APRIL 13, 1993 MINUTES-8-
Item III- G. 1.
RESOLUTION
ITEM #36660
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Resolution providing for the issuance and sale of General Obligation
Refunding Bonds, Series of 1993, of the City of Virginia Beach, Virginia,
in the maximum amount of $170-Million, providing for the form, details'
and payment thereof; and, refunding of certain bonds of the City
(Revision of Resolution adopted March 30, 1993)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
April 13, 1993
BI-PF
T: \VAB\93Ref\ResA. 001
4/8/93 il: 44 a.m.
[Refunding With Delegation]
[~pril 15 dated date]
At a regular meeting o~ thc. city Council of the City of
Virginia Beach, Virginia, held on April 13, 1993, at the time and
place established by the City Council for such meetings, at which
the following members were present and absent:
PRESENT
John A. Baum
Linwood O. Branch, III
James W. Brazier, Jr.
Robert W. Clyburn
Robert K. Dean
Louis R. Jones
Paul J. Lanteigne
Mayor Meyera E. Oberndorf
Nancy K. Parker
Vice Mayor W~ll~am D. Sessoms, Jr.
ABS~.NT:
John D. Moss
the followin§ resolution was adopted by the affirmative roll-call
vote of a majority of the members of the City Council, the ayes and
nays being rscorded in the minutes of the meeting a-~ shown below:
MEE'BER
John A. Baum
L~nwood 0. Branch, III
James W. Brazier, Jr.
Robert W. Clyburn
Robert K. Dean
Louis R. Jones
Paul J. Lanteigne
Mayor Meyera E. 0berndorf
Nancy K. Parker
Vmce Mayor William D. Sessoms, Jr.
VOT~
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
RE~OLUTION PROVIDING FOR THE ISSUANCE AN]) S;tLE OF
GE~IEP~AL OBLIGATION REFUNDING BONDS, SERIES OF 1993,
OF THE CITY OF VIRGINI]% BEACH, VIRGINIA, IN THE
MAXIMUM AMOUI~T OF ~$170,000,000, PROVIDING FOR THE
FO~/4, DETAILS AND PAYMENT THEREOF AND PROVIDINO ]?OR
THE REFUNDING OF CERT~%IN BONDS OF THE CIT~
WHEREAS, the City of Virginia Beach, Virginia (the "City"),
kas the following bond issues outstanding:
(a) Gereral Obligation Public Improvement Bonds, Series of
199lC, da~;ed ~ugust 1, 1991, in the aggregate outstanding principal
amount of $4~,600,000;
(b) Gereral Obligation Public Improvement Bonds, Series of
1991A, dated July 31, 1991, in the aggregate out~tan-~ting principal
amount of $35,860,000;
(c) Gereral Obligation Public Improvement Bonds, Series of
199(]A, da'~-ed June 1, 1990, in the aggregate outstanding principal
amount of $3(,945,000;
(d) Ger.eral Obligation Public Improvement Bonds, Series of
~ 989A, dated October 1, 1989, in the aggregate outstanding
~.rincipal amc.unt of $34,15'0,000;
(e) Gereral Obligat.[on Public Improvement Bonds, Series of
1988A, dated April 15~ 1988, in the aggregate outstanding principal
amount of $33,560,000;
(f) Gereral Obligation Publ.~c Improvement Bonds, Series of
1987, dat=~d [fay 15, 1987, in the aggregate outstanding principal
amotlnt off $21,015,000;
(g) Gereral Obligation Public Improvement Refunding Bonds,
Series of 1986, dated September 1, 1986, in the aggregate
c.utstandil~g F, rincipal amount of $26,090,000;
(h) Ger eral Obligat:ion Public Improvement Bol%ds, Series of
1986, dated :4ay 1, 1986, in the aggregate outstanding principal
amount of $3C,590,000;
(i) Gereral Obligation Water and Sewer Refunding Bonds,
Series of 1986, dated September 1, 1986, in the aggregate
outstanding ~.rincipal amount of $8,235,000;
(j) Ger.eral Obligation Water and Sewer Bonds, Series of 1986,
dated May 1, 1c,'86, in the aggregate outstanding principal amount of
$4,935,000;
(k) Ger. eral Obligation Public Improvement Refunding Bonds,
Series of 1985, dated November 15, 1985, in the aggregate
out:~tanding ~.rinc~pal amount of $18,275,000;
(1) Ger. eral Obligation Public Improvement Bonds, Series of
1975, dated December 1, 1975, in the aggregate outstanding
~.rincipal amc.unt of $3,075,000;
(m) Correctional Facility Bonds, Series of 1975, dated
December [[, 19'75, in the aggregat~ outstanding principal amount of
$1,175,000;
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(n) Public Improvement Bonds, Series of 1979, dated November
1, 1979, in the aggreqa~-.e outstanding pr inc J pal amount of
$6, .650,000;
WHEREAS~ it appears that the City can effect considerable
savings by issuing its general obligation refunding bonds in the
maximum amount of $170 , 000 , 000 (the "Bonds") to re~:und all or a
port. ion of the follcwing maturities of suc~ bond issues
t'collectively, the "Refunded Bonds"):
(a) Ge~eral C. bligation Public Improvement Bonds, Series of
]_99/C, matur:.ng on August 1, 9.008 throuqh 2011, in the aggregate
principal amount of $9,850,000 (the "Refunded 199]C Bonds");
(b) Ge~eral Obligation Public Improvement Bonds, .qeries of
1.99~A, matur'[ng on March 1, 2006 through 2011, in 'the aggregate
principal am¢~unt of $11, 940., 000 (the "Refunded 1991A Bonds");
(c) General Obligation Public Improvement Bonds, series of
2004 through 2010,
1990A, matur.[ng on June. l, in the aggregate
principal amount of $14 , 350,. 000 (the "Refunded 1990A Bonds");
(d) Ge~eral Obligation Public Improvement Bonds, Series of
1989A, maturing o~ October 1, 2000 through 2009, in the aggregate
principal amount of $20,100,000 (the "Refunded 1989k Bonds");
(e) General obligation Public Improvement Bonds, Series of
1988A, maturLng on May 1, 1999 through 2008, in the aggregate
principal amc,unt of $20,960r000 (the "Refunded 1988A Bonds");
(f) General Obligation Public Improvement Bonds, .~leries of
198'7, maturing on May 1~ 1998 through 2000, in the aggregate
principal amount of $7,2'30,()00 (the "Refunded 1987 Bonds");
(g) Ger.eral Obligation Public Improvement Refunding Bonds,
Series of 1986, maturing on July 15, 1998 through 2000, and
July 15, 2003 and 2004, in the aggregate principal amount of
$14,700,0,~0 (the '"Refunded 1986 Refunding Bonds");
(h) G~.neral Obligation Public Improvement B.onds, Series of
].986, maturing on May 1, 1997 through 2006, in the aggregate
principal amount of $24,390°000 (the "Refunded 1986 Bonds");
(i) General Obligation Water and Sewer Refunding Bonds,
Series of 19F6, maturing o~] July 15, 1999 through 2004, in the
aggregat.@ principal amount of $4,335,000 (the "Refunded 1986 Water
and Sewer Retunding Bonds");
(j) Ger. eral Obligation Water and Sewer Bonds, Series of 1986,
maturing on May 1, 1997 thro%lgh 2006, in the aggre~ate principal
amount of $3,940,000 (the Refunded 1986 Water and S.~wer Bonds");
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(k) General Obligat:i. on Public Improvement Refunding Bonds,
set.Les of 198'5, maturing on DecEmber 1, 1996 and 1997, in the
aggregate principal amount of $6,930,000 (the "Refunded 1985
Kefunding Bords");
(1) Gereral Obligation Public Improvement Bonds, Series of
]975, matur~.ng on December 1, 1993, through 1995, in the aggregate
principal amc.unt of $3,075,000 (the "Refunded 1975 Bonds'");
(m) Correctional Facility Bonds, Series of 1975, maturing on
December i, 1993, throuqh 1995, in the aggregat~ principal amount
of $1,175,00¢ (the "gefunded 1975 Correction Bonds");
(n) Public Improw~.men't Bonds, Series of 197c~, maturing on
5ow~mber I, 1993, through 1999, in the aggregate princip~,l amount
of $6,650,00C (the "~efunded 1979 Bonds"); and
WHER:ZAS, on March 17, 1993, the issuance of the Bonds to
r. efund the R=~funded Bond~; was approved by the Sta'te Council on
Local Debt ~s roq~ired by .~;ection 15.1-227.46 of the Code of
%irginia of 1950, as amended;
WHER.MAS, the City Council adopted a resolution on March 30,
~993 (the "Prior Resc. luti¢~n"), providing for the issuance: of such
bonds and the city Council has determined to repeal the Prior
Reso lut i'on;
BE IT R].]SOLVRD BY THE CITY COUNCIL OF THE CI~:Y OF VIRGINIA
1. Ism.uance an~ Sale. There are authorized to be issued
~nd sold general obligation bonds in the ma'~imum amount of
$170,000,000 for refunding all or a portion of the Refunded Bonds
~nd to pay costs of issuance of such bonds. The Bonds shall (a)
bear interest at a "true" or "Canadian" interest cost not to exceed
6.5%, taking into account original issue discount or premium, if
any, (b) shall be sold with an underwriters' discount not to exceed
.75% of the principal amount thereof, and (c) sh~ll mature not
later thal~ JL. ly 15, 201].
Z. Bond Details. The bonds shall be designated "General
Obligation Refunding Bonds, Series of 1993" (the "Bonds"), shall be
d. ated April 15, 199~, , shall be in registered form, in denominations
¢.f $5,000 and multiples thereof, and shall be numbered R-1 upward.
Each Bond shall bear interest from its date at such rates as shall
be deters.[ned .at the time of sale, payable semiannually on January
15 and July 15, beqinning January 15, 1994. Principal shall be
payable tm the reqistered owners upon ~urrender of Bonds as they
become due at the office of the Registrar, as defined below.
Interest shall be payable by check or draft m~iled to the
r'eg[ster.~d owners at their addresses as they appear on the
registration books kept by the Registrar on the first day of the
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month of E~ac:h Lnterest payment date. Principal and interest shall
be payabl,_= in lawful money of the United States of America.
Initiakl.y, one Bond certificate for each maturity of the Bonds
~;haLl be issued and registered to T~e Depository T~ust Company, New
%ork, New York ("DTC"), or its nominee. The City sh~ll enter into
Letter of Repre.~;entat~ons relating to a book-entr~- system to be
maintainsd by DTC w~th res]~ect to the Bonds. "Securities Deposito-
ry'' shal] mean DTC or any ¢)ther sec~rities depository for the Bonds
~ppointed pu~'.suant to this Section.
In the event -~hat (a) the Securities Depository determines not
to continue to ac~: as the securities depository fo]: the Bonds by
c.!ivLng notice to tl%e Registrar, as hereinafter d,~f~_ned, and the
C~ty discharges its responsibLlities hereunder, or (b) the city in
~ts sole discreticn determines (i) that beneficial c~;ners of Bonds
~;haLl be able ~o obtain certificated Bonds or (ii) tc~ select a new
Securitie.~ D,=~pository, then the City Manager .~;ball attempt to
locate ~aother qualified securities depositor~ to serve as
Securi~ie~ D.=_pository or authenticate and deliver certificated
5~onds tc the beneficial .~wners o~ to the Securit..es Depository
participants on bel~alf of beneficial owners substantially in the
form providedl for in Section 5; provided, however, that such form
shall provide for intere~;t on the Bonds to be payable (A) from
Apr[1 15, 19~.3, i~ it is authenticated prior to January ~.5, 1994,
or (B) o~herwise from the Cranuary 15 or July 15 that is, or
_~mmediataly ~;recedes the date on which it is authenticated (unless
payment of interest thereon is in default, in which case interest
on such Bonds shall be payable from the date to whlcli interest has
been paid). In delivering certificated Bond~, the Registrar shall
be entitled to rely on the £ecords of the Securities Depository as
to the beneficial owners or the records of the Securities
Depositorf participants acting on behalf o~ beneficial owners.
$uc1% cer':Lficated Bonds will then be registrable, tr~nsferable and
exchangea'01e as set forth in Section 7.
So long as there is a Securities Depository fc)r the Bonds (1)
it or its nominee shall be the registered owner of t~e Bonds, (2)
r, otwithstand~ng anything to the contrary in this Resolution,
c~etermina~ions of persons ent~t]sd to payment of principal and
~nterest, transfers of ownership and exchanges and receipt of
notices shall be the responsibility of the Secuzit[es Depository
and shall be e~fect~.d pursuant to rules and procedures established
by such Securities Depository, (3) the Registrar and the CLty shall
not be resp,)nsibla or liable fc~r maintaining, supervising or
reviewing the :~ecords maintained by the Securities Depository, its
participaats (~r person~ acting through such participant~, (4)
reference:~ in this Resolution to registered owners of the Bonds
s.haL1 mean such Securities Depository or its nomin~.~ and shall not
mean the ben~'~ficial owners of the Bonds, and (5) in the event of
~ny inconsistency between tl].=_ provisions of this Resc~].ution and the
provision:~ o~ the above-referenced Letter of Repressntations such
provision.~ of the Letter of Repre~ontations, except to the extent
set forth in ':his paragraph and the next preceding paragraph, shall
control.
3. Redemption Prov is:ions.
redemption p~'ior to maturity.
The Bonds are not subject to
4. ]~xeoution and Authentication. The Bonds s~all be signed
by the manual or facsimile signature of the Mayor, :shall be
countersigned, by the manual or facsimile signature of the Clerk,
ond the City's seal shall be affixed thereto or a facsimile thereof
p. rinted tl%ereon. No Bond signed by facsimile signatures shall be
valid until it has been authenticated by the manual s~gnature of an
authorized officer or employee of the Registrar a~d the date of
authentic,~tzcn noted thereon.
5. Bond Form.
following fo=m:
Bonds shall be in subs. tantially the
1~ EGX S T ER]~.D
RESISTERED
No. R-__
UNITED ~TATES OF AMERICA
CO~(ONW,EALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
¢]~neral OblAqation Refundimq Bon,d, series of 1993
INTI]R~ST
MATURITY DATE
DATED DATE
CUSIP
April 15, 1993
REGISTER],:D OWNER:
PRI};CIPAL AMOUNT~
DOLLARS
The city of Virginia Beach, Virginia (the "City"), for value
received, promises to pay, upon surrender hereof, to the registered
owner thereof, or registered assigns or legal representative, the
principal sum stated above on the maturity date stated above, and
to pay interes~ hereon from its date semiannually on each January
15 and July 15, beginning January 15, 1994, at the annual rate
stated above. Principal and interest are payable in lawful money
of the United States of America by the City Treasurer, who has been
appointed paying agent and registrar for the bonds, or at s. uch bank
or trust company as may be appointed as successor paying agent and
registrar by the City (the "Registrar").
Notwithstanding any other provision hereof, this bond is
subject t¢. a book-entry system maintained by The Depository Trust
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Company ("DTC"), and the payment of principal and interest, the
providing of notices and[ other matters shall be made., as described
~n the City'.-. Letter of Representations to DTC.
Thi.s bond is one of an issue of $ General obligation
Ref~Inding Bonds, Se'ties of 1993, of like date and tenor, except as
to number, denomination, rate of interest and maturity, issued
pursuant ~o s resolution adopted by the city Council on April 13,
] 99.], and %he Constitu~ ion ~nd statutes of the Commonwealth of
Virqinia, including the City Charter and the Public Finance Act of
199[, to prov_[d@ funds to refund portions of vari,:,us series of
c~eneral obl'_gatio~, bonds issued by the city between 1985 and 1991.
The 3onds are not .~:ubject to redemption prior t.o maturity.
The full [azth and mredit of the City are irrevocably pledged
for the payment of principal of and interest on this, bond.
The Registrar shall treat, the registered owner o~: this bond as
the person e~clusively entitled to payment of principal of and
~nterest on ~-his bond and tPe exercise of all other rights and
~owers ,Df the owner, excep~ that interest payments ,~hall be made to
the person sho~n as the owner on the first day of 2h~ month of each
interest paynent date.
Ail acts, conditions and things required by the Con.~;titution
and statutes of the Commonwealth of Virginia to happen, exist or be
~erformed pr,~cedent to and in the issuance of this bond have
happened, exist and have beel% performed, and the issu,,.=.; of the bonds
cf which th~s bond ]_s one, together with all other indebtedness of
the City, is within every debt and other limit prescribed by the
£on:~titut[on and statutes of the Commonwealth of Virginia.
IN WITNES;~ WHEREOF, the City of Virginia Beach, Virginia, has
caused tit:ts bond to be signed by its Mayor, to be codntersigned by
its Clerk.. its seal to be affixed hereto and this bond to be dated
April 15, 1993.
COUI{TERS I(~,NED ~
Clerk, C'~[y of Virginia
Be. ach, Virginia
( SEAL)
Mayor, di[y o[ Vzrglnla
Beach, Virginia
ASSiGmMENT
FOR VALUE RECEIVED the undersigned hereby sell(,~), assign(s)
and transfer(s) unto
[ PLEASE INSERT SOCIAL SECURITY OR OILER IDENTIFYING NL~BER OF TRANSFEREE: ]
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(Please prin- or type name and address, including zip code, of
Transferee)
the with~ n bond and all rights thereunder, hereby, irrevocably
const~tut~n~ and appointing
, Attorn~{.. , to transfer
~aid bond on the books kept for the registration t.hez.'~.of, with full
pow~=.r of sub-~titut~on in the premises.
Dated:
Signature Guaranteed
NOT£CE: Sl-g~tature(s) must be
guaranteed by a member firm
of '~he New York Stock
Exchange ,Dr a commercial bank
or trust company.
(Signature of Re[3istered Owner
NOTICE: The ~ignature above
must correspond with the name
of the registere~] owner as it
appears on the front of this
bond in ev,.=-ry particular,
without al~:eration or
enlargement or any change
whatsoever.
~. Pledge of Full Faith an4 Cre4it. The i~lll faith and
credit of th6. city are irrevocably pledged for the payment of the
principal of and interest on the Bonds. Unless other funds are
lawfully available and appropriated for timely p;,~yment of the
5onds, th~- City Council shall levy and collect an annual ad valorem
tax, over and above all other taxe~ authorized or ~[mited by law
~nd without limitation as to rate or amount, on all locally taxable
property in the City sufficient to pay when due the principal of
and interest on the Bonds.
?. Registration, Transfer an~ Owners of Bonds. The City
Treasurer is appointed paying agent and registrar o~ the Bonds (the
"Reqistra'c") . If no qualified securities depo.~.itory is the
r'eg[ster.~_d owner o~ the Bonds, the City may appoint a qualified
bank or trust company as successor Registrar. The Registrar shall
maintain registration books for the registration al~d exchange of
Bonds. Upon presentation and surrender of any Bond to the
Registrar, at its corporate trust office if the Reg[st. rar is a bank
c.r trust company, together with an assignment duly executed by the
registered cwner or his duly authorized attorney or legal
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rep~esentati,,e in such form as shall be satisfactory to the
Registrar, the City she 1] execute, and the Recjistrar shall
authenticate and deliver in e>:change, a new Bond or Bonds ]-Laving an
equal aggregate principal amount, in authorized denominations, of
the same form and matur]_ty, beariDg interest at the same rate and
registere~ in the name ~s requested by the then req;istered owner
theDeof or i':s duly authoriz~d attorney or legal representative.
Any such ,~.xcPange shall be at the expense of the Cit,_~, except that
~:he Registra-,- may charg,=~ the person requesting such exchange the
amo~ant of any tax or governmental charge required t¢~ be paid with
respect thereto.
The Registrar shall treat the registered owner as the person
or entity exclllsiveLy entitled to payme,it of principal, and interest
~nd the exercise of all ether r~ghts and powers c,f the owner,
e. xc,_=pt theft in~_erest payments shall be made to the pe~'son ,Dr entity
shown as own~.r on the registration books on the fi~':~t day of the
month of the interest payment date.
8. Sale and Awa~l of BonSs. The City Council_ approves the
following terms of the sale o-~ the Bonds. The Bonds shall be Mold
to Gold~an, Sachs & Company, PaineWebber Incorpo~'ated, Lehman
F~rothers, Davenport & Company of Virginia, Inc., Craigie
] ncorpor a ted, Wh.eat, F J.r.~t Securities, Inc. and Scott &
Str [ngfellow, Inc. (th~ "Underwriters") pursuant to a Bond
Purchase Agreement between the City and the Underwr[t.~;rs (the "Bond
Purchase Agreement"). The Bond Purchase Agreement shall be in
substantially the form of 'th,=. Bond Purchase Agreement that the City
executed in connection wit~ its $37,590,000 Gen,.=-ral Obligation
~onds, Series of 1992. The Bonds shall be sold at such prices
c[et~-rmined tu be in the best interest of the Cit~' by the City
~4anager subj,.ct to the ]imitations set forth in paragraph 1. The
City Council further authcrizes the city Manager to (ap reduce the
;.ggregats principal amount of the Bonds, (bp determine the maturity
~:ch~dule of the Bonds, and (.c) determine which of the Refunded
F. ionds wix L be refunded. The city Manager is authorized to execute
~ Bond Purchase Agreement w:Lth the Underwriters, the execution
thereof to constitute evidence of his approval of such Ac_lreement,
snd deliver it to the Underwriters. Following the ~-a,-:cution of the
Bond Purchase Agreement, the city Manager shall fil~. a copy of it
with the Clerk. The actions of the City Manager in selling the
5.ond$ shalL1 be conclusiw~_, and no further action shal-[ be necessary
on the past c,f the City Council.
9. Final Official Statement. After the Bond Purchase
~gr~ement has been executed, the city Manager, in collaboration
with the city's financial advisors, shall make suci~ completions,
c. mi.~sion.~, in.~ertions and changes in the city's Preliminary
C, fficial Statement not inccnsistent with this R,.=.solution as ar~
r. ec(~.ssary or desirab].e to complete it as a final o fEicial State-
~.ent, execution thereof by the City Manager to constitute conclu-
sive evidence of his approval of any such completioas, omissions,
insertions and changes. The City shall arrange for the delivery to
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the Underwriters of a reasonable number of copies of the final
Official Stetement, within seven business days after the Bond
Purchase Agreement ha~, been executed, for delivery to each
potential investor requesting a copy of the official Statement and
to each perscn to whom the underwriters initially se[k Bonds. Such
delivery to the Underwriters shall constitute conclusive evidence
that the Official Statement has been deemed f~nal by 1:he City as of
'~ts date within tile meaning cf Rule 15c2-12 of the Securities and
Exchanqe Com]~ission.
10. Ese;row Deposit. Agreement. The City Manager is authorized
and directed t:o e×ecute an Escrow Deposit Agreement between the
City and Bankers T~ust Company, New York, New York (the "Escrow
Agent"), which is hereby appointed as Escrow Agent (the "Escrow
Deposit Agree.ment'"), pre, riding for the deposit and investment of a
portion cf t~e Bond proceeds for the defeasance of the Refunded
Bonds. The Pscrow Deposit Agreement shall be in the form approved
by the City M~nager in col labcration with the City At~.orney and the
City's bond counsel, the execution thereof by the C]~ty Manager to
con:=titut~ conclusive evidence of the City Manager's approval of
such Agreement. The Escrow Deposit Agreement shall p~-ovide for the
irrevocable ¢.epos~t of a port[on o~ the Bond proceeds in an escrow
~und which shall be sufficient, when invested in noncallab[e direct
obl [gati o us or obligations guaranteed by the United States
Government, to prcvide for payment of principal cE and premium, if
any, inte=est on the Re~unded Bonds; provided, however, that such
5:ond proceed[; shall be inves'~ed in such manner that none of the
Bonds wil~ be. "arbitrage: bonds" within the meaning Df Section 148
¢,f the In'zernal Revenue Code of 1986, as amended, and regulations
~ssued pu'_~su~nt thereto (the "code").
11. De~.oslt of Boned Procee4s. The City Treasarer is hereby
authorized and directed to provide for the delivery of the
Refunding Po~tion to the Escrow Agent for deposit in the escrow
fund establis, hed by the Escrow Agreement, and to provide for the
deposit of th,=~ remaining proceeds of the Bonds in a special account
to be used[ to finance the: ¢:os~ts of refunding the Refunded Bonds and
issuing the Bonds. The Cit~ Treasurer is further authorized and
dir~.cted to take ail such further action as may be necessary or
desirable in connection with the payment and redemption of the
Refunded Bonds.
12. Redemption of Refunded Bonds. The City Manager is
authoriz~.d and directed to determine which Refunded 1991c Bonds,
the Refunded 1991A Bonds, the Refunded 1990A Bonds, the Refunded
1989A Bond[s, the Refunded 1988A Bonds, the Refunded 1987 Bonds, the
Rafunded 198 5 Refundinq Bonds, the Refunded [986 Bonds, the
Refunded 1986 Water and Sewer Reft[ndlng Bonds, the Refunded 1986
Water and Sewer Bonds, the Refunded 1985 Refunding Bonds, the
Refunded 1975 Bonds, the Refunded [975 Correctional Bonds and the
Refunded 1979 Bond.,; shall constitute the Refunded Bonds. The
Refunded Bonds are specifically and irrevocably called for
redemption on the first applicable date when such Refunded Bonds
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are callable prior to maturity. The Escrow Agreement shall provide
for giving n()tice of redeTaption in accordance with the resolutions
authori2, ing such bonds to the registered owners of' the Refunded
]3onds.
13. Primp&ration and Delivery of Bonds. After the Bond
Purchase Agreement has been executed, the officers of the city are
authorized and directed to take all proper steps to have the Bonds
prepared and executed in accordance with their terms and to deliver
4~he Bonds to the 13nderwrite~ upon payment therefor.
14. Arbi tra(]e Covenants · (a) Except fo~ the City' s
~$20,000,000 General Obligation Public Improvement Bonds, Series of
1993A, the City represents that there have not been issued, and
covenants that there will not be issued, any obligations that would
be treated a~ part of the same issue of obligation_~ as the Bonds
within the meaning cf Treasury Regulations Section 1. 103-13(b) (10).
(b) The city shall not take or omit to take any action the
taking or omission of which will cause the Bonds to be "arbitrage
bonds" w [thin the meaning of Section 148 of the (;ode and
r'eg~latiogs issued pursuant thereto, or otherwise cau..ze interest on
the Bonds to be includable in the gross income cf ~he registered
owners there,Df under existi~g statutes. Without limiting the
§enerality of the foregoing, the City shall comply with any
F,rovision of law which may require the City at any ~ime to rebate
to the United States any part of the earnings d~.rived from the
inw~stment of the gross proceeds of the Bonds, unless the City
receives an opinion of nationally r.~.cognized bond counsel that such
complianc~{ is not required 'to prevent interest on the Bonds from
being includable in the gross income of the registered owners
thereof under existing statutes.
15. Non-:~rbitrage Certificat,~ and Elections. Such officers
of the City as may be requested are hereby authorized and directed
to execute ar appropriate c~-~rtificate setting forth the expected
use and investment of the proceeds of the Bonds in order to show
that such =~x~.ected use and inw~.stment will not violate the
provisions: of Section 14~ of the code and regulations issued
pursuant thereto. Such certificate shall be in such form as may be
r~quested by bond counsel for the City.
16. Limitation on Priv&'~e Use. The city covenants that it
shall not pernit the proceeds ,Df the Bonds to be u-~ed in any manner
that would result in (a) 5% or more of such proceeds being used in
a trade oI business carried on by any person othec than a govern-
mental unit, as provided in Section 141(b) of the Code, (b) 5% or
more of such proceeds being used with respect to any output
facility ~other tl]an a facility for the furnishing of water),
within the me,~ning of Section 141(b)(4) of the Code, or (,~) 5% or
more of such proceeds being used directly or indirectly to make or
finance loans to any persons other than a governmental unit, as
provided in Section 141(c) of the Code; provided, however, that if
-11-
the City receives an opinion of nationally recognized bond counsel
that any such covenants need not be complied with to prevent the
interest on the Bonds from being includable in the qloss incom~ for
federal income ta~ purposes of the registered owners thereof under
existing law, the City need not comply with such covenants.
17. Ap~,licable Law. Th~=. City elects that the Bonds =hall be
issued pursuant to the .Public Finance Act of 1991, Section 15.1-
227.1 et seq. of the Code of Virginia of 1950, as amended.
lS. other Actions. Ail other actions of office, rs of the City
and the C:~ty Council in conformity with the purposes and intent of
this Resolution and in furtherance of the issuance and sale of the
Eon(is and th=~ payment and redemption of the Re~ur.(ied Bonds are
hereby ratified, approved and confirmed. The off[ce~:s of the City
are authorized and directed to execute and deliver al! certificates
and instruments and to take all action necessary or desirable in
connection with the issuance, sale and delivery of the Bonds.
19. R~peal of Conflicting Resolutions. Ail resolutions or
uarts of resclutions, including the Prior Resolutio'%, in conflict
herewith are hereby repealed.
20. Effective Date.
immediately.
This Resolution shall take effect
The %~ndersigned Clerk of the city of virginia Beach, Virginia,
hereby certifie.~ that th,=_ foregoing constitutes a true and correct
e×tract from the minutes of a regular meeting of the Cit~ council
of the Ci'~y of Virginia Beach, Virginia, held on the 13th day of
April, 1993, and of the whole thereof so far as applicable to the
matters referred to in such extract.
WITNESS my signature and the seal of the City of Virginia
Beach, Virginia, this .... day of , 1993.
( SEAL )
Clerk, City of Virginia Beach,
Virginia
-12-
ARRROVED AS C~.~:',
SIGNATURE
.....
DEPARTMENT
r~pPROVED AS TO LEGAL
[SUFFICIENCY AND
CtTV ATTOI~' 'r
-9-
Item III- G. 2.
RESOLUTIONS
ITEM #36661
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Resolution providing for the issuance and sale of $20-Million General
Obligation Public Improvement Bonds, Series of 1993A, of the City of
Virginia Beach, Virginia, and providing for the form, details and payment
thereof. (Revision of Resolution adopted March 30, 1993)
Voting: 10-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
April 13, 1993
RY-PF
T: \VAB\93Ref\ResCAlt.A
4/8/93 11:42 a.m.
[New Money With Delegation]
[April 15 4a~e~ Gate]
At a regular meetinq of the City Council of the City of
virginia Beach, Virginia, held on April 13, 1993, at the time and
place estabtisbed by the City Council for such meetings, at. which
the following ~embers were present and absent:
].:RES ENT:
John A. Baum
Linwood O. Branch, III
James W. Brazier, Jr.
Robert W. Clyburn
Robert K. Dean
Louis R. Jones
Paul J. Lanteigne
Mayor Meyera E. Oberndorf
ABSENT: John D. Moss
Nancy K. Parker
Vice Mayor Will~am D. Sessoms, Jr.
the following resolution was adopted by the affirmative roll-call
vote of a m~Jority of the members of the City Council, 'the ayes and
nays being recorded in the minutes of the meeting as shown below:
MSMBER
John A. Baum
Linwood 0. Branch. III
James W. Brazier, Jr.
Robert W. Clyburn
Robert K. Dean
Louis R. Jones
Paul J. Lantemgne
Mayor Meyera E. 0berndorf
Nancy K. Parker
V~ce Mayor William D. Sessoms, Jr.
VOTE
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Aye
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
$20,000~ 000 GEN.~RAL OBLIGATION PUBLIC I}{PROVEMENT
BOND~ SERIES OF 1993A, OF THE CITY OF VIRGINIA
BEAC~£, VIRGINIA, AND PROVIDING FOR ~HE
DETAILS A/~D PAYMENT THEREOF
WHEREAS, the issuance of $68,375,000 of bonds of the City of
Virginia Beach, Virginia (the "city") , was authorized by an
ordinance adopted by the City Council on August 23., 1989, and
apt)roved by the qualified voters of the City at an election held on
November 7, 1989, to finance continuing development of the City's
school system, $67,080,000 of which bonds have been issued and
sold;
WHEREAS, the issuance of $36,100,000 of bonds of the City was
authorized by ~n ordinance adopted by the City Council on November
12, 1991, without being submitted to the qualified voters of the
City, for the purposes and in the amounts shown below, none of
which bonds have been issued and sold:
School projects, including planning, design,
construction, renovation~ site acquisition,
expansion° equJ. pping, and furnishing of
:schools al~d related fac~lztzes
$ 9,060,000
Engineering and highway project, s, including
site acqu_'_sition and imprcvements, design,
planning, construction, improvement,
replacement, expansion, and e×tension of
streets, highways, bikeways, and br_idges
20,1~94,026
Drainage projects an(] outfall improvements
including ¢'hannel improvements and pumping
stations
'766 294
2, ,
Building ]>rojects, including design, planning
construct ion, improw:_m.=_nts, renovation,
expansion, equipping, and furnishing of
a Beach Borough Service Center, other
municipal offices, fire arid rescue stations,
courts, s'zorage, and other facy. lities
1,596,810
Parks and recr~.ation projects, including new
athletic fields and park facilities, upgrading
existing athletic fields, renovating tennis
courts., park improvements, storage, and
other' faci2[ities
1,782,870
TOTAL $36,..100,00Q;
W~REAS, the issuance of $41,300,000 of bonds of the City was
authorized by an ordinance adopted by the City Council on November
24, ].992, %;ithout being submitted to the qualified voters of the
City, for the purposes and in the amounts shown below, none of
which bonds have been issued and sold:
School_ projects, including planning,
design, construction, renovation, expansion,
equipping, and furnishing of schools and
related facilities
$40,545,232
Building projects, including design,
planning, construction, improvements,
renovation, expansion, equipping, and
furn.[shing of courts, libraries, storage,
and o~'her facilities
754,768
TOTAL
z, 30.0.,. 00_0;
-2-
WH]ZREAS, the city Council has determined it is in the city's
be.=:t interest to i~sue and sell the remaining $1,295,0.90 of the
school bonds authorized in ]989, the $9,060,000 of bc~nds authorized
in 1991 for schools, and $9,645,000 of the bonds authorized in 1992
for schools; and
WHEREAS, it l%as be,=-n recommended to the City Council by
represent ati yes of Government Finance Associat{:_s, Inc. and
Gouernment Finance Group, Inc. (the "Financial Advisors") that the
city issue and sell, as a sin~31e i.~'.sue of public improvement bonds,
such $20,000,000 of bonds;
WHEREAS, the city Council adopted a resolution on March 30,
~993 (the "Pr]or Resolution"), providing for the issuance of such
bonds and the City Council has determined to repeal the Prior
Resolut ion;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIR~I~IA:
1. Is~uance and Sale. There are authorized to be issued
and sold as a single issue of $20,000,000 public improvement bonds,
consisting of the $1,295,000 remaining amount for schools
authorized in .[989, the"
.~9,060,000 amount authorized t~or schools in
199[, and $9,645,000 of the anount authorized for schools in 1992,
~s particularly set out in Exhibit A, which is incorporated in this
Resolution. The Bonds (a) shall bear interest at a "true" or
"Canadian"' interest cost not to exceed 6.5%, taking into account
cri{~inal issue discount or premium., if any, (b) shall be sold with
an underwriters' discount not to exceed .75% of the principal
amount thereof, and (c) shall mature not later than July ].5, 2013.
Z. Bon~ Details. The bonds shall be designated "General
obligation Public Improvement Bonds, Series of 1993A" (the
"Bonds"), shall be dated April 15, 1993, shall be in registered
form, in dencminations of $5,000 and multiples thereof, and shall
be numbered R-1 upward. Each Bond shall bear interest at such
rates as shall be determinsd at the time of sale, payable
semiannually ,)n January 15 and July 15, beginning January 15, 1994.
Principal. and premium, if any~ shakl be payable to the registered
owners upc.n s~rrender of Bonds as they become due at the office of
tlge Registrar, as defined below.. Interest shall be payable by
check or draft mailed to the registered owners at their addresses
as they appeac on the registration books kept by the Registrar on
the first d~y of the month of each interest payment date.
Principal, premium, if any, and interest shall be ~ayable in lawful
money of the United states of America.
Initially, one Bond certificate for each maturity of the Bonds
shall be issued and registered to The Depository Trust Company, New
York, New York ("DTC"), c.r its nominee. The City shall enter into
a Letter of Representations relating to a book-entry system to be
maintained by DTC with respect to the Bonds. "Securities Deposito-
-3-
fy" shall mean DTC or any other securities depository for the Bonds
appointed pur.~uant to this Section.
In the event that (a) the Securities Depository ,.~etermines not
to contll~ue to act as the securities depository for the Bonds by
giving notice to the Registrar, as hereinafter defined, and the
City di-~;¢'har.~e.s its responsibilities hereunder, or (b) the city in
its. sole discretion determi'ne.s (i) that beneficial ownerz: of Bonds
shall be able to obtain certificated Bonds or (ii) to select a new
securitJ, es DeposJ. tory, th~n the City Manager shall attempt to
locate ~nct.~er qualified securities depository to serve as
,~ecurit~es Depository ,mr authenticate and deliver' certificated
.Bonds to the beneficzal owners c~r to the Secur~t:[es Depository
]Darticipants on behalf of beneficial owners substantially in the
form provide,~ for J n Section 5; provided, howevers, that such form
shall provid~ fon interest on the Bonds to be payable (A) from
April ] 5, 19:)~,~ , i ~ it is authenticated prior to Jul,;.. 15, 1994, or
(B) otherwi.~;e fzom the January 15 or July 15 that is, or
immediately precedes the date on w~hich it is auth,mnticated (unless
payment of interest the].~eon is in default, in which case interest
on such Bonds: shall be payable from the date to which interest has
been paid). In delivering certificated Bonds, th,=- K~.glstrar shall
be entitled to rely on the records of the Securities Depository am
to the bene fic ia 1 owners or the records of the Securities
£)epositor~ p~rticipants acting on behalf of beneficial owners.
Such certificated Bonds will then be registrable, transferable and
exchangemble as set forth in Section 7.
So long as there is a Securities Depository for the Bonds (1)
it or it:s nominee shall be the registered owner of the Bonds, (2)
not~ithstanding anything tm the contrary in this Resolution,
determin,~tions of persons entitled to payment of principal,
premium, J.f any, and inte. rest, tran.~fers of ownership and exchanges
and receipt of notices shall be the responsibility of the Securi-
tie.~ Depository and shall be effected pursuant to rules and
procedures e~.~tablished by such Securities DeposiJ:ory, (3) the
Registrar and the city shall not be responsible or liable for
maintaining, :~upervising or reviewing the records maintained by the
Securities Depository, its participants or persons acting through
such participants, (4) refer,_=nces in ~his Resolution to registered
owners of the Bonds shall mean such Securities D,.=.pository or its
n~minee and shall not mean the beneficial owners of the Bonds, and
(5) in the event of any inconsistency between the provi~ions of
tuis Resoluti.~n and the provisions of the above-reterenced Letter
of Representations such provisions of the Letter of Representa-
tions, except to the extent set forth in this paragraph and the
next preceding paragraph, shall control.
-4-
3. Redemption Provisions. Bonds maturing on or before July
15, 2003, are not :~ubject to redemption prior to maturity. Bonds
maturinc3 on or after July 15, 2004., are subject to r~_demption prior
to maturity at the option of the City on or after July 15, 2003, in
whole at any time or in part on any interest payment date, upon
payment of the following redemption prices (express. ed as a
'percentaq'e of principal amcunt ,of bonds to b,-=- redeemed) plus
interest accrued and unpaid to the redemption date:
Period During which Redeemed
__ Both _Date'~ Inclusive
Redemption
P r i ce
July 15, 200.3 to July 14, 2004
July 15, 2004 to July 14, 2005
July 15. 2005 and i-.hereafter
102 %
101
10 0
If less than all of the Bonds are called fo]." redemption, the
Bonds to be redeemed shall be selected by the chief financial
officer of the city in s,~ch manner as he may determine to be in the
best interest of the City,. If less than all the Bonds of a
particular maturity are called for redemption, the Bonds to be
redeemed shall be selected by DTC or any successor securities
depositor~ pursuant to its rules and procedures or, if the book
¢:nt'cy sy:~sem is discontinued, shall, be selected by the Registrar by
lot in such ma~nner as the Registrar in its discYetion may deter~
mine. In either case, (a) the portion of any ~ond to be redeemed
shall be in the principal amount of $5,000 or some integral
mul~=iple thereot and (b) in .~;electing Bonds for redemption, each
Bond sha kl be considered as representing that number of Bonds that
is obtained by dividing the principal amount .Df such Bond by
$5,000. The City shall caus.~ notice of the call for r~demption
identifying the Bonds or portions thereof to be red,-=emed to be sent
ky registered ,Dr certified mail, not less than 30 nor more than 60
days priou to the redemption date, to DTC or its nominee as the
registered owner of the Bonds. The City shall not be re.~:ponsible
for mailing notice of redemption to anyone other than DTC or
another qualified securitie,.; depository or its nominee unless no
qua].ified securities depository is the registered owner of the
Bonds. If no qualified securities depository is the registered
owner of the Bonds, notice o''~ redemption shall be mailed to the
reg]stere¢| owners of the Bonds. If a portion of a Bond is called
for redemption, a new Bond in principal amount equal to the un-
redeemed portion thereof shall be issued to the registered owner
upon the surrender hereof.
4. Exec'utton and ;¥uthentic&tion. The Bonds shall be signed
by the manual or facsimile signature of the Mayor, .~;hall be
countersiqned by the manual or facsimile signature of the Clerk,
and the City'.~; seal shall be affixed thereto or a facsimile thereof
printed thereon. No Bond signed by facsimile signatures shall be
valid until it'. has been authenticated by the manual signature of an
authorized officer or employee of the Registrar and the date of
authentication noted thereon.
-5-
$. Bon4 Form.
fol lowin¢~ form:
The Bonds shall be in sub=utantially the
No. R- $
UNITED STATES OF AMERICA
CO~LMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
General__~_l iga tion Public Improvement Bond, S.e_r_iA,_s of__1.9932
INTEREST RAT]~
MATURITY DATE
DATED DATE CUSIP
April 15, 1993
REOISTERED OWNER:
PRINCIPAL AMOUNT:
DOLLARS
The City of Virginia Beach, Virginia (the "City"), for value
received, promises to pay, upcn surrender hereof, to the registered
owner theceof, or registered assigns or legal representative, the
principal sum stated above on the maturity date stated above, and
to pay interest hereon semiannually on each January 15 and July 15,
beginning January 15, 1994, at the annual rate stated above.
Principal, premium, if any, and interest are payable in lawful
· oney of the United States of America by the city Treasurer, who
bas been appointed paying agent and registrar for the bonds, or at
such bank or trust company as may be appointed as successor paying
age;%t and registrar by the city (the "Registrar").
Notwithstanding any other provision hereof, this bond is
subject to a book-entry system maintained by The Depository Trust
Company ("DTC"), and the payment of principal and interest, the
providing3 of notices and other mat'Zers shall be made as described
in the City's Letter of Representations to DTC.
This bond is one of an issue of $ General Obligation
P'ablic Improw=_ment Bonds, Series o~ 1993A, of like date and tenor,
except as to '~umber, denomination, rate of interest and maturity,
i.~sued pursuant to a resolution adopted by the city council on
April 13, 1993, and 'the Constitution and statutes of the
Commonwealth of Virginia, including the City Charter and the Public
Finance Act o'z' 1991, to finance improvements to the City's school
system.
Bonds maturing on or before July 15, 2003, are not subject to
redemption prior to maturity. Bonds maturing on or after .July 15,
-6-
2004, are subject to redemption prior to maturity at the option of
th~ city on .Dr after July 1!5, 2003, in whole at any time or in part
on any interest payment date, upon payment of the following
redemption prices (expr~ssed as a percentage of prlncipal amount of
bonds to be rede. emed) plus interest accrued and unpaid to the
redemptl¢:n date:
Period During Which Redeemed
~ot_h Dates Inclusiue~
Redemption
Price
Ju].y 15, 2003 to July 14, 20,)4
Ju].y 15, 2004 to July 14, 2005
Ju].y 15, 2005 and thereafter
102 %
101
100
If less than all of the bonds are called for redemption, the
bonds to be redeemed s:hall be selected by the chief financial
officer of the City in such manner as he may determine to be in the
best interest of the City. If less than all the bonds of a
})articular maturity are called for redemption, th,--, bonds within
such maturity to be redeemed shall be selected by DTC or any
successor se;~urities depository pursuant to its rules and proce-
dures or, if the book entry system is discontinued, shall be
selscted by the Registrar by lot in such manner as the Registrar in
its discreti¢~n may determine. In either case, (a) the portion of
any bond ho he redeemed shall be in the principal a~,~'~,unt of $5,000
¢~r some inte(~ral multiple thereof and (b) in selecting bonds for
redemption, each bond shall be considered as representing that
number of bonds that is obtained by dividing the principal amount
of such bond by $5,000. The City shall cause notice of the call
for redemption identifying the bonds or portions thereof to be
redeemed to be sent by registered or certified mai]., not ].ess than
30 nor moCe than 60 days prior to the redemption date, to DTC or
its nominee as the registered owner thereof.
The full faith and credit of the city are irrevocably pledged
for the payment of principal of and premium, if any, and interest
on this bond.
The 9'egi:~trar shall treat the registered owner of this bond as
the person exclusively entitled to payment of principal, of and
interest on this bond and the exercise of all other rights and
pDwers of the owner, except that interest payments shall be made to
t~e persc, n shown as the owner on the first day of the month of each
interest u. ayment date.
Ail acts, conditions and things required by the Cone'titution
and statutes ¢,f the Commonwealth of Virginia to happen, exist or be
performed precedent to and in the issuance of this bond have
happened, ~x[~t and have been performed, and the issue of the bonds
of which this bond is one, together with all other indebtedness of
the City, is within every debt and other limit prescribed by the
Constitution and statutes of the Commonwealth of Virginia.
-7-
IN WIT~E,gS WHEREOF, the City of Virginia Beach, Virginia, has
ca~sed this bond to be signed by its Mayor, to be countersigned by
its Clerk, its seal to be affixed hereto and this bond to be dated
April 15. 1993.
~OUNTER~I~NED~
Clerk, City of Virginia
Beach, Virginia
(SEAL)
Mayor, City of Virginia
Beach, Virginia
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell (s), assign(s)
and transfer(~) unto
[PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:]
(Please print or type name and address, incl'udJ, ng"zip code, of
Transfere~~-)
the within ~ond and all rights thereunder, hereby irrevocably
constituting and appointing
, Attorney, to transfer
sald bond on the books kept f6r th'e' reg{Stration thereof, with full
power of substitution in the premises.
Dated:
Signature Guaranteed
NOTICE: Signature(s) must be
guaranteed by a member firm
of the New Yo~rk Stock
Exchange or a commercial bank
or trust company.
~(Signature of R~.gi~'ered Owner
NOTICE: The signature above
must correspond with the name
of the registered owner as it
appears on the front of this
bond in every particular,
without alteration or
enlargement or any change
whatsoever.
-8-
6. Pledge of Full Faith and Credit. The tull faith and
credit of the City are irrevocably pledged for the payment of the
principat o~ and premium, if any, and intere:-3t on the Bonds.
Unless other funds are lawfully available and appropriated for
timely payment of the Bonds, the City Council shall levy and
collect an snnua] ad valorem tax, over and above a].l other taxes
authorized or limited by law and 'without limitation as to rate or
amount, on ali locally taxable property in the city sufficient to
pay when due the principal of and premium, if any, and interest on
the ~ond~;.
7. ReFistration, Transfer an~ Owners of Bon4s. The City
Treasurer is appointed paying agent and registrar of the Bonds (the
"Registrar"). If no quallfied securities depository is the
registered owner of the. Bonds, the City may appoint a qualified
]Dank or trust company as: successor Registrar. The Registrar shall
maintain registration books for the registration a~%d exchange of
Bonds. Upon presentation and surrender of any Bond to the
Registrar, at its corporate trust office if the Registrar is a bank
or trust company, together with an assignment duly e~:ecuted by the
Fegistered owner or hi:~ d. uly authorized attorney or legal
representative in such fo'nm as shall be satisf.~ctory to the
Registrar, t he City shal 1 execute, and the R~g istrar mhall
authenticate and deliver in exchange, a new Bond or Bonds having an
equal aggreg~te principal amount, in authorized denominations, of
the same form and maturity, bearing interest at the same rate and
registered in the name as requested by the then registered owner
thereof or its duly aut'horized attorney or legal representative.
~ny such exchange shall be at the expense of the C~ty, except that
the Registrar may charg,~_ the person requesting such exchange the
amount o~ any tax or governmental charge required to be paid with
respect thereto.
The Registrar shall treat the registered owner as the person
or entity exclusively entitled to payment of principal and interest
and the ~xercJ~se of ali other rights and powers of the owner,
except thst interest payments shall be made to the per,on or entity
shown as owner on the re. gistration books on the first day of the
month of the interest payment date.
8, sale and Award of Bonds. The City Council approves the
following terms of the sale of the Bonds. The Bonds shall be sold
by negot~ ation with Go ldman, Sachs & Company, PaineWebber
I]3corporated, Lehman Brothers, Davenport & Company of Virginia,
Inc., Craigie Incorporated, Wheat, First Securities, Inc. and Scott
& Stringfellow, Inc. (the "Underwriters") pursuant to a Bond
Purchase agreement between the City Council and the Undecwriters
(the "Bond Purchase Agreement"). The Bond Purchase Agreement shall
be in substantially the form of the Bond Purchase Agreement that
the City executed in connection with its $37,590,000 General
obligation Bonds, Series of 1992. The Bonds shall be sold at such
prices determined to be in the best interest of the City by the
city Manager .~:ubject to the limitations set forth in para¢~raph 1.
-9-
The city council further authorizes the City Manager to determine
thE. maturity schedule of the Bonds. The city Manager is authorized
to execute a Bond Purchase Agreement with the Underwriters, the
execution thereof to constitute evidence of his ap~,roval of such
.~greement, ~nd deliver it to th~ Underwriters. Following the
execution of the Bond Purchase Agreement, the City' Manager shall
file a copy of it with the city Clerk. The actions of the City
Manager in selling the Bonds shall be conclusive, and no further
action shall be necessauy on the part of the City C~:~uncil.
9. Fi]%al Official ~.tatement. After the l~ond Purchase
Agreement has been executed, the City Manager, in collaboration
with the financial advisors, shall make such completions,
(>missions, ~ nsertlons and changes in the Ci tl; '.=., Preliminary
official statement not inconsistent with this Reso[utic, n as are
necessary or desirable to complete it as a final. Official State-
r~ent, execut.%cn thereof by the City Manager to constitute conclu-
sive evidence of his approval of any such completions, omissions,
ins,=.rtions ar.d changes. The city shall arrange for the delivery to
the Underwri~ers of a reasonable number of copies of the final
Official Statement~ within :=even business days after the Bond
Purchase Agr ee~ent has bee]] executed, for deli~;ery to each
potential in%~estor requesting a col)y of the Official Statement and
to each p¢:rson to whom the Underwriters initially s,=_].]_ Bonds. Such
delivery to the Underwriters shall constitute conclusive evidence
that the Official Statement has been deemed final by the city as of
its date ~{ithin the meaning of Rule 15c2-12 of the Securities and
Exchange Corem i ss ion.
10. SN~P Investment Authorization. The city has received and
reviewed the Information Statement dated October 1, 1992 (the
"InformatS. on Statement" ) , d,=_scribing the State Non-Arbitrage
Program of the Commonwealth off virginia ("SNAP") and the Contract
Creating the State Non-Arbitrage Program Pool I (the "Contract"),
and the City has d,atermined to authorize the City Treasurer to
utilize SNAP in connection with the investment of tt~e proceeds of
the Bonds. Th~ City acknowledges that the Treasury Board of the
c~mmonwealth of Virginia is not, and shall not be-, in any way
liable to th~. City in connection with SNAP, except as otherwise
p~ovided in tae Contract.
11. Pre].~aration and Delivery of Bonds. After the Bonds have
been sold, the officers of t~e City are authorized and directed to
take all proper steps to have the Bonds prepared and executed in
accordance with their terms and to deliver the Bonds to the
Underwriter upon payment therefor.
12. ~rb:[trage covenants. The City shall not take or omit to
take any actio~ the taking or omission of which will cause the
Bonds to be "arbitrage bunds" within the meaning of S,~,ction 148 of
the Code and regulations issued pursuant thereto, or otherwise
cause interest on the Bonds to be includable in the gross income of
the registered owners thereof under existing statutes. Without
-10-
limiting the generality of the foregoing, the City shall comply
with any provision of law which may require the City at any time to
rebate to tbs United States any part of the earning:; derived from
the investmeat of the gross proceeds of the Bonds, unless the city
receives an opinion of nationally recognized bond counsel that such
compliance is not required to prevent interest on the Bonds from
~eing includable in the gtc, ss income of the r~gistered owners
-thereof unde~ existing statutes.
13. Non-Arbitrage Certificate and Eleotion:~.. Such officers
of the City as may be reque.<.ted ar,=. hereby authorized and directed
4:0 execute a~ appropriate certificate setting foIth the expected
%~se a~d investment of the proceed:~ of the Bonds in order to show
that such expected use and investment will not violate the
provisions of section 14 8 of the Code and regulations ~ssued
pursuant thereto. Such certificate shall be in such form as may be
requested by bond counsel for the City.
14. Limitation on Private U:~e. The City covenant.=: that it
~:hall not permit the proceeds of the Bonds to be used in any manner
~hat would result in (a) 5% or more of such proceeds beinq used in
~. trade .o~ business carried on by any person other than a govern-
mental unit,, as provided in Section 141(b) of the Code, ~b) 5% or
more of such proceeds being used with respect to any output
~acility (other than a facility for the furnishing of water),
~itttin the neaning of Section 141(b)(4) of the Code, or (c) 5% or
more. of such proceeds being used directly or indirectly to make or
finance loan~ to arty persons other than a governmental unit, as
provided in Section 141(c) o£ the C. ode; provided, however, that if
the C~ty =eceives an opinion cf nationally recognize.4 bond[ counsel
that any such covenants m~-ed not b~ complied with to prevent the
interest on the Bonds from being includable in the gross income for
federal income tax purpose.~ of the registered owners thereof under
exi.~:ting ]aw, the city need not comply with such covenants.
15. Applicable Law. The city elects that th~ Bonds shall be
issued pursuant to the Public Finance Act of 199~, Section 15.1-
2~7.1 et .=:eq. of the Code of Virginia of 1950, as amended.
16. Oth,~r ~ctions. Ail other actions of officers of the city
and the city Council in conformity with the purposes and intent of
this Resolution and in furtherance of the issuance and sale of the
Bonds and the payment and redemption of the Refunded Bond~ are
hereby ratified, approved and confirmed. The officers of the city
are authorized and directed to execute and deliver all certificate~
and instruments and to take all action necessary or de.~irable in
connection with the issuance, sale and delivery of tile Bonds.
17. Rep,~al of Conflicting Resolutions. Ail resolutions or
parts of resolutions, inc;luding the Prior Resolution, in conflict
herewith are hereby repealed.
-ll-
18. Effective Date.
immediately.
This Resolution shall take effect
The undersigned Clerk of the City of Virginia Beach, virginia,
hereby certi~J_es that the foregoing constitutes a true and correct
extract from the minutes of a regular meeting of the City Council
of the City of Virginia Beach, Virginia, held on tl%e 13~h day of
April, 1993, and of the whole thereof so far as applicable to the
matters referred to in such extract.
WITNESS my signature and the seal of the ci~:y of Virginia
Beach, Virginia, ~his da}' of , 1993.
(SEAL)
Clerk, City of Vi~.~nia Beach,
Virginia
.~.ovr~ AS TO LEGAL
-12-
196~ 8C]_~).ol_Bond Referendum=
Tall.wood High School
Landstown Elementary and Middle schools
.:L991 Ch_~_z'ter:
Lar'kspu~ Middle School
Landsto~n Elementary and Middle Schools
Corporate Landing ~ilementary School
Tallwood High School
Ocean Lakes High School
First Colonial High School Improvements
9.2 Char_t_9_~',
Larkspur Middle School
Ocean Lakes High School
First Colonial High School Improvements
Corp,Drat.e Landing Elementary school
TOTAL
795,000
500.000
1,295,000
3,000~000
414,196
3,767,747
378,037
1,000~000
--- 50Q,000
9,060,000
2,735,000
2,735,000
3,765,000
-_-. 410~, OOQ
9,645,000
$20,000,000
Any proceeds not needed for any project ]nay be used for
another school project upon approval by Council by resolution.
-13-
- 10 -
Item III-G.3.
RESOLUTIONS
ITEM #36662
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance authorizing TRANSFER of $40,496.30 from the Economic
Development Investment Program Account to the Development Authority
re reimbursement of costs incurred for various engineering studies
conducted in support of the City's economic development initiatives.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
April 13, 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
AN ORDINANCE AUTHORIZING THE TRANSFER OF
$40,496.30 FROM THE ECONOMIC DEVELOPMENT
INVESTMENT PROGRAM ACCOUNT TO REIMBURSE THE
DEVELOPMENT AUTHORITY FOR VARIOUS ENGINEERING
STUDIES
WHEREAS, the Department of Economic Development in
conjunction with the Virginia Beach Development Authority is
responsible for coordinating Virginia Beach's Economic Development
Program;
WHEREAS, the Council of the City of Virginia Beach has
identified economic development goals of attracting national
companies that provide employment opportunities and add to the
city's tax base;
WHEREAS, the Development Authority has initially incurred
costs from various engineering studies related to specific projects
totaling $40,496.30 which are intended to be reimbursed by the
City;
WHEREAS, the $40,496.30 may be transferred from the
Economic Development Investment Program Account (Project 2-141),
which was approved in the FY 1990-91/1994-95 Capital Improvement
Program to support and enhance the viability of the City's Economic
Development Program and Strategic Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That $40,496.30 be transferred from the Economic
Development Investment Program Account to the Virginia Beach
Development Authority to reimburse the Authority for costs incurred
as a result of various engineering studies conducted by the
Authority in support of the City's economic development
initiatives.
Adopted by the Council of the City of Virginia Beach,
day of April
Virginia, on the 13
CA-4848
ORDIN\NONCODE\REIMBURS. ORD
R-3
03/10/93
Approved as to content:~ _~_~~_~~
, 1993.
APPROVED AS TO
LEGAL S;-iFFJO~ENCY'
;
- 11 -
Item III-H. 1.
CONSENT AGENDA
ITEM #36663
Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessoms, City Council APPROVED in
ONE MOTION Items 1, 2 and 3 of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
April 13, 1993
- 12 -
Item III-H. 1.
CONSENT AGENDA
ITEM 1136664
Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessorns, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $13,278 Grant from the
State Office of Emergency Medical Services, Rescue Squad Assistance
Fund ~o-for-Life Program) to the General Fund re purchasing
Emergency Medical Services (EMS) equipment/supplies and providing
training.
Voting: 10-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D.
Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
April 13, 1993
AN ORDINANCE TO ACCEPT AND APPROPRIATE A $13,278 GRANT FROM THE STATE
OFFICE OF EMERGENCY MEDICAL SERVICES, RESCUE SQUAD ASSISTANCE FUND
TO THE CITY OF VIRGINIA BEACH GENERAL FUND FOR THE PURPOSE OF PURCHASING
VARIOUS EMERGENCY MEDICAL SERVICES EQUIPMENT AND SUPPLIES TO ENHANCE SERVICES
WHEREAS, the General Assembly estabhshed the Two-for-L,fe Program under the purv,ew of
the State Department of Health for the purpose of prov,d~ng flnanc,al ass,stance to volunteer rescue
squads for enhancements to serwces and equipment as required by V~rg~ma Code 46.2-694;
WHEREAS, the Two-for-L~fe Program collects two additional dollars on each state automobde
hcense purchased annually, of which 25% ~s returned to Iocalmes annually;
10
11
12
WHEREAS, the anticipated amount of revenue ,s prowded to the C,ty of V~rg~ma Beach's
Department of Emergency Medmal Serv,ces (EMS) m September of each year, and ~s payable ,n
February of the following year;
13
14
WHEREAS, ~n February, 1993, EMS received an additional $13,278 above the September,
1992 estimate for use for above-current equipment and supphes which wdl not require C~ty funds;
15
16
17
WHEREAS, EMS would hke the C~ty of V~rg~ma Beach to accept and appropriate these
additional State grant funds for the purchase of a portable generator for the Creeds Volunteer Rescue
Squad, a,rway equipment for first responder vehmles and tram,rig suppl,es.
18
19
20
21
2.2.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, to accept and appropriate $13,278 from the State Office of Emergency Med,cal Serv,ces,
Rescue Squad Assistance Fund to the General Fund for the purpose of purchasing a portable generator
for the Creeds Volunteer Rescue Squad, a~rway equipment for first responder vehmles and training
supphes.
2.3
2.4
BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
to increase Estimated State revenue by $13,278.00.
2.5
2.6
?.8
?.9
30
Th~s ordinance shall be effective from the date of ~ts adopt,on.
Adopted by the Councd of the C~ty of V,rg~ma Beach, V~rg~ma on the ~[3th
day of Aprzl ,1993.
APPROVED AS TO CONTENT
DEPARTMENT OF MANAGEMENT AND BUDGET
APPROVED AS TO
·
c \budget\f¥92-93\em24hf ord vol 27 sgh March 19, 1993 12 15
- 13 -
Item III-H.2.
CONSENT AGENDA
ITEM #36665
Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessorns, City Council ADOPTED:
Ordinance authorizing tax refunds in the amount of $25,801.99 upon
application of certain persons and upon certification of the City
Treasurer for payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor William D.
Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
April 13, 1993
FO,M,O C ^ 7 3/12/93 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
That the following applications for tax refunds upon certification of the Treasurer are hereby approved.
Tax Type T~cket Exonera- Date Penalty Int.
NAME Year of Tax Number tion No. Paid
Total
Cecil G Moore
Ameribanc Savings Bank
Economos Moore Associates
I H Associates
Earl T Hayden etux
Aragona Enterprises Inc
Aragona Enterprises Inc
NationsBank Trust
Finley Sam Inc
Lomas Mortgage USA
Michael & Winifred Marquart
Murray A & Cathy T Hess
Murray A & Cathy T Hess
Murray A & Cathy T Hess
Murray A & Cathy T Hess
Murray A & Cathy T Hess
Murray A & Cathy T Hess
Principal Mutual Life Ins Co
Principal Mutual Life Ins Co
Principal Mutual Life Ins Co
Principal Mutual
Principal Mutual
Principal Mutual
Principal Mutual
Principal Mutual
Principal Mutual
Principal Mutual
Principal Mutual
Life Ins Co
Life Ins Co
Life Ins Co
Life Ins Co
Life Ins Co
Life Ins Co
Life Ins Co
Life Ins Co
Principal Mutual Life Ins Co
Principal Mutual Life Ins Co
Principal Mutual Life Ins Co
Theodore Morings
Theodore Morings
Theodore Morings
93 RE(l/2) 39187-1 10/27/92
93 RE(l/2) 60572-0 11/24/92
93 RE(1/2) 33117-9 12/5/92
93 RE(l/2) 56055-4 12/5/92
93 RE(l/2) 50042-3 11/18/92
93 RE(l/2) 2984-4 12/5/92
93 RE(l/2) 2983-5 12/5/92
93 RE( 1/2 ) 75958-2 12/3/92
93 RE(l/2) 36913-8 11/30/92
93 RE(l/2) 126701-3 12/5/92
92 RE(2/2) 71582-6 2/24/93
92 RE(l/2) 51041-3 11/20/91
92 RE(2/2) 51041-3 6/5/92
91 RE(l/2) 50681-1 11/26/90
91 RE(2/2) 50681-1 5/23/91
90 RE(l/2) 49846-6 12/5/89
90 RE(2/2) 49846-6 5/21/90
93 RE(l/2) 91724-2 12/5/92
92 RE(l/2) 90900-1 11/25/91
92 RE(2/2) 90900-1 5/29/92
91 RE(l/2) 90394-5 12/5/90
91 RE(2/2) 90394-5 6/5/91
90 RE(l/2) 89708-9 12/5/89
90 RE(2/2) 89708-9 6/5/90
93 RE(l/2) 67204-1 12/5/92
92 RE(l/2) 66399-9 11/25/91
92 RE(2/2) 66399-9 5/29/92
91 RE(l/2) 65796-1 12/5/90
91 RE(2/2) 65796-1 6/5/91
90 RE(l/2) 64666-2 12/5/89
90 RE(2/2) 64666-2 6/5/90
93 RE ( 1/2 ) 81646-8 12/2/92
93 RE(l/2) 81647-7 12/2/92
92 RE(2/2) 80813-8 6/3/92
11.46
163.82
1,834.31
3,642.24
19.07
1,245.96
14,251.90
40.88
488.64
67.36
443.92
16.35
16.35
15.48
15.48
14.65
14.65
66.09
66.09
66.09
62.57
62.57
54.60
54.60
64.06
64.06
64.06
60.65
60.65
52.79
52.79
20.93
6.87
2.40
Total
23,184.39
Th~s ordinance shall be effective from date of adoption.
The above abatement(s) totaling
~?~ ~/. ~Q were approved by
th~~,'l'~f~ the C,ty of Virginia
Beach on the...~_3day of Apz-~l, ;[9.93
Ruth Hodges Smith
C~ty Clerk
~'f ~~d as to I~ay.~s~nt;
Joi~n, ¥. A~tkins~n, ~reasurer
\)
Approved as to form.
~ORM,O C ^ 7 3/22/93 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA'
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
Tax Type Ticket Exonera- Date Penalty Int.
NAME Year of Tax Number tion No. Paid
Total
Martha B Giovanelli 93
Essex Mortgage Corp 93
Thomas E & Florence Blais 93
Bobby H & Josephine Mallard 93
Thomas Jr & Virginia Cosgrove 93
Barry R White 93
National City Mortgage Co 92
National City Mortgage Co 92
RE(l/2) 42876-1 12/3/92 106.82
RE(l/2) 4977-9 11/24/92 1,224.99
RE(l/2) 9965-2 3/2/93 98.48
RE(l/2) 71603-0 3/2/93 29.41
RE(l/2) 24302-3 3/4/93 167.59
RE(l/2) 127858-2 3/3/93 72.75
RE(l/2) 86033-9 11/26/91 458.78
RE(2/2) 86033-9 6/5/92 458.78
Total
2,617.60
Th~s ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$2,617.60 were approved by
the Council of theo_ City of Virginia
Beach on the- 1°_day of
April,
Ruth Hodges Smith
City Clerk
Cert
·
John R. /-~lKirlson, l reasurer
Approved as to form'
Leshe L. L, lley] C,~-~
- 14 -
Item III-H.$.
CONSENT AGENDA
ITEM #36666
Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessorns, City Council ADOPTED:
Ordinance authorizing license refunds in the amount of $5,849.57 upon
application of certain persons and upon certification of the
Commissioner of the Revenue.
Voting: 10-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D
Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
April 13, 1993
FORId NO C.A. 8 REV 3/86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
That the following applicabons for license refunds, upon cerbhcatlon of the Comm~smoner of the
Revenue are hereby approved:
L~cense Date
NAME Year Prod Base Penalty Int.
Total
Helms, James
T/A Rosemont Shell
937 Bingham Street
Virginia Beach, VA
23451
1992 A,~it 752.07
Landscape ~anagement Inc
T/A Same
P.O. Box 7157
Virginia Beach, VA 23457
1991 A~it 756.87
Facthrift Office Furniture Inc
T/A Same 1992
P.O. Box 49009
Greensboro, NC 27419
A,~t 2,2~7.62
752.07
7 .87
2,247.62
Th~s ordinance shall be effecbve from date of
adoption
The above abatement(s) totaling $ 3,756.
of the C~ty of V~rg~ma Beach on the 13 day of
Cerbhed as to Payment
Robert P Vaughan (/'..~J
Comm~smoner of the Revenue
Approved as to form
L"~,e L L,,e~~~
C~ty Attorney
were approved by the Council
April , 19 93
Ruth Hodges Smith
C,ty Clerk
FORM NO C.A. 6REV ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certficat~on of the Comm~ss;oner of the
,.
Revenue are hereby approved:
L~cense Date
NAME Year Prod Base Penalty Int.
Total
Baby Super-stores I_nc
T/A Same
P.O. Box 25159
Greenv~ ] ] e, SC 29616
Bennett, Frank E
T/A Same
617 Carolina Avenue
Virginia Beach, VA
T/A Same
50~J+ C1 i ffony Drive
Virginia Beach, VA
1991 Audi t 80.65
23~+51
1992 Audit 48.67
792.60
80.65
/ .67
Th~s ordinance shall be effechve from date of
adoption.
The above abatement(s) totahng $ 921.92
of the C~ty of V~rg~ma Beach on the 13 day of
Certhed as to Payment
Robert P Vaughan ~
Comm~smoner of the Revenue
Approved as to form
Les~ L L, Ile~
C~ty Attorney
were approved by the Counc,I
April , 19 ~
93
Ruth Hedges Sm,th
Cfly Clerk
FO~ld NO C.A. 8 REV 3~6
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following apphcations for license refunds, upon certification of the Comm~smoner of the
Revenue are hereby approved:
L~cense Date
NAME Year Pa~d Base Penalty Int.
Total
Brown, Jane R
T/A B & B Keyboard Center
1336 Five Point Road
Virginia Beach, VA 2345/+
C & L Automotive Repair Inc
T/A Same
P.O. Box 9853
Virginia Beach, VA 23/+50
China Chef E~press Corp
T/A Same
917 Roundtable Court
Virginia Beach, VA 23/+(~
1992 Audit 33.00
198%92 Audit 169.11
1991-92 Audit 10.85
33.00
169.11
10.85
Th~s ordinance shall be effecbve from date of
adopbon
The above abatement(s) totaling $ 212.(:~
13
of the C~ty of V~rgln~a Beach on the day of
Cerbhed as to Payment
Robert P Vaughan ~
Comm~smoner of the Revenue
Approved as to form
C~ty Attorney ~'
were approved by the Council
April
,~9
93
Ruth Hodges Smflh
C~ty Clerk
FO~M NO C~. 8 AE~ ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following apphcabons for license refunds, upon certlhcat~on of the Comm~smoner of the
Revenue are hereby approved:
NAME License Date
Year Prod Base Penalty Int
Total
Mattresses & More
T/A Same
357 Edwin Drive
Virginia Beach, VA
23/+62
Miller, William E III
T/A Same
700 Yorkshire Trail
Chesapeake, VA 23320
~Azlt~ Therapy Clinic PC
T/A Same
6330 Newtown Road # 625
Norfolk, VA 23502
1991 A. dit 208.18
1991-92 A~tit 108.63
1991-92 Audi t 174.52
208.'!8
108.63
1%.52
Th~s ordinance shall be effecbve from date of
adoption
The above abatement(s) totahng $ 4(~I--. 33
].3
of the C~ty of V~rgm~a Beach on the day of
Cert~hed as to Payment
~"Robert P Vaugl~n
Comm~smoner of the Revenue
Approved as to form
Le"'~e L/L, Iley- "' /- -7
C~ty Attorney
were approved by the Council
April , 19 ~
93
Ruth Hodges Smith
C~ty Clerk
FORM NO C.A. 8 REV 3~86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
That the following apphcatlons for license refunds, upon cerbhcat~on of the Comm~smoner of the
Revenue are hereby approved.
bcense Date Base Penalty Int.
NAME Year Paid
Total
Roller Sports Plus Inc
T/^ Sa e
c/o Michael E. West
2~65 Huckleber~ Trail
Virgirtia Beach, VA 23~56
1991 Audit 90. O0
Tire Centers Inc 1991
T/^ Same
Akron, OH
A,~tit 3?6.80
376.80
Th~s ordinance shall be effecbve from date of
adoption
The above abatement(s) totaling $
of the C~ty of Vlrg,n~a Beach on the 13 day of
Certlhed as to Payment
~--l~bert P Vaughan z/
Comm,ssloner of the ~evenue
Approved as to form
(Et~ e~ L L,Iley
C~ty Attorney
were approved by the Councd
April ,1993
Ruth Hodges Smith
C~ty Clerk
- 15 -
Item III-L
PUBLIC HEARING
ITEM 1136667
Mayor Meyera E. Oberndorf DECIJIRED a PUBLIC HEARING on:
PLANNING BY CONSENT
.
(a) P. A. ONE OF FLORIDA, INC.
CONDITIONAL USE PERMIT
(b) WARNER A THE Y
CONDITIONAL USE PERMIT
(c) FLOODPLAIN REGULATIONS
(d) THE SPORTS AUTHORITY, INC.
AMEND/REORDAIN
CZO -Sects. 111, 238, 240,
1201, 1202, 1204, 1205 and
ADDING Sect. 1206
Site Plan Ordinance - Sec. 4
VA CA TE UTHJTY EASEMENT
2. PLANNING
(a) JESSE FRANKLIN JACKSON III
AMENDM~dVT TO GREEN RUN
LAND USE PLAN
(b) KENNETH DOUGLAS WILKINS
CONDITIONAL USE PERMIT
(c) ROBERT O. AND DOROTHY G. SYKES AND GAlL G. WATTS CHANGE OF ZONING
AND
SHURGARD GENERAL PARTNERS, INC.
CONDITIONAL USE PERMIT
(d) CH & B
AND
DRA GAS COMPANIES
AMENDMENT to BRENNEMAN
FARM LAND USE PLAN
CHANGE OF ZONING
(e) HAl/, INC.
VARIANCE
April 13, 1993
- 16 -
Item III-L
PUBLIC IIEARING
ITEM #36668
PLANNING BY CONSENT
Upon motion by Council Lady Parker, seconded by Vice Mayor Sessorns, City Council APPROVED in
ONE MOTION Items 1. a., b, c. and d. of the PLANNING BY CONSENT agenda.
Voting: 10-0
Council Members Voting Aye:
John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W..
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D.
Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
April 13, 1993
-17-
Item III-I.l.a.
PUBLIC HEARING
ITEM #36669
PLANNING BY CONSENT
Upon motion by Council Lady Parker, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of P. A. ONE OF FLORIDA, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF P. A. ONE OF FLORIDA, INC.,
FOR A CONDITIONAL USE PERMIT FOR ANAUTOMOTIVE REPAIR
ESTABLISHMENT R04931811
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINM
Ordinance upon application of Pall. One of Florida, Inc., for a
Conditional Use Permit for an automotive repair establishment on the
west side of Lynnhaven Parkway, 780 feet more or less northeast of
Holland Road. Said parcel contains 22, 476.96 square feet. PRINCESS
ANNE BOROUGH.
The following conditions shall be required:
1. No outside storage of automobile parts will be allowed.
.
No outside storage of vehicles will be permitted outside of
normal business hours.
As shown on the submitted site plan, no curb cuts will be
allowed on Lynnhaven Parkway. Cross access easements for
properties located at the east and west must be noted during
detailed site plan review. Cross access easements must be
recorded with the Clerk of the Circuit Court.
Best Management practices for controlling stormwater runoff
reasonably applicable to the development of the site must be
shown at detailed site plan review.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of April. Nineteen
Hundred and Ninety-Three.
April 13, 1993
- 18 -
Item III-Ll.a.
PUBLIC HEARING
ITEM #$6669 (Continued)
PLANNING BY CONSENT
Voting: 10-0
Council Members Voting Aye:
John A. Baton, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert lC Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndoff, Nancy lC Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
April 13, 1993
STATEMENT OF CONSENT
APPLICANT:
P. A. ONE OF FLORIDA, INC.
APPLICATION:
Conditional Use Permit -
Lynnhaven Parkway/Holland Road
(Princess Anne Borough)
DESCRIPTION:
Automotive repair establishment
CITY COUNCIL SESSION:
April 13, 1993
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO
THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY
APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
.
,
,
,
No outside storage of automobile parts will be allowed.
No outside storage of vehicles will be permitted outside of normal
business hours.
As shown on the submitted site plan, no curb cuts will be allowed
on Lynnhaven Parkway. Cross access easements for properties
located at the East and West must be noted during detailed site
plan review. Cross access easements must be recorded with the
Clerk of Circuit Court.
Best Management Practices for controlling stormwater runoff
reasonably applicable to the development of the site must be
shown at detailed site plan review.
Owner
- 19 -
Item II[-I.l.b.
PUBLIC HEARING
ITEM #36670
PLANNING BY CONSENT
Upon motion by Council Lady Parker, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of WARNER ATHEY for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WARNER ATHEY FOR A
CONDITIONAL USE PERMIT FOR A COMMERCIAL MARINA
(REPAIR TO EXISTING PIER) R04931812
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Warner Athey for a Conditional Use
Permit for a commercial marina (repair to walkway to existing pier) on
the south side of Vista Circle in its eastern terminus. Said parcel is
located on 2133 Vista Circle. LYNNHAVEN BOROUGH.
The following conditions shall be required:
,
2.
,
Only the walkway construction, as built, is approved with this
request.
The old walkway and pilings shall be removed and disposed of
in a lawful manner.
The applicant is required to obtain an encroachment for that
portion of the walkway constructed onto the adjacent City
owned property.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of April, Nineteen
Hundred and Ninety-Three.
April 13, 1993
Item III-I.l.b.
PUBLIC HEARING
ITEM 1136670 (Continued)
PLANNING BY CONSENT
Voting: 10-0
Council Members Voting Aye:
John A. Bautn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R~ Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor William D.
Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
April 13, 1993
STATEMENT OF CONSENT
APPLICANT:
WARNER ATHEY
APPLICATION:
DESCRIPTION:
CITY COUNCIL SESSION:
Conditional Use Permit -
Vista Circle
(Lynnhaven Borough)
Commercial marina/repair to walkway to existing pier)
April 13, 1993
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO
THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY
APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
.
.
.
Only the walkway construction, as built, is approved with this
request.
The old walkway and pilings shall be removed and disposed of in
a lawful manner.
The applicant is required to obtain an encroachment for that portion
of the walkway constructed onto the adjacent City owned property.
gent
Date: z-/~-/
Owner
- 21 -
Item llI-I.l.c.
PUBLIC HEARING
ITEM #36671
PLANNING BY CONSENT
Upon motion by Council Lady Parker, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Ordinances to AMEND and REORDAIN the Floodplain Regulations:
Sections 111, 238, 240, 1201, 1202, 1204, 1205; and, ADDING
Section 1206 of the City Zoning Ordinance.
Section 4 of the Site Plan Ordinance
Voting: 10-0
Council Members Voting Aye:
John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
April 13, 1993
, k
, APPRO'VF.D AS, TO cONTENTS
DtPARTME I',1 [
APPROVED AS 'TO LEGAl.
SECTIONS 111, 238, 240, 1201, 1202, ' '
1204, AND 1205 AND TO ADD A NEW
SECTION 1206 OF TIIE CITY ZONING
ORDINANCE, PERTAINING TO FLOODPLAIN
REGULATIONS
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Sections 111, 238, 240, 1201, 1202, 1204, and 1205
of the city Zoning Ordinance are hereby amended and reordained, and
a new Section 1206 of the city Zoning Ordinance is added, and shall
read as follows:
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Sec. 111. Definitions.
Flood Insurance Study. The flood insurance study for the city
of Virginia Beach prepared by the United States Federal Emerqenc¥
Management Aqencv (FEMA). dated August 18, 1992, ~Bd subsequent
revisions.
Floodplain. That land adjoining a river, stream, watercourse,
ocean, bay, or lake, which is subject to inundation. Floodplains
shall be determined as the land situated below the elevation of:
(a) That recorded by the maximum elevation of the flood water
of record;
(b) The intermediate flood level as determined by the U.S.
Army Corps of Engineers; or
(c) The flood level as determined by the department of public
works, whichever is greater.
Any changes in the delineation of the intermediate flood level are
subject to approval by the federal insurance administrator.
A "floodplain" 4~ed into two (2) areas may include one or
more of the followinq components:
(1) Floodway· A natural watercourse with definite bed and
banks to confine and conduct flood flows m~
bank~ fo~m--%hc divi~ineJ--l-i~es between th~o~wa~
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%he flood fringc. Floodway lines must be established in
such a manner that some loss of storage and hydraulic
conveyance attributable to guiding future development
outside the floodway will not increase flood heights more
than applicable regulatory standards. Pending floodway
delineations from a storm drainage master plan, minimum
natural floodways shall be identified by the city soil
scientist. As a minimum, the floodway is as shown in the
Flood Insurance Study and accompanying m~ps.
(2) Flood fringe. The relatively flat area or low lands
adjoining a floodway which has been or may infrequently
be covered by flood water.
(3) ~pproximated floodplain. The area for which no detailed
flood profiles or elevations are provided, but where a
one hundred-year floodplain boundary has been
approximated.
(4) Coastal high hazard area. An area of special flood
hazard extendinq from offshore to the inland limit of a
coastal primary sand dune along an open coast and any
other area subject to high velocity wave action from
storm or seismic sources. As a minimum, the coastal hiqh
hazard areas are identified as V zones in the Flood
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Insurance Study and accompanying maps.
· · ·
Substantial damage. Damage from any cause sustained by
a structure as a result of which the cost of restoring such
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structure to its pre-damaqed condition equals or exceeds fifty (50)
percent of its market value prior to the occurrence of such damage.
Sec. 238. Mobile homes.
(I) Mobile home parks shall be subject to the following
conditions:
(a) Minimum allowances. In districts where allowable,
minimum area for a mobile home park shall be
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twenty-five (25) acres. Streets, other than alleys
and service entrances used for general vehicular
entrances, and exits shall be sixty (60) feet; for
portions containing lots for buildings generally
open to occupants, minimum front yard dimension
shall be two hundred (200) feet. Minimum number of
lots completed and ready for occupancy before first
rentals are permitted shall be one hundred (100).
(b) Tract. The mobile home park shall comprise a
single tract except where divided by public streets
or alleys or where the total tract includes
separate parcels for necessary utility plants,
maintenance or storage facilities with appropriate
access to the park. All lands involved shall be so
dimensioned and related as to facilitate efficient
design and management. Density shall not exceed
seven (7) un its per gross acre. THc following
~h~ll ..... ~~" to ~Any mobile home park located in a
floodplain '
ist' ng msbil
~ ~ .... n~ of thc value
,
shall also be subject to the provisions of Article
12 of this ordinance. For purposes of floodplain
manaqement, the terms "mobile home" "mobile home
park" and "mobile home subdivision" shall have the
same definitions as the terms "manufactured home"
and "manufactured home park or subdivision",
respectively, set forth in Section 1201 of this
ordinance.
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f'
hauler shall bc
~~atioms ~h
than ten (lO) fcet
· (5) feet abovc thc ground level.
(c) Permitted principal uses and structures are as
follows:
(1) One-family detached mobile homes;
( 2 ) Parks, playgrounds, community centers, and
noncommercial recreational facilities, such as
golf courses, shuffleboard ~ourts, swimming
pools, tennis courts, marinas, gamerooms,
libraries, and the like;
(3) Structures and uses required for operation of
a public utility, performance of a government
function, or performance of any function
necessary for the construction, operation or
maintenance of the mobile home park.
(d) Permitted accessory uses and structures. Uses and
structures which are customarily accessory and
clearly i~cidental and subordinate to permitted
principal uses and structures, including approved
storage facilities.
(e) Permissible uses and structures. In addition to
principal and accessory uses and structures
permitted by right, as indicated above, facilities
planned for development as part of the district and
serving needs not otherwise served in the general
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area may be permitted by city council as part of
the MH-Park provided:
(1) That such facilities include only service,
commercial and office uses intended primarily
to serve the needs of persons in the MH-Park;
(2) Are of a nature permitted in the B-1
Rc~Id~..t~l District and
Neighborhood Business ' ~- ~
conform to the requirements of that district
for such uses;
(3) Are designed and located to protect the
character of the district and surrounding
residential districts; and
(4) Shall occupy in total not more than five (5)
percent of the land area of the district.
(f) No sales lots for mobile homes or other moveable
dwellings or component modulars shall be permitted
in any such district.
(g) Off-street parking requirements. At least two (2)
off-street parking spaces shall be provided for
each dwelling unit. Such spaces need not be
located on lots occupied by such dwelling units,
but at least one (1) such space shall be reserved
for and shall be located within one hundred (100)
feet of the entrance of the dwelling unit by normal
pedestrian routes.
(h) Recreational facilities. Not less than ten (10)
percent of the total area of any mobile home park
established under these regulations shall be
devoted to common recreational areas and
facilities, such as playgrounds, swimming pools and
community buildings. Where only one (1)
recreational area is provided, it shall be in a
central location conveniently accessible to all
dwellings. In larger parks, decentralized
facilities may be provided. No central recreation
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area shall be credited toward meeting these
requirements unless it contains at least thirty
thousand (30,000) square feet. Recreational areas
shall be so located, designed and provided as to
minimize traffic hazards to users and adverse
effects on surrounding residential uses.
(II) Shelter for farm employees shall be subject to the
following conditions:
(a) They shall be located on land otherwise used for
agricultural purposes.
(b) They shall not exceed ten (10) per farming
business, even if all parcels of land involved in
such business are not contiguous.
(c) They shall be allowed only with farming business
involving at least one hundred (100) contiguous
acres under the same ownership.
(d) They shall be removed from the land at such time as
the farming business ceases to comply with the
conditions set forth herein.
(e) No such unit, excluding the first unit, shall be
located closer than five hundred (500) feet from a
public street.
(f) There shall be at least twenty (20) feet distance
between each unit.
(g) Quarterly inspections shall be conducted by
appropriate city inspections agencies pertaining to
minimum housing, health, zoning and fire. Each
unit shall be on an individual site of at least one
(1) acre in area and at least one hundred fifty
(150) feet in width. Determination of dimensions
shall be in accordance with section 200 of this
ordinance.
(h) The property owner shall submit an affidavit to the
department of planning within the first ten (10)
days of each calendar year assuring that the
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residents of each shelter for farm employees on his
property are bona fide farm employees and their
families.
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Sec. 240. Recreational campgrounds.
Recreational campgrounds shall be subject to the
following conditions:
(a) Physical character of site. Condition of soil,
groundwater level, drainage and topography shall
not create hazards to the property or the health or
safety of the occupants. The site shall not be
exposed to objectionable smoke, noise, odors, or
other adverse influences, and no portion subject to
unpredictable and/or sudden flooding, subsidence or
erosion shall be used for any purpose which would
expose persons or property to hazards.
Recreational campgrounds located within floodplains
shall also be subject to the provisions of Article
12 of this ordinance.
(b) Location and access. No recreational campground
shall be created in any location unless it is
served by roads so located and improved as to
assure safe access during periods of operation.
(c) Permitted principal uses and structures are as
follows:
(1) Uses of transportable recreational housing,
other than for permanent occupancy as dwelling
units, except as specified in subsection (d),
provided that storage of unoccupied units not
in a condition for safe occupancy and sale of
units shall be prohibited. It shall be the
responsibility of the recreational campground
operator to enforce the provisions of this
subdivision.
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(2) Structures and uses required for the
operation, maintenance and management of the
recreational campground.
(d) Permitted accessory uses and structures. Includes
uses and structures customarily accessory and
clearly incidental and subordinate to permitted
uses and structures, including permanent mobile
homes with a maximum of one mobile home per one
hundred fifty (150) recreational campground spaces,
not to exceed five (5) mobile homes, for the
specific purpose of occupancy of employees
operating and maintaining the recreational
campground. Private sewage treatment facilities
shall not be permitted except by conditional use
permit.
(e) Permissible uses and structures. In addition to
principal and accessory uses and structures
permitted by right, facilities planned for
development as part of the district and promoting
the comfort, convenience or enjoyment of campers
within the district may be permitted by the
governing body subject to limitations and
requirements stated below in particular, and to
such additional conditions and safeguards as may be
established by the governing body as appropriate to
the circumstances of the particular district and
its relation to surrounding property. Such
facilities include the following:
(1) Recreational campground convenience
establishments. Establishments for the sale
or rental of supplies or for provision of
services, for satisfaction of daily or
frequent needs of campers, within the district
may be permitted. Such establishments include
those providing groceries, ice, sundries,
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bait, fishing equipment, self-service laundry
equipment and the like but not sale of
gasoline to automobiles. Such establishments
shall be designed to serve only the needs of
campers within the campground, but shall not,
including their parking areas, occupy more
than two (2) percent of the area of the
campground and shall not be so located as to
attract patronage from outside the grounds,
nor to have adverse effects on surrounding
land uses.
(2) Marinas, launching ramps. Marinas, launching
ramps and the like may be permitted when
appropriate to the character and location of
the campground, provided that such
installations shall not provide facilities for
long term storage of boats other than those
rented in connection with the campground
operation, or for major repair or overhaul of
boats. Requirements and restrictions applied
in particular cases may include limitations on
hours and manner of operation, requirements
for appropriate parking space for boat
trailers, and the like.
(f) Minimum dimensional requirements:
(1) Minimum area for creation of a recreational
campground shall be twenty-five (25) acres.
At the opening of any recreational campground
for occupancy by units, all required
facilities and improvements shall have been
completed, and the minimum number of spaces
available and ready for occupancy shall be
fifty (50). Maximum density in recreational
campgrounds shall not exceed twelve (12)
spaces per acre. Signs shall be as allowed in
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the district where the use is first permitted
as a conditional use.
(2) Recreation area. Not less than eight (8)
percent of the area of the recreational
campground shall be devoted to recreation
area. Such recreation area may include space
for common walkways and related landscaping in
block interiors provided that such common open
space is at least twenty (20) feet in width,
as passive recreation space, but shall include
at least half of the total required
recreational area in facilities for active
recreation, such as swimming pools or beaches,
ballfields, shuffleboard courts, play lots for
small children and the like, of a nature so
designed to serve the type of campers
anticipated and so located as to be readily
available from all spaces and free from
traffic hazards.
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ARTICLE 12. FLOODPLAIN REGULATIONS
Sec. 1200. Legislative intent. The purpose of this article is to
establish and identify those areas to be known as the floodplain
and which would be subject to special regulations. These
regulations are intended to implement a policy of protecting the
natural floodplains in the city by requiring that any filling
operations taking place maintain the same flood storage capability
and storm water flow characteristics as those that naturally exist.
The purpose of establishing such areas is to protect life and
property, to reduce public costs for flood control, rescue and
relief efforts, and construction and maintenance of manmade
drainage facilities, to preserve the highest possible level of
water quality in the waterways of the area, and to support and
conform to the National Flood Insurance Program.
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Seo. 1201. Definitions.
For the purpose of this article, the following terms
shall be defined as herein indicated:
Basement· Any area of the building having its floor
below ground level on all sides.
~.~-&~ ~ zone VI-B0.
Coastal primary sand dune. A mound of unconsolidated
sandy soil which is contiguous to mean high water, whose landward
and lateral limits are marked by a change in grade from ten
percent or greater to less than ten (10) percent, and upon any part
of which is growing on July 1, 1980, or grows thereon subsequent
thereto, any one or more the following: American beach grass
(Ammophilla breviliqulata); beach heather (Hudsonia tometosa); dune
bean (Strophostylis umbellata var, paludigena); dusty miller
(Artemisia stelleriana); salt-meadow hay (Spartina patens);
se&beach sandwort (Arenaria peploides); sea oats (Uniola
paniculata); sea rocket (Cakile edentula); seaside goldenrod
(Solid&go sempervirens); and short dune grass (Panicum ar&rum),
"Coastal primary sand dune" shall not include any mound of sand,
sandy soil, or dredge soil which has been deposited by man for the
p~rpose of the temporary storage of such material for later use.
Flood· A general and temporary condition of partial or
complete inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters~i
(b) The unusual and rapid accumulation of runoff or
surface waters from any source~; or
(c) Mudslides (i.e., mudflows) which are proximately
caused or precipitated by accumulations of water on
or under the ground. The collapse or subsidence of
land along the shore of a lake or other body of
water as a result of erosion or undermining caused
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by waves or currents of water exceeding anticipated
cyclical levels or suddenly caused by an unusually
high water level in a natural body of water,
accompanied by a severe storm, or by an
unanticipated force of nature, such as flash flood
or an abnormal tidal surge, or by some similarly
unusual and unforeseeable event which results in
flooding as defined in (a) of this section.
Floodplain. That land area adjoining a river, stream,
watercourse, ocean, bay, or lake, which is subject to inundation.
Floodplains shall be determined as the land situated below the
elevation of:
(a) That recorded by the maximum elevation of the flood
water of record;
(b) The intermediate flood level as determined by the
U. S. Army Corps of Engineers; or
(c) The flood level as determined by the department of
public works, whichever is greater.
Any changes in the delineation of the intermediate flood level are
subject to approval by the federal insurance administrator.
A "floodplain"~ ~"~^~.~ ~.i~v~ ~.v .... (2)~~ may include
one or more of the following cQ~ponents:
(1) Floodway. A natural watercourse with definite bed
and banks to confine and conduct flood flows. ~he
~hc floodway a~d thc flood fringe. Floodway lines
must be established in such a manner that some loss
of storage and hydraulic conveyance attributable to
guiding future development outside the floodway
will not increase flood heights more than
applicable regulatory standards. Pending floodway
delineations from a storm drainage master plan,
minimum natural floodways shall be identified by
the city soil scientist. As a minimum, the
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floodway is as shown in the Flood Insurance Study
and accompanying maps~.
(2) Flood fringe. The relatively flat area or low
lands adjoining a floodway which has been or may
infrequently be covered by flood water.
(3) Approximated floodplain. The area for which no
detailed flood profiles or elevations are provided,
but where a one hundred-year floodplain boundary
has been approximated.
(4) Coastal high hazard area. An area of special flood
hazard extending from offshore to the inland limit
of a coastal primary sand dune along an open coast
and any other area subject to high velocity wave
action from storm or seismic sources. As a
minimum, the coastal high hazard areas are
identified as V zones in the Flood Insurance Study
and accompanying maps.
Lowest floor. The lowest floor of the lowest enclosed
area (including basement). An unfinished or flood-resistant
enclosure, usable solely for parking of vehicles, building access
or storage, in an area other than a basement area, is not
considered a building's lowest floor, provided that such enclosure
is not built so as to render the structure in violation of the
applicable nonelevation design requirements of this article.
Manufactured home A
tr .... ~ tra ~ icrs, pl
.... and other similar --~~ .... '
.......... aced ~., ~ s~tc for
'- ....... o ~- torm "~=~"*~-*"~ home" docs -^~ ~"~-
1 .......... purposcs, ...............................
~,- ~~ ~~ ..... n .%her-I~'~i~. "~. ..... les
~ ......... travel ........ ,
A structure subject to federal regulations, which is transportable
in one or more sections; is eight (8) body feet or more in width
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and forty (40) body feet or more in length in the travelling mod~,
or is three hundred twenty (320) or more square feet when erected
on site; is built on a permanent chassis; is designed to be used as
a single family dwelling, with or without a permanent foundation
when connected to the required facilities; and includes the
plumbing, heatinq, air conditioning and electrical systems
contained in the structure.
Manufactured home park or subdivision. A parcel or
contiguous parcels of land divided into two (2) or more
manufactured home lots for rent or sale.
One hundred-year flood. The flood having a one (1)
percent chance of being equalled or exceeded in any given year,
also referred to as "base flood" or intermediate level flood.
Recreational vehicle. A vehicle which is:
(a) Built on a single chassis;
(b) Four hundred (400) square feet or less when
measured at the largest horizontal projections;
(c) Designed to be self-propelled or permanently
towable by a light duty truck; and
(d) Designed primarily not for use as a permanent
dwelling but as a temporary living quarters for
recreational camping, travel or seasonal use.
Regulatory floodway. The channel of a river or other
watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height.
Start of construction. Includes substantial improvement,
and means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, placement, or
other improvement was within one hundred eighty (180) days of the
permit date. The actual start means either the first placement of
permanent construction of a structure on a site, such as the
pouring of a slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a
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foundation. For substantial improvements, the actual start of
construction means the first alteration of any wall, ceiling,
floor, or Qther structural part of a building, whether or not the
alteration affects the external dimensions of the building,.
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Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a
basement, footings, piers, or foundations or the erection of
temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure.
Sec. 1202. Establishing the floodplain areas.
The floodplain shall include areas subject to inundation
by waters of the one hundred-year flood. The basis for the
delineation of these areas shall be the flood insurance study for
the City of Virginia Beach prepared by the U.S. Federal Emergency
Management Agency, Federal Insurance Administration, dated July 17,
~8~ AUgust 18, 1992, and subsequent revisions. Any land included
within a floodplain shall be subject to the use regulations and the
special requirements relating to floodways, a~ flood fringes~
approximated floodplains, and coastal hiqh hazard areas as set
forth in this article, provided that any permitted development is
further subject to all federal and state rules and regulations.
The floodplain shall be established in conformance with the
definition of floodway, am4 flood fringe,, approximated floodplain.
and coastal high hazard area.
(a) The "regulatory floodway" is delineated for
purposes of this article using the criteria that a
certain area within the floodplain must be capable
of carrying the waters of the one hundred-year
flood without increasing the water surface
elevation of that flood more than one (1) foot at
any point. These areas are specifically defined in
table 4 5 of the ~ ...... ~ ...... ~ ~~ ~ ........
~..~.. ~^~ ~, ~.. ~ ,~o~ Flood Insurance Study
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and shown on the accompanying flood boundary and
floodway map, which is a part of the flood
~-~"~~ ~"~" Flood Insurance Study which is
declared to be a part of this article and which
shall be kept on file at the office of the city
engineer.
(b) The flood fringe shall be that area of the one
hundred-year floodplain not included in the
floodway. The basis for the outermost boundary of
this area shall be the one hundred-year flood
elevations contained in the flood profiles of the
~ ...... ~ ..... - " Flood
..... rcf ....... d fl
Insurance Study and as shown on the above
referenced flood boundary and floodway map.
(c) The approximated floodplain shall be that
floodplain area for which no detailed flood
profiles or elevations are provided, but where a
one hundred-year floodplain boundary has been
approximated. Such areas are shown on the maps
accompanying the
~"~"~~ Flood Insurance Study. In determining the
necessary elevations for the purposes of this
article, the city engineer shall obtain, review and
· reasonably utilize any base flood elevation and
floodway data available from a federal, state, or
other source, as criteria for requiring that new
construction, substantial improvements, or other
development in zone A comply with the provisions of
section 1204 of this article. Such sources of date
include:
(i) Corps of Engineers--Floodplain information
reports.
(ii) U. S. Federal Emergency Management Agency--
Flood insurance rate maps and flood boundary
and floodway maps.
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(iii) U.S. Geological Survey--Floodprone
quadrangles.
(iv) City of Virginia Beach soil scientist--Flood
hazard analyses.
(v) Known high water marks from past floods.
(vi) Other sources, e.g., hydrologic and hydraulic
analyses by professional engineer.
(d) The coastal high hazard area shall be those
portions of the floodplain subject to inundation by
high velocity waters and wave action and identified
as V zones on the maps accompanying the above
~a~r-elaccd f~ ~ ......... ~"~
........ u .......... ¥ Flood Insurance
Study.
(e) Where no regulatory floodway has been mapped, the
floodway shall be deemed to consist of any and all
areas of marsh, swamp, or permanently saturated
soils as further defined in section 1201 of this
article.
(f) Initial interpretations of the boundaries of the
floodplain shall be made by the city engineer. Any
person aggrieved by the decision or determination
of the city engineer may appeal same to the board
of zoning appeals. Such appeal shall be taken
within thirty (30) days after the decision
appealed, by filing the appropriate notice as
referenced in Section 15.1-496.1 of the Code of
Virginia.
Sec. ~203. Use regulations.
Ail uses, activities, and development occurring within any
floodplain shall be undertaken only upon the issuance of a permit.
Such development shall be undertaken only in strict compliance with
the provisions of this article and with all other applicable codes
and ordinances such as the Virginia Uniform Statewide Building
Code. Prior to the issuance of any such permit, the permit official
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(5) Public improvements, such as dams, levees and
channel improvements, and utility installations and
substations, including temporary storage of
materials, except flammable, toxic or noxious
materials, and temporary location of maintenance
installations;
(6) Uses and structures customarily accessory and
clearly incidental and subordinate to uses listed
above, including in connection with agricultural
uses; roadside stands for the sale of agricultural
products produced on the premises, provided that:
(i) Only one (1) such stand shall be permitted per
lot,
(ii) No such stand shall exceed five hundred (500)
square feet in floor area, and
(iii) No such stand on the street frontage shall be
erected within twenty (20) feet of the
property line.
(b) In the flood fringe and approximated floodplain
areas of the floodplain, land shall be subject to
the use regulations of the appropriate zoning
district as well as the special regulations
relating to flood fringe and approximated
floodplain as set forth in this article.
Sec. 1204. Special requirements applicable to the floodplain.
(a) Regulation of floodways. Any provision to the contrary
notwithstanding, no use or structure or substantial improvement to
an existing structure shall be permitted in any floodway, if such
use or structure or substantial improvement will adversely affect
normal flood flow, or will increase flooding of lands above or
below the property, or will increase erosion within or adjoining
the floodway, or will cause diversion of flood waters in any manner
·
more likely to create damage than does flow in a normal course, or
will increase peak flows or velocities in a manner likely to lead
to added property damage or hazards to life, or will increase
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amounts of damaging materials (including those likely to be
injurious to health) with might be carried downstream in floods.
Encroachments, including fill, new construction, substantial
improvements, and other development within the regulatory floodway
that would result in any increase in flood levels within the
community during the occurrence of the base flood discharge is
specifically prohibited. No variance shall be granted for any
development, use, or activity within any regulatory floodway that
would cause any increase in flood heights. If a structure is
allowed or granted a variance to be located within a regulatory
floodway, it shall also meet the regulations for flood fringes and
Dpproximated floodplains.
(b) Regulation of flood fringes and approximated floodplain.
Every structure or substantial improvement to an existing structure
permitted in the flood fringe and approximated floodplain shall be
so located, elevated, and constructed as to resist flotation and to
offer minimum obstruction to flood flow. The lowest floor
(including basement) of every structure shall be a minimum of one
(1) foot above the elevation of the floodplain except as provided
for in section 4.1.B.4 of the site plan ordinance. No use shall be
permitted if such use will increase the amounts of potentially
damaging materials (including those likely to be injurious to
health) which might be carried downstream in floods. Electrical,
heating, ventilation, plumbing, and air-conditioning equipment and
other service facilities shall be designed and/or located so as to
prevent water from entering or accumulating within the components
during conditions of flooding. For all new construction and
substantial improvements, fully enclosed areas below the lowest
floor that are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of flood waters. Designs for
meeting this requirement must either be certified by a registered
professional engineer or architect or must meet or exceed the
following minimum criteria:
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(i) A minimum of two (2) openings having a total net area of
not less than one (1) square inch for every square foot
of enclosed area subject to flooding shall be provided.
(ii) The bottom of all openings shall be no higher than one
(1) foot above grade.
(iii) Openings may be equipped with screens, louvers, or other
coverings or devices provided that they permit the
automatic entry and exit of flood waters.
(c) Floodplains subject to special restrictions. Not-
withstanding provisions of this article to the contrary, there
shall be no filling permitted for the purpose of altering the
contour of the land and that would decrease the flood storage
capacity or adversely affect storm water flow conditions as
determined upon review by the city engineer except for the purpose
of roadway construction or other similar public works construction,
and except to provide the minimum amount of fill to assure adequate
functioning of a septic tank system, in any of the following
floodplains:
(1) North Landing River and its tributaries south of
Lynnhaven Parkway;
(2) West Neck Creek and its tributaries south of Shipps
Corner Road and London Bridge Road; and
(3) Bays, creeks, lakes, guts, coves, marshes and swamps and
their tributaries comprising the Back Bay watershed south
of South Birdneck Road and east of Princess Anne Road and
General Booth Boulevard.
Sec. 1205. Special requirements applicable to coastal areas.
Sand dunes, barrier beaches and other natural protective
barriers shall remain intact to provide protection against wind,
waves, and erosion damage. Removal of such barriers will be
allowed only if the landowner agrees to construct artificial
barriers in their place, such as seawalls, bulkheads, jetties, or
groins, providing an equal or greater protection from wind, wave
and water action.
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(a) Coastal high hazard area. In the coastal high hazard
area (zones Vl-30), the following regulations shall apply in
addition to the regulations cited above:
(1) No land below the level of the one hundred-year tidal
flood may be developed unless the new construction or substantial
improvements:
i. Is located landward of the reach of the mean high
tide;
ii. Is elevated on adequately anchored piles or
columns, and securely anchored to such piles or
columns so that the lowest portion of the
structural members of the lowest floor is elevated
to at least one (1) foot above the one hundred-year
..... ......... maximum wave crest elevation, as
shown in the Flood Insurance Study and accompanying
maps;
iii. Has been certified by a registered professional
engineer or architect that it is securely anchored
to adequately anchored pilings or columns in order
to withstand velocity waters and hurricane
wavewash;
iv. Has the space below the lowest floor either free of
obstruction or constructed with nonsupporting
breakaway walls, open wood latticework, or insect
screening intended to collapse under wind and water
loads without causing collapse, displacement, or
other structural damage to the elevated portion of
the building or supporting foundation system. For
the purposes of this article, a breakaway wall
shall have a design safe loading resistance of not
less than ten (10) and no more than twenty (20)
pounds per square foot. Use of breakaway walls
which exceed a design safe loading resistance of
twenty (20) pounds per square foot (either by
design or when so required by local or state codes)
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may be permitted only if a registered professional
engineer or architect certifies that the designs
proposed meet the following conditions:
(i) Breakaway wall collapse shall result from a
water load less than that which would occur
during the base flood; and
(ii) The elevated portion of the building and
supporting foundation system shall not be
subject to collapse, displacement, or other
structural damage due to the effects of wind
and water loads action simultaneously on all
building components (structural and non-
structural). Maximum wind and water loading
values to be used in this determination shall
each have a one (1) percent chance of being
equalled or exceeded in any given year (one
hundred-year mean recurrence interval). Such
enclosed space shall be usable solely for
parking of vehicles, building access, or
storage.
v. Does not utilize fill for structural support of
buildings or structures.
vi. Has the electrical, heating, ventilation, plumbing,
and ai~-conditioning equipment and other service
facilities desiqned and/or located so as to prevent
water from entering or accumulating within the
components during conditions of flooding.
vii. Meets all other applicable requirements for
construction in high hazard zones found in the
Virginia Uniform Statewide Building Code.
(2) In the coastal hazard area of the floodplain, land shall
be subject to the use regulations of the appropriate
zoning district, as well as the special regulations
relating to coastal high hazard areas as set forth in
this article. Existing nonconforming uses and/or
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structures located on land below the level of one
hundred-year ~n-~~-~ ~~~-~n maximum wave crest elevation, as
shown in the Flood Insurance Study and accompanying maps,
shall not be expanded.
(3) The manmade alteration of sand dunes which would increase
potential flood damage is prohibited.
Sec. 1206. ~pecial requirements for manufaoture~ homes
recreational vehicles.
(a} Manufactured homes placed or substantially improved on
sites within a flood fringe or approximated floodplain shall:
(1) Be elevated on a permanent foundation such that the
lowest floor of the manufactured home is elevated
to or above the base flood elevation and securely
anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral
movement;
(2) Have adequate surface drainage and access for a
hauler provided;
(3) In the instance of elevation on pil%Rgs, be on lots
large enough to permit step~, .. have piling
foundations in stable soil no more than ten (10}
feet apart, and .hav~ reinforcement provided for
pilings more than six (6) feet above the grognd;.
(4) Have electrical, heating, ventilation, plumbing,
and air-conditioning equipment and other service
facilities, designed and/or located so as to
prevent water from entering or accumulating within
the components during conditions of flooding; and
(5) Have fully enclosed areas below the lowest floor
that are subject to flooding meet the applicable
requirements described in section 1204(b~ of this
article.
/_~ Manufactured homes placed or substantially improved on
sites within a coastal high hazard area shall comply with the same
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standards as set forth, for conventional hQusing in coastal high
hazard areas.
(c) Recreational vehicles placed or substantially improved on
sites within a flood fringe pr apprQ~imated floodplain shall
either:
¢1) Be on the site for fewer than one hundred eighty
(180) consecutive days;
(2) Be fully licensed and ready for highway use; or
(3) Meet all applicable permit requirements for
placement and the elevation and anchoring
requirements for manufactured homes.
A recreational vehicle is ready for highway use if it is on wheels
or jacking system, is attached to the site only by quick disconnect
.-type utilities and security devices, and has no permanently
attached additions.
(d) Recreational vehicles placed or substantially improved on
sites within a coastal high hazard area shall either:
(1} Be on site for fewer than one hundred eighty
consecutive days;
(2) Be fully licensed and ready for highway use; or
(3) Meet the same standards ~pplicable to conventional
housing in coastal high hazard areas.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 13 day of April , 1993
CA-4749
\wmordres \ czof lood. orn
R-3
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DEPARTMENT
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 4 OF THE SITE PLAN~
ORDINANCE, PERTAINING TO FLOODPLAIN
REGULATIONS.
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA.BEACH, VIRGINIA:
That Section 4 of the Site Plan Ordinance is hereby
amended and reordained, and shall read as follows:
Sec. 4. Information required on site development plan.
4.1 Nine (9) copies of a site plan, prepared, stamped and
endorsed by a registered engineer, surveyor or other persons duly
licensed by the Commonwealth of Virginia to practice as such, shall
be submitted with every application for approval, and shall contain
the following information:
A. Property and ownership information:
1. A location map at a scale of not less than one inch
equals 1,600 feet with the site plan clearly marked on
the location map identifying the location of the
property; ,
2. Present recorded property owner and map book and page
reference and deed book and page reference of the site
property;
3. Owners, lot numbers and map book/page reference of all
adjacent properties;
4. A boundary survey of the parcel prepared at a scale of
one inch equals fifty (50) feet or larger; no sheet shall
exceed 24 X 36 inches in size. The survey shall include
the acreage and/or square footage of the site and
indicate all boundaries by course and distance;
5. Iron pins 3/8 inch in diameter and 36 inches in length
shall be shown and installed at all lot corners, points
of tangents and any angle point along a given course of
the parcel;
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6. Ail property information shall be certified by the
engineer or surveyor of the project;
7. Existing zoning;
8. Geographical parcel identification number.
B. Existing and required site features and improvements:
1. Streets and easements, their names, right, s-of-way status
(public or private), numbers and widths. Type (class)
and width of pavement, curbs, and sidewalks.
2. All property line and property line curve data or
centerline and centerline curve data including radius,
delta angle, length of arc, chord and tangent shall be
shown on the site development plan.
3.Utilities of all types.
4. The topographic survey, showing the elevation of streets,
alleys, buildings, structures, water courses and their
names. The topography shall be shown by adequate spot
elevations. The finished grade for the entire site shall
be shown and the proposed first.lowest floor elevation of
all buildings (except for detached garages and storage
areas which shall be located at or above the one-hundred-
year flood elevation) shall be a minimum of one foot
above the elevation of (a) the flood water of record or
(b) the intermediate flood level as determined by the U.
S. Army Corps of Engineers or (c) the flood level as
determined by the department of public works, whichever '
is greater. All elevations shall be certified and
referenced to ~'~onal ~ .... ° ........ '"~ ~ ~°~ National
Geodetic Vertical Datum of 1929, 1972 adjustment (NGVD)
datum 0.00 mean sea level. All horizontal dimensions
shown on the site development plan shall be in feet and
decimals of a foot. All bearings in degrees, minutes and
seconds. Additionally, on all residential site plans
(single-family, two-family, duplex and townhouses) the
following information must be provided:
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(a) The following statements shall appear on the site
plan:
(1) "The lot grading on this plan is in accordance
with the'latest subdivision construction plan
submitted to and approved by the city engineer
on (indicate date of approval)."
~ ........ d floor elevation shown is
(2) "The lowest ~-~-~
one foot above the one-hundred-year floodplain
as adopted by the City of Virginia Beach."
(Exception - detached residential garages and
storage areas shall be located at or above the
' one-hundred-year flood elevation.)
(3) The elevation of the curb (if existing or
proposed) in front of each lot shall be
indicated.
(4) Elevations of the top of bank and toe of slope
and limits of fill necessary to construct the
dwelling unit, including access, shall be
indicated.
Number of floors, dimensions, and location of each
building 'and proposed use for each building shall be
indicated. If a multi-family, townhouse, or hotel
development is submitted, a specific schedule showing the
following information shall be included on the face of
the plan:
The dwelling units and/or lodging units per gross
acre of the project;
b. Breakdown of the number of bedrooms;
c. Percent of parcel devoted to recreation. Provided
further, if the breakdown of number of bedrooms
should change prior to the issuance of a building
permit, the builder or developer shall notify the
city agent by letter of such change; if the number
of units does not increase and if the dimensions or
position of the building structures do not change
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126.
127
128
129
130
131
132
133
134
135
then additional site plan approval will not be
necessary.
6. All off-street parking and parking bays, loading spaces
and walkways indicating type of surfacing, size, angle of
stalls, width of aisles and a specific schedule on the
face of the site plan showing the number of parking
spaces provided and the number required in accordance
with the Virginia Beach zoning ordinance.
7. Existing and proposed storm drainage easements and the
direction of drainage flow in streets, storm sewers,
valley gutters, streams and ditches. Indicate all
contributing areas in acres for storm drainage
calculations. Drainage area maps and drainage
calculations shall be submitted to the ,city agent upon
. request.
8. All existing and proposed water, sanitary sewer
facilities indicating pipe sizes, types and grades shall
be shown. Connections into existing or proposed central
water and'sewer systems shall be shown.
·
9. Provision and schedule for the adequate control of
erosion and sedimentation shall be in accordance with
article III of chapter 30 of the Code of the City of
Virginia Beach (City Code sections 30-56 through 30-78).
10. Landscape design and land use buffer plan in accordance
with the design standards of the department of planning, '
as approved by the council of the City of Virginia Beach,
shall be required. Where Chesapeake Bay Preservation
Areas are located on a site, landscaping design and
buffer area plans shall be in accordance with section 110
of the Chesapeake Bay Preservation Area Ordinance
[Appendix F].
11. A definite distance tie to an existing street
intersection shall be provided.
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
12. Location and identification of existing graves and
objects or structures marking a place of burial shall be
shown.
13. For development or redevelopment having a construction
footprint exceeding two thousand five hundred (2,500)
square feet in Chesapeake Bay Preservation Areas, there
shall, except if waived as unnecessary by the
~ ......... ' pl i~q
.... ann director,
also he provided all elements of the plan of development
as required hy section 110 of the Chesapeake Bay
Preservation Area Ordinance [Appendix F]. The terms
"development," "redevelopment" and "construction
footprint" shall he as defined in section 10~ of the
Chesapeake Bay Preservation Area Ordinance.
1~. Where required hy section 10~ of the Chesapeake Bay
Preservation Area Ordinance [Appendi× FI, there shall
also, except if waived as unnecessary by the
~ .................. Dc ..... ann ector,
he provided a water quality impact assessment containing
all of the elements required therein.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 13 day of April 1993
CA-4751
\wmordres\siteflood. orn
R-1
- 22 -
Item III-Ll.d,
PUBLIC HEARING
ITEM 1136672
PLANNING BY CONSENT
Upon motion by Council lady Parker, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application THE SPORTS AUTHORITY, INC. to vacate a portion of a easement on
Parcel A-3A as shown on Subdivision of Parcel A-3 for Barbara S. Feldman, Edward S. Stein, Arthur
H. Stein and Robert S. Stein, dated December 14, 1984, and recorded in Deed Book 2392 at Page 1096,
at 2720 North Mall Drive. (LYNNHAVEN BOROUGH).
Ordinance authorizing the City Manager to execute a deed of easement
and release and vacation of easement located on Lot Parcel A-3A on
Plat entitled subdivision of Parcel A-3 for Barbara S. FeMtnan, Edward
S. Stein, Arthur H. Stein and Robert S. Stein.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
April 13, 1993
ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A DEED OF EASEMENT AND RELEASE AND VACATION
OF EASEMENT LOCATED ON LOT PARCEL A-3A ON
PLAT ENTITLED SUBDIVISION OF PARCEL A-3 FOR
BARBARA S. FELDMAN, EDWARD S. STEIN, ARTHUR H. STEIN
AND ROBERT S. STEIN
WHEREAS, The Sports Authority, Inc., a Delaware Corporation,
(hereinafter the "Owner") is the fee simple owner of Parcel A-3A
referenced on the plat entitled EASEMENT PLAT FOR PARCEL A-3A
Lynnhaven Borough, Virginia Beach, Virginia for The Sports
Authority dated March 10, 1993, prepared by Langley and McDonald,
P.C., a copy of which is attached hereto as Exhibit A and made a
part hereof; and
WHEREAS, by plat entitled SUBDIVISION OF PARCEL A-3 FOR
BARBARA S. FELDMAN, EDWARD S. STEIN, ARTHUR H. STEIN, ROBERT S.
STEIN, Lynnhaven and Princess Anne Boroughs, Virginia Beach,
Virginia dated December 14, 1984, prepared by Langley and McDonald,
P.C., and recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia in Deed Book 2392, at Page
1096, the Owner's predecessor in title dedicated to the City of
Virginia Beach a variable width utility easement across Parcel A-
3A; and
WHEREAS, the Owner has requested that the City vacate its
interest in a portion of the variable width utility easement, and
in conjunction therewith, the Owner has offered to dedicate to the
City an additional variable width utility easement, both as shown
on Exhibit A; and
WHEREAS, it has been determined by the Department of Public
Utilities and the Department of Public Works that the vacation of
a portion of the variable width utility easement and the dedication
of the new variable width utility easement as shown on Exhibit A
will result in a variable width utility easement adequate for its
purposes.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed to
execute the Deed of Easement and Release and Vacation of Easement
(a copy of which is attached hereto as Exhibit B and made a part
hereof) between the Owner and the City wherein the City releases
its interest in the portion of the variable width utility easement
to be vacated, and the Owner dedicates to the City the additional
variable width utility easement, both as sl~own on Exhibit A.
Adopted by the Cgun~il of the City of Virginia Beach, Virginia
on this l~ day of apr~, 1993. This ordinance requires a
three-fourths (3/4) vote of all members of Council.
64771.1/WLT:ET
3/24/93
#64?69
I~rch Z4, 19~3
THIS DEED OF EASEMENT AND RELEASE AND VACATION OF EASEMENT,
made and entered into this day of , 1993, by and
between the City of Virginia Beach and The Sports Authority, Inc.,
("The Sports Authority"), a Delaware corporation whose address is
3383 N. State Road 7, Fort Lauderdale, Florida 33319,
WITNESSETH:
WHEREAS, by that certain plat entitled SUBDIVISION OF PARCEL
A-3 for BARBARA S. FELDMAN, EDWARD S. STEIN, ARTHUR H. STEIN,
ROBERT S. STEIN, Lynnhaven and Princess Anne Boroughs, Virginia
Beach, Virginia, dated December 14, 1984 prepared by Langley and
McDonald, P.C. and recorded in the Office of the Clerk of the
Circuit Court of the City of Virginia Beach, Virginia in Deed Book
2392, at Page 1096, The Sports Authority's predecessor in title
conveyed a variable width utility easement across Parcel A-3A as
shown on that plat; and
WHEREAS, The Sports Authority desires to extend the building
constructed on Parcel A-3A approximately ten (10) feet towards
North Mall Drive, and the extension would encroach into the
variable width utility easement described above; and
WHEREAS, The Sports Authority, the present owner of Parcel A-
3A, has requested that a portion of the subject variable width
utility easement be released of record, and has offered to dedicate
to the City an additional variable width utility easement in
connection with the release and vacation.
NOW THEREFORE, for and in consideration of the sum of Ten
Dollars, cash in hand paid, receipt of which is hereby acknowledged
(i) the City does hereby surrender, release and quitclaim unto The
Sports Authority, its successors and assigns, that portion of the
variable width utility easement designated for vacation on the
EASEMENT PLAT FOR PARCEL A-3A, Lynnhaven Borough, Virginia Beach,
Virginia for THE SPORTS AUTHORITY dated March 10, 1993, prepared by
Langley and McDonald, P.C., a copy of which is attached hereto as
Exhibit A, and (ii) The Sports Authority hereby dedicates to the
City the additional variable width utility easement designated for
dedication on Exhibit A.
This conveyance is made subject to easements, conditions and
restrictions of record insofar as they may affect the property.
GPIN Number 1496-47-2557 1
WITNESS the following signatures and seals:
CITY OF VIRGINIA BEACH, VIRGINIA
(SEAL)
ATTEST .'
By~
City Manager/Authorized
Designee of the City Manager
Ruth Hodges Smith
City Clerk
THE SPORTS AUTHORITY, INC.
(SEAL)
ATTEST
By
(Title)
(Title)
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary
Public in and for the City and State aforesaid, do hereby certify
that , City Manager/Authorized Designee
of the City Manager, whose name is signed to the foregoing writing,
bearing date the day of . . , 1993, has acknowledged the
same before me in my City and State aforesaid.
Given under my hand this
day of , 1993.
My Commission Expires:
GPIN Number 1496-47-2557 2
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public in
and for the City and State aforesaid, do hereby certify that, RUTH
HODGES SMITH, City Clerk, whose name is signed to the foregoing
writing, bearing date the day of , 1993, has
acknowledged the same before me in my City and State aforesaid.
Given under my hand this ... day of
, 1993.
My Commission Expires:
Notary"pUblic
STATE OF VIRGINIA
CITY OF
to-wit:
I, , a Notary
Public in and for the City and State aforesaid, do hereby certify
that , (Title) and
, (Title), on
behalf of The Sports Authority, Inc., a Delaware Corporation, whose
names are signed to the foregoing writing, bearing date the day
of , 1993, has acknowledged the same before me in my
City and State aforesaid.
Given under my hand this
day of , 1993.
My Commission Expires:
Notary. Public
GPIN Number 1496-47-2557
APPROVED AS TO
LEGAL SUFFICIENCY
BY SUCH APPROVAL, THE UNDERSIGNED DO NOT CERTIFY AS TO THE
CORRECTNESS OF THE BOUNDARY, STREETS OR OTHER LINES SHOWN ON THIS
PLAT.
APPROVED ' DATE :
DIRECTOR OF PUBLIC WORKS ;
CITY OF VIRGINIA BEACH
APPROVED ' DATE :
DIRECTOR OF PUBLIC UTILITIES ;
CITY OF VIRGINIA BEACH
PO/? 770N OF EXIS [.
EA SEMEN T HE/FEB Y
VA CA TED.
AREA = 3125 SO. FT
OR O. 0717 AC
J6.17
7 O0
VAR/ABLE ~fD 1H
U DLITY EASEMENT
HEREBY DEDICA ~D
TO ~E CITY OF
~RGINIA BEAC~ VA.
AREA = 312 SO. F~
OR 0.0072 AC
N86
s86
N86 '52 'O8 "E
10. O0 37. 90:
.~s6.5~'o~~w
10. 00 --
--' ~ / sss~2'os"w
. , .~~
38. ~0 ,,
38. 50 /
2Z92, PG.
/ / / . .IZ¢ ~ 0'"
EASEMENT DETAIL
EASEMENT PLAT
PARCEL A- 5A
LY~N~*WN eomouo~ V, RO~A e~AC~. V~O~N~,
(~.~. ~592. PO. ~09~)
FOR
~E SPORTS AU~ORI~
DATE' 05/~0/95 SCALE' ~" = 50'
Langley end McDonald, P.C.
Engineers- Surveyors- Planners
Landscape Architects- Environmental Consultants
VIROINIA BEACH
G/FAPHIC SCALE IN FEET
II I
o ~o
~¢n~. ~"= ~o
WILLIAMSBURG
SHEET 2. OF 2.
PROJECT NO.' 78055-0182 DRAWING FILE NO.: 22902-X2
BY SUCH APPROVAL, THE UNDERSIGNED DO NOT CERTIFY AS TO THE
CORRECTNESS OF THE BOUNDARY, STREETS OR OTHER LINES SHOWN ON THIS
PLAT.
APPROVED · DATE ·
DIRECTOR OF PUBLIC WORKS;
CITY OF VIRGINIA BEACH
APPROVED · DATE ·
DIRECTOR OF PUBLIC UTILITIES;
CITY OF VIRGINIA BEACH
PARnElLF 4 - A
(M.~. 2oz /~C. ~o2
126. 154.
POR~ON OF EX/St
EA SEUEN T HERE8 Y
VA CA ~D
VARIABLE ~D ~
U DLZ TY EASEMENT
HEREBY DEDICA ~D
TO ~E QlTY OF
~RGINIA BEACH. VA.
S4B'OZ~5~2, "E
J4. Bu
~ J ~ --- C DETAIL
~ J ~ 37.. O0 ~ SHEET 2)-
~1~'- --- ~ ~__ ---_ L = ~.~ sh -~-
~ ~ ¢~ ~ 3~.5o- _ ~ ~ , _ ~.~
~ - ~ F ~ / ~. ~.0.~ ./
EXIS~ 20' PR/VA TE ~ z ~ , , ~ ~-
DRA ~NA GE EA SE~EN ~ --~ - . 0 _. / I /~ ~ ~
Fo.~ z3~z, ~o. ~o~) ~ ~ _ '/e'
R = 18002,'~~ ~ /.P b~/~/EASEMENT
L = 67.~S J I ,AL?' Z ~~ (D.B. 2392,
, ~' / / / ! .~
'
EASEMENT PLAT
FOR
PARCEL A- 3A
LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA
(D.a. 2592, PG. 1096)
FOR
THE SPORTS AUTHORITY
DATE ' O,:3/10/93 SCALE · 1" -- 100'
Langley and McDonald, P.C.
VIRGINIA BEACH
Engineers - Surveyors- Planners
Landscape Architects- Environmental Consultants
WILLIAMSBURG
GRAPHIC SCALE IN FEET
o lbo 2oo
SCALE' 1"= 100
SHEET .1. OF 2.
PROJECT NO.' 7805,3-0182 DRAWING FILE NO.: 22902-X1
ooo dbo
LYNNHAI N
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d
- 23 -
Item III-L2.a.
PUBLIC HEARING
ITEM #36673
PLANNING
Jesse Franklin Jackson, III, the applicant represented himself
Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of JESSE FRANKLIN JACKSON, III, for an AMENDMENT to the Green
Run Land Use Plan.
ORDINANCE UPON APPLICATION OF JESSE FRANKLIN JACKSON,
III FOR AN AMENDMENT TO THE GREEN RUN LAND USE PLAN TO
ALLOW A ,~r,, ~, ,~ ~,~ ,~~,, ~'~ A COMMERCIAL
RECRF~4TIONAL CENTER Z04931379
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Jesse Franklin Jackson, III, for an
amendment to the Green Run Land Use Plan to allow a
a~, a commercial recreational facility on property located at 1591
Dahlia Drive. Said parcel contains 23,958 square feet. PRINCESS ANNE
BOROUGH.
The following conditions shall be required:
1. The proposed indoor recreational facility is approved for one
year. At the end of one year, the use will be reevaluated.
2. A variance from the Board of Zoning Appeals must be obtatned
for the deficit in the number of parla'ng spaces.
.
Approval is only for a 2,000 square foot game room. (The
request for a child care center has been deleted from the
application).
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 Thirteenth of April, Nineteen
Hundred and Ninety-Three.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
April 13, 1993
Item III-L2. b.
PUBLIC HEARING
ITEM #36674
PLANNING
Greg Ettel, Post Office Box 1392, Phone: 721-2020, represented the applicant
Upon motion by Councilman Dean, seconded by Councilman Brazier, City Council DEFERRED
INDEFINITELY an Ordinance upon application of KENNETH DOUGLAS WILKINS for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF KENNETH DOUGLAS
WILl(INS FOR .4 CONDITIONAL USE PERMIT FOR CARPET GOLF
Ordinance upon application of Kenneth Douglas Wilkins for a
Conditional Use Permit for a carpet golf on the south side of Sandbridge
Road, 130 feet more or less west of Sandpiper Road. Said parcel is
located at 309 Sandbridge Road and contains 1.2 acres. PRINCESS
ANNE BOROUGH.
Voting: 10-0
Council Members l/oting Aye:
John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis 1~ Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
Aprtl 13, 1993
Item II[-L2. c.
PUBLIC HEARING
ITEM #36675
PLANNING
Charles S. Gelinas, 25 Huntington Avenue, Suite 408, Boston, Massachusetts 02116, Phone: 617 247-
2616, represented Shurgard.
Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED
Ordinances upon application of ROBERT O. & DOROTHY G. SYKES & GAlL G. WATTS for a Change
of Zoning District Classification and SHURGARD GENERAL PARTNERS, INC. for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF ROBERT O. & DOROTHY G.
SYKES AND GAIL G. WATTS FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-7.5 TO B-2 Z04931380
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Robert O. & Dorothy G. Sykes and Gail
G. Watts for a Change of Zoning District Classification from R-7.5
Residential District to B-2 Community Business District on the southside
of Virginia Beach Boulevard, east of Fair Meadows Road. The proposed
zoning classification change to B-2 Community Business District is for
community business land use. The Comprehensive Plan recommends use
of this parcel for suburban medium density residential at densities that
are compatible with single family use in accordance with other Plan
policies. Said parcel is located at 5541, 5551 and 5553 Virginia Beach
Boulevard and contains 3 acres more or less. BAYSIDE BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF SHURGARD GENERAL
PARTNERS, INC., FOR A CONDITIONAL USE PERMIT FOR A MINI-
WAREHOUSE STORAGE FACILITY R04931813
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Shurgard General Partners, Inc. for a
Conditional Use Permit for a mini-warehouse storage facility on the
south side of Virginia Beach Boulevard, east of Fair Meadows Road.
Said parcel is located at 5541, 5551 and 5553 Virginia Beach Boulevard
and contains 1.53 acres. BAYSIDE BOROUGH.
The following conditions shall be required:
Two curb cuts shall be allowed to the storage facility so long
as the use on this site remains mini-warehouses. Should the
use change, one curb cut shall be closed.
2.
Category VI landscaping is required around the proposed
addition to the storage facility in keeping with the City Zoning
Ordinance.
The proposed 15-foot stem running along the western
boundary shall be eliminated and replaced with a drainage
easement. The required Category VI screening shall be
permitted in this drainage easement.
Stormwater management shall be required for any additional
impervious cover added on the site to be used for storage
facilities.
April 13, 1993
- 26 -
Item III-L 2, c.
PUBLIC HEARING
ITEM 1136675 (Continued)
PLANNING
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis 1~ Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D.
Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
April 13, 1993
- 27 -
Item llI-L2.d.
PUBLIC HEARING
ITEM #$6676
PLANNING
Attorney Richard H. Matthews, 192 Ballard Court, represented the applicant
Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessorns, City Council ADOPTED an
Ordinance upon application of CH & B for an amendment to the Benneman Farm Land Use Plan and
an Ordinance upon application of DRAGAS COMPANIES for a Change of Zoning District Classification.
ORDINANCE UPON APPLICATION OF CH & B
AMENDMENT TO THE BRENNEMAN FARM LAND
Z04931381
FOR AN
USE PLAN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of CH & B for an amendment to the
Brennernan Farm Land Use Plan to delete the previously designated
excess public school site and redistribute residential density. Said
property is located on the east and west sides of South Plaza Trail, north
of Princess Anne Road and south of Independence Boulevard. Said parcel
contains 243 acres. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The fifteen (15)-acre school site was rezoned out of the
planned unit development and should be deleted from the plan.
2.
Total number of Townhouses will increase from seventy-eight
(78) to one hundred twenty (120). Eighty (80) units may be
built at present. The remaining forty (40) units may be built
ONLY when water restrictions are removed by the City.
AND,
ORDINANCE UPON APPLICATION OF DRAGAS COMPANIES FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7.5
TO PD-H1 Z04931382
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Dragas Companies for a Change of
Zoning District Classification from R-7.5 Residential District to PD-H1
Planned Unit Development District on the following parcels:
Parcel 1: Located on the northwest intersection of Princess Anne Road
and Providence Road.
Parcel 2: Located on the west side of Princess Anne Road beginning at
a point 850 feet more or less north of Providence Road.
The proposed zoning classification change to PD-H1 Planned Unit
Development is for Planned Unit Development Land Use at a density no
greater than 11 dwelling units per acre. The Comprehensive Plan
recommends use of this parcel for single family residential use at a
density of 3 to 3.5 units per acre in accordance with other plan policies.
Said parcels contain 1.58 acres. KEMPSVILLE BOROUGH.
April 13, 1993
- 28 -
Item III-L2.d.
PUBLIC HEARING
ITEM #36676 (Continued)
PLANNING
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W..
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy IC Parker
Council Members Absent:
John D. Moss
Council lauty Parker DISCLOSED pursuant to Section 2.1-639.14(E), Code of Virginia, she and her
husband are owners of Parker Pools, Inc., and Parker Pools, Inc. has a contract with George Dragas,
Jr., Chairman of the Board of Dragas Companies, for the maintenance of his personal pool. Council Lady
Parker wishes to disclose this interest and abstain from participating in this transaction.
April 13, 1993
City of Virginia
NANCY K PARKER
COUNCILWOMAN
AT-LARGE
604 GOLDSBORO AVENUE
VIRGINIA BEACH, VIRGINIA 23451
(804) 425-1589
April 13, 1993
Mrs. Ruth Hodges Smith, CMC/AAE
C~ty Clerk's Office
Municipal Center
Virgima Beach, Virginia 23456
Dear Mrs. Smith:
Re: Disclosure Pursuant to Section 2.1-639.14(E), Code of Virginia
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(E), Code of
Virginia, I make the following declaration:
1.
The transaction for which I am executing this written disclosure is the Council
consideration of the application of Dragas Companies for a change of zoning
district classification from R-7.5 Residential D~strict to PD-H1 Planned Unit
Development D~strlct on designated parcels.
.
The nature of my personal interest is that my husband and I are owners of
Parker Pools, Inc., and that Parker Pools, Inc., has a contract w~th George
Dragas, Jr., Chairman of the Board of Dragas Companies, for the maintenance
of his personal pool.
.
Although the City Attorney's Office has advised me that this interest does not
meet the criteria of a personal interest in the transaction under the Conflict of
Interests Act, I w~sh to disclose this interest and abstain from participating in
this transaction.
Mrs. Ruth Hodges Smith -2- April 13, 1993
Re: Disclosure Pursuant to Section 2.1-639.14(E), Code of Virginia
Accordingly, I respectfully request that you record this declaration in the offimal
records of the City Council. I have enclosed an opinion letter from Randall M. Blow, Senior
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Nancy K. Parker
Councilwoman
NKP/clb
Enclosure
City of Virginia
LESLIE L LILLEY
CITY A fTORNE','
MUNICIPAL CENTER
VIRGINIA BEACH VA 23456 9004
(804) 427 4531
FAX (804) 426 5687
April 13, 1993
Councilwoman Nancy K. Parker
Municipal Center
Virgima Beach, VA 23456
Re' Confltct of Interests Act Opinion
Dear Councilwoman Parker:
I am writing in response to your request for an opinion as to whether you may
participate in City Council's discussion and vote on the application of Dragas Companies for
a change of zoning district classification from R-7.5 Residential District to PD-H1 Planned
Unit Development D~strict on designated parcels. The application is scheduled for
cons~derauon by C~ty Council at its April 13, 1993, meeting.
SUMMARY/CONCLUSION:
From my review of the Conflict of Interests Act and the information provided by you,
I am of the opinion that you do not have a personal interest in the transaction of Council
concerning its consideration of the application of Dragas Companies for a change of zoning
district classification from R-7.5 Residential District to PD-H1 Planned Unit Development
District on designated parcels. Thus, you may vote on this matter without restriction. For
your information, I have outlined the disclosure requirements of Section 2.1-639.14(G)
should you desire to disclose your relationship and vote; I have also set forth the applicable
provisions for abstention set forth in Sectaon 2.1-639.14(E), should you choose not to vote.
I base the aforesaid conclusxons on the following facts wtuch you have presented.
Please review and verify the accuracy of the facts as set forth as you may only rely upon this
opuuon if they are correct and complete.
Councilwoman Nancy K. Parker -2- April 13, 1993
Re: Conflict of Interests Act Opinion
FACTS PRESENTED:
Your request for an advisory opinion is generated by the application of Dragas
Companies for a change of zoning district classification from R-7.5 Residential District to
PD-H1 Planned Unit Development District on designated parcels. The application is
scheduled to be considered by the Council at the April 13, 1993, meeting. You have advised
that your concern, and reason for requesting this opinion, is that you and your husband are
the owners of Parker Pools, Inc. ("Parker Pools"), that you have an ~nterest in Parker Pools
wtuch exceeds three percent (3 %) of the total eqmty of the business, and that Parker Pools
has a contract with George Dragas, Jr., Chairman of the Board of Dragas Companies, for
the maintenance of his personal pool. You have further advised that Parker Pools received
~ncome of less than $10,000.00 from Mr. Dragas as a result of last year's contract.
ISSUE:
Are you precluded from participating ~n the Council's discussion and vote on the
application of Dragas Companies for a change of zoning district classification from R-7.5
Residential District to PD-H1 Planned Unit Development D~strict on designated parcels?
DISCUSSION:
I. Applicable Definitions of Section 2.1-639.1
A. City Council is a governmental agency, as it is a legislative branch of local
government as defined in § 2.1-639.2 of the Virginia State and Local Government Conflict
of Interests Act.
B. You are an officer within the meaning of § 2.1-639.2 of the above-referenced Act.
C. Council consideration of the apphcation of Dragas Compames for a change of
zoning district classification from R-7.5 Res~dentaal District to PD-H1 Planned Unit
Development District on designated parcels is a "transaction" as defined by the Act. A
transaction includes any matters considered by any governmental agency on Much official
action is taken or contemplated.
D. "Personal interest" is defmed in § 2.1-639.2 as a financial benefit or liability
whtch accrues to an officer, employee, or to an immediate family member. The interest
exists by reason of one of five categories specified therein as: 1) ownership in a business
Councilwoman Nancy K. Parker -3- April 13, 1993
Re: Conflict of Interests Act Opinion
af the ownership interest exceeds 3 % of the total equity of the business; (2) annual income
from ownership in real or personal property or a business in excess of $10,000.00; 3) salary
from the use of property or paid by a business that exceeds $10,000.00 annually; 4)
ownership of real or personal property when the interest exceeds $10,000.00 in value,
exclusive of ownership in a business, or salary; and 5) personal liability incurred or assumed
on behalf of a business wtuch exceeds 3 % of the asset value of the business.
E. A "personal interest in the transaction" exists when an officer or employee or a
member of his Immediate family has a personal interest in property or a business or
represents any individual or business and such property, buslness or represented andivldual
(i) is the subject of the transaction or (i0 may realize a reasonably foreseeable direct or
indirect benefit or detriment as the result of the agency considenng the transaction.
II. Application of Defimt~ons
A. Personal Interest
You have a personal mterest tn Parker Pools, Inc., by virtue of your interest in Parker
Pools which exceeds three percent (3 %) of the equity of the business.
B. Personal Interest in the Transaction
Based on the facts presented, Parker Pools, Inc., is not the subject of the transaction,
nor will at realize a reasonably foreseeable direct or indirect benefit or detriment as a result
of Council's consideration of the aforementioned application. ~ Therefore, it is my opinion
that you do not have a personal interest in the transaction within the meaning of the Conflict
of Interests Act.
III. Disclosure Requirements
Based on the fact that you have no personal interest in the application of Dragas
Companies for a change of zoning district classification from R-7.5 Residential District to
PD-H1 Planned Unit Development District on designated parcels, you are not restricted in
~In circumstances where the effect of a transaction is speculative, remote, or contingent
on factors beyond the officer's control, it is not reasonably foreseeable that the officer's personal
interest will benefit or suffer as a result of the pending transaction. Attorney General Opinion
to the Honorable William F. Parkerson, Jr., Member, Senate of Virginia, dated February 2,
1987.
Councilwoman Nancy K. Parker
-4- April 13, 1993
Re: Conflict of Interests Act Opinion
voting as to that aem. If you are concerned that your participation as to this matter may
create some appearance of ~mpropriety because of your position, there are two options
available to you which may d~ffuse any perception problems that may arise:
le
You may either d~sclose the facts as presented hereto and proceed to
vote as to this transacuon; or
.
You may abstain from voting and disclose any interest.
Should you decide to declare your interest and vote, a proposed disclosure letter
which complies with § 2.1-639.14(G) is enclosed for your convenience. You may either
make this declaration orally, which is to be recorded in the written minutes of the City
Council, or you may file a signed written declaration with the Clerk of the City Council,
who shall retain and make this document available for public ~nspect~on for a period of five
years from the date of recording or receipt.
The Conflict of Interests Act deals with the types of influences upon a public officer' s
judgment which are clearly ~mproper. The law does not, however, protect against all
appearance of improper Influence. In that respect, the Act places the burden on the
md~mdual officer to evaluate whether the facts presented create an appearance of impropriety
which ~s unacceptable or which would affect the confidence of the public ~n the officer's
ability to be rrnparfial. I have opined that you may participate m the transaction after
disclosure. However, if you are concerned that parucipatmg in the transaction, even after
disclosure, could create an unacceptable appearance, you may abstain from voting under §
2.1-639.14(E) provided that you first disclose your interest in the transacuon.
Please contact me should you desire any additional reformation.
Very truly yours,
tto e
RMB/clb
Enclosure
- 29 -
Item III-L2. e.
PUBLIC HEARING
ITEM #36677
PLANNING
Jim Arnhold, 2414 Whaler court, Phone: 486-6100, represented the applicant
The following registered in OPPOSITION:
George Heuser, 1744 Jack Front Road, Phone: 464-2330, President - Lake Shores Civic League. Mr.
Heuser presented petitions in OPPOSITION containing 298 signatures, which are hereby made a part
of the record.
Manuel Ramos, Jr., 1632 Jack Frost Road, Phone: 363-8689, represented adjacent proeprty owners to
subject property.
Mike Shaheen, 1636 Jack Frost Road, Phone: 363-8836, adjacent resident.
Upon motion by Councilman Jones, seconded by Councilman Brazier, City Council DENIED the
application of HAll', INC. for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires
all lots created by subdivision meet all requirements of the City Zoning Ordinance, at the northwest
intersection of Northampton Boulevard and Jack Frost Road.
Appeal from Decisions of Administrative Offices in regard to certain
elements of the Subdivision Ordinance, Subdivision for HAH Inc
Property is located at the northwest intersection of Northampton
Boulevard and Jack Frost Road. BAYSIDE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Bautn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf,, Nancy IC Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
April 13, 1993
- 30 -
Item III-J. 1.2.
APPOINTMENTS
ITEM #36678
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
DEVELOPMENT AUTHORITY
FRANCIS LAND HOUSE BOARD OF GO~RNORS
April 13, 1993
- 31 -
Item III-J. 3.
APPOINTMENTS
ITEM #36679
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
EROSION COMMISSION
Donald F. Bennis
Thomas E. Fraim
Ernestine K. Middleton
Adin K. Woodward
4- Year Terms
5/1/93 - 4/30/97
Voting: 10-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D.
Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
April 13, 1993
Item llI-J. 4.
APPOINTMENTS
ITEM 1136680
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
MEDICAL COLLEGE OF HAMPTON ROADS
Jane K. Eilertsen
3-Year Term
6/1/93 - 5/31/96
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
April 13, 1993
Item III-L. 1.
NEW BUSINESS
ITEM # 36681
COUNCIL-SPONSORED ITEM
The Ordinance to AMEND and REORDAIN Section 23-2 of the Code of the City of Virginia Beach,
Virginia, re curfew for minors, was included by Mayor Oberndorf in the City Council Agenda for
discussion.
City Manager will meet with the various area City Managers and Chiefs of Police of Norfolk, Portsmouth
and Chesapeake to discuss a blanket curfew ordinance that will apply to all areas within the region.
A matrix relative this curfew as it applies to the various other areas has been prepared by the City
Attorney. A matrix comparison of Virginia Beach, Norfolk, Chesapeake and Portsmouth curfew ordinances
was distributed to City Council.
April 13, 1993
- 34 -
Item III-L. 2.
NEW BUSINESS
ITEM # 36682
BY CONSENSUS, City Council APPOINTED:
VIRGINIA MUNICIPAL LEAGUE
1993 POLICY COMMITTEE NOMINATIONS
Community and Economic Development
Councilman Linwood O. Branch, III
Education
Council Lady Nancy K. Parker
Effective Government
Councilman Robert K. Dean
Environmental Quality
Mayor Meyera E. Oberndorf
Human Development
Councilman Robert W. Clyburn
Public Safety
Councilman James W. Brazier, Jr.
Transportation
Councilman John D. Moss
April 13, 1993
Item III-M. 1.
ADJOURNMENT
ITEM # 36683
Mayor Oberndorf DECLARED the Meeting ADJOURNED at 3:05 P.M.
CMC
Chief Deputy City Clerk
Ruth Hodges Smith, CMC/AAE
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
April 13, 1993