its Managing General Partner
By: Oxford Realty F~nanmal Group, Inc., a
Maryland corporatton, a Member
By:
By.
Harry G Alcock
Executive Vice President
AIMCO/Bethesda Holdings, Inc, a
Delaware corporation, a Member
By:
Harry G. Alcock
Executive V~ce President
STATE OF §
§
COUNTY OF §
This instrument was acknowledged before me on , 2002, by
Harry G. Alcock, Executive Vice President of AIMCO/Bethesda Holdings, Inc., a Delaware
corporation and Oxford Realty Financial Group, Inc., a Maryland corporation as members of
OAMCO XI, L.L.C., a Delaware limited liability company, managing partner of
SCHAUMBURG-Oxford Limited Partnership, a Maryland limited partnership, on behalf of said
partnership.
[NOTARY SEAL]
Notary
Print Name
Notary Pubhc, State of
My commission expires
[Signatures continued on following page]
04-94868 07
[Signature page to First Amendment to Series A Trust Indenture, Series B Trust Indenture,
Series A Financing Agreement, Series B Financing Agreement, Series A Note, Series B Note,
Series A Mortgage, Series B Mortgage and Related Documents (Reflections)]
WESTRIDGE-OXFORD LIMITED
PARTNERSHIP, a Maryland limited partnership
By: OAMCO XI, L.L.C., a Delaware hmlted liability
company, its Managing General Partner
By: Oxford Realty Financial Group, Inc., a
Maryland corporation, a Member
By:
By:
Harry G. Alcock
Executive Vice President
AIMCO/Bethesda Holdings, Inc., a
Delaware corporation, a Member
By:
Harry G. Alcock
Executive Vice President
STATE OF §
§
COUNTY OF §
This instrument was acknowledged before me on , 2002, by
Harry G. Alcock, Executive Vice President of AIMCO/Bethesda Holdings, Inc., a Delaware
corporation and Oxford Realty Financial Group, Inc., a Maryland corporation as members of
OAMCO XI, L.L.C., a Delaware limited liability company, managing partner of
WESTRIDGE-Oxford Limited Partnership, a Maryland limited partnership, on behalf of smd
partnership.
[NOTARY SEAL]
Notary
Print Name
Notary Public, State of
My commission expires
[Signatures continued on following page]
04-94868 07
[Signature page to First Amendment to Series A Trust Indenture, Series B Trust Indenture,
Series A Financing Agreement, Series B Financing Agreement, Series A Note, Series B Note,
Series A Mortgage, Series B Mortgage and Related Documents (Reflections)]
TRAVIS ONE-OXFORD LIMITED
PARTNERSHIP, a Maryland hm~ted partnership
By: OAMCO XII, L.L.C., a Delaware hmlted habfl~ty
company, its Managing General Partner
By: Oxford Realty F~nanc~al Group, Inc., a
Maryland corporation, a Member
By:
Harry G Alcock
Executive Vice President
By: AIMCO/Bethesda Holdings, Inc., a
Delaware corporation, a Member
By:
Harry G. Alcock
Executive Vice President
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on , 2002, by
Harry G. Alcock, Executive Vice President of AIMCO/Bethesda Holdings, Inc., a Delaware
corporation and Oxford Realty Financial Group, Inc., a Maryland corporation as members of
OAMCO XII, L.L.C., a Delaware limited liability company, managing partner of TRAVIS
ONE-Oxford Limited Partnership, a Maryland limited partnership, on behalf of said partnership.
[NOTARY SEAL]
Notary
Print Name
Notary Public, State of
My commission expires
[Signatures continued on following page]
04-94868 07
[Signature page to First Amendment to Series A Trust Indenture, Series B Trust Indenture,
Series A F~nancing Agreement, Series B Financing Agreement, Series A Note, Series B Note,
Series A Mortgage, Series B Mortgage and Related Documents (Reflections)]
MIDDLETOWN-OXFORD LIMITED
PARTNERSHIP, a Maryland limited parmershlp
By: OAMCO XI, L.L.C., a Delaware hm~ted habfl~ty
company, ~ts Managing General Partner
By: Oxford Realty Fmanmal Group, Inc., a
Maryland corporation, a Member
By'
Harry G. Alcock
Execuhve Vice President
By: AIMCO/Bethesda Holdings, Inc., a
Delaware corporation, a Member
By:
Harry G. Alcock
Executive Vice President
STATE OF §
§
COUNTY OF §
This instrument was acknowledged before me on , 2002, by
Harry G. Alcock, Executive Vice President of AIMCO/Bethesda Holdings, Inc., a Delaware
corporation and Oxford Realty Financial Group, Inc., a Maryland corporation as members of
OAMCO XI, L.L.C., a Delaware limited liability company, managing partner of
MIDDLETOWN-Oxford Limited Partnership, a Maryland limited partnership, on behalf of said
partnership.
[NOTARY SEAL]
Notary
Print Name
Notary Public, State of
My commission expires
[Signatures continued on following page]
04-94868 07
[Signature page to First Amendment to Series A Trust Indenture, Series B Trust Indenture,
Series A Financing Agreement, Series B Financing Agreement, Series A Note, Series B Note,
Series A Mortgage, Series B Mortgage and Related Documents (Reflections)]
SOUTHRIDGE-OXFORD LIMITED
PARTNERSHIP, a Maryland hm~tcd partnership
By: OAMCO X, L.L.C., a Delaware limited habfllty
company, ~ts Managing General Partner
By: Oxford Realty Financial Group, Inc., a
Maryland corporation, a Member
By:
Harry G. Alcock
Executive Vice President
By: AIMCO/Bethesda Holdings, Inc., a
Delaware corporation, a Member
By:
Harry G Alcock
Executive Vice President
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on , 2002, by
Harry G. Alcock, Executive Vice President of AIMCO/Bethesda Holdings, Inc., a Delaware
corporation and Oxford Realty Financial Group, Inc., a Maryland corporation as members of
OAMCO X, L.L.C., a Delaware limited liability company, managing partner of
SOUTHRIDGE-Oxford Limited Partnership, a Maryland limited partnership, on behalf of smd
partnership.
[NOTARY SEAL]
Notary
Print Name
Notary Pubhc, State of
My commisston expires
[Signatures continued on following page]
04-94868 07
SCHEDULE I
MANDATORY SINKING FUND REDEMPTION SCHEDULE
Payment Dates
July 15, 2002 - October 15, 2026
$0
Upon Maturity
$13,463,390
O4-94868 07
SCHEDULE II
COMBINED INTEREST RATE SCHEDULE
Interest Period
Interest Rate
Closing- Maturity
Not to exceed 8.25%
04-94868 07
SCHEDULE III
QUARTERLY PRINCIPAL PAYMENT SCHEDULE
PaYment Dates
July 1, 2002 - October 1,2031
Amount
$0
Upon Maturity
$13,463,390
04-94868 07
SCHEDULE IV
PARTIES TO SERIES A BOND POOLING AGREEMENT
AND EXCESS REVENUE AGREEMENT
Allview-Oxford Limited Partnership, a Maryland limited partnership
Fox Valley-Oxford Limited Partnership, a Maryland limited partnership
Middletown-Oxford Limited Partnership, a Maryland limited partnership
Schaumburg-Oxford Limited Partnership, a Maryland limited partnership
Southridge-Oxford Limited Partnership, a Maryland limited partnership
Tidewater-Oxford Limited Partnership, a Maryland limited partnership
Travis One-Oxford Limited Partnership, a Maryland limited partne,rship
Westridge-Oxford Limited Partnership, a Maryland limited partnership
04-94868 07
PI~R 15 2~02 12:39 ~ ~KHCO
EXHIBIT D
P. 02/E)2
DISCLOSURE STATEMENT
Date' March_l 9. 2002
Apphcant',~Name(s): ~/d.water-Oxford Limited
All Owll.r~ (//different from ~,~ppll¢~.O,
Type of Application:
Conditional Use Permit:
Street Closure:
To
Subdivision Vlr/ance:
Other: Refiandin~ Bon_d lssue(Techni,-al Reia.uazlee Under Fade. col Tax Law)
The folloY)in$ iS to be completed by or for the Applleantl
1, If the applicant is a CORPORATION, list all tho officers oft, he Corporation:
If the apphcant Il a PARTNF. R~HIP. FIRJV[ or other Unincorporated Organization, list all members or
p~ers In ~e organization:
DAMCO Xll, L.L,C.. Man.ina O~erml P~ner[_Aimco~ldewa~er. L .L C..~enc~3 m~cr;
Oxford Inves~ent Co~ora~an~ ~en~r~! ~ner: Oxford lnves.~t TI Com0ration. ~eneml pa~er,
The following l$ to be completed by or for the Ovmer (//'d~,~,,~.,
If the ow'net is a CORPORATION, liar all the officers oft. he Corporation:
If the owner Lia PARTNERSHIP, FIR~ or other Unincorporated Orgazfl~tlon, list ~!1 members or partners
tn the organization.
TIDEWATeR-OXFORD LIMITED PARTNI~RSHIP, a
Maryland limited partnership
BY:.
,~vlCO/Bethesdai, loldm~, hqc~ a
Delaware corpeeiti<~, a ]~dembet
Pn~l K. F~aldml
1.4~3 7.t3 I
3/I
VIRGINIA
'BEACH
EXHIBIT E
Virglma Beach
Development Authority ,
One Columbus Center, State 300
Virg~ma Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Webstte www virginia-beach va.us/dept/econdev
E-marl ecdev@c~tywrg~ma-beach va.us
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
MULTIFAMILY HOUSING REFUNDING BONDS
(TIDEWATER-OXFORD PROJECT)
1996 SERIES A AND 1996 SERIES B
The Authority recommends approval the captioned financing. The Reflections Apartments
facility (the "Project") was built in 1987 and public approval was given prior to the issuance of
the original bond financing in 1985. The approval is being renewed at this time as technically
required by the Internal Revenue Code because the weighted average hfe of the 1996 Bonds ~s
being extended. The original benefits of this Project - the prows~on of safe, attractive and
samtary housing for low to moderate income families within the City of Virginia Beach -
continues to be the basis for recommendation. The refinancing will preserve and extend the
restrictions placed upon the property when the initial bond financing was entered into in 1985,
thereby assuring the City of Virginia Beach that the benefits of the income restrictions applicable
to these apartments will continue.
EXHIBIT F
FISCAL IMPACT STATEMENT
(TIDEWATER-OXFORD PROJECT)
DATE: March 14, 2002
TO:
The City Council of the City of Virginia Beach, Virginia
PROJECT NAME: Tidewater-Oxford Limited Partnership, a Maryland limited partnership
TYPE OF
FACILITY:
A 480-unit multifamily rental housing project known as Reflections,
located at 3001 Reflections Way in the City of Virginia Beach, V~rgima
1. Maximum amount of financing sought:
$25,644,176.00
.
Taxable value of the facility's
real property
$23,974,000.00
.
Real property tax per year
using present tax rates
$ 292,482.80
,
Personal property tax per year
using present tax rates
$ N/A
.
Merchants' capital tax per year
using present tax rates
.
Estimated dollar value per year of
goods and services purchased locally
$223,500.00
,
Number of regular employees
on year-round basis
8. Average annual salary per employee
$26,000.00
The information contained in this Statement is based solely on facts and estimates
provided by Tidewater-Oxford Limited Partnership.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
Chairman ~
BI-47710 1
3! ! 9/02
MAR 14 2002 11:07 FR AIMCO B03 ?59 B226 TO 17576285659 P.OJ/OE
March 13, 2002
The attached Fiscal Impact Statement for Tidewater-Oxford Limited Partnership is true
and correct in all material respects.
TIDEWATER-OXFORD LIMITED
PARTNERSHIP, a Maryland limited partnership
By: OAMCO XII, L.L.C., a Delaware limited
liability company, its Managing General
Partner
By: Oxford Realty Financial Group, Inc., a
Maryland corporation, a Member
By:_/~,,~t<.' J,P'~.
Pa~ K.Fielding
Senior Vice President
By: AIMCO/Bethesda Holdings, Inc., a
Delaware corporation, a Member
Patti FL Fielding
Senior Vice President
** TOTAL PAGE.03 **
SUMi~~TSI~EET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
MULTIFAMILY HOUSING REVENUE REFUNDING BONDS
(TIDEWATER-OXFORD PROJECT)
1996 SERIES A AND 1996 SERIES B
1. PROJECT NAME:
Tidewater-Oxford Project
2. LOCATION:
3001 Reflections Way
Virginia Beach, Virginia 23452
o
DESCRIPTION OF PROJECT:
Re-issuance of the 1996 Bonds (due to extension
of maturity) which were originally ~ssued
to refinance the City of Virgima Beach
Development Authority's $26,800,000 Multifamily
Mortgage Revenue,,Bonds (Tide,,w, ater-Oxford
Project) 1985 (the' 1985 Bonds ), the proceeds of
whmh were used to make a loan to Tidewater-
Oxford Limited Partnership (the "Borrower") to
finance the acquisition, construction and eqmpp~ng
of a 480-unit multifamily rental housing project
known as "Reflections" located at 3001 Reflections
Way, Virginia Beach, V~rg~ma 23452.
4. AMOUNT OF BOND ISSUE: $26,800,000
5. PRINCIPALS:
OAMCO, XII, L.L.C., Managing General Partner
Oxford Investment Corporation, General Partner
Oxford Investment II Corporation, General Partner
6. ZONING CLASSIFICATION:
a,
Present zoning classification
of the Property: A-2
b. Is rezoning proposed? Yes
No X
If so, to what zoning
classification? N/A
The Authority recommends approval the captioned financing. The Project was built in 1987 and
public approval was given prior to the issuance of the original bond financing in 1985. The
approval is being renewed at this time as technically required by the Internal Revenue Code
because the weighted average life of the 1996 Bonds is being extended. The original benefits of
this Project - the provision of safe, attractive and sanitary housing for low to moderate income
families within the City of Virginia Beach - continues to be the basis for recommendation. The
refinancing will preserve and extend the restrictions placed upon theproperty when the initial
bond financing was entered into in 1985, thereby assuring the City of Virgima Beach that the
benefits of the income restrictions applicable to these apartments will continue.
1436969 i
3/21/02
EXHIBIT
City or Virgi
DEPARTMENT OF HOUSING AND
NEIGHBORHOOD PRESERVATION
(757) 426 5750
FAX (757) 426 5766
TDD (757) 426-5794
CODE ENFORCEMENT DIVISION
(757) 427 4421
March 18,2002
MUNICIPAL CENTER
BUILDING 18A
2424 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456 9083
Chairman, Virginia Beach, Development Authority
One Columbus Center, Suite 300
VIrginia Beach, VA 23462
FAX# 499-9894
Gary Fentress, Esq.
Office of the City Attorney
Municipal Center
FAX# 563-1167
RE:
Evaluation of Public Benefit
Tidewater-Oxford Project, a.k.a. Reflections Apartments
Multi-Family Rental Housing Bond Modification
480 Unit Multifamily Housing Complex
VBDA Agenda March 19, 2002
I have reviewed the information provided regarding the above referenced project. In my opinion a
public benefit is achieved by this facility providing a set aside oftwenty per cent of the units for Iow
or moderate income households.
Please let me know if you need anything further regarding this issue. Thank you.
/~erely,
Andrew M. Friedman
Director
Proud Rectptent of the 1998 U.S. Senate Medallion of Excellence for Productwtty and Quality tn the Public Sector
[Signature page to First Amendment to Series A Trust Indenture, Series B Trust Indenture,
Series A Financing Agreement, Series B Financing Agreement, Series A Note, Series B Note,
Series A Mortgage, Series B Mortgage and Related Documents (Reflections)]
SOUTHRIDGE-OXFORD LIMITED
PARTNERSHIP, a Maryland hm~ted partnershtp
By: OAMCO X, L.L.C., a Delaware hm~ted lmbfl~ty
company, ~ts Managing General Partner
By: Oxford Realty Fmancml Group, Inc., a
Maryland corporation, a Member
By:
By:
Harry G. Alcock
Executive V~ce President
AIMCO/Bethesda Holdings, Inc., a
Delaware corporation, a Member
By:
Harry G. Alcock
Executive V~ce President
STATE OF §
§
COUNTY OF §
This instrument was acknowledged before me on , 2002, by
Harry G. Alcock, Executive Vice President of AIMCO/Bethesda Holdings, Inc., a Delaware
corporation and Oxford Realty Financial Group, Inc., a Maryland corporation as members of
OAMCO X, L.L.C., a Delaware limited liability company, managing partner of
SOUTHRIDGE-Oxford Limited Partnership, a Maryland limited partnership, on behalf of said
partnership.
[NOTARY SEAL]
Notary
Print Name
Notary Pubhc, State of
My commission expires
[Signatures continued on following page]
04-94868 07
SCHEDULE I
MANDATORY SINKING FUND REDEMPTION SCHEDULE
Payment Dates
July 15, 2002 - October 15, 2026
$0
Upon Maturity
$13,463,390
04-94868 07
SCHEDULE II
COMBINED INTEREST RATE SCHEDULE
Interest Period
Interest Rate
Closing- Maturity
Not to exceed 8.25%
04-94868 07
.~
SCHEDULE III
QUARTERLY PRINCIPAL PAYMENT SCHEDULE
Payment Dates
July 1, 2002 - October 1,2031
Amount
$0
Upon Maturity
$13,463,390
04-94868 07
SCHEDULE IV
PARTIES TO SERIES A BOND POOLING AGREEMENT
AND EXCESS REVENUE AGREEMENT
Allview-Oxford Limited Partnership, a Maryland limited partnership
Fox Valley-Oxford Limited Partnership, a Maryland limited partnership
Middletown-Oxford Limited Partnership, a Maryland limited partnership
Schaumburg-Oxford Limited Partnership,
Southridge-Oxford Limited Partnership, a
a Maryland limited partnership
Maryland limited partnership
Tidewater-Oxford Limited Partnership, a Maryland limited partnership
Travis One-Oxford Limited Partnership, a Maryland limited partnership
Westridge-Oxford Limited Partnership, a Maryland limited partnership
04-94868 07
MAR 1S ~80~ 1~:~ ~R I~IMCO ........ ~l~ ?59 ~2a6 TO
--
!
EXHIBIT D
DISCLOSI/RE STATEMENT
Date' ~l~axch., 19. 2002
Apphcant'~ Name(s): .T~idewater-O~ford Limited Pm~?ershi~
Ali Owrlers (t/d~eerentfrom applicant),
Type of Application:
R. ezonln§: From
Conditlonn! IJs® Permit:
Street Closure:
To
Subdivision Vm'iance: . . ,
Other: ]~¢flandint Bon_d lsspe(Technlaal Rmhmuanan Under Fed~,l T~ Law)
The follo~ lng is to be completed by or for the Xppllemntf
1. If the npplJc~t la u CO.OPTION, lilt all ~a officers of~e Co~oratio,:
If the applicant is a PARTNF. R~HIP, FIR.I~ or other Unincorponued Organization, list all members or
pnrmers In the organization:
OAMCO XII. ]L..L.C:.. Mana~_ in_~ Oe~nral Pmtnet_:_Aimco/Tldewp~er. L L C..~mnctal pm-thor;
Oxford Invesm~ent C:ot~oratlon- aen~er&! partner: Oxford Inves.tm_ent 11 Con~qrntion. neneralpartner.
The following is to be completer[ by or for the Owner (g41r, n~,e--, ,,e ,~r/,e~)
If the owlet is · CORPORATION, list mil the officers ortho Corporation:
If the ov~er is a PAR. T~;-RSHIP, Fl]l,~ or other Unineorpornted Orgn.nlzatlon, list ali member~ or panners
in the organization;
TIDI~WATER-OXFORD LIMITED PARTNERSHIP, a
Maryland limited pmxnership
AlM~O/laethemdni. loidmlgs, bric., a
Member
ay' ~-" ~
PacU IC F~eldmg
Stnkr Ytce President
1-433733 I
3 / I $/02
VIRGINIA
'BEACH
EXHIBIT E
V~rg,ma Beach
Development AuthorIty ,
One Columbus Center, Suite 300
V~rgm~a Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Websste www virginia-beach va us/dept/econdev
E-mad ecdev@c,tywrgm~a-beach.va us
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
MULTIFAMILY HOUSING REFUNDING BONDS
(TIDEWATER-OXFORD PROJECT)
1996 SERIES A AND 1996 SERIES B
The Authority recommends approval the captioned financing. The Reflections Apartments
facility (the "Project") was built in 1987 and public approval was given prior to the issuance of
the original bond financing in 1985. The approval is being renewed at this time as techmcally
required by the Internal Revenue Code because the weighted average life of the 1996 Bonds ~s
being extended. The original benefits of this Project - the provision of safe, attractive and
sanitary housing for low to moderate income families within the City of Virginia Beach -
continues to be the basis for recommendation. The refinancing will preserve and extend the
restrictions placed upon the property when the initial bond financing was entered into in 1985,
thereby assuring the City of Virginia Beach that the benefits of the income restrictions applicable
to these apartments will continue.
EXHIBIT F
FISCAL IMPACT STATEMENT
(TIDEWATER-OXFORD PROJECT)
DATE: March 14, 2002
TO:
PROJECT NAME:
TYPE OF
FACILITY:
The City Council of the City of Virginia Beach, Virginia
Tidewater-Oxford Limited Partnership, a Maryland limited partnership
A 480-unit multifamily rental housing project known as Reflections,
located at 3001 Reflections Way in the City of Virginia Beach, Virginia
1. Maximum amount of financing sought:
$25,644,176.00
.
Taxable value of the facility's
real property
$23,974,000.00
,
Real property tax per year
using present tax rates
$ 292,482.80
.
Personal property tax per year
using present tax rates
$ N/A
,
Merchants' capital tax per year
using present tax rates
.
Estimated dollar value per year of
goods and services purchased locally
$223,500.00
,
Number of regular employees
on year-round basis
8. Average annual salary per employee
$26,00O.00
The information contained in this Statement is based solely on facts and estimates
provided by Tidewater-Oxford Limited Partnership.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By: R~
Chairman ~
BI-47710 1
3119/02
MAR 14 2002 11:07 FR AIMCO ~33 ?59 3~zb Iu 1Ybfb285659
March 13.2002
The attached Fiscal Impact Statement for Tidewater-Oxford Limited Partnership is true
and correct in all material respects.
TIDEWATER-OXFORD LIMITED
PARTNERSIHP, a Maryland limited partnership
OAMCO XII, L.L.C., a Delaware limited
liability company, it~ Managing General
Partner
By: Oxford Realty Financial Group, Inc., a
Maryland corporation, a Member
By:~
Patti K. Fielding
Senior Vice President
By: AIMCO/Bethesda Holdings, Inc., a
Delaware corporation, a Member
ByL ~,~~~"~_~ .. _
Patti K. Fielding
Senior Vice President
TOTAL PAGE.Og **
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
MULTIFAMILY HOUSING REVENUE REFUNDING BONDS
(TIDEWATER-OXFORD PROJECT)
1996 SERIES A AND 1996 SERIES B
1. PROJECT NAME:
Tidewater-Oxford Project
2. LOCATION:
3001 Reflections Way
Virginia Beach, Virginia 23452
.
DESCRIPTION OF PROJECT:
Re-issuance of the 1996 Bonds (due to extension
of maturity) which were originally issued
to refinance the City of Virginia Beach
Development Authority's $26,800,000 Multifamily
Mortgage Revenue Bonds (Tide,,w, ater-Oxford
Project) 1985 (the "1985 Bonds' ), the proceeds of
which were used to make a loan to Tidewater-
Oxford Limited Partnership (the "Borrower") to
finance the acquisition; construction and eqmpping
of a 480-unit multifamily rental housing project
known as "Reflections" located at 3001 Reflections
Way, Virginia Beach, Virginia 23452
4. AMOUNT OF BOND ISSUE: $26,800,000
5. PRINCIPALS:
OAMCO, XII, L.L.C., Managing General Partner
Oxford Investment Corporation, General Partner
Oxford Investment II Corporation, General Partner
6. ZONING CLASSIFICATION:
at
Present zoning classification
of the Property: A-2
b. Is rezoning proposed? Yes
No X
If so, to what zoning
classification? N/A
The Authority recommends approval the captioned financing. The Project was built in 1987 and
public approval was given prior to the issuance of the original bond financing in 1985. The
approval Is being renewed at this time as technically required by the Internal Revenue Code
because the weighted average life of the 1996 Bonds is being extended. The original benefits of
this Project - the provision of safe, attractive and sanitary housing for low to moderate income
families within the City of Virginia Beach - continues to be the basis for recommendation. The
refinancing will preserve and extend the restrictions placed upon theproperty when the initial
bond financing was entered into in 1985, thereby assuring the City of Virginia Beach that the
benefits of the income restrictions applicable to these apartments will continue.
1-436969 i
3/21/02
City of Vir g i
DEPARTMENT OF HOUSING AND
NEIGHBORHOOD PRESERVATION
(757} 426 5750
FAX (757) 426 5766
TDD (757) 426-5794
CODE ENFORCEMENT DIVISION
(757) 427 4421
Marcia 18, 2002
MUNICIPAL CENTER
BUILDING 18A
2424 COURTHOUSE DR~VE
VIRGINIA BEACH VA 23456 9083
Chairman, Virginia Beach, Development Authority
One Columbus Center, Suite 300
Virginia Beach, VA 23462
FAX# 499-9894
Gary Fentress, Esq.
OFfice of the City Attorney
Municipal Center
FAX# 563-1167
RE:
Evaluation of Public Benefit
Tidewater-Oxford Project, a.k.a. Reflections Apartments
Multi-Family Rental Housing Bond Modification
480 Unit Muitifamily Housing Complex
VBDA Agenda March 19, 2002
I have reviewed the information provided regarding the above referenced project, in my opinion a
public benefit is achieved by this facility providing a set aside oflwenty per cent ot' the units fo~ Iow
or moderate income households.
Please let me know if you need anything further regarding this issue. Thank you.
/~erely,
Andrew M. Friedman
Director
Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Prodttcttvtty and Ojtaltty tn the Public Sector.
Item V-H. 2.
- 23 -
RES OL UTIONS/ORDINANCES
ITEM # 49509
The followtng regtstered tn OPPOSITION
Joseph Mays, 1733 Grey Fratrs Chase, Phone 554-0446, represented the Vestry of Emmanuel Eptscopal
Church
Reverend John Baldwtn, 5181 Prtncess Anne Road, Phone 499-12 71, Pastor Emmanuel Eptscopal Church
Upon motton by Counctlman Man&go, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED:
Resolutton to AUTHORIZE the proposed design (Alternattve B) re
improvements at the intersection of Princess Anne, Kempsvtlle and
Wttchduck Roads
Voting 9-1
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Nancy K
Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Council Members Voting Nay
Mayor Meyera E Oberndorf
Council Members Abstatntng
Reba S McCIanan,
Counctl Members Absent
None
Council Lady McClanan ABSTAINED as she and her husband are owners of property relative thcs
tntersectton on Wttchduck Road
Aprtl 9, 2002
A RESOLUTION TO APPROVE A PROPOSED DESIGN FOR
IMPROVEMENTS AT THE INTERSECTION OF PRINCESS
ANNE, KEMPSVILLE AND WITCHDUCK ROADS
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WHEREAS, a Citizen Information Meeting was conducted
January 9, 2002, in the City of Virginia Beach by representatives
of the Virginia Department of Transportation after due and proper
notice for the purpose of considering alternates for the Princess
Anne Road/Kempsville Road/Witchduck Road Intersection Improvements
project (CIP #2-048/VDOT %0165-134-107) in the City of Virginia
Beach; and
WHEREAS, at the Citizen Information Meeting, drawings and
other pertinent information were made available for public
inspection in accordance with the state and federal requirements;
all persons and parties in attendance were afforded full
opportunity to participate, and representatives of the City of
Virginia Beach were present and participated; and
WHEREAS, a Citizen Advisory Committee ("CAC"), comprised
of stakeholders in the area of Princess Anne Road/Kempsville Road/
Witchduck Road intersection, has met on a monthly basis from March
to September, 2001 to develop and evaluate alternate improvement
scenarios; and
WHEREAS, the CAC met on March 20, 2002, to evaluate
comments received from the Citizen Information Meeting and to
choose a single preferred alternative from the four alternatives
shown and discussed at the meeting; and
WHEREAS, the CAC has been requested to provide input at
key points during the design stages of the project; and
WHEREAS, impacted property owners will continue to be
invited to participate in the CAC input process at those key points
of the design stage on this project; and
WHEREAS, the Council has expressed concern regarding
impacts to property owners; and
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44
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WHEREAS, the CAC recommends the selection of Alternative
"B" described in the attached Exhibit, which is incorporated by
reference herein; and
WHEREAS, the City Council had previously requested the
Virginia Department of Transportation to program this project; and
WHEREAS, the City Council has given careful consideration
to all of the foregoing matters;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA-
That the City Council hereby approves Alternative "B" as
the concept for design of the Princess Anne Road/Kempsville Road/
Witchduck Road Intersection Improvements project (CIP #2-048/VDOT
%0165-134-107), as described in the attached Exhibit; and that
feasible means to mitigate impacts to property owners will be
pursued.
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49
5O
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53
54
55
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 9 day of April , 2002.
CA-8441
Ordin/Noncode/altappres. wpd
April 3, 2002
R-4
APPROVED AS TO CONTENT-
Public Works Depa~tme%nt
APPROVED AS TO LEGAL SUFFICIENCY'
EXHIBIT
ALTERNATE B - description
With this alternate, the ultimate location of the intersection is shifted south approximately 600
feet This will relocate Princess Anne Road to a new alignment that will provide improved
geometry over the existing alignment This is an at-grade intersecuon with a traffic signal and will
provide three through-lanes, two left-turn lanes, and one right-turn lane in each d~rect~on (See
project location map) Constructing Princess Anne Road will be easier and quicker since traffic
could be maintained on the existing pavement while the new pavement is installed ~n its new
location
//
N.
i//
Item V-H. 3.
- 24 -
RES OL UTIONS/ORD INA NCES
ITEM # 49510
The followtng registered tn OPPOSITION:
Barbara Messner, P 0 Box 514, Phone 422-1902, expressed her concerns re the shortage of 70 pohce
officers and recommended these vacanctes be filled immediately
Upon motton by Councilman Harrison seconded by Vtce Mayor Sessoms, Ctty Councd ADOPTED
Ordmance to AMEND and REORDAIN 3g 21 321 2 of the Ctty Code re
maximum speed limits ("traffic calming") tn destgnated netghborhoods
L & d Garden
Acredale
Lake Shores
Mtddle Plantatton
Ltttle Neck
Brtghton on the Bay
Baylake Ptnes
Baylake Beach
Country Haven
Vottng 10-1
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Louts R clones, Robert C Man&go, dr, Mayor
Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms.
dr and Rosemary Wtlson
Counctl Members Vottng Nay
Reba S McClanan
Counctl Members Absent
None
April 9, 2002
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-321.2 OF THE CITY CODE
PERTAINING TO MAXIMUM SPEED LIMITS
IN DESIGNATED NEIGHBORHOODS
SECTION AMENDED' 21-321.2
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Code of the City of Virginia Beach, Virginia, is
hereby amended and reordained to read as follows:
Sec. 21-321.2. Traffic Calming via Maximum speed l~mits in
certain residential districts; penalty.
Pursuant to section 46.2-878.2 of the Code of Virginia,
any person who operates a motor vehicle in excess of the maximum
speed limit established for any portion of the following highways
located within the designated neighborhoods, on or after the
effective date, shall be guilty of a traffic infraction punishable
by a non-prepayable fine of not more than $200, in addition to
other penalties provided by law.
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25
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27
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Effective as of February 13, 2001.
1. L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn
Avenue; Dulcie Avenue.
2. Acredale: Acredale Road; Bonneydale Road; Andover
Road; Olive Road; Burlington Road; Rlttman Road;
Minden Road; Alton Road; Langston Road; Old
Kempsville Road.
3. Lake Shores: Jack Frost Road; Lake Shores Road.
4. Middle Plantation/Little Neck: Harris Road.
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Effectmve as of August 29, 2001.
1. Lake Shores- Oak Leaf Lane; Tern Road; Lake Road S;
Regina Lane; Meredith Road; School Road; Mosby Road;
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Frizzel Drive; Finn Road; Charla Lee Lane; Smith Farm
Road.
2. Brighton on the Bay: Templeton Lane; Wivenhoe Way;
Starr Way.
3. Baylake Pines/Baylake Beach: Ben Gunn Road; Indian
Hill Road; Baylake Road; Rampart Avenue; Bayville
Road; Lookout Road; Sandy Bay Drive.
4. Country Haven: Stewart Drive.
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Effective as of April 9, 2002.
1. Fairfield- Lord Dunmore Drive.
2. Bellamy Manor- Homestead Drive.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 9th day of April, 2002.
CA-8433
F'~data~aty~ordin~proposed~21-321.2.additions2.ord
March 18, 2002
RI
- 25 -
Item V-H. 4.
RESOL UTIONS/ORDINANCES ITEM # 49511
The following registered tn OPPOSITION:
Wendy Vaughn, Prestdent- Ocean Park Ctvtc League, 2081 Tazewell Road, Phone 363-9144
Kreg Ktnney, Prestdent- Ocean Park Ftre and Rescue Squad, 3065 Glastonbury Drtve 56, Phone 468-4709
Upon motton by Counctlman Jones, seconded by Councd Lady Parker, Ctty Counctl ADOPTED
Ordtnance to ESTABLISH a Ftre and Rescue Statton-Ocean Park as a
capttal tmprovement project, TRANSFER $850,000 to the project, and,
AUTHORIZE the Ctty Manager to execute an agreement re purchase of
property for the Ocean Park Fire and Rescue Station, subject to not ustng
"Ocean Park" tn the name and that the station number ts changed
"Ocean Park" shall not be used tn namtng the new statton
Vottng 7-2
Council Members Vottng Aye
Margaret L Eure, Barbara M Henley, Louts R Jones, Robert C
Mandtgo, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Council Members Vottng Nay
Mayor Meyera E Oberndorf and Reba S McClanan
Counctl Members Abstatmng
Ltnwood 0 Branch, III and
Wtlham W Harrtson, Jr,
Counctl Members Absent
None
Counctlman Branch ABSTAINED as he and hts wife are owners of property, whtch could be affected by
the dectston on thts tssue
Counctlman Harrison ABSTAINED as hts law firm represents a business which also wtshed to purchase
the same property that was the subject of thts dtscusston
Aprtl 9, 2002
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AN ORDINANCE TO ESTABLISH CAPITAL PROJECT %3-
017, FIRE AND RESCUE STATION-OCEAN PARK,
TRANSFER FUNDS OF $850,000 TO THE PROJECT, AND
AUTHORIZE THE CITY MANAGER TO ENTER INTO AN
AGREEMENT TO PURCHASE PROPERTY
WHEREAS, the Virginia Beach Fire Station Facilities Assessment
and Master Plan Study has recommended that the Ocean Park Fire and
Rescue Station be relocated to a site described in the attached
document entitled "SunAmerica Investments, Inc. Properties
Descriptions;" and
WHEREAS, the $850,000 needed for the property purchase can be
made available through a $600,000 transfer from Capital Project %3-
447, "Library Renovations and Replacements," (with the intent that
this funding be replaced in the FY 2002-03 budget,) and a $250,000
transfer from Capital Project #3-424, Fire and Rescue Station
Sandbridge.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That Capital Project #3-017, "Fire and Rescue Station-
Ocean Park" is hereby established as a capital project.
2. That $600,000 from Capital Project %3-447, "Library
Renovations and Replacements," and $250,000 from Capital Project %3-
424, "Fire and Rescue Station Sandbridge," are hereby transferred to
Capital Project #3-017, "Fire and Rescue Station-Ocean Park" to
facilitate the purchase of property.
3. That the City Manager, or his designee, is hereby
authorized to enter into an agreement, in a form satisfactory to the
City Attorney, with SunAmerica Investments, Inc. for the purchase of
property off Shore Drive near West Great Neck Road for the Ocean Park
Fire and Rescue Station.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 9 day of April , 2002.
CA-8456
ordin/noncode/Fire & Rescue Station Ocean Park.ord
March 29, 2002
R3
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFIC,IENCY'
Law Department
SunAmerica Investments, Inc. Properties Descriptions
PARCEL ONE:
All that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate,
lying and being in the City of Virglma Beach, Virginia, and being known, numbered and designated
as Parcel "l" (0.333 acre) (14, 525.79 Sq. Ft.), as shown on that certain plat entitled
"SUBDIVISION OF PARCEL 'A', DAVID I. AND GALE M. LEVINE (M.B. 187, AT PAGE 26)
PROPERTY OF SUNSTATES PROPERTIES, LYNNHAVEN BOROUGH, VIRGINIA BEACH,
VIRGINIA", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, an Deed Book 2499, Page 786.
PARCEL TWO:
All that certain parcel of land, together with the appurtenances thereunto belonging, lying and being
in the Lynnhaven Magisterial District, City of Virginia Beach, Virginia, fronting on Shore Drive and
more particularly bounded and described as follows: BEGINNING at a drill hole on the southern
right-of-way of Shore Drive (r/w varies); said point being located S 70° 27' 40"W 89.90 feet; N 13 °
33' 10" W 5.44 feet from an iron pin at the northern terminus of an arc forming the northwest comer
of the intersection of Sunstates Court (60' r/w) and Shore Drive (r/w varies); thence from said point
of beginning with the right-of-way of Shore Drive and the east line of Parcel Two, Sunstates House,
L.P. (D.B. 3470, PG. 859) "S 13° 33' 10" E 150.32 feet to an iron pipe on the hne of Parcel Three,
Sunstates House, L P. (D.B. 3470, PG. 859); thence with the north line of Parcel Three, S 79° 44'
26" W 129.24 feet to an iron pin on the line of ACT Partners (M.B. 132, PG 10); thence with the
line of ACT Partners, N 13 o 05' 24" W 125.62 feet to an Iron pin inside an iron pipe on the southern
right-of-way of Shore Drive; thence with the southem right-of-way of Shore Drive N 68 o 45' 42" E
129.17 feet to the point of beginning, containing 0.407 acres by survey."
PARCEL THREE:
All that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate,
lying and being in the City of VlrgIma Beach, Virginia, and being known, numbered and designated
as Parcel "3" (1.075 acres, 46,827.59 Sq Ft.), as shown on that certain plat entitled "SUBDIVISION
OF PARCEL 'A', DAVID L LAVINE AND GALE M. LAVINE (M.B. 187, AT PAGE 26)
PROPERTY OF SUNSTATES PROPERTIES, LYNNHAVEN BOROUGH, VIRGINIA BEACH,
VIRGINIA", which plat is duly recorded in the Clerk'S Office of the C~rcuit Court of the City of
Virginia Beach, Virginia, in Deed Book 2499, Page 786
The total consideration is as follows' EIGHT HUNDRED FIFTY THOUSAND DOLLARS
($850,000) in full for land, all appurtenances and improvements thereon.
GPIN 1590-30-2483, 1590-30-4409, and 1590-30-3390
- 26-
Item V-I.
PLANNING
ITEM # 49512
1. COLONEL WILLIAM H. AND JOE GALLUP
ENLARGEMENT OF A
NONCONFORMING USE
2. WEST NECK PROPERTIES, INC.
VARIANCE
CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
3. EDWARD M. WILLIAMS
VARIANCE
4. VOICE STREAM WIRELESS
CONDITIONAL USE PERMIT
5. VIRGINIA BEACH UNITED METHODIST CHURCH CONDITIONAL USE PERMIT
6. SHIRLEY J. DALE
CONDITIONAL USE PERMIT
7. CITY ZONING ORDINANCE
AMEND § 1502 re maximum building
heights and hotel density in the
RT-1 Resort Tourist District
March 5, 2002
Item V-I.
-27-
PLANNING
ITEM # 49513
Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council APPROVED in
ONE MOTION Items I (DEFER), 3, 4 and 5 of the PLANNING B Y CONSENT
Item I 1 was DEFERRED INDEFINITEL Y, B Y CONSENT
Item 5 was APPROVED, BY CONSENT, with DEFERRAL for one year of Condition No. 8
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Lmwood 0 Branch, III, Margaret L Eure, Wtlham ~ Harrzson, .Ir,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, .Ir, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
tt/tlham D Sessoms, .Ir and Rosemary Wtlson
Counctl Members I/ottng Nay
None
Counctl Members Absent
None
Counctl Lady McClanan wtll voted NAY on Item 14
Council Lady Parker wtll ABSTAIN on Item 15, as she ss a member of the Church
Aprd 9, 2002
- 28 -
Item V-L1.
PLANNING
ITEM # 49514
Upon by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED
INDEFINITEL Y, Resolution upon apphcatron of COLONEL WILLIAM H. and JO A. GALL UP for'
enlarge.tent/conversion of a nonconforming use and add an addition, enclose tire deck and shed wtth a
second floor addttton to the structure
Resolution authortztng the enlarge~nent and conversion of a non-
conformrng use on property located at 304 45th Street Saul parcel
contains 6,477 5 square feet DISTRICT 6 - BEACH
Vottng
11-0 (By ConsenO
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W ttarrt.son, dr,
Barbara M Henley, Louts R dones', Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlha~n D Sesaoms, Jr and Rosemary Wilson
Council Members Vottng Nay
None
Counctl Members Absent
Nolte
April 9, 2002
Item V-I. 2.
- 29-
PLANNING
ITEM # 49515
Attorney R E Bourdon, Pembroke One Boulevard, 5th Floor, Phone 499-8971, represented the
apphcant
Attorney Morrts Fme, 2101 Parks Avenue, Phone 422-1678 represented the owner of rgw property
A MOTION was made by Councdman Harrtson, seconded by Vtce Mayor Sessoms to ADOPT apphcattons
of WEST NECK PROPERTIES, INC, for a Vartance to ~ 4 4(b) of the Subdtvtston Ordinance re the thtrty
(30)-foot mmtmum pavement width for mtertor streets, and Ordtnances for a Condtttonal Change of Zonmg
and Con&ttonal Use Permit
Appeal to Dectstons of Admtmstrattve Officers tn regard to certatn
elements of the Subdtvtston Ordinance, Subdtvtston for West Neck
Properties, Inc , a Vtrgtnta corporation Parcel ts located at 3132 West
Neck Road (GPIN (42403-21-1935, (42403-21-0241) DISTRICT 7 -
PRINCESS' ANNE
ORDINANCE UPON APPLICATION OF WEST NECK PROPERTIES,
INC, A VIRGINIA CORPORATION, FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO
CONDITIONAL R-15 RESIDENTIAL DISTRICT
An Ordtnance upon Apphcatton of West Neck Properttes, Inc , a Vtrgtnta
corporatton, for a Change of Zoning Dtstrtct Classtficatton from A G- 1 and
A G-2 Agrtcultural Dtstrtcts to Condtttonal R-15 Restdenttal Dtstrtct at the
northwest corner of West Neck Road and In&an Rtver Road (GPIN #2403-
21-1935, #2403-21-0241) The proposed zontng classtficatton to
Condtttonal R-15 ts for stngle famdy restdenttal land use on lots no less
than 15,000 square feet This site ts located tn the Transttton Area as
defined tn the Comprehenstve Plan The Comprehenstve Plan recommends'
use of this parcel for approprtate growth opportumttes, conststent wtth the
economtc vttahty pohctes of Vtrgmta Beach Satd parcel ss located at 3132
West Neck Road and contatns 87 215 acres more or less DISTRICT 7 -
PRINCESS ANNE
AND,
ORDINANCE UPON APPLICATION OF WEST NECK PROPERTIES,
INC, A VIRGINIA CORPORATION, FOR A CONDITIONAL USE
PERMIT FOR OPEN SPACE PROMOTION
Ordtnance upon Apphcatton of West Neck Properttes, Inc, a Vtrgtnta
corporatton, for a Con&ttonal Use Permtt for Open Space Promotton at
the northeast corner of West Neck Road and In&an Rtver Road (GPIN
#2403-21-1935, #2403-21-0241) Satdparcel ss located at 3132 West Neck
Road and contains 87 215 acres DISTRICT 7- PRINCESS ANNE
ORDINANCE UPON APPLICATION OF WOODFIN HEA TING, INC,
FOR A CONDITIONAL USE PERMIT FOR ANA UTOMOBILE SER VICE
STATION
Ordinance upon Apphcatton of Woodfin Heattng, Inc, for a Conchttonal
Use Permtt for an automobde servtce statton on certatn property located
on the east stde of First Colontal Road, 160 feet more or less north of
Vtrgtnta Beach Boulevard (GPIN #2407-86-4082) Satd parcel contatns
41,817 6 square feet DISTRICT 6 - BEACH
Aprtl 9, 2002
Item V-LZ
PLANNING
- 30-
ITEM # 49515 (Continued)
Voting
4-7 (MOTION FAILED DUE TO NEGATIVE VOTE)
Council Members Vottng Aye
Margaret L Eure, Wtlham W Harrtson, dr, Robert C Man&go, dr and
Vice Mayor Wtlham D Sessoms, dr
Counctl Members Voting Nay
Ltnwood 0 Branch, III, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary
Wtlson
Counctl Members Absent
None
March 5, 2002
Item V-I. 2.
-31 -
PLANNING
ITEM # 49515 (Continued)
Upon motton by Council Lady Wtlson, seconded by Council Lady Parker, Ctty Counctl SCHEDULED
RECONSIDERATION FOR 6:00 PM MA Y 14, 2002, apphcattons of WEST NECK PROPERTIES, INC
for a Vamance to ~ 4 4(b) of the Subdtvtston Ordinance re the thirty (30)-foot mtmmum pavement wtdth for
tntertor streets, and Or&nances for a Condtttonal Change of Zomng and Condtttonal Use Permit
Appeal to Dectstons of Admtntstrattve Officers tn regard to certam
elements of the Subdtvtston Ordinance, Subdtvtston for West Neck
Properties, Inc, a Vtrgtnta corporation Parcel ts located at 3132 West
Neck Road (GPIN #2403-21-1935, #2403-21-0241) DISTRICT 7 -
PRINCESS ANNE
ORDINANCE UPON APPLICATION OF WEST NECK PROPERTIES,
INC, A VIRGINIA CORPORATION, FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO
CONDITIONAL R-15 RESIDENTIAL DISTRICT
An Ordinance upon Apphcatton of West Neck Properttes, Inc, a Vtrgtma
corporatton, for a Change of Zoning District Classification from A G- 1 and
A G-2 Agrtcultural Dtstrtcts to Con&ttonal R-15 Restdenttal Dtstrtct at the
northwest corner of West Neck Road and In&an River Road (GPIN #2403-
21-1935, #2403-21-0241) The proposed zomng classtficatton to
Conditional R-15 ts for smgle famtly restdenttal land use on lots no less
than 15,000 square feet Thts stte ts located tn the Transttton Area as
defined tn the Comprehenstve Plan The Comprehenstve Plan recommends
use of thts parcel for approprtate growth opportuntttes, conszstent wtth the
economic vttahty pohctes of Vtrgtma Beach Satd parcel ts located at 3132
West Neck Road and contatns 87 215 acres more or less DISTRICT 7 -
PRINCESS ANNE
AND,
ORDINANCE UPON APPLICATION OF WEST NECK PROPERTIES,
INC, A VIRGINIA CORPORATION, FOR A CONDITIONAL USE
PERMIT FOR OPEN SPACE PROMOTION
Ordtnance upon Apphcatton of West Neck Properttes, Inc, a Vtrgtnta
corporatton, for a Condtttonal Use Permtt for Open Space Promotton at
the northeast corner of West Neck Road and In&an Rtver Road (GPIN
#2403-21-1935, #2403-21-0241) Satdparcel ts locatedat 3132 West Neck
Road and contatns 87 215 acres DISTRICT 7 - PRINCESS ANNE
ORDINANCE UPON APPLICATION OF WOODFIN HEATING, INC,
FOR A CONDITIONAL USE PERMIT FOR AN A UTOMOBILE SER VICE
STATION
Ordtnance upon Apphcatton of Woodfin Heattng, Inc, for a Conditional
Use Permtt for an automobtle servtce statton on certatn property located
on the east stde of Ftrst Colomal Road, 160feet more or less north of
Vtrgtma Beach Boulevard (GPIN #2407-86-4082) Satd parcel contatns
41, 817 6 square feet DISTRICT 6 - BEA CH
April 9, 2002
Item V-I. 2.
PLANNING
- 32 -
ITEM # 49515 (Continued)
Votmg 11-0 (By Consent)
Counctl Members gottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Louts R clones, Reba S McClanan, Robert C
Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, dr and Rosemary Vgtlson
Council Members gottng Nay
None
Council Members Absent
None
March 5, 2002
Item V-I. 3.
- 33 -
PLANNING
ITEM # 49516
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Councd APPROVED the
apphcatton of EDWARD M. WILLIAMS for a Vartance to ~ 4 4(b) of the Subdtvtston Ordinance whtch
requtres all newly created lots meet all the requtrements of the Ctty Zoning Ordmance (CZO)
Appeal to Dectstons of Admtntstrattve Officers tn regard to certatn
elements of the Subdtvtston Ordtnance, Subdtvtston for Edward M
Wtlhams Property ss located at 1505 Quad Point Road (GPIN #2408-98-
9915) DISTRICT 5 - L YNNHA VEN
The followtng conchtton shall be requtred
The proposed subdtvtston shall be recorded by subdtvtston plat
tn the Clerk of the Ctrcutt Court's office
Vottng 11-0 (By ConsenO
Council Members gottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wdson
Councd Members Vottng Nay
None
Counctl Members Absent
None
March 5, 2002
Item V-I. 4.
- 34-
PLANNING
ITEM # 49517
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordtnance upon apphcatton of VOICE STREAM WIRELESS for a Con&ttonal Use Permtt
ORDINANCE UPON APPLICATION OF VOICE STREAM WIRELESS
FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION
TO WER R040231017
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Voice Stream Wireless for a Conditional
Use Permtt for a commumcatton tower at the southeast tntersectton of
Holland Road and Dam Neck Road (GPIN #1495-24-2558) Sald parcel
ts located at 3040 Holland Road and contains 400 square feet DISTRICT
7 - PRINCESS ANNE
The followtng condttlons shall be required
The monopole communtcattons tower shall be constructed as
deptcted on the submttted stte plan entttled "Votce Stream
Wireless VEPCO/SPCA, 3040 Holland Road, Vtrgtnta Beach, VA
23456, "prepared by W- TCommuntcatton Destgn Group, L L C,
dated January 21, 2002
2 Nofill shall bepermttted wtthtn the lOOyearfloodplatn
3 The tower and antennas shall not exceed 130feet tn hetght
Landscaping shall be tnstalled as deptcted on page L-1 of the
Landscape Plan entitled "Votce Stream Wtreless VEPCO/SPCA,
3040 HollandRoad, Vtrgtnta Beach, VA 23456, "prepared by W-
T Commumcatlon Destgn Group, L L C, dated January 21, 2002
The commumcatton tower shall be a standard gray color In the
event that the Federal Avtatton Admtntstratton, or other hcenstng
enttty, requires that the tower be patnted, the height oJ the tower
shall be reduced to a level that wtll ehmlnate the requtrement
that tt to be patnted
Unless a watver ts obtatned from the Ctty of Vtrgtma Beach
Department of Communlcattons and Information Technology
(COMIT), a radto frequency emtsstons study (RF Study),
conducted by a quahfied engineer hcensed to practice tn the
Commonwealth of Vtrgmta, showing that the tntended user(s)
will not mterfere with any Ctty of Vtrgtnta Beach emergency
commumcattons facthtles, shall be provtded prtor to ~tte plan
approval for the tower and all subsequent users
In the event tnterference wtth any City emergency
communlcatlons facthttes arises from the users of thts tower, the
user60 shall take all measures reasonably necessary to correct
and ehmlnate the interference If the tnterference cannot be
ehmlnated within a reasonable time, the user shall tmmedtately
cease operation to the extent necessary to stop the interference
Should the antennas cease to be used for a pertod of more than
one (1) year, the applicant shall remove the antennas and thetr
supporttng towers and related equtpment
March 5, 2002
Item V-I. 4.
- 35-
PLANNING
ITEM # 49517 (Continued)
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zonmg Ordtnance
Adopted by the Counctl of the Ctty of Vtrgmta Beach, I/'trgtnta, on the Ntnth of Aprtl Two Thousand Two
Votmg 10-1 (By ConsenO
Counctl Members Votmg Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham PV Harrison, dr,
Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker, Vtce Mayor }Vtlham D Sessoms,
Jr and Rosemary PVtlson
Counctl Members Vottng Nay
Reba S McClanan
Council Members Absent
None
March 5, 2002
Item V-I. 5.
-36-
PLANNING
ITEM # 49518
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Councd ADOPTED Ordtnance
upon apphcatton of VIRGINL4 BEA CH UNITED METHODIST CHURCH for a Con&ttonal Use Permtt
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH UNITED
METHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A
CHURCH/COMMERCIAL PARKING LOT R040231 O18
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Vtrgtnta Beach Umted Methodtst Church
for a Condtttonal Use Permtt for a church/commerctal parking lot at the
southeast corner of Pactfic Avenue and 20th Street on Lot 18, Block 41, Lot
20, Block41 andLot 22, Block41 (GPIN #2427-18-4082, #2427-18-4016,
#2427-18-3989) Satdparcels are located at 208, 210 and 212 20'h Street
and contatn 21,000 square feet DISTRICT 6 - BEACH.
The followtng condtttons shall be requtred
This use permtt ts vahd for two (2)years from the date of Ctty
Counctl approval The apphcant shall submtt a new condtttonal
use permtt apphcatton prtor to the exptratton of thts use permtt
tf conttnuatton of the use beyond two (2) years ts destred
2 The hours ofoperattonfor the commerctalparktng lot during the
months of Aprtl through September shall be
a Sunday 11 30 a m to Mtdntght
b Monday through Thursday, 8 30 a m to Mtdntght
c Frtday and Saturday, 8 30 a m to 1 30 a m
3 An attendant shall be on duty at all ttmes durtng the operatton of
the commerctal parktng lot
A lot attendant statton shall be located a mtntmum offifiy (50)
feet north of the entrances/extts on 19'~ Street to provtde for on-
stte stacktng and shall be sttuated so as to be on the driver's stde
of vehtcles entertng the lot durtng operatton of the commerctal
parktng lot
All potnts of vehicular access shall be secured by a chatn or gate
durtng the hours that the parktng lot ts not betng operated as a
commerctal parktng lot or for church purposes
6 &x (6) trash receptacles, that are platnly vtstble and marked as
such, shall be dtspersed throughout the sttes
7 The stte shall be tmproved tn accordance wtth the Stte Plan
Ordinance
THE FOLLO WING CONDITION SHALL BE DEFERRED FOR ONE (1) YEAR
The area of Lot 22 adjacent to Pactfic Avenue and 20th Street
shall be landscaped with a row of shrubs of size sufficient to
serve as a screentng buffer
April 9, 2002
Item V-I. 5.
-37-
PLANNING
ITEM # 49518 (Continued)
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordinance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Ntnth q£Aprtl , Two Thousand Two
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, ,Ir, Mayor Meyera E Oberndorf Vice Mayor Wdham D
Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Abstatntng
Nancy K Parker
Councd Members Absent
None
Counctl Lady Parker ABSTAINED as she ts a member of the Vtrgtnta Beach United Methodist Church
March 5, 2002
Item V-I. 6
- 38-
PLANNING
ITEM # 49519
Shirley d Dale, the apphcant represented herself
Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council ADOPTED
an Ordinance upon apphcatton of SHIRLEY J. DALE for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF SHIRLEY J DALE FOR A
CONDITIONAL USE PERMIT FOR A PET CREMATORY R040231019
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Apphcatton of Shirley J Dale for a Con&ttonal Use
Permit for a pet crematory on Lot A-22, Princess Anne Hunt Club (GPIN
#2405-83-5124) Satd parcel is located at 2284 London Bridge Road and
contains 5 522 acres DISTRICT 6 - BEACH
The followmg conditions shall be required
The crematory umt shall be located tn the area shown on the
submitted stte plan entitled "Exhibit of Conditional Use Permit,
Lot A-22, Princess Anne Hunt Club" dated November 21, 2001
by NOI, LLC
2 The apphcant shall receive approval from the Fire Marshall's
office, tf reqmred, for any above ground fuel storage tanks
3 No more than one employee not hvmg at the residence on the
property shall be permitted
All pickups and dehvertes shall be made by the apphcant or
employee of the apphcant No more than four customers per
month are permttted on-site tn the event they wish to witness the
cremation
No stockpiling or burial of carcasses or remains ts permltted on-
site Carcasses shall be contained tn airtight bags and placed tn
a freezer until cremation and must be cremated within 48 hours
of time of ptckup
6 No more than four cremations per day are permitted
The crematory ts approved with a one year admtmstrattve
revzew If the Planmng Dtrector or h~s Deszgnee determines that
the crematory causes undue hardship on netghbortng properttes
tn terms of nozse, odor, or other enwronmental impacts, the
apphcant shall re-apply through the pubhc hearing process to
contznue the use
The apphcant shall use an FM Systems V15 or comparable unit
tn terms of emission and odor control This unit shall be
enclosed
9 Operation shall be only on Monday thru Friday (5 days a week)
This Or&nance shall be effective tn accordance with Section 107 (1) of the Zomng Ordinance
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth qf Aprtl , Two Thousand Two
March 5, 2002
- 39-
Item V-I. 6
PLANNING
ITEM # 49519 (Continued)
Vottng 8-3
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wdson
Counctl Members Vottng Nay
Reba S McClanan, Mayor Meyera E Oberndorf and Nancy K Parker
Councd Members Absent
None
March 5, 2002
Item V-L 7.
- 40-
PLANNING
ITEM # 49520
The City Manager repeated the presentatton he gave durmg the Ctty Councd Revtew Sesston to attempt to
clartfy thts ordinance and respond to tssues reflected tn the press The spaces proposed tn the public parking
garage are approximately 800 to 820. The hotel is going to be leasing 380 spaces and 420 to 440 will be
available for the public
Trading Air Space for Open Space
Setting the Record Straight
ALLEGATION
March 30, 20002 Editorial
"City Hall neglected to chsclose the hnk when tt made pubhc the
idea for taller hotels"
FA C TS
Virginian Pilot news article on February 2 7, 2002 stated
'The rules changes would allow for taller hotels at the Rudee
Loop and the 31sat Street sites"
FA C TS
Plan was to be clear about link to 31st Street project
Planning Commission The Planning Comm~sston rewewed th~s
matter and recommended the Ordinance to City Council Ron Rtpley,
Chair, advised it was clear in the minds of the Planning Commission
Members thls parttcular amendment would apply to the 31,t Street property
Resort Advisory Committee The trine frame &d not allow revtew by
the RAC, however, the Planntng Director spoke wtth the Chair and the
Chair of the RAC Destgn Committee relative this amendment Both Chairs
expressed support
Do we wtsh we had been clearer ? Yes
ALLEGATION
March 29, 2002 Editorial
"developers were shown the tall-hotel plan a week before Ctty
Councd members"
FA C TS
Routine procedure (stakeholders tmpacted by Or&nance changes are
asked their opinion
Other examples
Pembroke Mall
Tattoo Ordinance
Flood Plain Regulations
"Big Box" retail standards
Towing Ordinance
Commercial parktng Lot Standards
Standard Operating Procedure to review in advance copies of Or&nances
with those tmpacted parties
Aprd 9, 2002
- 41 -
Item V-L 7.
PLANNING
ITEM # 49520 (Continued)
ALLEGATIONS
March 30, 2002 Editorial
"Pubhc pohcy was drtven by the ctty's destre to keep tts pubhc-
prtvate hotel deal ahve "
"The two businessmen and ctty plan to butld a 363-room
hotel "
March 29, 2002 Editorial
"It would, after all, tncrease the number of rooms tn the hotel by
a ftfth "
FA C TS
New ordinance not needed for 31s' Street hotel density
Developer could butM 341 rooms wtthout the amendment
"The permttted hotel unit densttyfor a hotel/motel facthty to be
constructed on the 31st Street developer's Oceanfront Parce[ ts
341 hotel room units"
Letter dated January 7, 2002
From Karen Las[ey,
Vtrgtnta Beach Zoning Admtntstrator
(The developer was propostng a 168-untt hotel, st was the Ctty that tnststed
and requtred the hotel be an approxtmate 300-umt hotel tn order to be full
servtce, four-star and capable of serving the hoped for expansion of the
Conventton Center at some pomt tn the future)
Hetght was always 199 5feet
"It would be 199 5feet tall, a mere stx mches short of the 200-
foot hmtt set by zonmg laws"
Virginian Pilot, September 16, 1998.
*Not about height tts about open space
200-foot hotel can be built wtth or wtthout amendment
Wtthout amendment, hotel footprtnt btgger- park smaller
Tradmg att space for open space
*The Ctty Manager referenced deptctton of the hotel and advised the "step back area" ts shown by the
mangle area (additional development envelope) whtch ts the key to the amendment The addtttonal volume
of butldtng allowed ts represented tn that triangular area The hotel ts allowed to have the same number of
rooms tn a narrower configuratton Thts provtdes an open vista up to the ocean Without thts amendment,
the hotel would have to be wtder and the park smaller
Policy not driven by hotel project
It was catalyst but policy driven by 1994 "Oceanfront Resort Area
Concept Plan"
"We must continue to elevate level of amentty and to dtverstfy
tt as greatly as posstble Thts includes opening and tmprovtng
vtstas to the ocean"
Aprtl 9, 2002
Item V-I. 7.
- 42 -
PLANNING
ITEM # 49520 (Continued)
Not First Initiative
Conststent efforts for open space/ocean vtstas/connecttons
17th Street Park
24th Street Park
Rudee loop Plan
19'h Street Corrtdor Planntng
Boardwalk wtdenmg
Fort Story
North Beach connections
Big Beach
In the last four (4) years with the Seawall and Beach project, a total of 93 acres has been created by
additional green space and beach east of the hotels along Atlantic Avenue
Consider Ordinance on Merits - Not on Controversy
Thinner hotels, small footprint create
More open space
More ocean vistas
More connections
Public Access
Open space must be permanently dedtcated to pubhc use, be relattvely
unobstructed and ensure the abthty of the pubhc to access the Boardwalk
and beach by ustng the open space
RT 1 Draft Or&nance on hotel hetghts
What Other's Say
"What they're propostng has mertt"
dtmmy Capps, Vtrgtnta Hospttahty and Travel Assoctatton Chatr
"Addtttonal, height ss a small prtce to pay for more space at ground level"
Phtl Crannell, Archttect wtth Gee & denson, West Palm Beach Flortda
"Mark Stutz of Duke Umverstty 's program for the Study of Development
Shorehnes said he supports Vtrgtnta Beach's effort to create more open
space Thts ts one of the more tnteresttng
approaches I've seen "
"In Daytona Beach, the taller the hotel, the btgger the gaps between
butldtngs, prectsely the effect Vtrgtnta Beach planners are seektng"
Vtrgtntan-Ptlot news articles, March 2002
The Ctty Manager advised a 200-foot hotel would equate to approximately twenty (20) stortes Karen
Lasley, Zomng Admtntstrator, advtsed the Or&nance reqmres a perpetual easement or some other legal
mstrument approved by the Ctty Attorney's office This would keep the property on the tax rolls
Aprtl 9, 2002
- 43 -
Item V-I. 7.
PLANNING
ITEM # 49520 (Continued)
The followtng regtstered tn OPPOSITION
Barbara Messner, Frtends of 31s' Street, P 0 Box 514, Phone 422-1902
Vtctoma Rtzzt, Frtends of 31st Street, Phone 424-0607
Robert O'Connor, 204 52"a Street, Apartment A, Phone 428-0902
Betty Kennedy, 2700 Cattayle Run, Phone 340-8975
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED
Ordtnance to amend ~ 1502 of the Ctty Zonmg Or&nance (CZO) re
maximum building heights and hotel density tn the RT-1 Resort Tourtst
Dtstnct
Vottng 7-1
Councd Members Vottng Aye
Lmwood O Branch, III, Margaret L Eure, Wdham W Harmson, dr, Louts
R dones, Robert C Man&go, dr, Mayor Meyera E Oberndorfand Vtce
Mayor Wdham D Sessoms, dr
Councd Members Vottng Nay
Reba S McClanan
Counctl Members Abstatmng
Barbara M Henley, Nancy K Parker and Rosemary Wdson
Councd Members Absent
None
Councd Lady Henley ABSTAINED as was not prepared to vote Aye as she beheves there should be
addtttonal ttme for the pubhc to be educated relative these amendments
Councd Lady Parker ABSTAINED as she preferred thts item be DEFERRED for ad&ttonal nme to allow
the pubhc to be educated relattve this amendment
Councd Lady Wdson DISCLOSED and ABSTAINED pursuant to Sectton 2 2-3115(E), Code of Vtrgtnta,
her husband ts a prtnctpal tn the accounttngfirm of Goodman and Company and earns compensatton whtch
exceeds $10,000 O0 annually Goodman and Company has provtded accounttng and tax servtces related to
3 P' Street and the Beach Quarters Inn Although the City Attorney has advtsed that she ts required to
dtsclose any personal interest and may parttctpate tn the transactton, however, she wtshes to dtsclose thts
mterest and abstatn Councd Lady Wdson's letter of Aprd 9, 2002, ts hereby made a part of the record
Aprd 9, 2002
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AN ORDINANCE TO AMEND AND REORDAIN
THE CITY ZONING ORDINANCE PERTAINING
TO MAXIMUM BUILDING HEIGHT AND HOTEL
DENSITY IN THE RT-1 RESORT TOURIST
DISTRICT
SECTIONS AMENDED' CZO ~ 1502 and
1507
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Sections 1502 and 1507 of the City Zoning Ordinance
are hereby amended and reordained to read as follows:
ARTICLE 15. RESORT TOURIST DISTRICTS
A. RT-1 RESORT TOURIST DISTRICT
Sec. 1502.
feet.
Dimensional requirements [RT-1 Resort Tourist
Distract].
(a) Minimum lot size' Fourteen thousand (14,000) square
(b) Minimum lot width- Seventy (70) feet.
(c) Minimum yard requirements- Five (5) feet front yard,
five (5) feet side yard when adjacent to a street, other than the
boardwalk.
(d) Maximum height- One hundred (100) feet at the
easternmost property line and one and one-half (11/2) feet of
height for each additional foot west of the easternmost property
line not to exceed an overall maximum height of two hundred (200)
feet ...... ~ ....... ~ .... ' ' -
· ~,u~w~o~u~ the above, ~o building or other structur=
shall exceed the height limit established ........ ~-- ~'~-'
regarding air navigation.
(e) The heiqht of any buildin~ or structure may be
increased to a maximum heiqht of two hundred (200) feet if
permanent open space meetinq the followinq criteria is provided on
either (i) the same zoninq lot as the buildinq or structure, or
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(ii) on another lot under the same ownership as the lot on which
the building or structure is located and separated from such lot
solely by a public street of no more than one hundred (100) feet in
width and by a distance no Greater than the width of the public
street, and:
(1) the open space consists of an area of no less
than fifteen thousand (15,000) square feet,
has a width at both the eastern and western
property lines of no less than one hundred
(100) feet, and extends contznuously from
Atlantic Avenue to the nearest public property
lying east of the open space~
.(2) a perpetual easement or other legal
instrument, in form and content acceptable to
the City Attorney, ensuring the permanent
availability of such open space for use by the
qeneral public is admitted to record in the
Clerk's Office of the Circuit Court~ and
(3) such open space is unobstructed by any
artificial structure standing more than
eighteen (18) inches above ground level,
except for benches, planters or similar
decorative fixtures, public art, site
lighting, bandshells, public rest rooms,
stages, or other public amenities approved by
the Planning Director. The location of any
such structures shall, where feasible, be
located so as to preserve views of the
Atlantic Ocean.
(f) Notwithstanding the proviszons of subsections (d)
and (e) hereof, no building or other structure shall exceed the
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height limit established by section 202(b), regarding air
navigation.
· · · ·
Sec. 1507. Desired design features and incentives.
(a) For those uses which incorporate all of the following
desired design features-
(1) Minimum lot size of twenty thousand (20,000) square
feet.
(2) Setback from east-west streets of at least ten (10)
feet with the area landscaped in accordance with
the landscaping, screening and buffering
specifications and standards.
Notwithstanding any provision to the contrary above, the maximum
density of hotel and motel use shall be one hundred sixty (160)
units per acre, of which no more than ten (10) percent shall be
dwelling units, and uses in conjunction with hotels and motels may
occupy up to but not more than twenty (20) percent of the floor
area of all structures (excluding parking) located on the lot.
(b) For those uses which incorporate all of the following
desired design features-
(1) Minimum lot size of forty thousand (40,000) square
feet.
(2) Setback from east-west streets of at least fifteen
(15) feet with the area landscaped in accordance
with the landscaping, screening and buffering
specifications and standards.
Notwithstanding any provision to the contrary above, the maximum
density of hotel and motel use shall be one hundred seventy-five
(175) units per acre, of which no more than ten (10) percent shall
be dwelling units, and uses in conjunction with hotels and motels
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may occupy up to but not more than twenty-five (25) percent of the
floor area of all structures located on the lot.
(c) For those uses which incorporate all of the following
desired design features:
(1) Minimum lot size of eighty thousand (80,000) square
feet or the accumulation of multiple parcels under
common ownership totaling at least eighty thousand
(80,000) square feet of land, such that the parcels
are separated solely by a public street, of no more
than one hundred (100) feet in width and by a
distance not exceeding the width of the public
street.
(2) At least twenty (20) percent of the floor area of
the hotel shall be used for convention and/or
related facilities.
(3) The entire lot or accumulated parcels are developed
in a functionally integrated fashion.
Upon complying with the foregoing conditions, the following shall
apply, notwithstanding any other provision to the contrary:
(1) The maximum density for hotel and motel use shall
be one hundred ninety (190) units per acre, of
which no more than ten (10) percent shall be
dwelling units, for the entire accumulation of
parcels.
(2) Uses in conjunction with a hotel may occupy up to
fifty (50) percent of the floor area of the
structures.
(3) Required parking shall be at least one (1) space
per lodging or dwelling unit or one (1) space per
two hundred (200) square feet of floor area used
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for uses in conjunction with the hotel, whichever
is greater.
(d) In addition to the number of units otherwise allowed
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pursuant to this section, where open space meeting the crmteria set
forth in Section 1502 (e) is provided, the number of hotel or motel
units may be increased by one and one-half (1.5) units, of which no
more than ten (10) percent may be dwellinq units, for every one
thousand (1,000) square feet of open space provided.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 9th day of April, 2002.
CA-8388
wmm~ordres ~CZO1502ord. wpd
March 1, 2002
R-3
- 44-
Item V-J. 1.
APPOINTMENTS
ITEM # 49521
B Y CONSENSUS, City Councd RESCHEDULED APPOINTMENTS:
COMMUNITY SER VICES BOARD
March 5, 2002
- 45 -
ADJOURNMENT
Mayor Meyera E Oberndorf DECLARED the Ctty Council Meettng ADJOURNED at 10:08 P.M.
Chief Deputy Ctty Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
March 5, 2002