DECEMBER 3, 2002 MINUTES
City of Virginia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORf: At-Large
VICE MAYOR LOUIS R. JONES, Bayside _ District 4
MARGARET L. EURE, Centerville - Distrirt J
RHBA S. Mc('I.ANAN, Rose Hall - fJistricl 3
R/(_'HAIWA. MA[)[)OX, Hcach-Dixlrict6
JIM RhEVJ;", Princess Anne _ IJislr;cl 7
PETER W S('HM/J)7~ At-I,urge
RON A. VIUANU/YA, At-I,arge
ROSHMARY Wff,SON. Af-Large
.lAME}; L WOOf), !,ynnhaven .j)islric/ 5
CITY COUNCIL AGENDA
CI1Y HAL!- BUILDING I
2401 COURTHOUSE DR/VE
VIRGINIA BEACH. VIRGINIA 23456-8005
PHONE: (757) 427-430]
FAX (757) 426-5669
EMA/L:Ctycncl@vbgov.com
JAMHS K. SI'OlU:", elly Manager
LH,\TIli /" LILlEY, City Attorney
RrfTH f{(}DCillS SMITH, MMC, (,'ityClerk
December 3, 2002
I.
CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING
- Building 19 -
2:30 PM
A. FIVE YEAR FORECAST
Catheryn Whitesell, Director, Department of Management Services
Vicki Lewis, Chief Financial Officer, Virginia Beach City Public Schools
II.
REVIEW OF AGENDA ITEMS
- Conference Room -
4:00 PM
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V.
INFORMAL SESSION
- Conference Room -
5:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend Stanley W. Sawyer
All Saints Episcopal 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
November 26, 2002
G. AGENDA FOR FORMAL SESSION
H. PUBLIC COMMENT
1. BEACH MANAGEMENT PLAN
I. RESOLUTIONS/ORDINANCES
1. Resolution concurring with a Revenue Bond issuance by the Industrial Development
Authority of Mathews County:
YMCA Of South Hampton Roads
Not to Exceed $3,500,000
2. Resolution re support for formation of CAPE HENRY NATIONAL PARK &
VISITOR CENTER
3. Ordinance to APPROPRIATE $1,000,000 from the General Fund and $1,200,000 from
the Water and Sewer Enterprise Fund Retained Earnings in FY 2002-03 Capital Budget re
additional funding for radio purchases to upgrade the communication system for
Police, Fire and EMS as well as various non public safety agencies.
4. Ordinance to APPROPRIATE $11,711 additional HOME Program revenue from the
United States Department of Housing and Urban Development (HUD) to the Department
of Housing and Neighborhood Preservation FY 2002-03 Operating Budget for HOME
approved rehabilitation loans and citizen grants.
J. PLANNING
1. Application of AMERICAN PARKING SOLUTIONS, LTD. for a Conditional Use
Permit re bulk storage of motor vehicles at the east side of Military Highway and
Alexandria Lane (600 Block of S. Military Highway) containing 48 acres.
(DISTRICT 2 - KEMPSVILLE)
Deferred:
Recommendation:
November 26, 2002
APPROVAL
2. Application ofMT. OLIVE BAPTIST CHURCH for a Conditional Use Permit re a
church (parking lot expansion) at Birdneck Road, south of 19th Street (310 North
Birdneck Road) containing 1.80 acres.
(DISTRICT 6 - BEACH)
Recommendation:
APPROVAL
3. Application of TRITON PCS/SUNCOM for a Conditional Use Permit re a
communication tower south of the intersection of Snow Goose Lane and Hawks Nest
Way, north ofInterstate 264 (1400 Snow Goose Lane) containing 11.69 acres.
(DISTRICT 5 - L YNNHA VEN)
Recommendation:
APPROVAL
4. Application of TYRONE HART for a Conditional Use Permit re a church to share two
(2) suites in a retail center with a daycare center at Virginia Beach Boulevard and Toy
Avenue (5441 Virginia Beach Boulevard, Suites 116 and 117) containing 2.658 acres.
(DISTRICT 2 - KEMPSVILLE)
Recommendation:
APPROVAL
5. Application of OCEAN TIDE ASSOCIATES, L.L.C. for a Conditional Use Permit re
multiple-family dwellings (condominiums) on the north side of Shore Drive, between
Sea Shell Road and Urchin Road (2990 Shore Drive) containing 1.03 acres.
(DISTRICT 5 -- L YNNHA VEN)
Recommendation:
APPROVAL
6. Application of SAND BRIDGE COMMUNITY CHAPEL, United Methodist Church
for Modification of a Conditional Use Permit (approved November 15, 1984 and October
24, 1988) re the sale of an existing lot on Little Island and Sandpiper Roads, in the
vicinity of Bonita Lane (3041 Sandpiper Road and 300 Bonita Lane) containing 1.62
acres.
(DISTRICT 7 -- PRINCESS ANNE)
Recommendation:
APPROVAL
7. Applications ofthe CITY OF VIRGINIA BEACH re a hospital/medical complex
(Sentara) and an athletic club for a portion of Recreation Drive at Dam Neck and
Princess Anne Roads.
DISTRICT 7 - PRINCESS ANNE
a. Discontinuance. closure and abandonment containing 2.5455 acres
b. Conditional Use Permit containing 45 acres
c. Chanf!e ofZoninf! District Classification from P-l Preservation District and R-5D
Residential Duplex District to Conditional 0-2 Office District containing 71.74
acres
Recommendation:
APPROVAL
K. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
COMMUNITY SERVICES BOARD
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
MINORITY BUSINESS COUNCIL
PLANNING COMMISSION
RESORT ADVISORY COMMISSION
VIRGINIA BEACH FOUNDATION
VOLUNTEER COUNCIL
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
**********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
* * * * * * * * * * *
AGENDA 12/03/02gw
11m"",
~
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
3 December 2002
Vice Mayor Louis R. Jones, called to order the CITY COUNCIL and SCHOOL BOARD JOINT
BRIEFING re FIVE YEAR FORECAST in Building 19 - Human Resources Training, on Tuesday,
December 3, 2002, at 2:30 PM.
Council Members Present:
Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve, Peter W.
Schmidt, Rosemary Wilson and James L. Wood
Council Members Absent:
Margaret L. Eure
[Entered: 2:40 PM.]
Mayor Meyera E. Oberndorf
[Attending National League a/Cities]
Richard A. Maddox
[Family Vacation]
Ron A. Villanueva
[Out a/City]
School Board Members Present:
Jane S. Brooks, Emma L. Davis, A. James DeBellis, Chairman Daniel
D. Edwards, Dan R. Lowe, Sandra Smith-Jones, Vice Chairman Neil
L. Rose, Michael W. Stewart, Arthur T. Tate, Carolyn D. Weems, and
Dr. Lois S. Williams
School Board Members Absent:
None
"
- 2-
CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING
FIVE YEAR FORECAST
2:30 P.M.
ITEM # 50494
Catheryn Whitesell, Director - Department of Management Services, advised the Five Year Forecast is
designed to project revenues and expenditures over the nextfive (5) years, providing a basis for the policies
and discussions of the Annual Operating Budget commencing in April.
National Economy
The national economy continues to be sluggish
The potential for heightened troop deployment due to terrorism and
possible War with Iraq
There have been 12 interest rate reductions
Inflation remains low
The Federal budget is in a deficit situation. Currently the Federal
Budget is $159-BILLION beyond anticipated revenue
State Economy
The State Budget requires a third round of reductions to bring it back
within revenues
Income tax revenues are down and with the sluggish recovery are
projected to remain low
The State stands to loose 26,500 jobs in 2002
Virginia is not alone, 46 states are struggling to close a budget gap
($38-MILLION) Most states are utilizing a combination of expenditure
reductions and revenue increases to close the gap. Virginia has chosen
to rely instead on expenditure reductions to close the anticipated shortfall
The State will have reduced its adopted budget by $6- to $7-MILLION
or five to six limes our total City budget. Approximately one-third of
the State's budgetedfunds are derived from such programs as health,
education and Constitutional Officers. Funds also come from direct
revenues to the CiIy through 599 funds, ABC profits and roadway
maintenance funds.
Local Economy
The local housing market remains strong mirroring national and state
trends
Tourism remains strong in spite of national downward trends due to
safety concerns
Residential building permits are up 30% and the value of those permits
is up 17%
There have been ten (10) straight months of increased employment,
although the unemployment rate stands at 3. 7% for August
Sales tax revenues are up 7% for the year which is our seventh
consecutive month of growth
New car registrations are up 8.1%
December 3, 2002
,
- 3-
CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING
FIVE YEAR FORECAST
ITEM # 50494 (Continued)
Overall, these trends indicate the local economy is in-line to make or slightly exceed local revenues for FY
2002-03, however, this is very early in the fiscal year to know for sure. Both Federal and State revenues
appear to be lagging their budget estimates, by nearly $2.3-MILLION. However those may be due to delays
in posting revenues to the City. Currently, the staff expects these revenues to be below estimates by Ihe end
of thefiscal year.
Efficiency and Effectiveness
Comparisons with other Virginia localities (based on the State Auditor
of Public Accounts)
Fiscal Stress Index
Demand for Government Services
Discretionary Spending Analysis.
The State Auditor of Public Accounts annually prepares a Per Capital Analysis of Operating Expenditures
for all Virginia localities. This report provides insight into the cost of government and allows the city to
evaluate itself through bench marking with other localities. As the graphs indicate, Virginia Beach is still
well below the state average of other Virginia localities in per capita expenditures for operations and
slightly above average on education expenditures. $887 is expended per capita to deliver city services and
slightly over $1,200 to provide education. The City now surpasses Henrico and Chesterfield Counties in per
pupil expenditures. A few years ago, Virginia Beach lagged behind these two municipalities..
The Commission on Local Government annually publishes the Report on the Comparative Revenue
Capacity, Revenue Effort, and Fiscal Stress of Virginia's Counties and Cities. This report looks at the
relative fiscal burdens of localities across the state. Of the 135 localities that are included in the report
(where 1 is the most stressed and 135 is the lest stressed), Virginia Beach ranks as 55''- The Fiscal Stress
index indicates that, as a community, we need to be conscious of the impact taxes have on residents and work
to ensure equitable taxing and a strong return on their investment.
The Demand for Services Index provides the City with an understanding of the changing needs of the
citizens. This index looks at the growth in the usage of nine specific categories that includes police calls, fire
calls, rescue calls, library book borrowing; tons of waste collected, recreation class requests, health clinic
clients, assisted payment case in Social Services and the student population. The index is adjusted for
population and based on the 1980 demand (meaning 1980 is 100% o(demand). Over the twenty-one (21)
years, the demand for services has risen when indexed against 1980. As the graph indicates, the highest
level of demand occurred in 1995, at an increase of3I. 72%from 1980. This trend indicates that there was
in increase in the demandfor servicesfollowing Ihe recession of the early '90's./fthis holds true, there may
be another increase in the demand for services as the City comes out of the Recession. For the latest year
indexed, FY 2000-01, the growth in demand is 25. 46%from 1980.
Relative the Discretionary Spending Analysis, of the $1.2-BILLION City budget, 85.2% is obligated for
specific programs and beyond Council's control. These revenues only exist because the program exists. As
an example, $1.95 per phone billfor the E-911 communication system is collected. This revenue, by State
law, cannot be utilized for any other purpose. Of the remaining 14. 8%, programs, the City funds programs
and services such as public safety, trash collection and the maintenance of public facilities.
In 2001, the Reason Public Policy Institute ranked Virginia Beach as the eighth most efficient City in
America. The City was ranked as No.1 for Police and Library Services. The Syracuse University Governing
Magazine Study ranked the City as one of the Top Five financially hest managed communities in the country
Perhaps the best test is our citizens' overall satisfaction with government services. Generally, the citizens
feel they receive a good return on Iheir investment.
December 3, 2002
.
- 4-
CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING
FIVE YEAR FORECAST
ITEM # 50494 (Continued)
Forecast Considerations
There are significant unknowns and potential changes in the economy
during the next twelve months
The State projects FY 2003-04 deficit of $1.2 to $2.0-BILLION
Troop Deployment Levels
Service Needs which result from the Recession
It is prudent to be conservative in projecting revenues and as realistic
as possible in projecting expenses
Current Outlook Citywide
Given the current level of information, we are projecting an overall
$I5.9-MILLION deficit in FY 2003-04
This is a projected deficit and will be eliminated when the Resource
Management Plan is presented to Council and the School Board
Revenue projectionsfor FY 2002-03 will be updated in February when
additional information is available and after the General Assembly
has met
Balancing the budget may necessitate tough choices - productivity
improvements will be pursued, but by themselves will not solve the deficit.
As indicated by the graph entitled: General Fund Operations, the cost of city operations is being projected
to exceed anticipated revenues over the forecast period. This reflects only City costs and revenues. The
Virginia Beach City Schools 'forecast is separate.
Local Revenues
Over the forecast period, we expect local revenues to grow between
5.7% and 4.6%
Real estate tax revenues, while remaining strong, are expected to
level off as the housing market cools in the later part of the
forecast period
Returns on investments in the community... Town Center and 31"
Street...are expected to generate $3-MILLION annually once
complete
City Revenuesfrom State & Federal Governments
Federal Revenues are expected to grow at 3% over the forecast period
State revenues are expected to decline in FY 2003-04 by at least $3-
MILLION (excludes any impact on educational funding) and then
begin to increase at historic rates for the remainder of the forecast
period
December 3, 2002
- 5-
CITY COUNCIL AND SCHOOL BOARD JOINT BRIEFING
FIVE YEAR FORECAST
ITEM # 50494 (Continued)
Two major cost drivers are included in the City's forecast: Debt Service and Compensation. As noted by
the graph, debt service will increase to a high of IO.54%in FY 2005-2006 and then begin to decline as older
debt issues are paid.
Personnel costs are also increasing as a percentage of the City's budget. The City has made a commitment
to the employees to be the best compensated in the region. Compression is being addressed which has been
used by substantial increases in pay ranges over the last seven (7) years. The City is significantly increasing
the contribution to the benefit package and moving towards more employee choice.
Vicki Lewis, Chief Financial Officer - Virginia Beach City Public Schools, advised the Forecast had been
previously presented to the School Board and, therefore, will be only a summarization, which has been
included in the report distributed. During the forecast period, student enrollment and state revenues are
expected to decline. In the projection period, there have not been any assumptions relative the level of cuts
that K-I2 may experiencefor FY 2003-04. Therefore, the stajJis assuming the Governor '.I' budget presented
last year will flow into FY 2003-04. These figures will not be available until the end of December, just prior
to presentation of the Superintendent's Estimate of Need to the School Board. Department of Defense and
Impact Aid funds will remain level throughout the forecast period. Changes are not anticipated in the
manner in which these formulas and revenues are calculated. Sales tax is estimated to be increased at 3%
a year. The two other bienniums included in this Budget include a 3% increase in overall state funding to
education. It is hoped, within the next two years, the State economy will turn around and the State can be
back on track with the previous years' historical funding rates. A balanced budget will be presented. The
local contribution in the School ',Iforecast has been provided directly by the City's Management Services;
therejore, there is no discrepancy in the numbers utilized. There has been no change in other local revenues
(approximately $2-MILLlON out of$500-MILLlON). There have been no program additions. There is only
one (1) elementary school slated to open during the forecast period, which will encompa,~s twenty (20) to
thirty (30) positions. No increase in VRS life or retirement has been assumedjor FY 2003-04, but there is
an assumed increase in the years out from there. All other programs have been held at current levels of
funding. Basically the School's Five Year Forecast is "status quo" as far as programs.
Recommendations
Continue the Non-Supplanting of State Funding
IdentifY possible revenue sources for new and existing programs
Meet commitments to employees on total compensation increases
within realistic boundaries. Theforecast reflects a recommended
compensation program and includes an assumption of a return to a
4-1/2% merit. There is a trade-ojJin terms o.frestricted service capaci(v.
Manage the Capital Improvement Program (CIP) '.I' use of debt
Re-evaluate existing dedicated revenue streams
Evaluate existing programs for consolidation or elimination
Evaluate current business practices and processes for opportunities to
improve service and reduce costs
Virginia Beach is in a strong financial position and has a clear vision for the future. It is important to
remember that we are still experiencing revenue growth. The City will, however, face tough choices as it
struggles to maintain commitments and to make progress towards our goals.
December 3, 2002
- 6-
ITEM # 50495
Vice Mayor Louis R. Jones, CONVENED CITY COUNCILfor the REVIEW OF AGENDA ITEMS in the
City Council Conference Room, City Hall Building, on Tuesday, December 3, 2002, at 3:37 P.M.
Council Members Present:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim
Reeve, Peter W Schmidt, Rosemary Wilson and James L. Wood
Council Members Absent:
Mayor Meyera E. Oberndorf
[Attending National League or Cities}
Richard A. Maddox
[Family Vacation}
Ron A. Villanueva
[Out of City}
December 3, 2002
- 7-
AGE N DA REV I E W S E S S ION
3:37 P.M.
ITEM # 50496
[1. Resolution concurring with a Revenue Bond issuance by the
Industrial Development Authority of Mathews County:
YMCA Of South Hampton Roads Not to Exceed $3,500,000
Council Members McClanan, Schmidt and Wood expressed concern.
Deputy City Attorney Gary Fentress distributed correspondence from the Bond Counsel, Kaufman and
Canoles, which is hereby made a part of the record. The Young Men's Christian Association of South
Hampton Roads desires "bank qualified tax-exempt bonds" to be issued because such bonds bear a
substantially lower interest rate than other tax-exempt bonds. In order to issue bank qualified tax-exempt
bonds, however, an Industrial Authority must be a "qualified small issuer" within the meaning of the
Internal Revenue Code. A "qualified small issuer" is an issuer which issues no more than $10,000,000 in
tax-exempt government bonds and tax-exempt bonds for non-profit organizations in any calendar year.
During calendar year 2002, Matthews County does not expect to issue governmental bonds and the Mathews
Authority expects to be a qualified small issuer capable of issuing bank qualified tax-exempt bonds for
Young Men' Christian Association of South Hampton Roads.
The City Attorney advised the Development Authority receives a fee when issuing a Bond. In this instance,
as Matthews County is issuing the bond, the Virginia Beach Development Authority would not receive the
fee. The City of Norfolk does impose a third party fee.
ITEM # 50497
[2. Resolution re support for formation of CAPE HENRY
NATIONAL PARK & VISITOR CENTER
Council Lady Wilson distributed a Revised Resolution inserting a new paragraph, lines 16-21:
WHEREAS, the popular interest in Cape Henry is evidenced by (i)
its having been visited regularly since 1707; (ii) the holding of annual
ceremonies a the site by such groups as the Order of Cape Henry 1607,
the Sons and Daughters of the American Revolution, an the Alliance
Francaise Chapitre de Grasse); (Iii) and the number of tourists,
estimated at over 160,000, who drive into Fort Story each year to see
the memorial, the two lighthouses and the fortifications;
ITEM # 50498
[3. Ordinance to APPROPRIA TE $1, 000, 000 from the General
Fund and $1,200,000 from the Water and Sewer Enterprise
Fund Retained Earnings in FY 2002-03 Capital Budget re
additional funding for radio purchases to upgrade the
communication system for Police, Fire and EMS as well as
various non public safety agencies.
Council Lady McClanan expressed concern relative the extensiveness of this item.
Clarence Warnstaff, Director of Public Utilities, advised as a Water and Sanitary Sewer Enterprise Fund,
Public Utilities is obligated to pay the cost of all services rendered from City agencies. The concept is if the
Department were a stand alone water district or authority, certain types of expenditures would be incurred
for services that are rendered from other city agencies. An example would be the communication services.
Radios are utilized in the "day-to-day" operations, second, third and weekendshifis. The funds appropriated
for this project represents Public Utilities' apportioned share of the radio communications cost.
December 3, 2002
- 8-
AGE N DA REV I E W S E S S ION
ITEM # 50498 (Continued)
The radios presently utilized are in the range offifteen (15) to seventeen (17) years old (approximately 257
radios). These radios are at the end 'if their useful life. This upgrade of the 800 MHz Radio System is not
only for Puhlic Safety (Police, Fire and EMS), but all city agencies which utilize this equipment including
Public Works, Public Utilities, Parks and Recreation and General Services.
David Sullivan, Chief Information Officer, advised the City Council has been briefed in the past relative the
radio system. The older Type I radios, approximately 1600, must be eliminated from the City's system, to
enable conversion to Type II, currently supported by Motorola. The Cities of Norfolk and Portsmouth have
almost completed their Type II conversion. Chesapeake has advanced to the digital. There will be different
model radios purchased for different types of users. Generally, the Public Safety radio is more expensive.
There is a mixture of portable, desk set and car mobile radios. This is a "one-for-one replacement ". Mr.
Sullivan has been advised of the need for additional radios in Police and Fire and a request will be coming
fonvard to purchase these radiosfrom another funding source. Over 5,000 radios are in the system. Virginia
Beach operates one radio system for all users. $35-MILLION is invested in the "radio system ". Motorola
owns approximately 80% to 90% of the marketplace. By placing all 1600 radios on one bid, plus the services
to convert all 5,000 radios to Type Ihystem, better leverage has been obtained with Motorola. A $300 trade-
in has been negotiatedfor all the old radios. Thus, the City does not have to dispose of these radios. It will
take approximately nine months to a year to complete conversion of ailS, 000 radios. In 1999, the stajJbegan
seriously looking at the radio system from an investment standpoint when the City was placed in the position
of having to purchase a microwave system because the FCC sold the frequency. The Vendor conducts the
programing. However, last year, a Radio Engineer was employed to oversee this process. The City is no
longer relying exclusively on Motorola or their local vendor.
The City Manager advised a good communication system is essential in a City the size of Virginia Beach.
The City Manager believes the City is lagging behind the other cities in obtaining this communication.
ITEM # 50499
1.4. Ordinance to APPROPRIATE $11,711 additional HOME
Program income to the Department of Housing and
Neighborhood Preservation FY 2002-03 Operating Budget
for HOME approved rehabilitation loans and citizen
grants.
The City Manager distributed a Revised Ordinance and advised a correction in terms.
Stephen Thompson, Chief Financial Ojficer. advised this is actually program income.
ITEM # 50500
BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA:
1.1. Resolution concurring with a Revenue Bond issuance by the
Industrial Development Authority of Mathews County:
YMCA Of South Hampton Roads Not to Exceed $3,500,000
1.2. Resolution re support jor formation of CAPE HENRY
NATIONAL PARK & VISITOR CENTER
1.3. Ordinance toAPPROPRIA TE$1,000,000from the General
Fund and $1,200,000 from the Water and Sewer Enterprise
Fund Retained Earnings in FY 2002-03 Capital Budget re
additional funding for radio purchases to upgrade the
communication system for Police, Fire and EMS as well as
various non public safety agencies.
December 3, 2002
- 9-
AGE N DA REV I E W S E S S ION
ITEM # 50500 (Continued)
1.4. Ordinance to APPROPRIATE $11, 711 additional HOME
Program income to the Department of Housing and
Neighborhood Preservation FY 2002-03 Operating Budget
for HOME approved rehabilitation loans and citizen
grants.
Item 1.2: ADOPT, BY CONSENT, AS REVISED
Item 1.4: ADOPT, BY CONSENT, AS REVISED
December 3, 2002
- 10-
AGE N DA REV IE W S E S S ION
ITEM # 50501
J.I. Application ojAMERICANPARKINGSOLUTJONS, LTD.
for a Conditional Use Permit re bulk storage of motor
vehicles on the east side of Military Highway and
Alexandria Lane (600 Block of S. Military Highway)
containing 48 acres.
(DISTRICT 2.. KEMPSVILLE)
Council Lady Eure requested staff provide City Council with additional information. She does not support
this application and wishes this item discussed during the Formal Session.
Mayor Oberndorf expressed concern as this application abuts a neighborhood and noted the Planning
Commission recommends APPRO VA L,- however, the staff recommends DENIAL.
Due to the absence of the Beach representative (Councilman Maddox), this item shall be DEFERRED to
December 10,2002.
ITEM # 50502
J.3. Application of TRITON PCS/SUNCOMfor a Conditional
Use Permit re a communication tower south of the
intersection of Snow Goose Lane and Hawks Nest Way,
north of Interstate 264 (1400 Snow Goose Lane) containing
11. 69 acres.
(DISTRICT 5 - L YNNHA VEN)
Stephen White, Planning, distributed correspondence from the applicant, relative a utility issue and
requesting INDEFINITE DEFERRAL.
Council Lady Eure requested an Ordinance be devised for this type only communication system to be
approved administratively.
Mr. White advised a number of conditional uses are being reviewed, which could probably be permitted uses
with specific standards. Information will be provided.
ITEM # 50503
J. 6. Application of SANDBRIDGE COMMUNITY CHAPEL,
United Methodist Church for Modification of a Conditional
Use Permit (approved November 15, 1984 and October 24,
1988) re the sale of an existing lot on Little Island and
Sandpiper Roads, in the vicinity of Bonita Lane (3041
Sandpiper Road and 300 Bonita Lane) containing 1.62
acres.
(DISTRICT 7 - PRINCESS ANNE)
December 3, 2002
-11 -
AGE N DA REV I E W S E S S ION
ITEM # 50504
J.7. Applications of the CITY OF VIRGINIA BEACH re a
hospital/medical complex (Sentara) and an athletic club for
a portion of Recreation Drive at Dam Neck and Princess
Anne Roads.
DISTRICT 7 -. PRINCESS ANNE
a. Discontinuance. closure and abandonment containing
2.5455 acres
b. Conditional Use Permit containing 45 acres
c. Chanf!e of ZoninlZ District Classifleation from P-I
Preservation District and R-5D Residential Duplex District
to Conditional 0-2 Office District containing 71.74 acres
Council Lady McClanan expressed concern relative Recreation Drive.
The City Manager advised an agreement will be developed to allow Recreation Drive to be utilizedjor
approximately 3 or 4 years until Phase II of the development.
ITEM # 50505
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
J2. Application of MT. OLIVE BAPTIST CHURCH for a
Conditional Use Permit re a church (parking lot expansion)
at Birdneck Road, south of 19" Street (310 North Birdneck
Road) containing 1.80 acres.
(DISTRICT 6 - BEA CH)
J3. Application of TRITON PCS/SUNCOMfor a Conditional
Use Permit re a communication tower south of the
intersection of Snow Goose Lane and Hawks Nest Way,
north of Interstate 264 (1400 Snow Goose Lane) containing
11.69 acres.
(DISTRICT 5 - LYNNHA VEN)
J4. Application of TYRONE HART for a Conditional Use
Permit re a church to share two (2) suites in a retail center
with a Day Care center at Virginia Beach Boulevard and
Toy Avenue (5441 Virginia Beach Boulevard, Suites ii6and
il7) containing 2.658 acres.
(DISTRiCT 2 - KEMPSViLLE)
J. 5. Application of OCEAN TIDE ASSOCIA TES, L.L. C. for a
Conditional U,e Permit re multiple-family dwellings
(condominiums) on the north side of Shore Drive, between
Sea Shell Road and Urchin Road (2990 Shore Drive)
containing i.03 acres.
(DISTRICT 5 -LYNNHAVEN)
December 3, 2002
-12 -
AGE N DA REV I E W S E S S ION
ITEM # 50505 (Continued)
J 7. Applications of the CITY OF VIRGINIA BEACH re a
hospital/medical complex (Sentara) and an athletic club for
a portion of Recreation Drive at Dam Neck and Princess
Anne Roads.
DISTRICT 7 -- PRINCESS ANNE
a. Discontinuance. closure and abandonment containing
2.5455 acres
b. Conditional Use Permit containing 45 acres
c. Chanrze of Zoninrz District Classification from P-1
Preservation District and R-5D Residential Duplex District
to Conditional 0-2 Office District containing 71.74 acres
Item J.3:DEFER INDEFINITELY, BY CONSENT
December 3, 2002
- 13-
CITY COUNCIL COMMENTS
4:18 P.M.
ITEM # 50506
Council Lady McClanan, advised one of the accountants had advised her some of the localities have now
consolidated their bills with the Hampton Roads Sanitation District Commission (HRSD). Council Lady
McClanan suggested two members of City Council accompany staff to meet with the Commission.
The City Attorney advised conferring with Clarence Warnstaff, Director of Public Utilities. A report shall
be distributed to City Council. Some of the localities have performed this function by a "handshake"
agreement. The perception is every locality has an agreement with the exception of Virginia Beach. That is
not accurate.
The City Manager advised this consolidation was recommended four (4) years ago. In addition to the
convenience of one bill, a $400,000 annual savings was projected. The City was not able to negotiate
adequate safeguards in the agreement re handling the fimds.
ITEM # 50507
Council Lady Wilson referenced the horrendous fatal car accident on First Colonial and Great Neck Roads.
Three years ago her brother-in-law, in a similar situation, was killed}ust two blocks down the street. The
traffic exceeds speed limits. This is a 45-mile per hour road. Council Lady Wilson requested the staf/review
and consider reducing the speed
ITEM # 50508
Council Lady Eure visited the Wells nleater the other night and viewed the Virginia Stage Production. One
of the items on their wish list is a 12-passenger van. Credit was given, through the efforts of Randy and
Arlene Wright who serves on the Virginia Stage Board. The Wrights secured a vanji-om Hampton Roads
Transportation (HRT), which was donated to the Stage Company.
This City requires vans especially for the utilization of the indigent and elderly. Council Lady Eure requested
our representatives be placed on the list to request donations of vans.
December 3, 2002
.14 -
C IT Y COUNCIL LIAISON REPORTS
4:25 P.M.
ITEM # 50509
Councilman Reeve advised The Virginia Beach Transition Area Technical Review Committee, met last
Monday, November 25, 2002,for possibly the last time. The staffis compiling comments into aformalized
report. After receipt of this report, if there is a need to meet again, a meeting shall be held. This report will
be distributed to the Planning Commission for review and recommendations to the City Council. Councilman
Reeve referenced Jason Skog's Virginian-Pilot news article relative the process of the Committee.
Philip Enquist, Urban Planner, Skidmore, Owings & Merrill LLP (SOM), had referenced the northern
Prairie Crossing project in northern Chicago. This project was similar to the City's Transition area. As
Councilman Reeve was in Chicago for Thanksgiving wih his family. Mr. Enquist arranged a meeting with
the developers (who were actually environmentalist) and Councilman Reeve with a guided tour of Prairie
Crossing. Prairie Crossing, which includes 362 home sites on 677 acres, has been designed to combine
development with the preservation of open land and easy commuting to the city by rail. Prairie Crossing has
become a national example of how to design communities to support a better way of life. Thisproject boosts
50% open space The roads are treated as open .\pace. A certified organic farm borders most of this area.
The Prairie Crossing Charter School also makes use of a historic building. The lots are from 1/4 to Y, acre
size. BM?s are used as a resource and not just a physical need for stormwater management. Councilman
Reeve distributed information, which is hereby made a part of the record.
Councilman Schmidt advised the financial vehicle of the Virginia Beach Transition Area Plan is not yet a
reality. However, the staffby December Thirty-first, is to develop a process by which infrastructure will be
self sustained.
ITEM # 50510
Council Lady Eure referenced the Open Space Subcommittee. City staff is unable to produce a monthly
report as the process relative acquisition of open space is quite detailed and lengthy. A report will be
furnished in January,
ITEM # 50511
Councilman Schmidt advised attending a meeting, approximately three (3) weeks ago, between the
Department of Environmental Quality (DES), the Us. Army Corps of Engineers and the Virginia Marine
Resource Committee re the Lake Wesley/Lake Rudee issue. Councilman Schmidt believes all entities will
be working together to make this a reality and a public notice will be forthcoming approximately by the
middle of December.
ITEM # 50512
Council Members McClanan and Wilson referenced the Citizens Committee on Boards and Commissions.
They are very pleased with their progress. Council Lady Wilson advised recommendations will be
forthcoming during the City Council's Workshop on January 14, 2002.
December 3,2002
- 14-
C IT Y COUNCIL LIAISON REPORTS
4:25 P.M.
ITEM # 50509
Councilman Reeve advised The Virginia Beach Transition Area Technical Review Committee, met last
Monday, November 25, 2002,jor possibly the last time. The staffis compiling comments into aformalized
report. After receipt of this report, if there is a need to meet again, a meeting shall be held. This report will
be distributed to the Planning Commissionfor review and recommendations to the City Council. Councilman
Reeve referenced Jason Skog's Virginian-Pilot news article relative the process of the Committee.
Philip Enquist, Urban Planner, Skidmore, Owings & Merrill LLP (SOM), had referenced the northern
Prairie Crossing project in northern Chicago. This project was similar to the City's Transition area. As
Councilman Reeve was in Chicago for Thanksgiving wih his family. Mr. Enquist arranged a meeting with
the developers (who were actually environmentalist) and Councilman Reeve with a guided tour of Prairie
Crossing. Prairie Crossing, which includes 362 home sites on 677 acres, has been designed to combine
development with the preservation of open land and easy commuting to the city by rail. Prairie Crossing has
become a national example of how to design communities to support a better way of life, This project boosts
50% open space The roads are treated as open space. A certified organic farm borders most of this area.
The Prairie Crossing Charter School also makes use of a historic building. The lots are from 1/4 to !;2 acre
size. BMPs are used as a resource and not just a physical needfor stormwater management. Councilman
Reeve distributed information, which is hereby made a part of the record
Councilman Schmidt advised the financial vehicle of the Virginia Beach Transition Area Plan is not yet a
reality. However, the staff by December Thirty-jirst, is to develop a process by which infrastructure will be
self sustained
ITEM # 50510
Council Lady Eure referenced the Open Space Subcommittee. City staff is unable to produce a monthly
report as the process relative acquisition of open space is quite detailed and lengthy. A report will be
furnished in January.
ITEM # 50511
Councilman Schmidt advised attending a meeting, approximately three (3) weeks ago, between the
Department of Environmental Quality (DES), the u.s. Army Corps of Engineers and the Virginia Marine
Resource Committee re the Lake Wesley/Lake Rudee issue. Councilman Schmidt believes all entities will
be working together to make this a reality and a public notice will be forthcoming approximately by the
middle of December.
ITEM # 50512
Council Members McClanan and Wilson referenced the Citizens Committee on Boards and Commissions.
They are very pleased with their progress. Council Lady Wilson advised recommendations will be
forthcoming during the City Council's Workshop on January 14,2003.
December 3, 2002
- 15-
ITEM # 50513
Vice Mayor Louis R. Jones called to order the INFORMAL SESSION of the VIRGINIA BEA CH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, December 3, 2002, at
4:35 PM.
Council Members Present:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim
Reeve Peter W Schmidt, Rosemary Wilson, and James L. Wood
Council Members Absent:
Mayor Meyera E. Oberndorf Richard A. Maddox and Ron A. Villanueva
December 3, 2002
- 16-
ITEM # 50514
Vice Mayor Louis R. Jones entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MAITERS: Discussion, consideration or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.2-3711 (A) (1).
To Wit: Appointments: Boards and Commissions:
Board of Building Code Appeals
Community Services Board
Hampton Roads Economic Development Alliance
Minority Business Council
Planning Commission
Resort Advisory Commission
Virginia Beach Foundation
Volunteer Council
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
acquisition of real property for a public purpose, or of the disposition of
publicly-held real property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
Acquisition/Disposition of Property - Lynnhaven District
Upon motion by Councilman Schmidt, seconded by Council Lady Eure, City Council voted to proceed into
CLOSED SESSION.
Voting: 7-0
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim
Reeve, Peter W. Schmidt, Rosemary Wilson. and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva
(4:35 P.M, - 5:30 P.M.)
December 3, 2002
-17 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
December 3, 2002
6:00 P.M.
Vice Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 3, 2002, at 6:00 P.M.
Council Members Present:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim
Reeve, Peter W. Schmidt, Rosemary Wilson. and James L. Wood
Council Members Absent:
Mayor Meyera E. Oberndorf
[Attending National League of Cities]
Richard A. Maddox
[Family Vacation]
Ron A. Villanueva
[Out of City]
INVOCATION: Reverend Stanley W. Sa"Yer
All Saints Episcopal Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
December 3, 2002
-18 -
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM # 50515
Upon motion by Council Lady Wilson, seconded by Councilman Schmidt, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 7-0
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim
Reeve, Peter W. Schmidt, Rosemary Wilson. and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. OberndorJ. Richard A. Maddox and Ron A. Villanueva
December 3, 2002
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCII~
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 50514, page 16, and in accordance with the
provisions of The Virginia Freedom ofInformation 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 RESOL YED: 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.
~~
uth Hodges Smith, MMC
City Clerk
December 3, 2002
-19-
Item V-F. I.
MINUTES
ITEM # 50516
Upon motion by Councilman Wood, seconded by Council Lady Eure, City Council APPROVED, AS
CORRECTED, the Minutes of the INFORMAL AND FORMAL SESSIONS of November 26,2002:
ITEM # 50456, Page 18
CUUfll-~.:mCf,H Rc:;.c:;. vc:;. Councilman Villanueva inquired relative the
contingency plans re the Annual Holiday Parade on November 16, 2002,
which was CANCELED.
Voting: 6-0
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan,
Peter W Schmidt, Rosemary Wilson. and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining
Jim Reeve
Council Members Absent:
Mayor Meyera E. Oberndorf," Richard A. Maddox and Ron A. Villanueva
Councilman Reeve ABSTAINED, as he was not in attendance during the Ci!y Council Session of November
26, 2002.
December 3, 2002
- 20-
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 50517
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
December 3, 2002
- 21-
Item V-H.I.
PUBLIC HEARING
ITEM#505I8
Vice Mayor Louis R. Jones DECLARED A PUBLIC HEARING:
BEACH MANAGEMENT PLAN
Thefollowing registered in SUPPORT:
Thomas E. Fraim, Chairman - Beaches and Waterways Commission
Thefollowing registered in OPPOSITION relative Chesapeake Beach property (dune destruction):
Attorney Bruce Mills, 21- 61" Street, Phone: 340-0500
Elizabeth and Roger Gregory, 5008 Lauderdale Avenue, Phone: 363-0267
Charles 0. Stainback, 5022 Lauderdale Avenue, Phone: 460-4647
There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING.
December 3, 2002
-22 -
Item V-I.
RESOLUTIONS/ORDINANCES
ITEM # 50519
Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Items 1, 2 (AS REVISED), 3 and 4 (REVISED) of the CONSENT AGENDA.
Voting:
7-0 (By Consent)
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim
Reeve, Peter W Schmidt, Rosemary Wilson. and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva
December 3, 2002
- 23-
Item V-LI.
RESOLUTIONS/ORDINANCES
ITEM # 50520
Upon motion by Councilman Schmidt, seconded by Council Lady Wilson. City Council ADOPTED:
Resolution concurring with a Revenue Bond issuance by the Industrial
Development Authority of Mathews County:
YMCA Of South Hampton Roads
Not to Exceed $3,500.000
Voting:
7-0 (By Consent)
Council Members Voting Aye:
Margaret L. Eure. Vice Mayor Louis R. Jones, Reba S. McClanan, Jim
Reeve. Peter W Schmidt, Rosemary Wilson. and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva
December 3. 2002
A RESOLUTION CONCURRING WITH THE ISSUANCE BY THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF MATHEWS COUNTY,
VIRGINIA, OF ITS REVENUE BOND IN AN AMOUNT NOT TO EXCEED
$3,500,000 FOR THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF
SOUTH HAMPTON ROADS
WHEREAS, there has been described to the City of Virginia Beach Development
Authority (the Authority), the plans of Young Men's Christian Association of South Hampton
Roads, a Virginia non-stock, non-profit corporation (the Company) the principal business address
of which is 312 West Bute Street, Norfolk, Virginia 23510, for the issuance by the Industrial
Development Authority of Mathews County, Virginia (the Mathews Authority) of its recreational
facilities revenue bond in an amount not to exceed $3,500,000 to assist the Company in (a)
permanently financing (I) the renovation/expansion and equipment purchases, including new
aerobics studio, youth gymnasium, activity center, locker rooms, and expanded fitness center and
child care center, at the Hilltop Family YMCA located at 1536 Laskin Road, Virginia Beach,
Virginia 23451, (2) the expansion, additional construction, and equipping of YMCA Camp Silver
Beach, including science center with classrooms, labs, and observation tower, tennis courts,
skateboard park, staff housing, athletic field, and other improvements, iocated at 6272 YMCA
Lane, Jamesville, Virginia 23398, and (3) the purchase of 85 acres of land adjacent to and north
of YMCA Camp Silver Beach, located at the intersection of Beach Road and Occohannock Neck
Road, Jamesville, Virginia 23398 (collectively, the Project), and (b) financing the cost of issuing
the Bond; and
WHEREAS, the above facilities will be owned by the Company and will be located in
Virginia Beach, Virginia, and Northampton County, Virginia; and
WHEREAS, a public hearing with respect to the Bond as required by Virginia law and
the Internal Revenue Code of 1986, as amended (the Code), was held by the Authority on
November 19, 2002, and the Mathews Authority so held a public hearing with respect to the
Bond on August 29, 2002, and adopted an approving resolution (the Mathews Authority
Resolution) with respect to the Bond on that date; and
WHEREAS, the Authority has adopted a resolution recommending that the City Council
ofthe City of Virginia Beach (the Council) concur with the Mathews Authority Resolution; and
WHEREAS, Section 15.2-4905 of the Code of Virginia of 1950, as amended (the
Virginia Code), provides that the Council must concur with the adoption of the Mathews
Authority Resolution prior to the issuance ofthe Bond; and
WHEREAS, the Internal Revenue Code of 1986, as amended (the Code), provides that
the highest elected govermnental officials of the govermnental unit having jurisdiction over the
area in which any facility financed with the proceeds of private activity bonds is located shall
approve the issuance of such bonds; and
WHEREAS, the Hilltop Family YMCA is located in the City of Virginia Beach and the
members of the Council constitute the highest elected governmental officials of the City of
Virginia Beach; and
WHEREAS, a copy of the Mathews Authority Resolution, the Authority's resolution and
a statement in the form prescribed by Section 15.2-4907 of the Virginia Code have been filed
with the Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH:
1. The Council concurs with the adoption of the Mathews Authority Resolution and
approves the issuance of the Bond by the Mathews Authority to the extent required by the Code
and Section 15.2-4905 of the Virginia Code.
2. The concurrence with the Mathews Authority Resolution and the approval of the
issuance of the Bond, as required by the Code and Section 15.2-4906 of the Virginia Code, does
not constitute an endorsement to a prospective purchaser of the Bond of the creditworthiness of
the Company and the Bond shall provide that the City of Virginia Beach shall not be obligated to
pay the Bond or the interest thereon or other costs incident thereto and neither the faith or credit
nor the taxing power of the Commonwealth of Virginia or the City of Virginia Beach shall be
pledged thereto.
3. This resolution shall take effect immediately upon its adoption.
#798334VAdopted by the Council of the City of Virginia Beach, Virginia, on the
,2002.
3
day of
Decomber
Clerk, City Council of the City of
Virginia Beach
......
APPROVED AS TO
LEGAL SUFFICIENCY
~I
~
RESOLUTION OF
INDUSTRIAL DEVELOPMENT AUTHORITY
OF MATHEWS COUNTY, VIRGINIA
WHEREAS, there has been described to the Industrial Development Authority of Mathews
County, Virginia (the Authority) the plans of the Young Men's Christian Association of South
Hampton Roads (the Company) for the issuance of the Authority's revenue bond (the Bond) in an
amount not to exceed $3,500,000; and
WHEREAS, the Company has elected to proceed with a plan of finance pursuant to which
the Bond will be privately placed with a group of banks led by Bank of America, N.A. (the Lender),
for their own account and for investment purposes; and
WHEREAS, the Company in its appearance before the Authority has described the debt
service cost savings relating to the issuance of the Bond as a "qualified tax-exempt obligation"
within the meaning of Section 265(b )(3) of the Internal Revenue Code of 1986, as amended (the
Code), and has represented that the Company is a corporation described in Section 501(c)(3) of the
Code which is not organized and operated exclusively for religious purposes and which is exempt
from federal income taxation pursuant to Section 501(a) of the Code; and
WHEREAS, the Company in its appearance before the Authority has described the health
and other benefits to the City of Virginia Beach (the City) and Mathews County (the County) to be
derived from the issuance of the Bond and has requested the Authority to agree to issue the Bond
under the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia
of 1950, as amended (the Act), to assist the Company in permanently financing (I) the
renovation/expansion and equipment purchases, including new aerobics studio, youth
gymnasium, activity center, locker rooms, and expanded fitness center and child care center at
the Hilltop Family YMCA located at 1536 Laskin Road, Virginia Beach, Virginia 23451, (2) the
expansion, additional construction, and equipping of YMCA Camp Silver Beach, including
science center with classrooms, labs, and observation tower, tennis courts, skateboard park, staff
housing, athletic field, and other improvements, located at 6272 YMCA Lane, Jamesville,
Virginia 23398, (3) the purchase of85 acres ofland adjacent to and north of YMCA Camp Silver
Beach, located at the intersection of Beach Road and Occohannock Neck Road, Jamesville,
Virginia 23398 (collectively, the "Project") and (4) payment ofa portion of the cost of issuing the
Bond; and
WHEREAS, a public hearing has been held by the Authority as required by Virginia law
and Section 147(f) of the Code on the date hereof;
WHEREAS, there have been presented to this meeting the forms of the following
documents and instruments which the Authority proposes to execute to carry out the transactions
described above:
(a) Bond Purchase and Financing Agreement (the Bond Purchase Agreement),
dated as of October 1, 2002, among the Authority, the Company and the Lender, together with the
Company's promissory note (the Note) payable to the Authority; and
(b) The Authority's $3,500,000 Revenue Bond (YMCA Facilities Project) Series
2002 (the Bond), in registered form, and payable and bearing interest as set forth therein.
BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF
MATHEWS COUNTY, VIRGINIA:
1. It is hereby found and determined that the plan of finance described above is in
accordance with the purposes of the Act and will benefit the inhabitants of the County and the
Commonwealth of Virginia and promote their safety, health, education and welfare.
2. To assist the Company in such plan of finance, the Authority hereby agrees to
undertake the issuance of the Bond.
3. Concurrently with the issuance of the Bond, the Chairman or Vice Chairman of the
Authority is hereby authorized and directed to execute and to deliver the Bond Purchase Agreement
to the other parties thereto.
4. The Chairman or Vice Chairman of the Authority is hereby authorized and directed
to execute, the Secretary or Assistant Secretary is authorized and directed to affix and attest the seal
of the Authority, and either is authorized and directed to deliver the Bond to the Lender upon the
terms provided in the Bond Purchase Agreement; provided, however, that delivery of the Bond
shall not occur (a) until the Bond has been approved by the Board of Supervisors of Mathews
County, Virginia (the Board), (b) until the Virginia Beach Development Authority has conducted a
public hearing in accordance with the Act and the Code with respect to the Bond and (c) until the
City Council of the City of Virginia Beach by resolution (the Concurring Resolution) concurs with
the adoption of this resolution in accordance with the Act. All terms of the Bond are by this
reference thereto incorporated herein as a part of this resolution.
5. The Chairman or Vice Chairman of the Authority is hereby authorized and directed
to execute and deliver to the Lender an assigmnent of the Note and of the rights of the Authority
under the Bond Purchase Agreement (except for the reserved rights set forth therein).
6. The Bond Purchase Agreement, the Note and the Bond shall be in substantially the
forms presented at this meeting which are hereby approved, with such completions, omissions,
insertions and changes as may be approved by the Chairman or V ice Chairman of the Authority, his
execution to constitute conclusive evidence of his approval of any such omissions, insertions and
changes.
7. The officers of the Authority are hereby authorized and directed to execute and
deliver all certificates and instruments, including Intemal Revenue Service Form 8038, and to take
all such further action as they may consider necessary or desirable in connection with the issuance
and sale of the Bond and the undertaking of the plan offmance described herein.
2
8. The Authority hereby agrees to the recommendation of the Company that
Kaufinan & Canoles, P.C., Norfolk, Virginia, be appointed as bond counsel and hereby appoints
such firm to supervise the proceedings and approve the issuance ofthe Bond. The Authority hereby
further appoints McGuireWoods LLP as the Authority's counsel to approve the issuance of the
Bond.
9. All costs and expenses in connection with the financing, including the Authority's
administrative fees, the fees and expenses of bond counsel, counsel for the Authority and counsel
for the Lender, shall be paid from the proceeds of the Bond or from funds of the Company. If for
any reason the Bond is not issued, it is understood that all such fees and expenses (other than the
Authority's administrative fee which is payable only if the Bond is issued) shall be paid by the
Company and that the Authority shall have no responsibility therefor.
10. In adopting this resolution, the Authority intends to evidence "official intent" within
the meaning of Treasury Regulations Section 1.150-2. The Authority, including its directors,
officers, employees, agents and counsel, shall not be liable and hereby disclaims all liability to any
person for any damages, direct or consequential, resulting from the Authority's lailure to issue the
Bond or for any other reason, and the Company shall agree to indemnify and hold harmless the
Authority and its directors, officers, employees, agents and counsel from and against all liabilities,
claims, penalties, losses, costs and expenses in any way connected with the Project or the issuance
ofthe Bond.
11. The Authority hereby designates the Bond a "qualified tax-exempt obligation"
within the meaning of Section 265(b)(3) of the Code for calendar year 2002.
12. The Authority's officers shall perform such other acts and adopt such further
resolutions as may be required to implement its undertakings as hereinabove set forth.
13. The Authority hereby recommends that the Board approve the issuance of the Bond
and hereby directs the Chairman or Vice Chairman to submit to the Board the statement in the form
prescribed by Section 15.2-4907 of the Code of Virginia of 1950, as amended, to provide to the
Board a reasonably detailed summary of the comments expressed at the public hearing required by
Section 15.2-4906 of the Code of Virginia of 1950, as amended, and to provide a copy of this
resolution and, upon its receipt, a copy of the Concurring Resolution.
14. Neither the Authority nor the County have endorsed the creditworthiness of the
Company or the ability of the Company to repay the Note and any purchaser of the Bond shall agree
to purchase the Bond at their sole risk and that no representations of any kind have been made to
the Lender by either the Authority or the County.
15. This resolution shall take effect immediately upon its adoption.
3
The undersigned hereby certifies that the above resolution was duly adopted by roll call vote
by a majority of the directors of the Industrial Development Authority of Mathews County, Virginia
at a meeting duly called and held on August 29, 2002, and that such resolution is in full force and
effect on the date hereof.
Dated: /Je~ 7 ,2002
ecret , Industrial Development A hority
of Mathews County, Virginia
#765535 v3
4
VIRGINIA
BF:~CH
Virginia Beach
Development Authority
One Columbus Center, Suite 300
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
November 19, 2002
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re: YMCA of South Hampton Roads Bond Issue
Industrial Development and Revenue Bond Revenue Bonds
Dear Mayor Obemdorf and Members of City Council:
We submit the following in connection with a project for the Young Men's Christian
Association of South Hampton Roads (the "YMCA") whose principal business address is 312 West
Bute Street, Norfolk, V A 23510.
(1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a
summary ofthe 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 Exhibit F.
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
Page 2
November 19, 2002
(5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying
the Project and the principals.
(6) Attached as Exhibit H is a letter from the appropriate City department commenting on
the Proj ect.
Very truly yours,
RGJ/GLF/rab
Enclosures
11/22/2002 14:22 FAX
141002
EXHIBIT A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
The Virginian-Pilot
--------------------------------------------------+---------------------------
KAUFMAN & CANDLES, P.C.
GEORGE L. CONSOLVO
150 W MAIN ST
NORFOLK VA 23510
REFERENCE, 10236406
9974660 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.
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afar of ~'^..."'" \.
PU*LISHED
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ON, 11/05 11/12
My commission expires January 31, 2004
EXHIBIT B
NOTICE OF PUBLIC HEARING BY
THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
FOR THE BENEFIT OF YOUNG MEN'S CHRISTIAN ASSOCIATION OF
SOUTH HAMPTON ROADS
Notice is hereby given that the City of Virginia Beach Development Authority (the Authority)
whose address is 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462, will
hold a public hearing on the plan of finance of Young Men's Christian Association of South
Hampton Roads, a Virginia non-stock, non-profit corporation (the Company), the principal
business address of which is 312 West Bute Street, Norfolk, Virginia 23510, for the issuance by
the Industrial Development Authority of Mathews County, Virginia (the Mathews Authority) of
its recreational facilities revenue bond in an amount not to exceed $3,500,000 to assist the
Company in permanently financing the renovation/expansion "l!Iid equipping, including new
aerobics studio, youth gymnasium, activity center, locker rooms, and expanded fitness center and
child care center, of the Hilltop Family YMCA located at 1536 Laskin Road, Virginia Beach,
Virginia 23451 (the Project). The Project will be owned by the Company. The proceeds of the
bond will also finance a portion of the cost of issuing the bond. The public hearing, which may
be continued or adjourned, will be held at 8:30 a.m. on November 19, 2002, before the Authority
at its office. The bond will not pledge the credit or the taxing power of the City of Virginia
Beach, Virginia, or the Authority but will be payable solely from revenues derived from the
Company. Any person interested in the issuance of the bond or the location or nature of the
Project may appear and be heard. A copy of the resolution to be considered by the Authority
after the public hearing is on file and is open for inspection at the Authority's office during
business hours.
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
TO BE PUBLISHED IN THE VIRGINIAN-PILOT ON TUESDAY, NOVEMBER 5, 2002
AND TUESDAY, NOVEMBER 12, 2002
#798357 vI
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8nflouncei;!et ttl. tlmfJo'tSllle. Pilnluant to ttle federal felr pebt Co~ P.C., Svt>stitUte Trustee this Is ecommunlcetlonfroll1a debt collector. C~ ke NOnCEOFPUSUCHEAAING
9960393 lectlorr Practices Act, we advise you ttlet this firm Is a debt collector For Informetlon contact; Samuel I, White, P.C. (2743-02/VA) 209. a A Public Healing will be held by the
,'" "A 2'702 in?~~kfo ~e :~T~ 21IY ~~d:~~~f~S~a~e~~r:e~s~ ~e~~l ~~hft7, ~~j~~e:~~:&r:.~!r~~i11r:~CO:~:~1~5~~~~ 757.457-1460 - .V I R CO I N I A ~~:'S~geV:~~i~9~2~~16~~0 T~.~
U! ., P.C.. Substitute Trustee This is" communication from e debt collector. VP October 29 and Noveml1er 5, 2002 9975014' in the Council Chamber. City Halt Building, 306 Cedar Road, to con.
l,1998, recorded in the For information contact: Samuel I. White, P.C. (269J..02/-VA) 209 sider the following pelilions: R(CHl2..27
Y, 'df,P'0",md""~'kV,A"4i,o 'C,",llj~:;;:!:rk9,OD,riv,'.mV.''',0"d'',,''..,'0'h,'.mV.irgi","P5','44..", 757-457-1460 . PROJECT: Faxgate Forest, Phase 2
e r\ ee 00 ='m.~" " AS TRUSTEE'S SALE APPLICANT: SIMACOevelopmeot Corporation
1M original sum of VP October 29 and November 5, 2002 9974858 1536 Snowbird Court, Virginia Beach VA 23454 AGENCY: Hoggartl/Eure A5Soc(ates, P.C,
'_ee, ~J~eo~flh~r t~~I~~ In e~ecution of a deed of.trust dated Juoe.29. 1998,. recorded In tt,.e PROPOSAL: A conventional zoning reclassification for 5.762 acres
v '" TRUSTEE SALE 204 Harrier Street Virginia Beach. VA 23462 In e:o:.ecll- Clerio: s Office of the CirCUit Court of the City of Virginia Baach, VA.. In from RE.l Resldent~1 Estate District (5.721 acres) and R,15s Slngle-
et. Portsmouth, Virginia, tioll of a Deed of Trust In the ooginal principal emount of $66,127.00, Deed Book 3912, at Page 1110, securing e, note drawn in the original family Residential District (0.041) to R.1Qs Slngle.famllY Resldentlal
Jperty descnbed 10 said with an annual interest rate of 8.50% from Andre D. Lopez and Jasmin sum of $81,450.00, the undersigll$d Substitute Trustee, will offer for Oislllct PROPOSED LAND USE / DENSITY; Single-family Residential/
Ind briefly descnbea as: Lopez dated February 2, 2000 recorded in the Clerk s Office of tile eir publlc sale on the froot steps of the jUdicial Center for the City of Vir. approKimately 3.2 units per acre EXISTING LANO USE PLAN/DENSITY:
:led In the Clerk's OffICe CUlt Cowt olthe City of Vlfglnla Beach, VIrginia, In Derk! Book 4201, at linia Beach (Court Building No. 10), 2425 Nimmo Parkway, Virginia Suburba(l Single-family / Ofle unit per acre to something less' than four
Virginia in Map Book 26 page 2057, default haVing occurred In the paymant of the Note thereby each, VA" on December 3, 2002 at 10:00 a.m., the property unlls per acre. LOCATION: North side of Parke!" Road betwMn Send)'
secured and at the request of the holder of said Note, the unaer described m said deed of trust, located at the above address and Hill Way. and Meridian Drive TAX. MAP SECTION/PARCEL:
Nill be sold "AS IS" and signed Substitute Trustee Will offer for sale at.public auCUon at the briefly desClibed es; Lot 252B, "Resubdivlslon '9f Lots 224 thru 230 0594005000001 BOROUGH: Pleasant Grove
nd. The sale is subject entrance to the Law Offices of Samuel I. White, P.C., 209 Business 8I1d 244 thru 262, Redwlng, Section Two, Princess Anne Borough, Vir. Proffer:Tht applll:ant/owner acrees not to Hbdlvlde the subjoct
tents and restrictions, If Parj.c: Drive, Virglma Beach. Virginia, on November 19.. 2002 at 2:00 lima Beach, vI.rglnla., recorded in the aforesaid Clefk's Office in Map property Into more tttan 15 IoU.
100 lawfully affecting the O'ClOCK p.m. the property described in said deed, located at the above oak 156 at Page 25. , ALL INTERESTED PARTIES ARE INVITED TO AlTEND AND BE HEARD AT
rollector. address and bnefly descnbed as; Lot 3, Btock R, Norlhlidge, 5eJ?tion T.he property and the Improvements thefeon .will be sold "~ IS. and THE PUBLiC HEARING. Councii meetings are teiecast Jive on WC,TV-48.
~posit 01 $5,900.00 will 1, with Improvements thereon. Terms of sal~; cash; A ,depOSit of Without representation or warran~l~s of eny kmd. The sale I~, ~obje~ The City of Chesapeake will attempt to make reasonOOle accommoda.
:e to be paid within 14 $5,000.00, cash Of certified check, Will be requlfed at the time of sa~ to all liens.' 8l1cumbrances, crlOdltlons, easements and restnctlans, If tlons end selVlces necessary for sensory Impaired and disabled cili-
lodditional terms may be With settlement Within fifteen (15) days from the date of sale. Addl. ClfIy, supenorto the mentioneddeed 01 trust 8I1d lawfullyaffectJngthe zens. Citizens wflO wisllto re~ive such aCC,QmmOdatlqrrs.must COil-
ONTACT: Julian A. Sry.- tional terms may be announced at the time of sale. Pursuilllt to the property. This is a communicallon from.ll debt collector. tect Mr. RobM L. Copeland, Director of lfitergovammental Affairs
arks Avenue, Suite 600, Federal Fair Debt Collection Practices Act, we adVise YOu that thiS firm Terms: CASH ,or certified funds. A bidder's deposit of $7,700.00 ~ll (362-6191), withintllree working days prior to the meeling.
one; 757-437.9500 is a debt collector attempting to rollect the indebtedness referred to be required With the balance of the sale price to_ be paid within 14 DOLORES A. MOORE, MMC
9975160 herein and any information we obtain will be used for that purpose. days at the office 01 the Substitute Trustee. Addlllonal terms may be City Clertl
;~~U;I d~~~~~e:~~"F;u~~~~:ti~~U~n'ia~:ISs~~~eF~.m~~~~iWc~ :g~,oJ~~~b~\I~e ~~este~Oo~ ~~~~~tAJ~~~ ~~~Af~nu~~I~u7t:'8~ VP November 5 end Novemper 12, 2002 9984745
VA 23434 ~\\062201~rr~bl104~OB~S~~fsB;e::enDr~:~V~~~~a a~~a~~~361~.~~ ~~~~z~ach, VA 23451. Phone: 757-437.9500 (VAj02-19420/ THE CITv.oF ~o:::~~g~I=~~~::r AUTHORITY
~~~0~mtRr~rf1 ASAP504848 VP November 5 and November 12, 2002 9975142 FOR THE BENEFIT OF YOUNG MEN'S CHRISTIAN ASSOcIATION OF
ed August 27, 1999, VP October 29 and November 5, 2002 9974835 $OUTH HAMPTON ROADS
t Court for the CITY OF TRUSTEE SALE 4-653 Merrlmac ,Lane Vi'1linla 6each, VA 23455 In TRUSTEE SALE ~~.I;.,e...:~ (~e;e2~.t~~) ~w~st:e~." C~~,',f ,.~irf2~aC~:.a;:,', ~:~.e~~e~~~t.
!\NO RE-ffECORDED AS execution of a Deed of Trust In the anginal principal amount of 1420 Rust Drive, Virginia Beach, VA 2345~219 '''1'' "1 ......,,, '"
undersigned appointed $56,000.00, with an annual interest rate ,of 11.55% from Celvin C. in execution of a Oeed of Trust In tile orlgmal principal amount of SUite 1000, Virginia Beach, Virgmia 23462, will hold a pubhc Manng
auctJon in the_CITY OF James dated November 5, 1996 recorded III the Clerk's Office of the $lBO,OOO.OO, with an ennual interest rate of 6.75% from Ivan James on the plan of finance of Young Men's CllnSlian Association of South
Courts building located Circuit Court of the City of Virginia Beach, Virginia, In Deed Soak 3978, McMahon Jr. dated May 3, 1999 recorded in the Clertl.s Office of the Hampton Roads, a- Virginia nOll-stock, non.profil corporationJthe Com.
November 22, 2002 at at page 1898, default having occllrred in the payment of the Note Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4076; =i. ~~rfoI~Cier~~Sj3~;~o.dd~~sf~fiS=~~s ~1~e ,~~~~i
: thereby secured and at the request of the holder of said Note, tile a"t:,.a,!'y ,','04,',,,' ",~~I,t,',~',i",g,,',C~~r~f'h'"'~'~'dP,ar~f'.",';odtN~'',,'. f~: Development Authority of Matllews County, Virginia {the Mathews
I ON THAT PARTICULAR undersigned Substitute Trustee will offer for sale et publiC auction at ~ " Autho...." of its recrea\lon.a! facilities -,.,nue bond i,.. ,n amount not
MILL SECTION FOUR, the Imtrance to the Law Offices of Samuel I. White, P.C., 209 8usi- under.signed Substitute Trustee will offer for sale at pubilc auction at "'1 ,~'....' .
.. RECORDED IN PLAT ness Park Drive. Virginia 8eecll, Vi~inie, on November 19, 2002 al tile entrance to the Law Offices of Samuel I. White, P.C., 209 Busi. to exc&ed $3,500,000 to assist the Company in permanently finarlc-
OF THE C!RCUIT COURT 2;05 o'clock p.m. the property described in said deed, located at the ness Park Orive, Virgmia Beacll, Virginia, on November 14, 2002 at Ing the renovation/expanSIOn and equipping, including new aerobics
above address and briefly described as; lot 23, EI.!i)'Side Villas, WIth 2;30 o'clock p.m. the property described in said deed, located at the studio, youth gymnasium, ectivity ~nter, loclIerrooms, and expanded
improvements thereon. Terms of sale: cash: A deposit of $5,000.00, above address and brillfly described as: fitness center and child care_ center, 01 the Hilltop Family, YMCA,located
cash or certified ch9l:k, Will be required 8t the time of sale ,with Lot 65 Thorougllgood Estates Section One With Improvements at 1536 laskin Road, Virginia Beach, Virginia 23451 {the Project).
settlement within fifteen (15) days from the date of sale. Addlllonal thereon: " . . ~~Ir ~~~~e": ::.r:n ~f ~~ ~~T~ns~~ ~h~:'~.o~~ep~~~~
terms may be announced _at the time of sale. Ptlrsuant to the Federal TERMS OF SALE: CASH: A deposit of $15,000.00, cash or certified lleari whl II . d'l h Id 830
Fair Debt Collection PractICes Act, we advise you that this firm IS ,a check, will be required at the time of sale with settlement within fif- ng.. c may be continued or adjourne ,wlllle e at :
debt collector attemptmg to collect the indebtedness referred to lIerem teen (15) days from the date of sale Additional terms may be a.m. on November 19, 2002. l1efore the Authority at Its office. The
and any InformatIon Wtl obtain will be used for thatpurpose. Samuel I. aMOunced at the time 01 sale. Pursuant to tll~ ~erat Fair DeDI. Co~ = ~I~;h~\!:~~~, t~ ::~~t~:; ~~i~II~~~~: s~~lyo~r~
White, P.C., Substitute Trustee ThiS is a communication from a debt lection Practices Act, we advise you that this firm is a debt collector revenues derived from the Company.. Any person Interested in the
(8~~~2/C~~V) i2b~rm:tion co~ta~; 0 .~~u~ I. Be Wh~te,v tCa ~:~~~I~~ ~ ~~~~t~i~eb~n~:~~~~II~~ ~~~::e~ to herein and any Issuance of the build or the location ornatu.1"ll of the Projectmey
23462 757--457 1460 ug~rs:e~en ~'OO ~ ~liaand ~l:30ir ~% SAMUEl!. WHITE, P,C.. Substitute Trustee appear end be heard. A copy of the resolution to be considered by the
A$AP504a50 - - .. .. . .. This Is a communication from a debt collector. Authority a,fter the piJIJlic heerin~ Is on file,andis open for inspection et
VP October 29 and November 5, 2002 9974820 ~~LNlt.OI~~\~~~ ~~(~CJ~.Q2/CONV) . the Authority's offICe during bu~W:~F ~R~iNIA BEACH OEVELOPMENT
209 8usinessPerl; Olive , Vp November 5 and NOVembet~~~~~TJ 9974660
TRUSTEE'S SALE OF ~~1~~7~~4m- :g~:r~e~~::n2
1058 COMMONWEALTH PLACE, VIRGINIA BEACH, VA. 23464 9:00a.m. and 11;30 a.m. C~ake
In execution of a Deed of Trust in tt\e original principal amount of VP November 5, 2002 end November 12, 2002 9968408
$51,500.00, witll an annual interest rate 0(7.50000% from ULUAN . VIRgiNIA
~e ~~~ ~~~ ~:: t'll~ogt'VI~d B~g~l~ O:~dB=~~70J , NOT~E OF TRUSTEE'S SALE NOTICE OF PUBUC HEARING
AT PAGE 0150, the undersignedappoirrted Substitute Trustee will offer In eX9l:lIlion of a certeln deed of tr~st dated June ~, 1996 and A PYlllic Healing will De held by the CllesapeakeCity Council on Tues-
for sale at public euction in the CITY OF VIRGINIA BEACH, at the fro,..t recorded on ~une 5, 1996 In the Clerk s Office of the City of Vlrilnla ~.- November 19, 2002 6:30 p.m. in the Council Chamber, City Hall
door of the law firm of Shapiro & Burson LLP 240 Clearfield Avenue Baa~h, Virgima, AS INSTRUMENT #0081337, INDEED BOOK 3624, Building, 306 Cedar Road, to COI1sldarthe follOWing petitions
Suite 321 Virginia Beach Virginia on NOvemher 16 2002 at 11'30 PAGE 1837, from the OnglnalBorrower(s) to 6.H. Hanselll~ and M.D. TA-Z42~ _ _ '
AM the Propertywilh improvements to wit ' . Barnes, Jr., Trustee(s), and defau!t'hevir\i):been ma(le In the payment An Ofdlnance,amendlllg Appendix "A" of the Chesapeake City Code, ,
lor' 6 IN BLOCK M AS SHOWN ON THAl CERTAIN PLAT ENTITLED of the debt secured, with tile original principal balaoceof $4O,000.OQ, errtitled "Zoning: Section 14-707 thereof.. to allow signs in unim-
"SU8DIVISION OF PARcEL 'K.6' LEVEL GREEN TOWNHOUSES, SITE Ill, and at.1he req~st of the lleneflCia~ under said deed of trust the proved public rlght-<lf-way under certain conditions.
PART I KEMPSVILLE BOROUGH VIRGINIA BEACH VIRGINIA' WHICH unders!gned, hal'lng been duly appOinted Substitute Trustee(s), has TA-z.o2~
PLAT IS RECORDED IN THE CLERK'S OFFICE OF T'HE CIRCUIT COURT declared all the debts and obligations secured ~the deed-oftrust dueAo ordinanCl!! amending Appendix "A. of tile Chesapeake City Code,
OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 164, AT and payable and will ~Her for sal~ at. public auCtion to the lIigtlest bid- entitled ."ZO,..ing," Section 19411.6;27 and C, thereof, to modify pari(.
PAGE 38. . der In ~nt of Virginia .B~ach Circuit Courthouse 2425 Nimmo Park. Ing requirements lor churches.
;1nd described in the above Deed of Trust. (Tax Map No. way Virginia Bj:!ach, Vlrgmla 23456. on November 21, 200~, at 8;30 TA-Z.o:w.O
1456-41.9989-0000j A:M., the fOliowin~ described property located at 3460 Bancroft Drive An ordinance amending Appendix "A" of the Chesapeake City Code,
THIS COMMUNICATIoN IS FROM A DEBT COlLECTOR. Virginia Beacll,.Vlrglnla 23452, and more particulariy described as entitled "Zoning,. SectiOllS 16-102, lH02, 17.103 and 17.104
TERMS OF SALE: All CASH. A bidder's deposit of $5,100.00 or FOlLOWS, TO '(lilT: , .' ,. . thereof, to modify application requirements for rezoning end condi-
10% of the sale plica, wllichever Is lower, will be required In cash, cer- All that certam lot. PKlce or parcel of .Iand, W1.th the ~u!I~lngs and tional use penMs. .'
tilied or cashier's check. Settlement within fifteen'(lS) days of sale, Improvements thereon,_sltuate, located I~ the City of Virginia E1eac:h, A.RESOumoN TO AFFIRM THE ESTABUSHMENT OF THE URBAN,
otherwise Trustees may forfeit deposit. Additional terms to be VI~lnla,known~dd"eslgna.ted.aslotE, In Blo<;k.s 42 &53,es sllown SUBURBAN, COUN11I:YSJDI AND RURAL OVERLAY DISTRICT AND
announced at sale. Loan type: CON. Trustee's FIle No. 02.753590. on that plat entitled :Subdlvlslon plat of lot 7 and percel B, Block 42 All REZONINU'THERf UNDER"
PROFESSIONAl FORECLOSURE CORPORATION OF VIRGINIA, Subst~ & 53 (M.B. 121, P. ~4):. lots 1 8< 2, BlOck 18 (M.B. 139, P. ~8): TA-z.02.()4{REV)
tute Trustees C/O SHAPIRO & BURSON LlP 240 Clearfield Avenue Pecan Gardens SubdIVISion. Lynnllaven Borough Borough, Virginia ,AN ORDINANCE MOOIFYING CERTAIN PORTIONS OF TliE AMEND-
Suite 321 Vir'ginia Beach VA 23462 (757) 6!h.s777 ' Beach, Virginia", which said plat iS,dUly recorded in t.he Clerk's Office MOOS ADOPTED ON OCTOBER 15, 2002 TO APPENDIX .A' OF THE
VP NOVEMBER 5 AND 12' 2002 . 9985496 of the Circuit Court of the City of Virginia Beach, Virginia, In M,ap Book CHESAPEAKE CITY CODE, ENT!T\.ED .ZONING," SECTIONS 19-708,
. 146, at page 55. _ _ , _. 19-709 ANO 19-712 THEREOF, TO REOUCEffES IN LIEU Of OPEN
NOTICE OF TRUSTEE'S SALE ThiS conveyance is subj9l:t to aU easements, restrictions, conditIOns, SPACE REQUIREMENTS FOR MULTI.FAMILY, PLANNED UNIT DEVELop.
In executioo of a certain d~ of trust dated January 25, 1994 and imd reservatIons of record affecting the title to the property hereill- MENT, GROUP HOUSING FOR THE ELDERL'!" AtlO OTHER RESIDENTIAL
recorded on February 1, 1$194 In tile Clerk's Office of the City of Vir. above described. ., _ ' DEVELOPMENTS WHERE IMPROVED PRIVATE pARKS ARE PROVIDED.
ginia Beach, Virginia, IN DEED BOOK 3342, PAGE 1292, from the The beneficiary resetV9sthe, light to bid at said sale. AlUNTERESTEO PARTIES ARE INVITED TO ATTEND AND 8E HEARCiAT
Frarocis A. Gerner to Linda Johnson Hoitz, Trustee(sl, and default Mil- TERMS OF SALE: Casll, certified funds, caslllers checks, trust account THE PUBLIC HEARING~ Council meetings ar$1el9l:astlr,.e on WCTV-48.
Ing been made In the payment of the debt secured, and at the request checks.' _ The City of Cllesapeake will attempt to make reasOf1able accommoda-.
of tile benefiCiary under said deed of trust the undersigned, havlllg !\, bidder's deposit of TEN percent (10%) MAY be reqUired on date of lions and services necessaiy fqr sensory Jmpalred end disabled eltl'
been duly appointed Substitute Trustee(s), has declared al! the debts saie with settlement in full \0 be made within 15 days from date of tile zens, Citizens who wish to fecel~e such a~(l1odatloIlS must cl?ll- 'C
and obhgatlons S9l:ured by the deed of trust due and payable and Will said sate. , . tact Mr. Robert L. Copeland, Director of Intergovemmental Affairs
offer for sale at publiC auction to the highest bidder In front of Virginia This. notic.e is an attempt 10 collect edebt and any IIlformation (362.6191). within three working days prior to themeetiog.
Beach CirCuit Courthouse 2425 Nimmo Parkway Virilnia Bead!, Vir. obtained Wilt be used for that purpose. Q9LORES A. MOORE, MMC Z '
ginia 23456, on November 21.2002, at 6;30 A.M., the follOWing TS#; 02.V9B31VA City Clerk
described property located at 604 Johnson Street Virginia Beach, Vir. Loan Type: ~ONV VP November 5 and NOIIember 12, 2002 9984699
ginia 23452, and more particularly de~cril)ed as. FOLLOWS, TO WIT: for Information Contecl:
ALL THAT CERTAIN LOT PIECE OR PARCEL OF LANDWITH THE 8UiLD- SPECIALIZED INC.. OF VIRGINIA,
INGSAND IMPROVEMENTS THEREON SITUATE IN THE lYNNHAVEN SUBSTITUTE TRUSTEE
MAGISTERIAL DISTRICT PRINCESS ANNE COUNTY, VIRGINIA (NOW THE 722 E MARKET STREET Suite 200
CITY OF ViRGiNIA BEACH. VIRGINIA) ANO KNOWN, NUM6EREO AND LEESBURG, VIRGINIA 20176
DESIGNATED AS lOT 40 ON THAT PLAT ENTITLED 'PLAT-OF lIlTLE (703) 779-0080
NECK VILLAGE EXTENDED" WHICH PLAT WAS MADE BYW.8. GAllOP Callbetwee:n9AM-UAM EST ONLY
MARCH. 1955, AND DULY RECOROED)N THE CLERK'S OFFICE OF THE VP October 29, November 5, 12, 19, 2002
CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP
BOOK 38, AT PAGE 55.
This conveyanca is subject to all ,easements. restrictions. conditions,
and reselVatlons of record affecting the tlUe to tt1e propeftyllerelll-
above described.
The beneficiary reserves therigllt to bid at said sale.
TERMS OF SALE; Cash,certifled funds, caslllers checks. trust account
checks.
A bidder's deposit of TEN percent (10%) MAY be required on date of
saie with settlement in full to be made within 15 days from date of the
'plincipal amount of said sale.
.5% from Vincent G. This notice is an attemplto co)lect a debt end any information
'k's Office of the Cir. obtained will be used for that purpose.
Deed Book 21B9, at TS#:02-V9B23VA
"of the Note thereby LoanType:VA;VA
aid Note, the under. ForinformalionContacl:
public auctiOfl at the SPECIALIZED INC., OF VIRGiNIA,
of Chesapeake, 307 SUBSTITUTE TRUSTEE
ember 26, 2002 at 722 E MARKET STREET Suite 200
deed, located at the ~E~E.8Y_R5l. Y~R_GiNIA 20176
If-
<Map No. 253129500)
ClOR.
XlSit of $B,500.00 or
e required In cash,cer-
teen (15) days of sale,
X1itional terms to be
FIle No. 02.75316V.
Of' VIRGINIA. Substi.
240ClearfleldAvenue,
'-8777.
)2 9972144
1. VA 23707 In execu.
lO:Iountof$35,650.00,
leyG. Meers, Jr. dated
otthe CirJ;uit Court of
1054, at page 1678,
N<Jte thereby secured
he undersigned Subst~
at the ef1trance to the
Ih,Virginla,onNovem-
Ilftydescribedinsaid
~ described as; Begin-
1ue 100' South of the
\driatic (Rlrmerly First)
Ie East side of Rood a
street140'loa-15'
Me 30'; 'thence West,
nt of beginning,. with
deposit of $2,500.00,
he time of sale with
lte of sale. Additional
ursuant to the Federal
011 'that 'this firm is a
1eSS referred to herein
'lilt purpose. Samuel I.
lu,..icationfrom a debt
IIlI I. White, P.C.
rginlaBeach,Virglnia
l.m. and 11:30 a.m.
9975593
,Virginia
240)
lofac(lrtainDeedof
~rt~C~~u~tmC~~ ~~
l:i~J:fo~ ~Sh t~~
ebuUdingl10uslngthe
~~~=io~1~~~"e
lfded in the aforesaid
.,(includingthelienof
>>-I9nants,andcondi-
Wluld be disclosed by
f 1,500.00 at time of
;. Tile successful bid-
Trustee'sSaleoutiin.
:hwill be available for
9974342
(j)Nl,dolk
Foreclosures - Elsewhere
9979230
Trustee's Sale
22244WoMsTreil,Franklin, Virginia
(Ta~ Map 10 No. 63A.l.13)
Defaultllavingbeen made In tile terms of a certain Deed of Trust
dated November 22. 1997, in the orlglllal prinCipal amount of
$80,343.35 and recorded inthe Clerk'sOHice of tile Circuit Court of
Ihe County of SOUthampton, Virginia in Deed Book 437',at page 369,
the undersigned Substitute 7rustees, Will sell at public auction for
cash on November 13, 2002,'at 12:15 p.m., infrontoltllebulldi~g
lIousingthe Southampton County Circuit Court, 22350 Main Street,
Courtland,VA,tllepropertydeslgnatedasLot13containlng24,739
sq. ft,and shownona plat entitled "Pllysical Survey Showing LOl13,
Section I, Edgehlll,Located on Route 706. At Edgehill Orive, Franklin
MagisteriaIOistrict,SoulhamptonCounty,Vi~inia.,acoPl'ofSaidplat
is duly recorded In the aforesaid Clerk's Office In Deed Booll 273,et
M"~O"'''
PUBUC HEARI~ .t
The Council of the City of Norfolk wi!l coiKlucta PUBLIC HEARING In ".
the Council Chamber. eleventh floor, City Hall Building, TUESDAY,
NOvt:MBER 19. 2002 at 2:30 P.M., pursuant to State Law on the fol-
lowing applications: .'
OLD DOMINION REAL ESTATE FOUNDATION,for the following applica-
tiens on property fronting 530 feet, more or'Il!!SS. along tile western
1ir1e of KiHam Avenue, beginning at the \I'Ilstern prolongallon of the..
soutllem Ilne of 44th Street and extending,northwardly. Therectangu..,...,
lar sllaped site also extends 570 feet, m,re or,less, westwarafrom
Killam Avenue. The Generaf Plan 0INorfolk.-1992,depictstllearea as
both IndustOal/transportation/u~lity and higll den~lty reSidential. Tile,
ptwpose oftllis application Islodevelopstu~entho~sin~ '
NOVf\!Abtr 5/200'7..
.PCS
Foreclosures. PCS
Foreclosures. Va. Beach
legals
.111. 'vA 23434 In exe<:utioi1 of a TRUSTEE SAlE 411 StlOfeblrd Lane Chesapeake, VA 23323 In 81\E1cu. TRUSTEE SALE 4217 Canebfake Court VirJinla Beach. VA 23456 III
TlOllnt of $95,829.00, with an tIon of a Deed of Trust In the original principel amount of execlltlQf1 of a Deed of Trust In IlIe anginal pnncipal amount 01
1ft M~'Murphy dated December $118,610.0Q, with an ann~allnterest rate of 7.25% from Scott_F. WI~ $184,650.00, from Ernest F. Lewis dated September 15, 1998
f ttle Circuit COllrt of ttle City of Iiams and Lisa C. Williams deled June 11, 1998 recorded In the recordel! in the Clerk's Office of the Circuit Court of tile City of Virginia
'15330, at page'470, default Clerk's OffICe of the Circuit Court of the CIty of Chesapeake. VtfI!:ima, Beach, Virginia, in Deed BooII 3953. at page 1698, default having
Gte therebv secured and at tile In Deed Book 3685, at page 504l1nd modified In Deed Book 4105, atoccUll1Id In the payment of the Note thereby secured 8;Od at the
mdersigned SubstiMe Trus~ page 162, ctefal,l/t having OCClJrred In the pa~ent of the Note therelJy request of the holdllr of said Note, the ur\derslgn&<j Substitute Trustee
tile entrance to the Godwin secU18d and at the request of the holder of said Note, the under- will offer for sale at public auctioo at the entrance to the lew Offices of
t, Suffolk, Virginia, 0f1 Noverr;. signed Substitute Trustee will offer for sale at public auctiOl1 at the Samuel I. White, P,C., 209 Business Park Dri\le, ,'(\!'ginla Beach, Vir-
Ile property described In said main entrarlCe to the Circuit C,oort of the City of Chesepeake, 307 gIrlia, on NOvember 19, 2002 at 2:05 O'clock p.m. the property
:l briefly described as: Lot 57, Albemarle Drive, Chesapeake, VIrginia, on November 19, 2002 at described In said deed, located at the above address !;Ind Melly
wnhouses, Phase Four", with 10:30 o'clock a.m. the property descfibed In said f:leed, located at tile descnb&r:l as; Lot 48,Hlllcrest Farms"Phase lA, with improvements
:ash: A ~posit of $7,500.00, above address and briefly described as: Lot 23, Deep Creek Crossl~, thereon. Terms of sale: cash:,A depoSit of $15,000:00, cash or cert~
lld at the time of sale with Section 3, with improvements thereon. Terms of sale: cash: ~ dePOSit lied clleck, will be required at ,the time of sale with settlemem within
n the date of sale. Additional of $10,000.00, cash orcertifJed check, WlII be required at the time of firt,een (lS) days from the date of sale. Additional terms may be
sale. Pursuant to the Federal sale with settlement within flfteen (15) deys from the date of sale. aMOUnced at the time of sale. Pursuam to the FeOeraI Fair Debt Col.
:tdvise )'Ou that this firm is a Additional terms may be annoul'IC8d at the time of sale. Pursuant to lection Practices Act, we advise you that this firm Is a debt collector
ldebtedne,ss referred to herein the Federal Fair Debt Cotlection Practices Act, we ad\'lsa you that this attempting to collect the Indebtedness referred to herein and any
ed for tflat purj:lose. Samuel!. firm Is a debt collector <lrtempting to c,ollect the indelltednesneferred information we obt<lin willl)e used for that PWPOSl!. Samuel I. Whits,
a CQmm(jfllcation from a debt to herein and any information we obtall1 willl)e used for that purpose. P.C., Substitute Trustee ThiS Is a communication from it debt collector.
all. White, P.C. (:2709-02/VA) Samuel I. White, P.C., Substitute Trustee This Is a communication For Information c,ontact: Samuel I. White, P.C. (2726-0~VA) 209
~nda::~~ a.~~~P5Jl~; [~~~i~~~~II~tgr'J~~I~~s~~i~n ~:~i:~ue~ac~~i~l'r:ri~ ~:IW~~~:~~.11n~a1~~~:~rl~~~~~~ 757-4 7-1460 .
9975105 23462 757457.1460 Call Between 9;00 a.m. and 11:30 a.m. VP October 29 and November 5, 2002 9975090
ASAP504852 '
VP October 29 and November 5, 2002 9974794
PUBUC ~nCE
Notice is hereby liven that Scott Ri,ell tIas applied fora permit from
the Marine ResoUl'CElS Commission to dredge 580 clAlic yards of bot.
tom material to create a JTIOOlinlfb8sln with an average project depth
of minus six feet (-6') at mean low water and construct BIlproximately
100' of bulktleadin(at their property situaled along Linkhom Bay in
V1rgllliaBelk:h.
send commems/lnquiries withil\15 days to: the Marine Resources
Commission, Habitat Management Division, 2fiOO Waslllngton
Avenul,3rdFlOOf, Newport.News, Vifiinla 23607.
tsmoutll, VA 23701 In execu-
nclpalamountof$71,421.00,
I Chllrles D. Parker, Jr. dated
; Office of the Clrcuil Court of
d Book 1219, at page 1652,
of the Note thereby secured
Note, the unclersigned Substi-
lIuctionattheentrancetothe
rtsmouth, Virginia, on Novem-
oe property described In said
I bfiefly described as: lot 99,
ents thereoo. Terms of sale;
ertified check,will be required
lin fifteen {15} lIays from the
n(loun<:ed at the time of sale.
:tioo PractJces Act, we advise
emptlngto collect the ifldebt.
n<lUon we obtaill will be used
SubstlMe Trustee This is a
r Information contact: Samuel
'ss Park Drlve Virginia Beach,
:tween 9:00 a.m. and 11:30
H011CE OF, PUBLIC HEARING BY
THE CITY OF V1RGINJA BEACH DEVELOPMENT AUTHORITY
FOR THE BENf:m OFAIf'HALT ROADS. MATERlALS CO., INC. _,
Notice,is hereby given that the City of W,glnla I,k\acll Deve!Qpment
Authonty (the Authority) Whose address is 222 C!;!ntraI Park Avenue"
Suite 1000, Virginia Beach, Virginia 23462, will hold a J)Ublic hearing
on tile pfan offlnance of Asphalt IWads& Materials Co., tnc., a Vir.
giniatorporatlon (Itle Company), the principal business address of
which Is 4901 Cleveland Street, Suite 2, Virginia Beach, Virginia
~:~~, II~s~~~o';r~h:o~~:: t,~,tt: ~~~~~~
Company In financing the acquisition and Install8tionofa new asphalt
TRUSTEE SALE 3817 Aberdeen Court Virginia Beach, VA 23456 In marwfacturingplant to be located at 4985 Euclid Road, Virginia Beech.
TRUSn:E'S SALE OF 911 Garfield Avenue Suffolk VA 2343410 execu- execution of a Deed of ,Trust In the .Oflginal principal amount of Vlrgmia 2346"2 (the ProJectJ. The Project will be ownQij by the. Com-
tlon of a Deed of Trust In the original principal amount of $31,500.00, $87,.03S.OO, from BHtyR.Elkinsa/k/a Bllty R.EllIlns Sf. and Tharan L pany. The proceeds of the bonds will also finance a portion of the cost
W09~~=, ~~~ a~~~~ r:C~~:~ft~ra~I:;:)co:7~ ~~~ ~~~ ~~t ~ ~=i~~~:, 1~;i;~ej~'~~C:O~k~~~~ ~~~,~I ~e~;ld~~~3~ca~~~'~~~~ 2COO~~:10~~
the City of Suffolk on 11/18/1998 as Instrument # 980012218, In page 1718, default having occurred in the payment of the Note thereby the Authority in ,the conference room at its office. The bonds will not
Book 62.0. Page 496, the lII\d8l'SIgned appointed Sli3stitute Trustee secured and at the request of the holder of said Note, Ihe under. pledge the. credit or Ule taxlngp6wer of the City of Vlfgin,.. ,Beach, Vir.
~~s~ffe~/~~ sac~~~ p~:~ ~:~o: ~ tho~ ~~I~~;~fN~~ ~~~ :~~c:~~s~~ia:ru~~~e:~f o:~: f.a:n~~~~b~, ~~I~U:i~: ~'~ ~ ~~y ~~ ~:~ta:s:ern ~ rl':':~:~ d;r~~
Slreet, Suffolk, Villinla on 11/26/2002 at 2:45 P.M., the property Park Drive, Virgln18 Beach, Vlrgin18" on November 19, 2002 at 2;00 bonds or the l:atioo or nature of the Project may appear aM be
with Improvements to wlt; All that certamlot or percalof land, formerly o'clocll p.m. the property descrTbed III said Geed, rocBted at the above heard. A cop)' of the resolution to be considered by the Authority alter
In Nansemond County, Virginia, flOW Holy Neck BoroUgh, Sufrolk, Vir- aclc:lress and briefly described as: Lot 24, Block A, Plat of Green Run the public hearing \ViII be on file and open for Inspection at the
gioia, on the north side of the Seaboard Coast Une Railroad Company, PUO, Section H.2, Pelt 1, with Improvements thereon. Terms of sale: Authority's officedunng business hours prior to the public hearing.
formerly Seaboam Air Une Railroad, designated as lot No.2 Dfl the cash: A deposit of $7,500.00, cash or certified check, will be required CITY OF VIRGINIA BEACH DEVELOPMENT
map of BOSTON PARK, made by Roy 8lil'lkley, C.E., dated May, 1949 at the lime of sale wltIl setUement within fI1te8l1 (15) days from the AUTHORITY
and recorded in the Clerk's Office of the Circuit Court of the City Of date of sale.. Addltlo~1 teons may be announcllll at the time of sale. VP November 5 and Novemtler 12, 2002
Suffolk. Virginia. And more ful!}' described In the above Deed of Tru$t. Pursuam to the Federal Fair Debt Collection Practices Act,we advise
Commonly known as 911 Garfield Avenue Suffolk VA 23434. Tax ID: you that this firm Is a debt cbllector attempting to collect the Indebt.
34B-P2. Terms of Sale; All Cash., A bidder's deposit of $2,900.00 or eelness referred to herein and any informatIOn we obtain WIll be used
10% of the sale price, whichever IS k>wer,,wlll be required in cash, C8f- fOf that purpose. Samuel I. White, P.C., Substitute Trustee This Is a
tified or caShier's checK Settlemelll withm twenty (20) days of sale, commulllcatlon from a debt collector. For information contact: Samuel
othelWlse Trustee may forfeit depOSIt. Additional tenns to be l. White, P.C. (212tw2/VA) 209 Business Park Orive Virginia Beech,
announced at sale. This nolice is an attempt to collect on a debt end Virginia 23462 757-457.1460. Call Between 9;00 a.m. and 11:30
any information obtained will be used for that purpose. Loan Type: a.m. ASAP504840
Conv/Conv (Trustee # l84536VIR) Substitute Trustee: Omper &< Gold- ,yP October 29 and November 5,2002
berg, PLLC, 750 Miller Orive, Ste. C-l, Lees~rg, VA 20175.
~~~b:rlgJ'a~~~~~~~~~OO~Old.com ASAP50~~3B9
Public Hearings
1i.
9984418
~ NOTICE OFPUIUC HEARING
APubIIcHearing.willbelleldbl~'
. VIRGINIA Chesapeake City Council on .ues-
(,lay,NovemIler 19,20026:30 p.m.
in the Council Chamber. City Hall Bullding, 306 Cedar Road, to coo.
~~~J2~:fO~::~fm~ons: RICHl2-38
APPLICANT: Creekbend Associates. LLC
AGENCY; Leclair Ryan
TRUSTfE SALE 3908 Arleen Court Virginia Beach, VA 23456 In execu- PROPO~AL:, A. conditional zoning 'reclassification .from. M.2, General
tlon of a Deed of Trust in the original principal amount of Industrial District (HeaV)' Industrial) and R-8s Residential Distrlcl to
$104,109.00, with an annualiflterest rete of 6.50% from, LaIT)' C. R-12s Residential1?lstriCt on 77.8t acres. PROPO.SED lAND USE /
Hamiter ancI Alice G. Hamiter dated December 16, 1998 ~rded in DE.NSITY: Urban Single-family with one to somethlflt less than fo.ur
the Clerk's Office of the Circuit Court of the CIty of Virginia Beach, Vir- Ul1ils EXISTiNG lAND USE PlAN/ ~SITY; Water.related Industrial
TRtlSn:E SALE 1297 Fenton Street Virginia Beach, VA.23464-0000lri ginla, In Deed Book 4003,.at j:lage 996 and re-recorded in Deed Book with n,? .denslty LOCATION: Rlchwtiod Avenue-Sooth of Forest Cove
execution of a Deed of Trust In the origiMI prinClpalllmount of 4012,atpage 79B,default having occtlrred in the payrnent of the SlJbdivlslon,.northofl-64,eastofWoodsofOeePCre:ek. and west of
$135,660.00, with an annual inlerest rate of 8.25% from Alexis E. Note thereby seClJred and at the request of the holder of said Note. the Elizabeth River TAX MAP SECT1ClNJPARCEl. portion of
Young and Amy Young dated December 28, 2001 recorded In the the undersl&nl'Kl Substitute Trustae will offer. for sale lit public auction 0343001000440, 034;3002000040,0350000000591,
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginiq, at the entrance to the Law Offices of Samuel I. White, P.C., 209 Bus~ 0343OO1OQ0001. BOROUGH; Deep Creek
in Deed Bock 4591, al page 1673, default having OCCUlTed in !he IleSS Park Drive, Virginia Beach, Virginia, on November 19, 2002 at AU INTERESTED PARTIES A~E INVI~ED TO ATTEND AND BE HEARD AT
paYment of the Note thereby secured and at the request of the holder 2:00 o'clock p.m. the property described in said deed, located at ttle THE PUBliC HEARING. CounCIl meetings are telecast live O!'l WClY-48.
of said Note, Ihe undersigned St.tlstitute Trustee will offer for sale at above address and briefly described as: Lot 14, In Block B, "Plat of t:he City of Ch~sapeake WlII attempt to ma~ re~sonable a.ccommoq,,!'
public auCtion at the entrance to the Law Offices of Samuei I. White, Green Run, P.U.O. Subdivision, SBCtiorl [)'3, Part 1", with Improve. tlons and selVlCes ~cessary for SInSOf)' uTlj:l8lred 8fl!:l disabled cltl"
P.C.. 209 Business Park Drive, Virginia Beach, Vifllinlll, .on November ments tlleraon. Terms of sale: cash: A deposlt of $10,000.00, cash or lenS. Citizens who. Wlsh to recer.:e such accommodations must ~
19, 2002 at 2:00 o'clock p.m. the proparty descnbed In said deed, certified check, will be required al the time of sale with settlement tacl Mr. Robert.l. Copeland. Director. of Imergovemmental Mans
located at the above address and briefly described as: Lot 1, Indian wtthin fifteen (15) days from the date of sale. Additional terms may be {382-6191,t within three working days prior to the meeting.
River Crossing (reference Deed D.R 4364, Page 360), With Improve- announced at the time of sale. Pursuant to the Federal Fair Debt Co~ CDityOLORC1 ~ MOORE, MMC
ments tllefeon. Terms of sale: casll: A deposit of $10,000,00, caSh or lection PractiMS Act, we advis& you that thi; firm j; a dabt collector e
certified check, Will be required at the time of sale with settlement attempting to collect the indebtedne6s referred to herein and any VP November 5 anti November 12, 2002
within fifteen (15) days from the date of sale. Additiooal terms may be mformation we obtain wi!! be used f01 that purpose. Samuel I. While,
announced at the time of sale. Pursuant to the Federal Fair Debt Co!- P.C., SubstiMe Trustee This is !;I commurucetion from a debt collector.
2 9960393 laction Practices Act, we advise you that thls firm is a de.bt.collector For Information contact: Samuel I. White" P.C. (2743-02/VA) 209
.I.E attempting to collect the Indebtedness referred to herein and any BusIness P&rk Drive Virginla BeaCh,Vi1)n1323462 75745H460.
smouth VA 23702 ~~.~~~~~t~e ~~~re:~lhrSei~~o~m~~~ftr:~in ~~U~I ~Ol=~: ~1~=2:~~ t~w~~n~3~002. SAJl50484~975Q14
-: C~ l~n~~~~~~~ ~1,~~ For Information contact: Saf1lUel I. White, P.C. (2693-02/VA) 209 .
recorded In O86d Book 1248 ~~~i~~~~:~r~:g&,:~.ir~~al~:~~~:ni.i~5~~~ 757457-1460 .
'fIT~te~e Wl~~h,:1 f~u~ubl~J VP October 29 and November 5, 2002 9974858
urt Courthouse of the ~ity ,of TRUSTEE SALE 204 Harrier Street Virginia Beach, VA 23462 In execu.
Stn;!et, Pmtsmouth, Vlrginl~, tion of a Deed of Trust in the original principal amount of $66,127.00,
18 property. descnbed. 1f1 said with an annual interest rate of 8.50% from Andre D. Lopez and Jasmin
ess and briefly descr!bed as: Lopez dated February 2,2000 recorded in the Clerk's Office of the Clr.
"8Corded~,tf1e Clerks Office cuil Court of the City of Virginia Beach,Virgillla, in DeedBook4201,at
oake, Virginia m Map Book 26 page 2057, default having occurred in the payment of the Note thereb9
secured and at the request of the holder of said Note, the under-
signed Substitute Trustee will offer for sale at public auction at the
entrance to the Law Offices of Samuel I. White, P.C" 209 Business
Park Olive, Virginia Beach. Virginia. Ofi November 19,'2002 at 2:00
o'clockp.m.thepropertydescrlbedlnsaiddeed,locatedattheabove
address and briefly liescrlbedas: Lot 3, Block R, Northridge, Section
1. with improvements thereon. Terms of sale; cash: A deposit of
~~~~~m~~~hw~~h~~~~~nc~r~' :~b~:~~h:d d~~~fb~~e~ :J~
~::;aleF~~ D~~r g;lI~ti~~P:~i~~~hki~r: ~~S:'y:~~nt~~ f;~
is a debt collector attempting to collBCtthe indebtedness referred to
9975160 ~:~~el~.d ~~~~~I~~c.~t~~b:tftu~~~~~:~ bfhi~si~ ~orc~~~~a1~e~
: OF from a debt collector, For information cootact: Samuel L White, P.C.
)lK, VA 23434 ~13~06220%'jl':~r?1O:60B~SC:lrsB=enor~:bov~~~~ a~:a~~,:~~i.%~
original princij:lal amount of ASAP5Q4848
. ~a~~0~~stfro2~,A~~~~ VP October 29 and November 5, 2002 9974835
:ircuit Court for the CITY OF TRUSTEE SALE 4653 Merrimac Lane Virginia Beach. VA 23455 In
130 AND RE.RECORDE~ AS execution of a Deed of Trust in the original principal amount of
tI1e unde,rslgred appolllted $56,000.00. with an annual Interest rate of 11.55% from CaMn C.
ubhc auction In li:'e CITY OF James dated November 5, 1998 recorded in the C!erk'6 Office of tfle
dwin Courts building located Circuit Court of the City of Virginia Beach,Virginia, in Deed BooI< 3978,
. on November 22, 2002 at at page 1898. default having occurred in tfle payment ,of the Note
to""t: thereby seculed and at tha request of the holder of said Note, the
10WN .oN THAT PARTICULAR undersigned Substitute Trustee will offer for sale at pI.b!ic auctlon at
m's MILL SECTION FOUR, the entrance to the Law Offices of Samuel!. While, P.C., 209 Bus~
~INlA", RECORDED IN PLAT ness Park Orive, Virginia Beach, Virginia, on November 19, 2002 at
FICEOFTHEC1RCUITCOURT 2:05 O'ClOCk p.m. the property described in salddeed,located at the
/T...M;onNn ?.....1?<:l<;M\ ~bove address and brie.!lydesCli!>ed as: Lot 23, Baysi;::le Villas. ,wIth
9974999
iveChesapeake,VA23321!n
original principal amount of
ate of 6.75% from Jonathan
recorded in the Clerk's Office
peake, Virginia, in Deed Book
:UTl'edinthepayrnentofthe
It of the holder Of said Note,
Jffer for sale at public auction
rtoftheCityofChesapeake.
la, on November 13, 2002 at
dlnsaiddeed,locatedatthe
: Unit it4-2-106R, The Mead.
terest in the common areas.
0.00, cash or cemf\ed dleck,
settfement within fifteen (15}
ms maybe announced at the
Debt Collectron Practices Act,
:oIlectorattempting to collect
llny Information we obtain wilt
lite, P.C., Substitute Trustee
mor. Forinform"tion contact:
209 Business Park Drive Vir.
60.Call Between 9;00 a.m.
9975069
Foreclosures. Va. Beach
9987259
~ake NOTICE OF PUBLlCHEARINQ
sa A Public Hearingwi!l be held by the
. VIRGINi" Chesapeake Clty'CouncH on tlleS-
day, November19,20026:30 p.m.
In the Council Chamber, City Hall Building, 306 Cedar Road, to con.
sider the following petillons: R{CI-02<27
PROJECT: R;xgateForest,Phase2
TRUSTEE'S SALE APPLICANT: SIMAC Development Corporation
1536 Snowbird Court, Virginia Beach VA 23454 AGENCY: Hoggard(EureAssoclates, P.C;
In execution of a deed of trust dated June 29, 1998, recorded in the PROPOSAL; A conventional loning reclassifICation for 5.762 acres
Clerk's Office of the Circuil Court of the City of Virginia Beach, VA, in from RE.1Resldential Estate District (5.721 acres) and R.15s Singl!!"
~: ofas;l~:~JO~ ~:~~~~i~~u~Zfs~~~e T~as~ei,n :le oo;~I:~ ~i~~tR';~;~~~ ~~~tuWEo;&~SI~O~~~~~~I~e~~~C;:~~
public sale on the front steps of the Judicial Center for the City of Vir. approximately 3.2 units per acre EXISTlfItG.t:ANDUSEPl..AN/OENSITY;
ginia Beech (Court Building No. 10), 2425 Nimmo Parkway, Virginia Suburban SlnglMamlly / one ullll per acre to somet/ung less than four
Beach, VA, on December 3, 2002 at 10:00 a.m., the property units per ~re. lOCATION: Nort~ Side of Parker Roa~ bet~en Sandy
described In. said deed of trust, located at the above addre!JS and ~~~4~~1 B~~~J~H: im,:anr~fO'IeMAP ,SECTION/PARCEl:
~~"1:~b~;,ske~ti~~;i~~si:,ivI~~~e~ ~~e2fi:r~~,2~~ Proffer:The ..,pIIcant/owlle\' ""'" not to subdivide tile sllbJerl
to~ ~;c~ ~~1~n~a~, recorded In the aforesaid Clerk's Office in M<lp 'Amm-E~~pl~ar~E~A~iNVITEO TO ATTEND AND BE HEARD AT
The property and the Improvements thereon Will be sold "AS is" and THE PUBLIC HEARING. Council meetings are telecast live on WC1V48.
without representation or warranties of any IQnd. The sale IS subject The City of Chesapaak.e Wlil attempt to make reasooable accommoda.
to aU liens, encumbrances, condltloos. easements and restrictions. if tions and services necessary for sensory Impaired and disabled Cdl-
any, superior to the mentiooed deed 01 trust and lawfully affecting the zens. Citizens who wish to receive such 8CoommOdatiors must con.
property. This Is a commUnication from a debt collector. tact Mr. Robert L. Copeland, Director of Intergovernmental Affairs
b~err~~~i~dS~~ ~~i:1a~~f ~~~~r~'~r1;:~lt~ ~i'lOS~i~ ~~ b~&1~~;lk ~~bnR~~eMTrklng days pnor to the meeting.
days at the office of the Substitute Trustee. Addltiol'lill terms may be City Clerk
:~,oJ~~c~~iit~~ ~~~ste~o~ ~~~~~tJiOJ1 ~~A;vT~nu~~~~t:.8g3': VP November 5 and November 12, 2002
Virginia 8eath. VA 23451. Phone: 757437.9500 (VA/02.19420/
Martinez).
VPNovember5andNovember12,2002 9975142
9984745
eon will be sold "AS IS. and
nykind. The sale is subject
asements and restnctions, If
1,lstandiawfuUyaHectingthe
debt collector.
r's deposit of $5,900.00 will
! price to be paid within 14
ea. AddltionaltelTTlsmaybe
)NCONTACT; JulianA. Bry-
01 Parks Avenue, Suite 800,
Phone: 757-437-9500
NOTICE Of PUBLIC HEARING BY
THE CITY.OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
FOR THE BENEFIT OF YOUNG MEN'S CHRISTIAN ASSOCIATION OF
SOUTH HAMPTON ROADS
TRUSTEE SALE ~~~~ (r~re~t~~~~) ~~~s~eacf~s~f i~i~~ia C~~~~~ ~ae~e~::~~~
1420 Rust Dnve, Virginia Beach,VA234554219 .
In execution of a Deed of Trust In the onglnal prIncipal amount of SUite 1000, Virginia Beach. Virginia 23462, will hold a,publlc hearing
$180,00000. with an annual Interest rate of 6 75% from Ivan James on the plan of finaru::e of. Young Men's ChnstiM Msocla.llon of South
McMahon Jr. dated May 3. 1999 recorded in the Clerk's Office of the Hampton Roa~s" a Virginia non-stock, noo.profl.t corporallon {the Corn-
Circuit Court of the City of Virginia Beach,Virg"lnia, in Deed Book 4076, pany), the pnnclpal.buSlIless addrf:1ss of which Is 312 West Bu.te
at page 2141, default having occurred in the payment of the Note Street, Norfolk, Vlrg!nla 23510, for the Issuance .by the .I(1dustrial
thereby secured and at the request of the holder of said Note, the Development Authoflty. of Mat~e~s County, Vlrgln!a (the Mathews
under.signed Substitute Trustee wiil offer for sale atpubJicauctlon at Authority) of Its recreaMnal fa.cllltles fev~nue bond In an amount not
the entrance to the Law Offices of Samuel I. White, P.C., 209 Bus~ to llllceed $3,500,000 to ~SS!st the COn'!panY.1Il PB.rmanenUy flllanc.
nessPark Drive, Virginia Beach, Virginia. on November 14,2002 at ing the renovation/expanSion and equipping. IIlcludlng new aerobiCS
2:30 o'clock c.m. the DrODertv described In said dl'p.n lor:~IM..I t"'" StOO.IO. youth gymnasium. activl!v center. locker rooms. and exoanded
~". ':'IItO~NI^dly.~mb8r 9. 20026:30 p.m. C.1',\le~. $M57
In the Council Chamb,e.r, City Hall Buildlog, 306 Cedar Road. to coo-
,sloerthefOIlO.Wingpetltions: - lJP.9&.2S(hvl ,-:____
PROJECT: 104 Group Borrow Pit ..,
APPLICANT: 104 Group ADVERTISING/SALES ,. 8l
AGENCY: Erik p, Gordon ,,_ I TELEMARKETING
PROPOSAL: Reconsideration of a Stipulation associated with an
approved coodltional use permit for a borrow pit. The stlpulatiOfl
relates to hours of operation. (Proposedhoul"$ 7 AM 10 7 PM Monday I
thru 5aturdaYl ZONE: A-l Agricultural District SIC CODE: 144 lOCA-
TION: North and East of the Intersection of George Washington High.
way and Dominion Blvd. TAX MAP SECTION/PARCEL:
0560000000070, 0560000000110, 057000??oo121,
0510000000122
BORQUGH:DeepCreek
ALL INTERESTED PARTIES ARE INVITED TO ATTEND AND BE HEARD AT
- THE PUBLIC HEARING, Council meetings are telecast live on WCTV.4S.
The City of Chesapealle will attempt to make reasOflable accommoda.
tionsand services necessary lor sensoryimpalrad and dlsablad citi.
"'zens. Citizens who wish to receive such accommodations must con.
I~tact Mr. Robert L Copeland, DIrector. of Intere:overnmentel Affairs
:; ~t~~~lk ~~~RtMeMcorklng days pllor to the meeting,
i"CityC)e~
VP Novembt!r 5 and November 12,2002
I~~~~WI
I To schedule an interview
I
I
I
I
PUBLIC HEARtNG
The Council of the City of Norfolk will conduct a PUBLIC HEARING In I
the Council Chamber, eleventh lIoor, City Hall Building, TUESDAY,
NOVEMBER 19, 2002 at 2:30 P.M., pursuant to State Law on the fol- I
10w!l1tapplfC8tions:
BISHOP E1M<l W. WOODBURY, lor the follOwing applications on pro,," I
ertylocated on the soulheast comer of East 29th Straetand Granby
Street fronting 100 fell. t, more or less. along the southern finl of East I
29th Street, and 105 leet, mOre or less along the eastern line of
GflInbyStreet:'premlses numbered 101 West 29th Street TheGen-
'eral Plap 01 Norfolk, 1992, depicts the area as low density resldantial. I HAMPTON
.The pUrpose oflhls apPlIcaUOn is to construct a parkln2 10I for a
'",""ch. L 827-6800 .J
a. To amend The Gllnllral eum.Q[ Norfolk 199', to change the land
,,,,use classificatioo lrom low density residential to commElfc\el/office on _ _ __
,....properIY. Ixtending along the eastem line ofGraoby Street with the AIRCRAFT MECHANIC
.,.lfepth Of 100 feet from 28th Street to 29th Street.
. b. For a change a.' zoning from R.14 (High Density Multiple-Family) 10 Norfolk Airport. call M.E. Huffman
conditional C-2 (Corridor C"ommert:ial). 363-2121: fa~ 363-2044
.- Proposed ordinances ere.on fife in the office 01 the City Clerk. OAIRLlNEO
Maps, plats, end oIher InfDmlation concemlng the above proposais To$15Hr. 461.1148.benllfits.
~:. ~~. ~lt~e:Ua~Ji~i~~~~eVI~~~~~~~o~~s~e~:~n~, R~ Jobs Plus. listing serv\ce. sm. fee.
daythrougllFnday.
AlImterested persons are invited to appear at thc time aild place
aforementioned. If special assistance for the disabled is needed,
please contact the OffIce 01 the Clly Clerk at 6644253.
R.BreckenridgeOaughtrey
City Clerk
liP NOIl8m/;H!r S and November 12,2002
9987:249
NonCE OF" PUBUC HEARING BY
THE CITY OF VIRGINIA BEACH DEVElOPMENT AUlltORlTY
FOR THE BENEFIT OF YOUNG MEN'S CHRISTIAN ASSOCIATION OF
50UTtt HAMPTON ROADS
Notice, is hereby given that the City of Virginia Beach Development
Authority (the Authority) whose address Is 222 central Pelk Avenue,
~~I~el~g~, ~i~~~c:e~t~o~~1'~:n~;b~~s~l~ ~~~i:~~ll:o~~
Hampton Roads., a Virginia llOn-stocl<,non'PfQfitcollloration(the Com-
peny), the princIpal bUSiness address 01 whiCh Is 312 West Bute
Street, Norfolk.VirginLa 23510, for the issuance by the Industriel
Development Authority of Mathews County, Virginia {the Mathews
Authorlly) of its recreational lacllities r8'lenuebond in an amount not
to e~ceed $3.500,000 to assist the Company in permanentiy !inane-
. mg the renovation/expansion.and equiPPlng. lACludlng new aerobics
. studio. youth gymnasium, 8ClivityCllnta..lockerrooms.andexpanded
fitness cenlerand child CllfII center, ofthe Hilltop Family YMCA located
at 1536 Laskin Road, Virginia Beach. VIrginia 23451 (the Project).
The Project WIU be owned by the Company. The proceeds 01 the bond
wili afso IlnaACe a portion 01 the cost 01 issuing the bond., The public
"hearing, which may be continued or adjourned, will be held at 8:30
<a.m. on November 19. 2002, before theAuttlority at Its office. The
"'bond will not ptedgethe credl! or the tax1rc. PDwer 01 the City of Vir.
ginia Beach, Virginia, or the Authority but will be puyable solely from
revenues derived from the Company. Any person Interested in the
-issuance of the txmd or the location or nature of the Project may
"'appear and be heard. A copy 01 the resolution to be considered by the
.Authorityafterthe public hearing is on lile and is open lor inspection at
the Authority's office during business hours.
" CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY .
IIPNo~ember 5 and November 12, 2002 9974660
~9Plof
.wNorfolk
9981727
ADS WITH
BOX NUMBERS
el~~rn~~~~til~~ ~~~ ~~t~bTe~:
shollld be addressed with hame
01 posl!lon ar,Plying lor, Ad No.
(number ~rnted In ad), The
~~t~~cA~ro' Box 1319,
AdvertiserswiUbegivenanlden-
Uflcalion number when ad Is
placed. Information on P.O. Box
ads can only be act9ssed by prG-
viding idenlllication number and
Bo~ No. to: The VlrQlnlan-PlIot. All
customers with box no. ads
neadlng assistance please call
446-2419 after 1 p.m.
$65,00 CHARGE TO AOVER-
i'JS'ER1"OR REPLIES MAilED
$40.00 CHARGE TO ADVER.
iISE1f10R REPLIES PICKED
UP AT NEWSPAPER
All Pick Up or Mall Box replies will
be active lor 15 days.
EMPLOYMENT POLICY
~~~?rt~~~'!Jl_'?r J,:~! ~h_a~ ~8~~~!
Stop Searching
For A Job...
And Start A
CAREER
G
,
"
,
1st Year Potential To
$25,000.00
2nd Year Potentlat To
$45,000.00
$9.25 an Hour
+Bonuses &
Commission
b,
.
,
BENEFITS:
YOU WANT THEM
WE GOT THEM
. Up To $100.00/Week
ChildcareReimburse-
ment
. Health/Vision/Dental
"".
. Prescription Reim.
bursement
.401K
. Vacation Pay
. Paid Holidays
. Paid Training
epaidPe(sonaljSick
Time {start lrom 1st
day of emplO)'ment)
eFree Busch Garden
Passes
. Cash Bonuses
. Rapid Advanceentto
Senior Sales Positions
E.
l<
h,
A
,
,
[
FUll TIME DAYS
i
NO EXPERIENCE
'0
C
A
(
"
,.
I
CONTRACT
COMPANIES
A;;
Op
lTo
VIRGINIA
BEACH
486-7400
CHESAPEAKE
578-3500
AI,_ Help. 10 S12 HR.
547-9304, TflAIN,Ff/PT . New
Begii'lrlings,jobslirvice, Sm. lee
AIRPORT JOBS to $12/hl
49Q.8844. FT/PT. Will train
BestwayListingS8rviCe,fe(l
Allled T.chnolo~ Group
Is an Equal OpportuOlty EmplO)'er
Seewww.alliedtech.com
A1temativeBehaviorialServlces
www.absllrst.com. Drug Free
Employer/ EOE/M/M/F/ D/V/
NJEIUCAN rut'IDS GROUP
24.HourRecrurtmentUne
www.capgroup.com/HR2j EOE
~~p'
.. " . . . T I ~
St!e ourwebsite lor opportunities.
www.amerigroupcorp.com
AMsEC an affirmatl~e action
empioyerwill list vacancies wtJen
ali8ilable.
~nlmal Care/Vet HelD
. eceptlonist(21,Traln18-11p
eKenneIHelp(4),TrainlS.up
.VetAssistant(21.1&up
490-8844 startto$9/hr.
Bestway Usting Service, Fee
~olntment Setters
esortReservatlOllists
r.........,.,D...."~""'....,,....
,,,
- .'__U_" ._. \_~~~ ~~/"'"
Beach, Virginia ~3462
011:30 a.m. ASAP5oq796
10000970
'O"""'I1I11UI1I"dUUlITTOmadebtcoll&ctor.Forlnformatloncontact
Samuel I. White, P.C. (18Q6.02/FHA) 209 Business ParkDriw Vir-
ginia Beach, Virginia 23462 757457.1460 . Call Between 9:00 a.m.
and 11:30 a.m. ASAP506808
VP November 12. 13, 14, 15, 16. 2002
1000097
. .. .. - --. ~.._- - ~~ ....... '...."" .....
days at the offiee of the Substitute Trustee. AddltlOl'\ElltemJsmaybe
ennounced at the sale. FOR INFORMATION CONTACT: Julian A. Bry.
ant, Jr., Substitute Trustee or Molly. at 2101 Perks Awnue, Suite BOO.
Virginia Beach, VA 23451. Phone: 757437.9500
(FHAl02-18892/JohnSon).
VPNovembef12andNovember19,2002
10001195
WII5 ana management practices on the refuge, and SllllcltOpiiiiQri
from. the publlc on the alternative land uses and management prac-
tices. For furtner info<<nation contact the Ecosystem PlMning Team
offlCll by p!1one at 252482-2364, by FAX at 252482-3855, or emall
atNCPlanning@lfws;gov,lnformationaboutttleplannlngprocessaM
the plan is located at http://rtncfH'Cl.ral.r4.fws.gov. -tJ\)\('.
\2,
lOO~
1\11
"~
LE
(8. VA 23320 TRUSTEE SAlE 5829 E. Hastil18s Arct1 VirgInia Beach, VA 23462 In NOTICE OF PU8UC HEARING TO BE HnD
.ral)' 17, 1990, recorded in execution of a Deed of Trust In tile ortllnal principal amount of TRUSTEE'SSALE BY THE ECONOMIC IlEVElOPMENTAUTHORITY OFTflECffY
City of Chesapeake, VA, In $49,450.00, With an annual Interest rate of 9.5Ql. from John F. Gilder 1536 Snowbird Court, Vloginia Beech VA 23454 OF NORFOlK
I note drawn In the origlnal and Cindy A. Gilder dated July 31, 1986 recorded In, t!le Clerk's OffICe In execution of a deed of trust dated June 29, 1998. recorded in the ON A PROPOSED INDUSTRIAL DEVELOPMENT REVEHUi BOND
.tiMe Trustee, will offer for of the CIrcUit Court of the City of Virginia Beach, VIr&inl8, In Deed Boo!<. ClerK's Office of the Circuit Coort 01 tile CIW of Vlr&Inla Beacl\, VA, In FINANCING FOR
he Circuit COurt for the City 2529. at page 756, default having occurred 10 the payment of the Deed Book 3912, at Page 1110, secoonll a note drawn In the original THE NORfOLK ACADEMY
Cllesapeake, Virginia, on Note lhllreby secured and at the reql/Elst of the holder of said Note, sum of $81,450 00. the undersl&:ned SubstiMe TOJStee. will offer for Notice is hereby &lven thet lhe Ecooomlc Developm&llt Authority of the
property described In said thEluooerslgned Substitute Trustee wilt offer for sale at putllic auetion public sale on the front steps of the Judicial Center for the City of Vir. City of Norfolk (the Authority). whose office address IS 500 E. Main
s and briefly described as: at the entrance to the law Offices of Sam1l81 I. White. P.C.. 209 Busl. &:mIll Beach (Court Bulldmll No 10), 2425 Nimmo Parilway, Virglnla Street. Sult& 1500. "Norfolk, V,rglnl8 23510, wdl hold II plJbllc hearing
12,onplatrecort1edlnthe ness Parll Dflve, Virginia Beacll, Virginia, on December 3, 2002 at Beach, VA, on December 3, 2002 at 10.00 am. the property on the plan of finance of The Notfolk Academy (the School/.M1ose
page 13-13A. 2:35 o'clock p.m. the property described In said deed, locatedetthe described In said d8ild of trust',iocated. at, the above address and principal place of business IS 1585 Wesleyan Drlw Norfolk Virgihla
f1 will be sold "AS IS" and above address and briefly described as: Site 4, Lot 26. "La~e Edward briefly described as: Lot 252B, ReswdlVlSIOO of Lots 224 thru 230 23502, for the Issuance of Industrlal development revenue bonds by
.klnd. The sale is subject West Section Two" with Improvements thereon. Terms of sale: cash: and 244 thru 262, Rel:lwlng, Section Two, Princess Anne BofOugh, Vir. It\e Industrial Development Authority of the County of Isle of Wight In
ements end restricUons, If A deposit of $2,500.00. cash or certified check. will be required at tile glnie Beech. VIrginia". recorded In the aforesaid Cler!l's Office In Map lIIlamoont not to exceed $4,000-,000 to aSSlstthe School In connec-
,t and lawfully affecting the time of sale With settlement wltnin fifteen {15} days from the date of 800?I156 at Page 25. tlon wfth the refinancfng of the rellOVlltlon, expansion and elJ.llpplng of
Ibt oolJector. sale. Additional terms lnay be ennounced at the time of sale. PlKSu- . The property and the improvements thereon .wlll be sold "AS IS" ~nd Burrooths G)mnasium. tocetel.f .at 1585 Wesleyan Driw, Norfolk, Vir.
. deposit of $6,300.00 will ant to the Federal Falr Debt Collectioo Practices Act, we advise you Wltho~ representation or warranties of any kind. The sale IS ~Ubject gioia, Including the costs associated with the Issuance of the bonds.
lfice to be paid wlthin 14 that thiS firm Is a debt collector attempting to collect the Indebted- to alllKlns, encumbrances, condltioos, easements and restrictions, If The BlllTOughs G)mna&ium Is owned by tile School. The public hear.
Additional ten':ls may be ness referred to herein and any lnfonnatlon we obtain WIll be usel.f for any, Superior to the mentioned de,ed of trust ancllawfully affecting tile Irf:, which may be continued or adjourned. will be held al 7:30 a.m. on
CONTACT: Juhan A. Bry. that purpose. Samuel! White. PC, Substitute Trustee This Is e com- property. thiS Is a communication from a debtoollector. November 26. 2002, before the Authority!n the conference room at Its
. Packs Avenue, SUite 800. munication from a debt COlleotOf. For Information contact Samuel!. Terms: CASH or certified funds. A bidder's deposit of $7,700.00 will office The bonds will not pledge the credit or taxing powetofthe City
Phone: 757-437-9500 White. P.C. (2420--02fVA) 209 Business Park Drive Virginia Beach, Vlr- be required with the balance of the sale prk:e 10 be paid within 14 of Norlolk or the Authority, but WIll be payable solely from pajITlents by
ginia 23462 757457-1460. Call Between 9:00 a.m. and 11:30 a.m. days at the office of the Substitute Trustee. Additional terms may be the SChoollllld otoorracelpts pledged thereto. Arrrpersonlnterested
ASAP506810 announced at the sale. FOR INFORMATION CONTACT: Julian A. Brv- in the Issuance of the bonds may appear and be heard at the public
VP November 12. 13, 14. 15, 16; 2002 10000962 ant, Jr., Suostitute Trustee or Molly. at 2101 ParKs Awnue, Suite 806, hearirc.
Virglnta Beach. VA 23451. Phone: 757-437-9500 lVA(02-19420/ . INDUSTRIAL DEVELOPMENT AUTHORITY
Martinez), Of THE CITY Of NORFOlK
TRUSTEE'S SALE OF Vp NOVllmber 5 and November 12. 2002 9975142 vp November 12'ancl November 19, 2002 9999936 /
1058 COMMONWEALTH PlACE, VIRGINIA BEACH, VA 23464 .
In execvtion ofa Deed of Trust In the orrnal principal amount of t/
~~~~~N~a~thM~rcrr~~"i~r~~ ~~~1an7~1:;}~~ 1420 RUit Drive.T~~T~:~~~, VA 234554219 Hem Of~O~::~::'~ AUTHORID l/-
the Circuit ColMt for the CITY OF VIRGINIA BEACH ,In Deed Book 4375 ~~it,~~uJ~gg,o~~ ~e~n~~I~~t~~~h~feri~:n:,jg~n~1 :an:.oJa~ FOR THE IINEm OF ASPHALT ROADS. MATERIALS CO., INC,
~ ~~Ea~l~~I::~~~~~~ ~f#18~el~~~Uc"H~~:1 = McMahon Jr. dated May 3.1999 recordel.f In the Clerk's Office of the =:~) =:' JJ%: I~I~~: C~n:~ ~:~~~~
door of the law firm of Shapiro & Burson, LlP, 240 Clearfleld Avenue. Circuil Coort of the City of Virllnia Beech, VlIglnla, In Deed Book 4076, Suite 1000, Virginia Beach, Virginia 23462, will hold a public hearing
Suite 321, Virginia Beach,.Virginla on November 18, 2002 at 11:30 :~tr:fey ;elc~~~f~~l~tht~~nr~q~~r~?t~~ t~;lg:r~fe:lgf ~~~e No, t~: 0fI the plan of finance of Asphalt Roilds & Materials Co., IrIC., a Vir.
A.M.. tile property with improvements to wit: linla corpol'lltion (the Company). the principal business addtess of
LOT 6, IN BLOCK M, AS SHOWN ON THAT CERTAIN PLAT ENTITLED l.IncIer-silln&d Substitute Trustee wlll offer for sale at public auctlonat v.iIlch Is 4901 Clevel&nd Street. Suite 2. Virginia Beach. Vilginla
'SUBDIVISION OF PARCEL 'K-6' LEVEL GREEN TOWNHOUSES. SITE III, the entrance to the Law Offices of Samuel I. White, P.C" 209 Busi. 23462, fertile lS5uance by the Aulhonty of Its Industrial oo\elopmenl
PART I, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA'. WHICH ~e:3 :~~~ri;':n,V;~I~~:::~~e~~b:'I~~~d:~~~lo~ie~~2~~ revenue bonds, In an amount not to ax.ceed $2,200,000. to assist the
~~+~~ ~~0~~9R~I~~EB~~~t~I~~?:' ?~.~ ~~IT1~~~~ above address encl brleflydescribecl as. ~~~=fo~ =:U:4;VW~I~at~~V~f~~ =~
PAGE 38. Lot 85. Thoroughllood Estates. Section One. With Improvements Virginia 234ti2 (th& Project). The Project will be owned by the Corn-
and .described In the above Deed of Trust. (Tax Map No. lhereon. . . pany. The proceeds of the bonds WlII also Ilnance a PCJrtion of the cost
145641-9989-0000). TERMS Of SALE: CASH: A dePOSit of $15.000.00. cash or certified of Issuing the bonds. Tile public hearing wtllch may be continued or
THIS COMMUNICATION IS FROM A DEBT COLLECTOf.l. check. will be required at the time of sale wlt~ selllement withIn fif. adjourned, will be held at 8:30 a.m. on 'November 19, 2002. before
TERMS OF SALE: ALL CASH. A bidder's deposit of $5,100.00 or teen (15) days fr~m the date 01 sale. Additional terl!'s may be the Authority frj tile conferente room at its office. The bonds .will not
10% of the sale price,l'otlichever is lower, will be required in cash. car. an~unced a.t the time of sal~. Pursuant tothe,Federal Fair DebtCo1- pleds;e the credit Of the taxing power of the City of Virginia Beach, Vi(-
Ufiedorcashier's check. Settlement within frfteen (15/deys 0' sale, lectlonpractlcesAct,waadvlseYotlthatthlsflrmISadebtcOllectorglnla,ertheAuthority but will be payable solelyfrorn revenu8S derived
9960393 . otherwise Trustees may forfeit deposit, Addltiooal terms 'to be attempt.lIlS; to coll~ct t.ha Indebtedness referred to herein and any from the Company. MY person interested III ,the Issuante of the
announced at sale. Loentype: CON. Trustee's File No. 02-753590. Information we obtain WlII be used for that purpose. borlds or the location or nature of the Projecl may appear and be
rtsmotlth~ VA 23704 In PROFESSIONAL FORECLO$(JRE CORPOOATION OF VIRGINIA, Substi- 5.4!-t~ElI. WHITt:. P.!?. Substitute Trustee heard. A copy of the resolution to.be considered by the ~ulhority after
nal pnnctpal amount of lute TrllSlees, C/O SIiAPIRO &; BURSON. LlP. 240 Clearfleld Awnus, thiS IS a communICation fro~ a debt collector. the public hearing will be on file ancl open for Inspe~tion at tile
of B.OO% from Thomas E. Suite 321. Virginia Beach. VA 23462 (757) 687--87-77. ~~~~r~~r pcg"i:.BJi.Q2/CONV) Authority's office during business hours prior to the public hearipfj
~nc~ ~'p~~~~~~ VP NOVEMBER 5 AND 12. 2002 9985496 299: 8uSlrleSS paJk,~ive ~i}iHg~;WGlNIA BEACH DEVELO ENT
etault ha'Ii/li occurred in Vlrg,nta Beach, V1rglnl8 23462 Vp November 5 and Novembef 12 2002 9984418
1d at ttle request of the TRUSTEE SALE 757-457.1460. Call BetWl.ien ,
.ute Trustee will offer for 1409 WOodscape Lane 9:00 a.m. and 11:30 a.m.
Circuit Court Building of Virginia Beach, VA.23462 Vp Nowmber 5. 2002 and November 12. 2002 9968408 ~C2n1:l~1iD NOTICE OF PUBLIC HEARINo.
mber 3. 2002 at 9:45 $~5~i50~~ ~a a~~n~~IT~~~tt~eO~Ir:.jgr~n= ~:~~ ~ . ~A-PubIIC Hearlnl will be held by the
:1: =edS~~~,ab= GutlerTez dated June 23. 2000 recorded in the Clerk's OffICe of the 3929~~ ~~ lane VI ~(iINIA ~s~~9~C:l6:~(/::
,deposit of $10,000.00, Circuit Cotirt of the City of Virginia Beach, Virginia. In 0eecI BooI< 4259. Virginia Beach, VA 23456 in the Council Chamb,e,t, CIty Hall Building, 306 Cedar Road. to con-
t the time of sale with at page 1460, OOfault having occurred In the payment of the Note In executTO/l of a Deed of Trust In the original prillClpal amount of slderthe fol~petitions: R(Ct-02-38
date of sale. Additional thereby secured. and at thll request of the holder of said Note. the $59,272.00, with an annual intel'est rate of 9.~ from TI/liI R. Gar. PROJECT: ~Iver s fcfge
Pursuant to the federal uncfer.slgned Substitute Trustee WIll offer for sale .at public auction at relt dated July 25, 2000 recorded in the Clerk's Office of the Circuit APPLICANT: Creekbend Associates, LLC
' ....u that this firm is a the antrance to the Law Offices of samuel I. White, 'P,C.. 209 Bus1- C " f'. C~ f V ~I '~V~' I _". 8<>_" 4273 ... AGENCY LeClatr Ryan
~ss referred to herein ness ~rk Drive, Virginia Beach,' VirJtinia, on December 3. 200,2 at ~e 1~2'6:edetau~ ha~~~~;;tln it:;n~~rrt; the ~ IhefebY PROPOs1L: A condiJjonal lOlling: reclasSifICation from M-2 General
. that purpose. Samuel r. 2:35 0 clock p.m. thE: properly .deSCrlbed In said deed, located e the secured and at the request of the holder of said Note;' tile under Industriel DIStrict (lieavt' IndUStrial) and R-8s Residential District to
lITllJ/llcatioo from a debt above addressi!nd briefly descnbed as: s;gned SlJbstltute Trustee WIll off8f for sale at public 84.dlon at the R12s ReSIdential DiSlrlet on 77,8+ acres PROPOSED lAND USE /
nuel I. WMe, P.C. Lot 110 (erroneously Lot 104ln deed of trust), Amended Plat of SlJb. entmnce to the Law Offices of Samuel I WhIte PC. 209 Business DENSITY. Uttan Single-famlly with one to something less than folJl'
Virginia Beach, Virginia ~viS~m~~er~~~3 of Woodscape formerly Saddlebrook, with P~ Drive; Vit1lnia Beach, VI~lnla. on becemtier' 3:' 2002 lit 2:30 units EXISTING LAND USE PlAN! DENSITY: Water-related Industrial
a.m. and 11:30 a.m_ TE!fMS OF SALE' CASH' A deposit of $5 000.00 cash or certified 0 clock p.m. ~.l.~perty.descnbed In said deed.located,at the above ~zrSI~~:J~AJ:~~s~~~:V:~:~: =~~o:
1??oo968 checll,Willbereq'ulredat'tIlellmeofsale'WiIl'!settremelllwlthlnfif. a~~~~~;~'e~es~~~~na~:Partill.wItIlimprovementsthereOn the Elizabeth River TAX MAP SECTION/PARCEL: portion of
teen (15) days from tha date of sale. Addltlona. terms may be TERMS. OF SALE' CAsH' A cleposlt of' $5 000 00 cash or certir~ 0343001000440.0343002??oo40. 03500000OO591.
k VA 23321-4550 I an~l,Inced at the time of sal~. Pvrsuant to .the Federal Fair Debt Co!- check will be required at'the time of sale 'wlth' settremelll within fif- 03430010??oo1. BOROUGH: Deep Creek
~ e" . f lection ~ractlces Act,we a~Vlse you that thiS firm Is a de!rt collector teen /15) deys from the date of sale. Additional terms may be AlL INTERESTED PARTIES ARE I~ITED TO ATIENDANO BE HEARD AT
.so:~~riti:T-o~~ altempti~ to collect' the Indebtedness referrecl to herein and any announced at tile time of sale. PUfSuant to the Fedenil Fair Debt Co~ THE POGUC HEARING. Council meetings are telecastllw on WCTV48.
1I's Office of the Circuit Information we obtain will be used for that purposa. leetion Practices Act, we advlsa you that this firm Is a debt collector 'J!1e City of Chesapeake wiil attempt to ~e re~S<Irl8ble a.ccom~
:led Book 2824. at page ~~EL I. WHITEj P.g., ~bstlt~b~rus~~ attempting to collect the'in(!ebl~fleSS referred to Ilerein and any tklf1s ll~ selVices n~ssaIy fof sensory Impaired ancl d~llld Mi--
'It of the Note tflereby IS IS a commun ca on om tl CO or. information we obtain will be used fOf that purpose zens. Clllzens who WIsh to receIVe such accommodations must con-
I said Note, tile under" FOR INFORMATION CONTACT: SAMUEL I. WHITE, P.C., Substitute Trustee' tact Mr. Robert L Copeland, Director of Intergovernmental AffairS
It public auctiorl et tile SAMUEL.1. WHITE, P.C. (0235-02jVA/ This Is a communication from a debt collector. (382~191), within three working days prlOr'to the meetrng.
ty of Chesapeake 307 209. f!uslness Pa,rk Drive FOR INFORMATION CONTACT' DOLORES A. MOORE, MMC
lIllber 3, 2002 at iO:35 ~~~::;~~im _V~~:et~:n2 SAMUEL.L WHITE. P.C: (36s8-01jFHA) ~ItyN~~ber 5 and November 12 2002
~, located at the above 9'00 a m and 11'30 a m 209 BuSiness Park D,rIW ,
:::~~~e~f:: ':i~l~~ vi> Nm.e.12,'2002 a'nd November 19, 2002 10001005 ~~l~~n=- ~b~!r::e~~e6n2 c~ NOnCE OfPllBUC HEARING
' will be requIred at the 9:00a.m. and 11:30 a.m. A Pl,lbUc Hearing will be h!;lld by the
) days from the date of NOnCEOFTRU$TEE'S SALE: VPNovember 12. 2002 and November 19, 2002 10001000 . VIRGINIA Chesapeake City Council on Tues.
he time of sale. Pursu- In executio... of a oertein deed 01 trust dated Augtlst 28. 1998 and day, November 19, 2002 6:30 p.m.
::ils Act, we 8dvlse you recorded on September 2. 1998 in the ClerII's Office of the City of Vir- TRUSTEE SALE In the CounCil Chamber. City Hall 8ullding. 306 Cedar Road. to con.
~o::~~~~I::t~; ~~4a3.B~~~ i1~S.lairo~'~~~~FBo:o~~r~ ~~EnE~. B~~ Vi~~~4 ~~~~~~ ~~54 ~~~Jgtfo= ~~~t~~hase 2 ft.I)2-27
l Trustee This is a com. stein, Trustee(s). and default hailing been made In the peymelll of the In execution of a Deel.f of Trust In the original prIncipal amount of APPLICANT: SiMAC Dewlopment Corporation
lion contact: Samuel I. debt secured, wilh the original principal balance of $59.802.32, and $121,380.00. with an annual IrIlerest rete of 7.50% !rom Carlos M. AGENCY: Hoggard/fure Assoclates, P.C.
!rive Virginia Beach, Vir. at the request of the beneficialY under salcl deed of trust the under. TufllIe and Tiffany A. Tuggle <!alecl June 4, 2001 recorded In the PROPOSAL: A convantionalzoning reclassification for 5.762 acres
o a.m. and 11:30 a.m'~~c":ed ~i~ <le~~nan~u~I:l:.~t~~CIl~~~~ ~~~st ~~: chilli's Office of the Circuit Court of the City of VIrgInia Beach, Virginia, from RE.1 Residential Estate Olstrlct {5.n1 acres} and R.15s Single.
.1.0000986 and payable and will offer for sale atpljbllc auction to lhe Ilighest bid- in Deed Book 4432, at page 1826, default haW1g oe<:urred In the famlty Residential District (0.041) to R-I0s SI~Ie-famllh Residential
der in front of Virginia Beach Circuit CourthouSe 2425 Nimmo Par1\-- payment of the Note thereby secured and at the request of the hokler District PROPOSED LANO USE / OENSITY: Sin~ e-family eSldential/
~~~- 2 way Virginia Beach. Virginia 234-56. on Oeeember 5, 2002, at 8:30 (If said Note,.the uncler-signed SlJbstitute Trustea will offer for sale at apprOXimately 3.2 units per acre EXISTING LAN USE PlAN! DENSITY:
;II..........., VA 3320 In A to I wi located 13 CI public auction at the entrance to the Law Offices of Samuel I. Wl1lte, SuOurban Slngle'fam~ / one unit per acre to somethlpt less than four
~.~~c~ ion::;;,~ R~~d ~~inl~ '1~ d~:,~ 2~~~ more ~~~r1Y :~~~:~ P.C.. 209 Business Park Drive. Virginia Beach. VIt4!nlll, on December units per acre. LOCA ION: North side (If Parlier Road etween Sandy
2OOOrecordedio~ as FOU:OWS.TOWrr: .. '. . ~2lit~:~~~'~~s~n~h:rI~':rIl%~C~lnsaiddeed. ~~~Jog~r:J~~~~HP~I~:S:~X~~PSECTlON/PARCEL:
fChesapeake,~,~ ~rt~~"'J~~/,l:~~~u~0~O:~';I~"B=~V~~3~M'2.~~c~ Lot 26. Block B, Strawbridge. ~on Three. with lrnpravements Pnlffer.TheepP/lcenVowner 1're81 not to ,ubdlvldl tile nblect
~:Ol' tporepartic;ularlegal description refer to too Jecal desgjption recoroed ~= OF SALE; .CASH:. A4e""slt of "',000.00. e",' "'...."._. "'I~"'Ntl<'::"."-'Dre,,~,,~ .I~"", "N".' 0 '0 ''''NO "'0" ...eo"
PIIQ-.....'. -3.....~the....:o~.;. .t1",ci!!,nru.,.st.r8C(Irded. . _ 00. '". plember,2,1998.. In.Deed".ook' ~~. _ . 'u._ '-" r"", "'''''' . ".. UU"l
'i~Wf """"....~-~ '. ..... .'. ". .' check,. w.lllbe requll'ed.at the time ,of salll Wllr! .settlerne:nt Within fil. THE PUBLIC HEARING. Councif meetings are telecast live on WClV-48.
.~etI'f thIs conveyance is subject to all .easements,restrictlons. COnditIOflS, teen (15) days ~ the date of sale. Additional terms may be Tile City of Cllesapeake will attempt to make reasonable accommocla-
'rly eScribedin.saicl and reselValions Of record affecting the title tottle property herein- anfl?UnCeda.lthetirneofsal.e.pursuanttothllF~raJFeirDebICol. tlons and services neC€ssary for sensory Impairea and disabled citi-
'dticribi.!d as; All that above described. leetlon Practices Act. we advISe you that this firm IS a clebt colleclor zens. CitIzens who Wish to receive.sllCh accommodations must con.
lbered and designated The benefiCiary reserves the right to birI at said sale attemptln,c to con~ the Ifldebtedness referred to herein and any tact Mr. Robert L. Copeland, Director of Intergovernmental Affairs
' plat recorded In Map TERMS OF SALE Cash, certified funds, cashIers checks, trust account 'SJ:k"(;~rr' Wwe.fT',b~nc~sll be ~sed for thaI purpose. (382.6191). WIthin three wOtkingdays prior to the meeting.
1. Terms ofsal~: cash: checks. ..' :~'." ubstitute Trustee DOLORES A. MOORE, MM(:
will be fe{juired at the A bidder's deposit of TEN percent (10%) MAY be fe{juired on date of ~h!S tS a communication from a clebt collector. Clly Clerk
days from the date of sale W1th settlelllerltln full to be made within 15 days from date of the ~~~~r~~r~ON C~TACT: VP November 5 and November 12. 2002
e time of sale. Pursu. said sale.. , :, .' E.P. : (0206--02/VA)
$ Act, we advise yoU ThiS notice IS an attempt to collect a clabt and any information h99: BuSiness Pa.rk.DfI'ie
collect the indebted- OblaineclwillbeuSedforthatpurpose. Ylrimla Beach. Vlrglma 23462
:lbteln will be used lor T5#: 02-V9836VA 757-457.1460.CaJl Between
frustee This Is a com- Loan Type: CONV 9:00 lI.m. and 11:30 a.m.
Xl contact: Samuel t Rlr Information Contact: VP November 12, 2002 and November 19. 2002
; [)five Virginia 8each, SPECIALIZED INC.. OF V!RGINIA.
l:oo a.m. and 11:30 SU8STlTUTE TRUSTEE
722 EMARKET STREET Suite 200
LEESBURG, VIRGINIA 20176
(703) 779--0080
Call betwwn 9 AM .11 AM EST ONLY
VP Nowmber 12, 19, 26. December 3,2002
10001138
Chesapeake, VA 23321 In
IiIlaI principal amount of
of 6.75'16 from Jonathan
on::led In the Cleril's Office
ke. Virginia, in Deed Book
~ in the payment ofttle
f~holderofsaidNote,
'forsaleatpublicalJCtion
fthe City of Chesapeake.
Xl November13,2002 at
said deed. located at the
lit '4-2.106R. The Mead-
st in Itte common areas.
l,cash orcertifiel.f check,
fement within fifteen (15)
meYbeanno.uncedatthe'
tCollection Practices Act,
ctorattemptingtocoliect
mformation we obtam will
P.C.. Substitute Trustee
r.Forlnformationcontact:
Business Paril Orive Vir.
Call Betweel1 9:00 a.m.
9987259
9984745
10001002
(t&dolk
10000966
TRUSTEE SAlE
2364 Bays Ecfge Ave
Va Beach. VA
In exeClltion of a Oeed of Trust In too principal amollllt of
$117,600.00. WIth an annual interest rale of 8.25% from Barbara M.
~~~~ ~,~ "~t~~::r,,,~':~ ~,~~,~: ~o~edinthe ClerjI's Office 01 the
~ugust 29, 1986 ancl
,~~~,~o~~enE~rt;U!1
999812B
EXHIBfT C
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
(YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS)
At 8:30 a.m. on November 19, 2002, the Chairman of the City of Virginia Beach
Development Authority (the "Authority") announced the commencement of a public hearing on
the request of Young Men's Christian Association of South Hampton Roads, a Virginia non-
stock corporation (the "YMCA"), and that a notice of public hearing was published once a week
for two consecutive weeks in The Virginian-Pilot, the second publication being not less than six
(6) days nor more than twenty-one (21) days prior to the hearing. The Chairman indicated that a
copy of the notice and a certificate of publication of such notice have been or will be filed with
the records of the Authority and will be provided to the Clerk of the City Council of the City of
Virginia Beach.
The following individual appeared and addressed the Authority: Mr. George Consolvo
appeared on behalf of the YMCA. Mr. Consolvo described the project as the financing of capital
projects at the Hilltop Family YMCA located at 1536 Laskin Road, Virginia Beach, Virginia
23451, including renovation/expansion and equipment purchases, including new aerobics studio,
youth gymnasium, activity center, locker rooms, and expanded fitness center and child care
center. He explained that the proposed issuance ofrevenue bonds (the "Bonds") for the project
will provide needed funds for the continued improvement of the YMCA Hilltop facility. Mr.
Consolvo further added that it is necessary under federal and Virginia law that the Authority hold
a public hearing and that the issuance of the Bonds by the Industrial Development Authority of
Mathews County, Virginia, be approved by the City Council of the City of Virginia Beach. Mr.
Consolvo closed his remarks by noting that the presence of the YMCA in the City of Virginia
Beach greatly enhances the health, recreation and educational facilities provided within the City
of Virginia Beach and, accordingly, benefits its citizens and serves a compelling public purpose.
No other persons appeared to address the Authority and the Chairman closed the public
hearing.
The Authority then adopted a resolution (a) recommending that the Council of the City of
Virginia Beach, Virginia, approve the issuance of the Bonds in an amount up to $3,500,000, (b)
directing the transmission of a Fiscal Impact Statement with respect to the Bonds to the Council
of the City of Virginia Beach and (c) requesting that its recommendation be received at the next
regular or special meeting during calendar year 2002 at which this matter can be properly placed
on the Council's agenda for hearing.
#801291 vI
Exhibit C
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
WHEREAS, there has been described to the City of Virginia Beach Development
Authority (the Authority), the plans of Young Men's Christian Association of South Hampton
Roads, a Virginia non-stock, non-profit corporation (the Company) the principal business address
of which is 312 West Bute Street, Norfolk, Virginia 23510, for the issuance by the Industrial
Development Authority of Mathews County, Virginia (the Mathews Authority) of its recreational
facilities revenue bond in an amount not to exceed $3,500,000 to assist the Company in (a)
permanently financing (1) the renovation/expansion and equipment purchases, including new
aerobics studio, youth gymnasium, activity center, locker rooms, and expanded fitness center and
child care center, at the Hilltop Family YMCA located at 1536 Laskin Road, Virginia Beach,
Virginia 23451, (2) the expansion, additional construction, and equipping of YMCA Camp Silver
Beach, including science center with classrooms, labs, and observation tower, tennis courts,
skateboard park, staff housing, athletic field, and other improvements, located at 6272 YMCA
Lane, Jamesville, Virginia 23398, and (3) the purchase of 85 acres of land adjacent to and north
of YMCA Camp Silver Beach, located at the intersection of Beach Road and Occohannock Neck
Road, Jamesville, Virginia 23398 (collectively, the Project), and (b) financing the cost of issuing
the Bond; and
WHEREAS, the above facilities will be owned by the Company and will be located in
Virginia Beach, Virginia, and Northampton County, Virginia; and
WHEREAS, a public hearing with respect to the Bond as required by Virginia law and
the Internal Revenue Code of 1986, as amended (the Code), was held by the Authority on
November 19, 2002, and the Mathews Authority so held a public hearing with respect to the
Bond on August 29, 2002, and adopted an approving resolution (the Mathews Authority
Resolution) with respect to the Bond on that date; and
WHEREAS, the Company has elected to proceed with a plan of finance pursuant to
which the Bond will be privately placed with Bank of America, N.A. (the Lender), for its own
account and for investment purposes; and
WHEREAS, the Company in its appearance before the Authority has described the debt
service cost savings relating to the issuance of the Bond as a qualified tax-exempt obligation
within the meaning of ~265(b)(3) of the Code and the educational and other benefits to the City
of Virginia Beach to be derived from the issuance of the Bond to finance the Hilltop Family
YMCA;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY:
1. It is hereby found and determined that the issuance of the Bond will benefit the
inhabitants of the City of Virginia Beach and promote their safety, health, welfare, convenience
and prosperity.
2. To assist the Company, the Authority hereby recommends that the City Council of
the City of Virginia Beach, Virginia (the Council), concur with the Mathews Authority
Resolution, the form of which has been presented at this meeting, as required by S 15.2-4905 of
the Code of Virginia of 1950, as amended (the Virginia Code), and hereby directs the Chairman
or Vice Chairman of the Authority to submit to the Council the statement in the form prescribed
by S 15.2-4907 of the Virginia Code, a reasonably detailed summary of the comments expressed
at the public hearing held by the Authority pursuant to S 15.2-4906 of the Virginia Code, and a
copy of this resolution.
3. All costs and expenses in connection with the financing plan shall be paid from
the proceeds of the Bond to the extent permitted by law or from funds of the Company and the
Authority shall have no responsibility therefor.
4. All acts of the officers of the Authority which are in conformity with the purposes
and intent of this resolution and in furtherance of the issuance and sale of the Bond are hereby
approved and confirmed.
5. This resolution shall take effect immediately upon its adoption.
The undersigned hereby certifies that the above resolution was duly adopted by a roll call
vote of the commissioners of the City of Virginia Beach Development Authority at a meeting
duly called and held on November 19,2002, and that such resolution is in full force and effect on
the date hereof.
Dated: November~, 2002
R~ i--~
Secretary, City of Virgin a
Authority
#798340 vi
2
Exhibit D
DISCLOSURE STATEMENT
Date: November 19,2002
Applicant's Name(s): Young Men's Christian Association of South Hampton Roads
All Owners (if different from applicant): N/A
Type of Application:
Rezoning: From To
Conditional Use Permit:
Street Closure:
Subdivision Variance:
Other: Bond issue through Industrial Development Authority of of Mathews
County, Virginia
******************************************************************************
The following is to be completed by or for the Applicant:
1. Ifthe applicant is a CORPORATION, list all the officers of the Corporation:
See attached schedule.
2. Ifthe applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all
members or partners in the organization: N/ A
The following is to be completed by or for the Owner (if different from the applicant)
1. If the Owner is a CORPORATION, list all the officers of the Corporation: N/A
2. Ifthe Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all
members or partners in the organization: N/A
YOUNG MEN'S CHRISTIAN ASSOCIATION
OF SOUTH HAMPTON ROADS
By: ~~'A_".2-t)GU-t.~{.,----
Its: c..t=O
#801290 vi
Schedule to
Disclosure Statement
BOARD OF DIRECTORS 2002
OFFICERS AND AT LARGE MEMBERS
David L. Bernd, Chariman
Sandra Birdsong, Vice Chairman
Jim Dille, Vice Chairman
Walter Potter, Treasurer
Joe Kennedy, Secretary
Philip Adams
H. Lee Addison
Mary Arris
Lindsay Benson
Robert M. Boyd
Bruce Bradley
Deborah Dicorce
Scott Harvard
Chris Henson
Tom Hostutler
Kay Kemper
G. R. Schell
Jimmy Strickland
Bill Stulb
Doug Williams
Marshall Wingo
Al Midgett
Ros Willis
John Atwood
Paul Oppliger
Ollie Bates
Michael Efland
Burt Whitt
Richard Hillian
Grege Honeycutt
Bill Pitt
Elizabeth Smith
Trenton Bishop
David Hamberg
Jim Ward
Henry Thrasher
Ray Darcey
Chris Schutt
Sandy Bond
Mark Freeze
Eve Beloth
Dan Evans
Les Watson
Mark Williamson
Melissa Hanbury
Lloyd Pitzen
Susan Tompkins
VIRGINIA
BR~CH
Virginia Beach
Development Authority
One Columbus Center, Suite 300
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Exhibit E
INDUSTRIAL DEVELOPMENT AUTHORITY OF MATHEWS COUNTY, VIRGINIA
$3,500,000 REVENUE BOND
(HILLTOP/SILVER BEACH PROJECTS)
SERIES 2002
The Authority recommends approval of the captioned financing. The financing will
benefit the citizens ofthe City of Virginia Beach, Virginia, by providing improved health,
recreational and educational facilities which promotes the health and welfare of the City's
citizens.
Exhibit F
FISCAL IMPACT STATEMENT
SUBMITTED TO
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
The undersigned applicant, in order to permit the City of Virginia Beach Development Authority
submission of the following information in compliance with Section 15.2-4907 of the Code of Virginia of
1950, as amended, states:
Name of applicant: Young Men's Christian Association of South Hampton Roads
Facility: Hil1top Family YMCA located at 1536 Laskin Road, Virginia Beach, Virginia 23451
6.
a.
Estimated dollar value per year of goods that will be purchased
from Virginia companies within the locality
Estimated dollar value per year of goods that will be purchased
from non-Virginia companies within the locality
$3,500,000
$ 0
$ 0
$ 0
$ 0
$ 30,000
$ 5,000
$ 5,000
$ 0
5
I. Maximum amount of fInancing sought
2. Estimated taxable value of facility's real property to be
constructed in the locality
3. Estimated real property tax per year using present tax rates
4. Estimated personal property tax per year using present tax rates
5. Estimated merchant's capital tax per year using present tax rates
b.
c. Estimated dollar value per year of services that will be purchased
from Virginia companies within the locality
d. Estimated dollar value per year of services that will be purchased
from non-Virginia companies within the locality
7. Estimated number of regular employees on year round basis
8.
Average annual salary per employee
$ 15,000
Dated: November~, 2002
YOUNG MEN'S CHRISTIAN ASSOCIATION OF
SOUTH HAMPTON ROADS
BY:~~~' Cfb
Authorized Officer
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
By:
#801293 vI
Exhibit G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
CONCURRENCE WITH NORFOLK AIRPORT AUTHORITY
REVENUE BOND
1.
PROJECT NAME:
Hilltop Family YMCA
2.
LOCATION:
1536 Laskin Road
Virginia Beach, Virginia 23451
3.
DESCRIPTION OF PROJECT:
Recreational, educational and fitness
facilities
4.
AMOUNT OF BOND ISSUE:
$3,500,000
5.
PRINCIPALS:
See Disclosure Statement's Attachment
6. ZONING CLASSIFICATION:
a.
Present zoning classification
of the Property
02
b.
Is rezoning proposed:
Yes
NoX
c. If so, to what zoning classification? N/ A
VIRGINIA
BEACH
Exhibit H
Department of
Economic Development
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website: www.vbgov.com
E-mail: ecdev@vbgov.com
November 19, 2002
Mr. Robert G. Jones
Chair
Virginia Beach Development Authority
One Columbus Center, Suite 300
Virginia Beach, VA 23462
Dear Mr. Jones:
It is the finding of the Department of Economic Development that the financing for the
YMCA bonds will benefit the citizens ofthe City of Virginia Beach by providing improved
health, educational and recreational facilities which promote the health and welfare of the City's
citizens.
Sincerely,
~~
Mark R. Wawner
Project Development Manager
MRW:lls
"
.
i
'5f?
>>
~ii1
;;;; w.
:"JIlo
:~~'~\j~
.JI._
c.-
PROJECT NAME:
Hilltop Family YMCA
PROJECT ADDRESS:
1536 Laskin Road
Virginia Beach, Virginia 23451
TYPE OF PROJECT:
Recreational, educational and fitness
facility
- 24-
Item V-I.2.
RESOLUTIONS/ORDINANCES
ITEM # 50521
Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council ADOPTED, AS
REVISED:
Resolution re support for formation o.fCAPE HENRY NATIONAL
PARK & VISITOR CENTER
Voting:
7-0 (By Consent)
Council Members Voting Aye:
Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim
Reeve, Peter W. Schmidt, Rosemary Wilson. and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorj; Richard A. Maddox and Ron A. Villanueva
December 3, 2002
RESOLUTION
1 A RESOLUTION SUPPORTING THE
2 FORMATION OF CAPE HENRY NATIONAL
3 PARK AND VISITOR CENTER
4 WHEREAS, the observance of the 400'h anniversary of the founding of
5 Jamestown is scheduled to be a major event in the history of the Commonwealth of
6 Virginia;
7 WHEREAS, Cape Henry is a significant national historic area as the site of
8 the 1607 initial landing of the first settlers who later established Jamestown, and is also the
9 site of the first public works project of the new federal government under George
10 Washington-the Cape Henry lighthouse;
11 WHEREAS, the Cape Henry lighthouse and the adjacent observation tower
12 manned by the Virginia Pilot's Association are all within Fort Story, the United States
13 Army's historic coastal defense installation and modern logistical training facility;
14 WHEREAS, Fort Story itself is surrounded by Virginia's First Landing State
15 Park, where visitors and campers appreciate the unique ecology of Cape Henry;
16 WHEREAS, the popular interest in Cape Henry is evidenced by (i) its having
17 been visited regularly since 1707; (ii) the holding of annual ceremonies at the site by such
18 groups as the Order of Cape Henry 1607, the Sons and Daughters of the American
19 Revolution, and the Alliance Francaise (Chapitre de Grasse); (iii) and the number of
20 tourists, estimated at over 160,000, who drive into Fort Story each year to see the
21 memorial, the two lighthouses and the fortifications;
22 WHEREAS, national and international visitors will visit Cape Henry and Fort
23 Story during the 400'h anniversary celebration in 2007;
24 WHEREAS, the appearance of the facilities within Fort Story/Cape Henry
25 have not been brought up to the standard set by those in Yorktown and Jamestown and
26 no plans for funding have been made for upgrading the Fort Story/Cape Henry site for the
27 400'h anniversary celebration;
28 WHEREAS, the significant role of the Fort Story/ Cape Henry site in the
29 Virginia Beach/Jamestown 2007 celebration, merits a implementation of a plan for bringing
30 improvements at the Fort Story/Cape Henry site into line with this area's historic
31 importance;
32 WHEREAS, on May 14, 2001, the City Council established the Virginia
33 Beach/Jamestown 2007 Steering Committee to ensure the appropriate coordination with
34 the various state and regional bodies involved in the planning of the 400lh anniversary
35 activities and to provide the recognized authority to seek funding to effect the events
36 proposed for VB/Jamestown 2007;
37 WHEREAS, the Cape Henry subcommittee of the Virginia Beach/Jamestown
38 2007 Steering Committee has developed a vision to upgrade and integrate the area in
39 proximity to all of the tourist attractions, including the old Cape Henry lighthouse, the new
40 Cape Henry lighthouse and the First Landing Commemorative site, at Fort Story into what
41 will be known as the Cape Henry National Park and Visitor Center with suitable exhibits in
42 time for the 400lh anniversary celebration; and
43 WHEREAS, the implementation of this vision will require the participation of
44 and funding by the National Park Service and other federal agencies.
45 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
46 OF VIRGINIA BEACH, VIRGINIA:
47 That City Council supports the formation of the Cape Henry National Park
48 and Visitor Center, and respectfully requests that the United States Congress direct the
49 National Park Service and other applicable federal agencies and officials to give this
50 proposal due consideration.
51 Adopted by the Council of the City of Virginia Beach, Virginia, on the .3.rd_
52
day of DQQQllIQQr
,2002.
CA-8615
ORDIN\NONCODE\
R-2
PREPARED: 11/15/02
APPROVED AS TO CONTENT
p.~
De . of Museums & Cultural Arts
APPROVED AS TO LEGAL
SU ENCY
..
Department of Law
- 25-
Item V-I.3.
RESOLUTIONS/ORDINANCES
ITEM # 50522
Upon motion by Councilman Schmidt. seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to APPROPRIA TE $1,000,000 from the General Fund and
$1,200,000 from the Water and Sewer Enterprise Fund Retained
Earnings in FY 2002-03 Capital Budget re additional funding for
radio purchases to upgrade the communication system for Police, Fire
and EMS as well as various non public safety agencies.
Voting:
7-0 (By Consent)
Council Members Voting Aye:
Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim
Reeve, Peter W. Schmidt, Rosemary Wilson. and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf Richard A. Maddox and Ron A. Villanueva
December 3, 2002
1
2
3
4
5
AN ORDINANCE TO APPROPRIATE $1,000,000 FROM
THE GENERAL FUND FUND BALANCE AND $1,200,000
FROM THE WATER AND SEWER ENTERPRISE FUND
RETAINED EARNINGS TO CIP PROJECT 3-446,
"COMMUNICATION SYSTEM UPGRADE"
6
WHEREAS, CIP Project 3-446, "Communication Syst.ems Upgrade,"
7 was established to replace outdated portable radios with upgraded-
8 digital capable radios; and
9 WHEREAS, based on submitted proposals, additional funding is
10 needed to purchase the necessary radios and to ensure their
11
integration
with
the
City's
current
radio
communication
12 infrastructure.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA,
15 That $1,000,000 is hereby appropriated from the Fund Balance
16 of the General Fund, and $1,200,000 appropriated from the Water and
17 Sewer Enterprise Fund Retained Earnings, to CIP Project 3-446,
18 "Communication System Upgrade," in the FY 2002-03 Capital Budget to
19 provide additional funding for radio purchases, with estimated revenue
20 in the Capital Budget increased accordingly.
21
Adopted by the Council of the City of Virginia Beach,
22
Virginia, on the ~_____ day of December
, 2002.
23 CA8695
24 Ordin/Noncode/proj3-446ord.wpd
25 R-2
26 November 26, 2002
Approved as to Content:
Approved as to Legal
Sufficiency:
Management Services
~or[
;;;
-7' 1/' -
s Office
jj~Q
- 26-
Item V-I.4.
RESOLUTIONS/ORDINANCES
ITEM # 50523
Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council ADOPTED, AS
REVISED:
Ordinance to APPROPRIATE $11,711 additional HOME Program
income to the Department of Housing and Neighborhood Preservation
FY 2002-03 Operating Budget for HOME approved rehabilitation
loans and citizen grants
Voting:
7-0 (By Consent)
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim
Reeve, Peter W Schmidt, Rosemary Wilson. and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva
December 3, 2002
]
2
3
4
5
6
7
8
AN ORDINANCE TO APPROPRIATE $11,711
OF ADDITIONAL HOME PROGRAM INCOME TO
THE FY 2002-2003 OPERATING BUDGET OF
THE DEPARTMENT OF HOUSING AND
NEIGHBORHOOD PRESERVATION FOR HOME
APPROVED ACTIVITIES
9
WHEREAS, $11,711 of additional HOME program income has been
10 realized from repayment of HOME loans.
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
That $11,711 of additional HOME program income is hereby
14 appropriated to the FY 2002-2003 Operating Budget of the Department
15 of Housing and Neighborhood Preservation for approved activities,
16 with revenue from the repayment of HOME loans, as Program Income,
17 increased accordingly.
18 Adopted by the Council of the City of Virginia Beach, Virginia
19
on the
3 day of December
, 2002.
CA-8693
ordinjnoncodejHOME Funds.ord
December 3, 2002
R2
Approved as to Content:
Approved as to Legal
Sufficiency:
~ 4) 7/
/ ~1/t......iI.:,~Jc
(ivIanag e:r Services
/
{Lf..-ti- i-1--.(1
Department of.
?--e---
Y~w
~
Item V-J.
PLANNING
I.AMERICAN PARKING SOLUTIONS, LTD.
2. MT. OLIVE BAPTIST CHURCH
3. TRITON PCSISUNCOM
4. TYRONE HART
5. OCEAN TIDE ASSOCIATES, L.L.c.
6. SANDBRIDGE COMMUNITY CHAPEL
UNITED PENTECOSTAL CHURCH
7. CITY OF VIRGINIA BEACH
-27-
ITEM # 50524
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
STREET CLOSURE
CONDmONALCHANGEOFZONING
CONDITIONAL USE PERMIT
December 3, 2002
- 28-
Item V-J.
PLANNING
ITEM # 50525
Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Items 2, 3 (DEFERRED), 4, 5, and 7 of the PLANNING BY CONSENT AGENDA.
Item 3 was DEFERRED INDEFINITELY, BY CONSENT
Voting:
7-0 (By Consent)
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim
Reeve, Peter W Schmidt, Rosemary Wilson. and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf Richard A. Maddox and Ron A. Villanueva
December 3, 2002
- 29-
Item V-J.l.
PLANNING
ITEM # 50526
Attorney R. E. Bourdon, Phone: 499-8941, represented the applicant
Daniel E. Polivka, Principal - American Parking Systems
Donna Polivka, Principal - American Parking Systems
Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of AMERICAN PARKING SOLUTIONS, L TD. for a Conditional Use Permit
re bulk storage of motor vehicles:
ORDINANCE UPON APPLICATION OF AMERICAN PARKING
SOLUTIONS, LTD., FOR A CONDITIONAL USE PERMIT FOR THE
BULK STORAGE OF MOTOR VEHICLES ROl2023I059
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of American Parking Solutions, Ltd., for a
Conditional Use Permit for the bulk storage of motor vehicles on the east
side of Military Highway, approximately 1,700 feet north of Alexandria
Lane. Said parcel is located in the 600 block ofS. Military Highway (GPIN
1456376863) and contains approximately 48 acres.
DISTRICT 2 - KEMPSVILLE
The following conditions shall be required:
1. The Conditional Use Permit for bulk storage of motor vehicles
shall be validfor a period of two (2) years commencing with the
granting of the permit by the City Council.
2. Use of the site shall substantially conform with the submitted
plan titled " SITE LAYOUT OF MURRAY PROPERTY,
MILITARY HIGHWAY, VIRGINIA BEACH, VA", prepared by
MSA, P.e., dated ;;Sl,'02 12/02/02. Said plan is on file with
City of Virginia Beach Planning Department
3. A waiver to on-site improvements (curb, gutter, asphalt or
concrete) shall be requested and approved by the Administrator
of the Permits and Inspections Division of the Planning
Department for the use of the proposed 'temporary parking mat'
system.
4. There shall be security on the site twenty-hour (24) hours a day,
seven (7) days a week.
5. All outdoor lighting shall be shielded to direct light and glare
onto the premises; said lighting and glare shall be deflected,
shaded, andfocused away from the adjoining residential areas.
Outdoor lightingfixtures shall not be erected any higher than 14
feet. The applicant shall submit a lighting plan to the Planning
Director, or his designee, for review.
6. There shall be no delivery of vehicles by truck or automobile
carriers.
7 There shall be no outdoor loudspeaker paging systems.
8. A solidfence, a minimum of six (6)feet in height, shall be erected
along the eastern and southern property lines adjacent to the
residential areas.
December 3,2002
- 30-
Item V-J.I.
PLANNING ITEM # 50526 (Continued)
9. The parking of vehicles on the site shall occur from West (first)
to East (last) within the area designated on the "Site Layout of
Murray Proper(y, Military Highway, Virginia Beach, Virginia ",
prepared by MSA, P.c., dated December 2,2002, as "Primary
Parking Area ". The area designated on the plan as "Secondary
Parking Area" shall only be utilized if and when the "Primary
Parking Area" is full.
10. At the end of the two (2) year period of this Conditional Use
Permit, modifications to the site madefor this use in terms of the
parking surface shall be removed.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Third of December, Two Thousand
Two
Voting: 4-3
Council Members Voting Aye:
Vice Mayor Louis R. Jones, Jim Reeve, Peter W. Schmidt and Rosemary
Wilson
Council Members Voting Nay:
Margaret L. Eure, Reba S. McClanan and James L. Wood
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva
December 3, 2002
- 31 -
Item V-J.2.
PLANNING
ITEM # 50527
Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application ofMT. OLIVE BAPTIST CHURCHfor a Conditional Use Permit re a church
(parking lot expansion):
ORDINANCE UPON APPLICA TION OF MT. OLIVE BAPTIST CHURCH
FOR A CONDITIONAL USE PERMIT FOR A CHURCH (PARKING LOT
EXPANSION R0120231060
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application ofMt. Olive Baptist Church for a Conditional
Use Permit for a church (parking lot expansion) on the east side of'
Birdneck Road, 360 feet more or less south of 19" Street (GPIN
2417567092; 2417566188). Parcel is located at 310 North BirdneckRoad
and contains 1.80 acres.
(DISTRICT 6 - BEACH)
The following conditions shall be required:
1. The site shall be developed in substantial conformance with the
submitted site plan entitled, "Preliminary Layout for Village
Drive Self Storage, Virginia Beach, Virginia," prepared by
Gallop Surveyors & Engineers, Ltd., dated August 14, 2002,
which has been exhibited to the City Council and is onjile in the
Planning Department.
2. All required streetscape and interior parking lot landscaping
shall be installed for all of the 64 new parking spaces depicted on
the site plan as specified in the City of Virginia Beach
Landscape, Screening and Buffering Specifications and
Standards.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Third of December, Two Thousand
Two
Voting:
7-0 (By Consent)
Council Members Voting Aye:
Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim
Reeve, Peter W Schmidt, Rosemary Wilson. and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf Richard A. Maddox and Ron A. Villanueva
December 3, 2002
- 32-
Item V-J.3.
PLANNING
ITEM # 50528
Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council DEFERRED
INDEFINITELY, Ordinance upon application o{TRlTON PCS/SUNCOMfor a Conditional Use Permit
re a communication tower:
ORDINANCE UPON APPLICATION OF TRITON PCS/SUNCOM
FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION
TOWER
Ordinance upon Application of Triton PCS/SunCom for a Conditional
Use Permit for a communication tower on property located south of the
intersection of Snow Goose Lane and Hawks Nest Way, north of
Interstate 264 (GPIN 2417283022). Parcel is located at 1400 Snow
Goose Lane and contains 11.69 acres.
DISTRICT 5 - LYNNHA VEN
Voting:
7-0 (By Consent)
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim
Reeve, Peter W Schmidt, Rosemary Wilson. and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva
December 3,2002
- 33-
Item V-J.4.
PLANNING
ITEM # 50529
Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of TYRONE HART for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TYRONE HART FOR A
CONDITIONAL USE PERMIT FOR A CHURCH R0120231061
BE 1T HEREBY ORDAINED BY THE COUNCiL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Tyrone Hart for a Conditional Use
Permit for a church on the south side of Virginia Beach Boulevard,
93.78 feet west of Toy Avenue (GPIN 1467477344). Said parcel is
located at 5441 Virginia Beach Boulevard, Suites 116 and 117 and
contains 2.658 acres.
DISTRICT 2 - KEMPSViLLE
Thefollowing condition shall be required:
1. The applicant shall obtain all the necessary permits, inspections,
and approvals from the Fire Department and the Permits and
Inspections Division of the Planning Department before occupancy
of the building. A Certificate of Occupancy for the use shall be
obtainedfrom the Permits and Inspections Division of the Planning
Department,
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Third of December, Two Thousand
Two
Voting:
7-0 (By Consent)
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim
Reeve, Peter W. Schmidt, Rosemary Wilson. and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva
December 3, 2002
- 34-
Item V-J. 5.
PLANNING
ITEM # 50530
Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of OCEAN TIDE ASSOCIATES, L,L, C. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF OCEAN TIDEASSOCIATES,
L.L.c. FOR A CONDITIONAL USE PERMIT FOR MULTIPLE-
FAMILY DWELLINGS RO]2023]062
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Ocean Tide Associates, L.L. C. for a
Conditional Use Permit for multiple-family dwellings on the north side
of Shore Drive, between Sea Shell Road and Urchin Road (GPIN
] 590] 06244). Said parcel is located at 2990 Shore Drive and contains
].03 acres.
DISTRICT 5 - LYNNHA VEN
The following conditions shall be required:
]. The site shall be developed in substantial conformance with the
submitted site plan titled "A project for Ocean Tide Associates,
McGinnis Realty and Development Company, Towne
Development Corporation, PROPOSED MULTI-FAMILY
DEVELOPMENT SITE PLAN", sheet C], dated October ]4,
2002, prepared by Retnauer Design Associates. Said plan is on
file in the City of Virginia Beach Planning Department.
2. The proposed buildings shall be constructed in substantial
conformance with the submitted architectural elevations titled "A
project for Ocean Tide Associates, McGinnis Realty and
Development Company, Towne Development Corporation,
PROPOSED MULTI-FAMILY DEVELOPMENT EXTERIOR
ELEVATIONS", sheets A] and A2, dated October ]4, 2002,
prepared by Retnauer Design Associates. Said plan is on file in
the City of Virginia Beach Planning Department.
3. The site shall be landscaped in substantial conformance with the
submitted landscape plan titled "A project for Ocean Tide
Associates, McGinnis Realty and Development Company, Towne
Development Corporation, PROPOSED MULTI-FAMILY
DEVELOPMENT LANDSCAPE PLAN", Sheet Ll, dated October
] 4, 2002, prepared by Retnauer Design Associates. Said plan is
on file in the City of Virginia Beach Planning Department.
This Ordinance shall be effective in accordance with Section] 07 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Third of December, Two Thousand
Two
Voting:
7-0 (By Consent)
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim
Reeve, Peter W Schmidt, Rosemary Wilson. and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva
December 3,2002
- 35-
Item V-J.6.
PLANNING
ITEM#5053i
Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council ADOPTED an
Ordinance upon application of SANDBRIDGE COMMUNITY CHAPEL, United Methodist Church for
Modification of a Conditional Use Permit (approved November 15, 1984 and October 24, 1988) re the sale
of an existing lot on Little island and Sandpiper Roads, in the vicinity of Bonita Lane:
ORDINANCE UPON APPLiCATiON OF SANDBRlDGE
COMMUNiTY CHAPEL OF THE UNITED METHODIST CHURCH
FOR A MODIFICA nON OF A CONDITiONAL USE PERMIT FOR A
CHURCH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Sandbridge Community Chapel of the
United Methodist Church for a Modification of a Conditional Use
Permit for a church approved by City Council on November 15, 1984
and October 24, 1988. Property is located on the west side of
Sandpiper Road, north and south sides of Bonita Lane between
Sandpiper Road and Little Island Road (GPIN 2433329654;
2433420899; 2433421690). Parcels are located at 3041 Sandpiper
Road and 300 Bonita Lane and contain 1.62 acres.
DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. All conditions attached to the Conditional Use Permit granted by
the City Council on October 24, 1988 remain in affect. A
reduction in land area from 1.62 acres to 1.3 acres is granted.
2. Condition Number 1 of the November 5. 1984 Conditional Use
Permit is deleted.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Third of December, Two Thousand
Two
Voting:
7-0 (By Consent)
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan. Jim
Reeve, Peter W. Schmidt. Rosemary Wilson. and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva
December 3, 2002
- 36-
Item V-J. 7.
PLANNING
ITEM # 50531
Mary Puryear Butler, 3300 Doncaster Road, Phone: 340-3300, expressed concern re street closure
Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council ADOPTED
Ordinances upon application of the CITY OF VIRGINIA BEACH for the discontinuance, closure and
abandonment of a portion of Recreation Drive, Conditional Change of Zoning and Conditional Use Permit
Application of the City of Virginia Beach for the discontinuance,
closure and abandonment ofa portion of Recreation Drive located on
the west side o.fDam Neck Road, beginning at a point 933feet more or
less south of Princess Anne Road. Said parcel contains 2.54411 acres.
DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. The City Attorney's Office shall make the final determination
regarding ownership of the underlying fee. The purchase price
to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets
Pursuant to Street Closures, " approved by City Council. Copies
of the policy are available in the Planning Department.
2. The applicant is required to resubdivide the property and vacate
internal lot lines to incorporate the closed area into the
adjoining parcels. The plat shall be submitted and approvedfor
recordation prior to final street closure approval.
3. A 30-foot wide public utility easement and a variable width
ingress/egress easement shall be provided as shown on the
preliminary plat exhibited to City Council.
4. The applicant shall verifY that no private utilities exist within the
right-ofway proposed for closure. Preliminary comments from
the utility companies indicate that there are Dominion Virginia
Power facilities within the right-of way proposed for closure.
When private utilities exist, easements satisfactory to the utility
company, shall be provided.
5. Closure of the right-of-way shall be contingent upon compliance
with the above stated conditions within 365 days of approval by
City Council. If the conditions noted above are not accomplished
and the final plat is not approved within one year of the City
Council vote to close the right-of-way, this approval shall be
considered null and void.
AND,
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH FORA CHANGE OFZONING DISTRICTCLASSIFICATION
FROM P-1 ANDR-5D TO CONDITIONAL 0-2 Z012022128
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of the City of Virginia Beach for a
Change of Zoning District Classification from P-1 Preservation
District and R-5D Residential Duplex District to Conditional 0-2
Office District on the west side of Dam Neck Road, south of Princess
Anne Road (GPIN 1485502885; portion of 1485605941; portion of
1484494376; and a section of Recreation Drive to be closed). The
proposed zoning classification change to 0-2 is for office and office
compatible land use. The Comprehensive Plan recommends this parcel
for uses consistent with the policies of the Comprehensive Plan for the
Transition Area and the Princess A nne Corridor Plan. Said parcels
contain 71.74 acres.
DISTRICT 7 - PRINCESS ANNE
December 3, 2002
-37-
Item V-J.7.
PLANNING
ITEM # 50531 (Continued)
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the
Clerk of Circuit Court.
AND,
ORDINANCE UPON APPLiCATION OF THE CiTY OF VIRG1NIA
BEACH FOR A CONDiTIONAL USE PERM1T FOR A HOSPiTAL /
MEDiCAL COMPLEX AND AN ATHLETIC CLUB R0120231062
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of the City of Virginia Beach for a
Conditional Use Permit for a hospital/medical complex and an
athletic club on the west side of Dam Neck Road, south of Princess
Anne Road (portion of GPiN 1485605941; portion of GPiN
1484494376; portion of section of Recreation Drive to be closed). Said
parcels contain 45 acres more or less.
DiSTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. Consistent with the proffers of the Conditional Zoning Agreement
providing for the Conditional Change of Zoning from P-1
Preservation to Conditional 0-2 Office on the portion of the site
subject to this Conditional Use Permit, the following conditions,
numbered 2 to II, shall apply to the development of the site.
2. The overall architectural, site, and landscape design of the site shall
be subject to the Design Guidelines for Princess Anne Commons, in
effect as of the date of the approval of this Conditional Use Permit
by the City Council, which guidelines are on file with the Planning
Department of the City of Virginia Beach. The Guidelines shall act
as the "development criteria" for this development. Architectural,
site, and landscape plans for each component of the development
shall be submitted to the Director of Planning or his designee to
ensure consistency of the design with the Design Guidelines.
3. The site shall be developed in phases which may occur over a period
of several years, substantially in compliance with the site plan
entitled "Princess Anne Commons Health Campus Site Plan Concept
Sketch" dated August 15, 2002, and prepared by CMSS Architects
(the "Site Plan "), which includes, as a prominent feature a campus
environment containing a central landscaped common area with
adjacent buildings and required parking substantially as depicted on
the Site Plan. The building locations, sizes and configurations may
change. provided that the overall campus environment and central
landscaped common area remain.
4. The Property shall contain an at-grade pedestrian walkway system
connecting Princess Anne Road, Concert Drive and Princess Anne
Park to the campus, in addition to other pedestrian routes within the
campus. Such pedestrian walkway features shall be developed in
phases as each building is constructed.
5. The architectural design of the principal buildings located on the site
shall be substantially compatible with the architectural style and
materials reflected in the renderings set forth in the exhibit entitled
"Princess Anne Commons Health Campus Concept Renderings"
dated August 15, 2002, and prepared by CMSS Architects, which
renderings substantially comply with the Design Guidelines for
Princess Anne Commons, in effect as of the date of the approval of
this Conditional Use Permit by the City Council, which guidelines
are on file with the Planning Department of the City of Virginia Beach.
December 3, 2002
Item V-J.7.
PLANNING
- 38-
ITEM # 50531 (Continued)
6. Mechanical equipment located adjacent to any structures on the site
shall be screened with appropriate fencing and/or landscaping, and
any mechanical equipment located on the top of any structures on the
property shall be enclosed on four sides or screened with
appropriately sized parapet walls.
7. All exterior dumpster areas on the site shall be screened utilizing
building materials such as brick, pre-cast, or other materials that are
compatible with the building materials utilized on the primary
structures on the site.
8. The site shall be developed with a common landscape plan, which may
be introduced in phases as portions of the site are developed, providing
for continuity throughout the site with respect to compatible tree
planting, shrubs and other landscape features.
9. The permitted accessory uses that may be developed in conjunction
with the hospital facility and overall healthcare campus shall include,
but not be limited to: allied health facilities, medical laboratories, a
helipad/helistop, cafeteria facilities and nursing and other health-
related vocational/educational facilities.
10. The restricted access from the site to Princess Anne Road shall be
limited to emergency vehicles only and shall have a gated entrance to
prevent any access by vehicles other than emergency vehicles.
11. In addition to any rights afforded by Section 15.2-2307 of the Code of
Virginia, 1950, as amended and consistent with Section 221(g) of the
City Zoning Ordinance of the City of Virginia Beach authorizing the
City Council to specifically provide activation time periods and
procedures uniquely applicable to a Conditional Use Permit in lieu of
those otherwise provided in Section 221(g); and given the unique
circumstances surrounding the delayed possession of the property
upon which this development is proposed, the phasing of its
development and the inter-relation of the combined uses shown on the
Site Plan, the following shall apply to this Conditional Use Permit:
The commencement of the development of any portion of the
Conditional Use Permit site for any of the uses contemplated
by the "Response" submitted by Sentara Healthcare
("Sentara 'j to the Request for Proposal for Development in
Princess Anne Commons, dated May 28, 2002, issued by the
City of Virginia Beach (the "City 'j (including the development
of a medical office building, athletic club/recreational facility
or any other use contemplated by the "Response" and/or
shown on the Site Plan) prior to the "Outside Development
Commencement Date" defined below shall have the effect of
fully activating this Conditional Use Permit for all uses
permitted hereunder and shall satisfy the requirements of
Section 221 (g) of the City Zoning Ordinance of the City of
Virginia Beach. For purposes of this Conditional Use Permit,
the "Outside Development Commencement Date" shall be the
date which is the later of (a) twenty-four (24) months after
delivery of possession of the property by the City to Sentara,
or (b) forty-eight (48) months after the date Sentara acquires
title to the Property from the City.
December 3, 2002
- 39-
Item V-J. 7.
PLANNING
ITEM # 50531 (Continued)
These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Third of December, Two Thousand
Two
Voting:
7-0 (By Consent)
Council Members Voting Aye:
Margaret L. Bure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim
Reeve, Peter W Schmidt, Rosemary Wilson. and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva
December 3, 2002
-, r'-'-.~
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS A PORTION OF RECREATION
DRIVE LOCATED ON THE WEST SIDE OF DAM NECK
ROAD AS SHOWN ON THAT CERTAIN PLAT
ENTITLED: "PLAT SHOWING STREET CLOSURE OF A
PORTION OF RECREATION DRIVE RIGHT-OF-WAY,
VIRGINIA BEACH, VIRGINIA"
WHEREAS, on December 3,2002, the City of Virginia Beach applied to the Council
ofthe City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed,
and vacated; and
WHEREAS, it is the judgment ofthe Council that said street be discontinued, closed,
and vacated, subject to certain conditions having been met on or before December 2,2003;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the
hereinafter described street be discontinued, closed and vacated, subject to certain conditions being
met on or before December 2,2003:
All that certain piece or parcel ofland situate, lying and being in the
City of Virginia Beach, Virginia, designated and described as
"RIGHT-OF - WAY TO BE CLOSED AREA = 110,821 SQ. FT. =
2.54411 ACRES" shown as the cross-hatched area on that certain plat
entitled: "!'LA T SHOWING STREET CLOSURE OF A POR nON
OF RECREATION DRIVE RIGHT-OF- WAY, VIRGINIA BEACH,
VIRGINIA" Scale: I "=l 00', dated Sept. 9,2002, prepared by Survey
Bureau, Engineering Division, Department of Public Works, a copy
of which is attached hereto as Exhibit A.
SECTION II
The following conditions must be met on or before December 2,2003:
I. The City Attorney's Office will make the final determination regardmg ownership
ofthe underlying fee. The purchase price to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by
City Council. Copies of said policy are available in the Planning Department.
GPIN: 1485-60-5941 and 1484-49-4376
"~--T' ,.
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and
approved for recordation prior to final street closure approval.
3. A 30 foot wide public utility easement and a variable width ingress/egress
easement shall be provided as shown on the preliminary plat exhibited to City Council.
4. The applicant shall verify that no private utilities exist within the right-of-way
proposed for closure. Preliminary comments from the utility companies indicate that there are no
private utilities within the right-of-way proposed for closure. If private utilities do exist, the
applicant shall provide easements satisfactory to the utility companies.
5. Closure ofthe right-of-way shall be contingent upon compliance with the above
stated conditions within 365 days of approval by City Council. If all conditions noted above are not
accomplished and the final plat is not approved within one year of the City Council vote to close the
roadway, this approval will be considered null and void.
SECTION III
this Ordinance will be deemed null and void without further action by the City Council.
I. If the preceding conditions are not fulfilled on or before December 2,2003,
2. If all conditions are met on or before December 2, 2003, the date of final
closure is the date the street closure ordinance is recorded by the City Attorney.
SECTION IV
3. A certified copy ofthis Ordinance shall be filed in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
VIRGINIA BEACH as "Grantor."
of OQ<;;,e"1be"-
Adopted by the Council of the City of Virginia Beach, Virginia, on this --L day
,2002.
CA-8609
Date November 18, 2002
c:\ WINNT\ Temp\ca8609 ,arct. wpd
APPROVED AS TO CONTENT:
~ Il-I"t-oz-
!lIanning Department
APPROVED AS TO LEGAL SUFFICIENCY:
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City Attorney
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F"QF<M "to. P.S. 1 a
City of Vi:rgir1ia. Bea.ch
INTER-OFFICE CORRESPONVENCE
In Reply Refer To Our File No. OF-5643
DATE: November 20,2002
TO:
Leslie L Lille!,i\:)
B. KaYWilSO~
DEPT: City Attorney
FROM:
DEPT: City Attorney
RE: Conditional Zoning Application
City of Virginia Beach (Sentara Healthcare)
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on December 3, 2002. I have reviewed the subject proffer agreement, dated
October 24, 2002, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW
Enclosure
AGREEMENT
THIS AGREEMENT, made this a. ~day of October, 2002 by and between the CITY
OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the
"City"), the owner of a certain parcel of property generally located on Princess Anne Road and
Concert Drive in Virginia Beach, Virginia, which property is more fully described on Exhibit A
attached hereto; and SENTARA HEALTHCARE, a Virginia corporation ("Sentara"), the
contract purchaser of the property (hereinafter referred to as "Grantors"); and the CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter
referred to as "Grantee").
WITNES SE TH:
WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classifications
from R-5D and pol to 0-2 Conditional on certain property which contains approximately 71.75
acres, more or less, located in the Princess Anne Election District of the City of Virginia Beach,
Virginia, which property is more particularly described in the attached Exhibit A (hereinafter the
"Property"); and
WHEREAS, the Grantee's policy is to provide only for the orderly development ofland
for various purposes, including mixed use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible
uses conflict, and that in order to permit differing uses on and in the area of the subject Property
and at the Same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned 0-2 are needed to cope with
the situation to which the Grantors' rezoning application gives rise; and
GPIN: 1485-50-2885
1485-61-4048
1485-70-0443
This Document Prepared By:
Troutman Sanders LLP
4425 Corporation Lane, Suite 420
Virginia Beach, VA 23462
WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing 0-2 zoning district by the
existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the
physical development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction
from the Grantee or its governing body and without any element of compulsion of Quid oro QUO
for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenant and agree that these proffers
(collectively, the "Proffers") shall constitute covenants running with the said Property, which
shall be binding upon the Property and upon all parties and persons claiming under or through
2
the Grantors, their heirs, personal representatives, assigns, grantees and other successors in
interest or title, mimely:
1. The Grantee acknowledges that the development of the Property in a manner
consistent with this Agreement will occur in phases over a period of several years, and that prior
to and during such development, and subject to certain Agreements between Sentara and
Grantee, the Grantee may continue to utilize portions of the Property for uses consistent with its
current R-5D and P-1 zoning classifications and the historic uses that Grantee has maintained on
the Property, and that such continued use shall not constitute a zoning violation or an
enlargement or expansion of a lawful nonconforming use.
2. Subject to Proffer #1, the Property shall be developed in a comprehensive manner
as a healthcare, office, educational and recreational complex, which shall include as the
prominent feature a unified healthcare campus, and shall be subject to the terms of that certain
Development Agreement between Sentara and Grantee to be executed upon Sentara's acquisition
of the Property, as such Development Agreement may be subsequently amended.
3. Subject to Proffer #1, the buildings and other structures on the Property shall be
developed in substantial compliance with a unified architectural theme. The exterior building
materials utilized on the principal structures shall complement one another without requiring
uniformity of materials or design, and shall substantially comply with the Design Guidelines for
Princess Anne Commons, in effect as of the date of this Agreement, which guidelines are on file
with the Planning Department of the City of Virginia Beach, Virginia.
4. Subject to Proffer #1, the primary exterior building materials utilized on the
principal Structures located on the Property shall consist of any combination of the following:
brick, glass, metal, pre-cast concrete, or stone.
5. Subject to Proffer #1, the following uses otherwise permitted or conditional in the
0-2 zoning district shall be prohibited on the Property:
a. Cemeteries.
3
b. Roadside stands for the sale of agricultural products.
c. Television or radio transmission towers, provided that building mounted
antennas, cellular telephone antennas and line-of-sight relay devices shall not be prohibited.
d. Churches.
e. Funeral homes.
Further conditions mandated by applicable development ordinances may be required by
the Grantee during detailed Site Plan and/or subdivision review and administration of applicable
City Codes by all cognizant City agencies and departments to meet all applicable City Code
requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia
Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of
the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing oflegal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Planning
4
._----_._--".._._..,..._~. -_.._~-
Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee.
Upon acquisition of the Property by Sentara, Sentara shall succeed to all rights and
obligations of the "Grantors" under this Agreement, and the City shall have no further rights or
obligations of a "Grantor" under this Agreement (but will retain all rights and obligations as the
"Grantee").
[Remainder of Page Intentionally Left Blank]
5
~ .,-----
GRANTOR:
CITY OF VIRGINIA BEACH
B~~
0.._/, ~)II*''''e.) ,
~'-~~_. ,. City Manager/ Authorized Designee
~
GRANTOR:
SENTARAHEALTHCARE
By: ~ '" \-L ":t /'"
Donald V. JelIig, VI ~sident
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
~~lO_~!!.j.I-<)
The foregoing instrument was acknowledged before me this ~ay ol~; 2002, by
'<'~>ll""~'lI\ , City MA"~6er/Authorized Designee of City Manager of the City of
Virginia Beach, Virginia, on its behalf. He/she is personalIy known to me.
My Commission Expires: Lf - 30 "da<3
;:B:1-Q$~;
Not lie
6
.._._.....^-'_._-~-,...._'--
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me thi~~~y of October, 2002, by
Donald V. lellig, Vice President of Sentara Healthcare, a Virginia corporation, on its behalf. He
is personally known to me.
My Commission Expires; 10/3;/05
162690.1
-_........ -"-_.,.-._"'._----~_._-^._-~
7
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~
otary~
CITY'S ACKNOWLEDGMENT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
I, B.L Brittingham, a Notary in and for the City and State aforesaid, do hereby certify
Ruth Hodges Smith, MMC, City Clerk for the City of Virginia Beach, Virginia, whose name is
signed to the foregoing Agreement has acknowledged the same before me in my City and State
aforesaid.
Given under my hand this.!if. day of Ahi.lO~, 2002.
No"" Poboc -:ttJ- ffJf )j;j
My commission expires: April 30'h, 2003. eJ
---r-'---..,--.--_______~__._
EXHIBIT A
~-~..~------,.,,-,....._..
ALL those certain lots, pieces, or parcels of land, situate, lying and
being in the City of Virginia Beach, Virginia, and designated and
described as "PARCEL A, GPIN 1485-50-2885, 15.960 ACRES,"
"PARCEL B, GPIN 1485-61-4048, 43.88045 ACRES," and
"PARCEL C, GPIN 1485-70-0443, 9.35546 ACRES," as shown on
the plat entitled "EXCESS PROPERTIES TO BE CONVEYED TO
SENT ARA HEAL THCARE" dated June 6, 2002, attached hereto.
UXAT/ON IIAP SCA/.E, N.T S.
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4JB8045 ACRES
PRINCESS A.NNE
PAR~
GPIN 148.\-70-6942
RECREATION DRIVE
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VIRGINIA BBACH
AMP.tnTHRATER
GPIN 1484-59-0240
EXHIBIT A
EXCESS PROPERTIES
TO BE CONVEYED TO
SENT ARA HEAL THCARE
GRAPHIC
I
0'
SCALE: I' = 400'
I I
400' 800'
DATE, JUNE 6.2002
._---~'~-_.__.."-,.,..--,.
- 40-
Item V-K.l.
APPOINTMENTS
ITEM # 50532
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
COMMUNITY SERVICES BOARD
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
MINORITY BUSINESS COUNCIL
PLANNING COMMISSION
RESORT ADVISORY COMMISSION
VIRGINIA BEACH FOUNDATION
VOLUNTEER COUNCIL
December 3, 2002
.
- 41-
Item V-K.2.
APPOINTMENTS
ITEM # 50533
Upon NOMINATION by Council Lady EureJor appointment on December 17, 2002, City Council selected:
TO BE REAPPOINTED
Mary Almaguer (Family Member)
William R. Brown
T. Roy Jarrett, III
FOR APPOINTMENT
Donna S. Morris
COMMUNITY SERVICES BOARD
Voting:
7-0
Council Members Voting Aye:
Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim
Reeve, Peter W Schmidt, Rosemary Wilson. and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva
December 3, 2002
_.._-~_.,-~,_._..
"
- 42-
Item V-N./.
ADJOURNMENT
ITEM # 50534
Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 7:44 P.M.
Q~__t2._._L~~_. /....,
Beverly OHooks, CMC
Chief Deputy City Clerk
------------------------------------
Louis R. Jones
Vice Mayor
~t~~__=
Ruth Hodges Smith, MMC
City Clerk
---------------------------------
Meyera E. OberndorJ
Mayor
City oj Virginia Beach
Virginia
December 3,2002