FEBRUARY 23, 1993 MINUTES
UTY COU'\jCIL
.....,
Cit:v- <Jî VTirgir1ia I3each
"WORLD'S LARGEST RESORT CITY"
\t4\'OR \1EYERA E OBERIIJDORF At /....Jrge
VI( E \1AYOR WILLIA\1 D SESSOMS JR At Large
Jall'l. 4 BAUM Bladru:ater Borough
U 'I. U. OOD 0 BRASCH III VlTglma Beach Borough
J \.\11:~ U. BRAZIER JR Lvnnhavln &rough
I<OBfRT W en BURN Kempst'llIe &rough
¡<OBERT K DEA,'I,' Pnnw5 Anne Borough
LOllS R JO'l,'ES Ba\<1de Borough
P4L'I , L4NTEIG"lE Pungo &rough
IO/-I"l D \10~ At Large
'l.4-\Lì J... PARKER At Large
J4\-If~ K SPORE C,t\ Manager
LE~LI[ L LILLEr C,tv Attarn....
RL T/-I H()DGl:S ~,\1ITH C\1C ME C'h Clerk
CITY COUNCIL AGENDA
281 CIIT HAU BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456 9005
/8041 42ì 4303
I.
A.
II.
A.
III.
A.
FEBRUARY 23, 1993
CITY MANAGERIS BRIEFINGS
- Council Chamber -
3:30 PM
FY 1993/1994 REAL ESTATE ASSESSMENTS
Jerald D. Banagan, City Assessor
B.
RESORT BEACH AREA PLAN
Roger F. Newill, Chairman, Resort Area Advisory Commission
C.
MUNICIPAL CENTER PARKING STUDY
Henry Ruiz, Director, Parking Systems Management
INFORMAL SESSION
- Council Chamber -
5:00 PM
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
ROLL CALL OF CITY COUNCIL
C.
RECESS TO EXECUTIVE SESSION
FORMAL SESSION
- Council Chamber -
6:00 PM
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend J. D. Seward
Brook Baptist Church
C.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D.
ELECTRONIC ROLL CALL OF CITY COUNCIL
E.
CERTIFICATION OF EXECUTIVE SESSION
F.
MINUTES
1. INFORMAL & FORMAL SESSIONS
- February 9, 1993
G.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
1.
Ordinance to authorize acquisition of temporary and perpetual easements of right-of-way
for Salem Canal Improvements Project (CIP 2-823), either by agreement or
condemnation.
2.
Ordinance authorizing Tax Refunds in the amount of $10,179.56.
3.
Ordinance authorizing License Refunds in the amount of $3,316.49.
H.
PUBUC HEARING
1.
PLANNING
a.
Application of WALTER J. MOORE III and LYNN W. MOORE for a
ondition I Use rmit for three 3 in Ie-fa iI dwellin in the
A - A ricultural District at the Southeast corner of Morris Neck Road and
Fitztown Road, containing 3.38 acres (PUNGO BOROUGH).
Recommendation:
APPROVAL
b.
Application of FUN SPORT OF VIRGINIA BEACH for a i' n s . for
a r io d ent f iI' fan tor natu ditiona a s ment
~ on the North side of Virginia Beach Boulevard, 1600 feet more or less East
of Birdneck Road (962 Virginia Beach Boulevard), containing 4 acres
(LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
c.
Application of MANUEL A. HIPOL and CONRADO B. DABU for a Conditional
han e of ni istrict la si i tion from R-10 Residential istrict to
ffice i tri t on the Southeast side of Baxter Road beginning at a point
1200.20 feet Northeast of Princess Anne Road (4859 Baxter Road), containing
19,471 square feet (KEMPSVILLE BOROUGH).
Recommendation:
APPROVAL
d.
Re property on the West side of Charity Neck Road, 2665 feet North of
Nanney's Creek Road (4353 Charity Neck Road) , containing 37.05 acres
(PUNGO BOROUGH):
Application of KENNETH L AND RUTH G. BRIDGES for a Variance to
Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by
subdivision to meet all requirements of the Zoning Ordinance;
AND,
Recommendation:
APPROVAL FOR BOTH APPLICATIONS
e.
Application of WILLIAMS HOLDING CORPORATION for a iti nal e P r it
for a .borrow pit 200 feet more or less North of Kempsville Road beginning at a
point 290 feet more or less West of Centerville Turnpike, containing 35.7 acres
(KEMPSVILLE BOROUGH).
Recommendation:
APPROVAL
1.
Application of WILLIAMS HOLDING CORPORATION and JOSEPH E. and
JACK P. BURROUGHS for a . i r it for i I fa i s in
the A -1 an G- r' cu ral . i on the Southwest side of
Seaboard Road, 3500 feet more or less Northwest of Princess Anne Road,
containing 264.62 acres (PRINCESS ANNE BOROUGH).
Deferred:
June 23, 1992, September 22, 1992, and October 27, 1992
Recommendation:
DENIAL
I.
APPOI NTMENTS
PERSONNEL BOARD
RESORT AREA ADVISORY COMMISSION (Resignation)
VIRGINIA BEACH CRIME TASK FORCE
J.
UNFINISHED BUSINESS
K.
NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS:
L.
a.
Resolution extending an invitation to Churchill Downs, Inc. to officially visit the
City of Virginia Beach re establishment of Virginials first horse racing facility in
this City.
(Sponsored by Mayor Meyera E. Oberndorf and Vice Mayor W. D. Sessoms, Jr.)
b.
Resolution recommending the Commonwealth of Virginia, the Commonwealth
Transportation Board and the Virginia Department of Transportation aggressively
pursue planning, funding and construction of the road connecting NorlolkNirginia
Beach, Northeastern North Carolina and Raleigh, North Carolina (IIRoad to
Raleighll) utilizing the existing Route 17 Corridor and Interstate 64; and, include
the Southeastern Expressway as part of this highway demonstration project.
(Sponsored by Mayor Meyera E. Oberndorf and Councilman Louis R. Jones)
ADJOURNMENT
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 23, 1993
Mayor Meyera E. Oberndorf called to order the CITY MANAGERS BRIEFINGS of the VIRGINIA
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 23, 1993,
at 3:30 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor ..Veyera E. Oberndorf, Nancy K Parker and VIce Mayor
Wzlliam D. Sessoms, Jr.
Council Members Absent:
None
-2-
C I T Y MAN AGE R 's B R I E FIN G
FY 199311994 REAL ESTATE ASSESSMENTS
3:30 P.M.
ITEM # 36525
Mr. Jerald D. Banagan, Real Estate Assessor, advised on Friday, February 26, 1993, the Assessor's Office
will mail Notices of Assessment for the fiscal year 1994. Only those property owners whose assessment
changed will receive an assessment notice. Approximately 16% of all properties will receive a decrease
in assessment and approximately 180/0 will receive an increase.
Mr. Banagan distributed a copy of his report which is hereby made a part of the record.
The projected 1994 assessment of $16,674,000,000 represents a 1% increase over the current assessment.
Each penny of the tax rate relates to $1,667,000 in revenue for a total of $191,000,000 at the approved
rate of $1.147.
Mr. Banagan referenced Page 4 of his report detailing the Percent of Change in Assessments. The
average assessment change for individual properties is approximately +0.45%, however, this figure varies
citywide depending on the age, type, quality, classification and location of the property. The average
assessment change for residential property is +0.56% and for commercial/industrial property the average
change is -0.73%.
Page 7 cites information regarding residences. There are 114,989 residents in the City. Approximately
72% of these are single-family homes. Median and Mean Assessment rates are reflected for each of
the types of residences. Single family homes have a mean average increase of 1.3%. Wzth each of the
other categories: townhouses, condominiums, duplexes, the mean assessment declined slightly.
Page 8: The top chart depicts the percent of all residences and their assessed value. About 4%,
comprising approximately 4400 homes (prilTUlrily townhouses and condominiums), are assessed less than
$50,000 with an average of $43,000. 34% of the residences are less than $75,000, 64% of the residences
are less than $100,000, with 84% less than $150,000. Approximately 4% of the cities' homes,
approximately 4100 homes, are valued greater than $250,000. The average for this class is $375,000.
Page 9 reflects a breakdown of the "housing stock". Page 11 depicts Assessment Comparison By
Clilssificalion. Commercial property, as a class, dropped from 19.8% to 19.3% of the City's tax base.
This past year 85% of the City's new construction was residential. Page 12 describes the Change In
Property Value By Clilssification:
General Commercial property
Office Buildings
Apartments
Residential
Townhouses
Condominiums
increased $31 -MILUON
decreased $32 -MILLION
increased $12 -MILUON
increased $250-MILUON
decreased $17 -MILUON
increased $ 7 -MILLION
Page 14 details the AnnlUÚ New Construction. New construction for the past 12 months amounted to
$206,000,000, which is a decrease of 7% from the previous year. Residential new construction was
actually up by 6%., but commercial/industrial new construction was down by 45%. Even during the past
few years of economic slow down, commercial new construction has stayed at approximately 25% of the
yearly new construction total. This past year that dropped to 15%. Growth in land due to rezonings and
subdivision amounted to approximately $14,730,000. Total growth in land and buildings amounts to
approximately 1% of the tax base.
February 23, 1993
-3-
C 1 T Y MAN AGE R 'S B R 1 E FIN G
FY 199311994 REAL ESTATE ASSESSMENTS
ITEM # 36525 (Continued)
Vacancies in office buildings are still running about 18% citywide. Page 21, Land Use Taxation
Program, depicts the acreage in this program continues to decline each year. Agriculture Iilnd increased
by $50 an acre and forest Iilnd increased by $20 an acre.
Page 23 reiterates information on the Senior Citizen and Disabled Persons Exemption Program. For the
current year 1993, this program exempted taxes in the amount of $939,000. The limits have been
increased by $2,000 for 1994.
Councilman Baum referenced his letter of February 23, 1993 to Jerald Banagan, Real Estate Assessor,
requesting justification from SLEAC for the 1994 proposed value of $395 per acre for good forest land
in Vlrginia Beach. Said letter is hereby made a part of the record.
February 23, 1993
-4-
C I T Y MAN AGE R 's B R I E FIN G
WHITE PAPERS
FY 1993-1994 OPERATING BUDGET
4:15 PM.
ITEM # 36526
Mayor Obemdorf advised there are still 28 "White Papers" remaining for discussion. The City Manager
had forwarded a questionnaire requesting City Council 's advice on each item. The Mayor had received
requests to discuss these issues in more depth and wished same scheduled for the City Council Session
of Tuesday, March 2, 1993, at 9:00 A.M.
February 23, 1993
-5-
C I T Y MAN AGE R 's B R I E FIN G
RESORT BEACH AREA PLAN
4:22 PM.
ITEM # 36527
Roger F. Newil~ Chairman - Resort Area Advisory Commission, advised he contacted representatives of
EDA W, an Urban Design firm which has been utilized for activities involving the oceanfront, and
Economics Research Associates, Urban Economists. Bill Owens of ERA is a Resort Economist and
consultant to a most impressive list of resort cities. On Tuesday, January Nineteenth to Thursday, January
Twenty-first, these representatives plus Directors of City Departments met to prepare a conceptual plan
for the Resort Beach. The Hotels in the three-mile strip have approximately 6,000 parking spaces, three-
fourths of which are east of Atlantic Avenue. The Pavilion, when enlarged, will have 3,000 parking
spaces. The Marine Science Museum, when enlarged, will have parking for 750 cars. Essentially many
parking spaces are created for the same individual. If one has a parking space at a hotel and does not
believe he can conveniently get to the Pavilion, another parking space must be built. A 40% decrease in
the total number of parking spaces could be derived, if they can be linked by a system "regular as an
escalator". A jitney system is the easiest and most flexible.
Mr. Newill advised the end of Laskin Road is charged with potential. This is a six block long area
encompassing incredible amenities. At one end is a fresh water Marina and on the other side of the street
is a City Park. Within six blocks lies the oceanfront. On a summer day, there are 25,000 tourists here with
an average income of $55,000. If this area could be developed into a much more pedestrian area with
landscaping and significantly more parking, the potential is tremendous.
During the three day conference, there was an emphasis on the City not recognizing or mtU'keting
effectively the activities available. The goal seems to be aimed at drawing tourists to the Resort, but not
thoroughly advising them on areas of interest once the tourist arrives. Vlrtually every kind of natural
water, short of mountain rafting, is available, but the tourist is not advised.
Mr. Newill advised the GOALS:
Tourism Industry profitable to the City.
Profitability comes from uniqueness.
Quality is paramount.
Quality is in physical environs and type of visitor.
Quality is in diversity of experience
Quality is in linkage to other attractions
Quality is in natural resource compatibility.
The Pavilion, for all intents and purposes, is close enough to the Ocean. It must be made to feel like it
is connected to the Ocean. A public space should be created with more green and much broader so that
mentally and visually the Pavilion is linked to the oceanfront. This is an extremely strong element. The
primary criteria for a convention hotel is to be attached to a convention center, in this case the Pavilion.
The oceanfront is not the primary criteria. The best" bait" for the convention hotel may be to make the
Pavilion addition a part of the hotel.
Mr. Newill distributed a copy of his draft report, which is hereby made a part of the record.
Mr. Newill suggested a formal presentation to the Planning Commission and the Economic Development
Commission. A presentation will be held at the Cavalier for the "Cavalier group" (volunteers of
Commissions involving resorts).
February 23, 1993
-6-
C I T Y MAN AGE R 's B R I E FIN G
MUNICIPAL CENTER PARKING AREA
ITEM # 36528
BY CONSENSUS, City Council RESCHEDULED the MUNICIPAL CENTER PARKING AREA Briefing.
February 23, 1993
-7-
ITEM # 36529
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 23, 1993, at 5:45 P.M.
Voting:
11-0
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, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor
WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 23, 1993
-8-
ITEM # 36530
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of VIrginia, as amended, for the following purposes:
. Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To- Wzt: Appointments - Boards and Commissions:
Personnel Board
Resort Area Advisory Commission
VIrginia Beach Crime Task Force
Performance Evaluations - Council Appointees
: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly -held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To- Wzt: Acquisition of Real Property - Transition Area III
and VIrginia Beach Borough
Upon motion by VIce Mayor Sessoms, seconded by Councilman Clyburn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting:
11-0
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, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor
Wzlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 23, 1993
-9-
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
February 23, 1993
6:00 PM.
Mayor Meyera E. Obemdorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 23, 1993, at 6:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION:
Reverend J. D. Seward
Brook Baptist Church
February 23, 1993
- 10 -
~
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 36531
Upon motion by VIce Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by VIrginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
VIrginia Beach City Council.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor
WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 23, 1993
Ittsn utinu
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Vlrglnla Beach Clty Councll convened lnto EXECUTIVE
SESSION, pursuant to the afflrmatl ve vote recorded In ITEM # 36530,
Page No.8, and In accordance Wl th the prOV1Slons of The Virginia
Freedom of Information Act; and,
WHEREAS: Sectlon 2.1-344.1 of the Code of Vlrglnla requlres a
certification by the governlng body that such Executl ve Sesslon was
conducted In conformlty wlth Vlrglnla law.
NOW, THEREFORE, BE IT RESOLVED: That the Vlrglnla Beach Clty
Councll hereby certifles that, to the best of each member's knowledge,
(a) only publlC buslness matters lawfully exempted from Open Meetlng
requlrements by Vlrglnla law were dlscussed In Executl ve Sesslon to
whlch thlS certlflcatlon resolution applies; and, (b) only such publlc
buslness matters as were ldentlfled In the motlon convenlng thls
Executl ve Sesslon were heard, dlscussed or consldered by Vlrglnla
Beach Clty Councll.
Q~-
uth Hodges mlth, CMC/AAE
Clty Clerk
February 23, 1993
- 11 -
~
MINUTES
ITEM # 36532
Upon motion by Yiee Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of February 9, 1993.
Voting:
11-0
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, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Yice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 23, 1993
- 12 -
Item ¡Y-G.1..
PRESENTATIONS
ITEM # 36533
Mayor Oberndorf introduced the following Scouts in attendance to earn their merit badges:
BOY SCOUT
Troop 442
Geromie Ison
Jay Headley
Josh Sheeley
Nick Ostarhont
Kenny Palmer
Maury Riganto
Mike Sheeley
Nathan Etheridge
A. J. Etheridge
Jared Vogel
Troop 301
Jan Manley
Committee Chai17TUln
Da"el Harding
Merit Badge CounciUor
Mike Roberts
Varsity Crew Chief
Grant Alto11Ulre
Assistant Varsity Crew Chief
Troop 65
Jason F edita
Jacob Tonkin
Jason Hoff11Uln
Keith Corülo
David Tomko
Brian Rollins
A. J. Kramer
Beverly Anderson - Merit Badge Counselor
Troop 493
Scott Hazelwood
Girl Scout
Kristin Hazelwood
February 23, 1993
- 13 -
l1m1..lll=ß.
CONSENT AGENDA
ITEM # 36534
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED in ONE
MOTION Items 1, 2 and 3 of the CONSENT AGENDA.
Voting:
11-0
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, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 23, 1993
- 14 -
~
CONSENT AGENDA
ITEM # 36535
Upon motion by VIce Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED:
Ordinance to authorize acquisition of temporary and perpetual easements
of right-of-way for Salem Canal Improvements Project (CIP 2-823),
either by agreement or condemnation.
This project shall include the mitigation impact of North Landing River, as well as that of this project
and include the new Environmental Water Quality Standards.
Voting:
11-0
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, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor
WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 23, 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
1
2
3
4
AN ORDINANCE TO AUTHORIZE ACQUISITION OF
TEMPORARY AND PERPETUAL EASEMENTS OF RIGHT OF
WAY FOR SALEM CANAL IMPROVEMENTS PROJECT, CIP
2-823, EITHER BY AGREEMENT OR CONDEMNATION
5
WHEREAS, in the opinion of the Council of the City of
6
Virginia
the
Virginia,
a public
necessity exists
Beach,
for
7
construction of this important drainage project for public purposes
8
for the preservation of the safety, health, peace, good order,
9
comfort, convenience, and for the welfare of the people in the City
of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
Section 1.
That the City of Virginia Beach is hereby
authorized to acquire by purchase or condemnation pursuant to
Sections 15.1-236, et seq., 15.1-898, 15.1-899, 25-46.1, et seq.,
and Section 33.1-89, et~, Code of Virginia of 1950, as amended,
certain temporary and perpetual easements of right of way as shown
on the location map entitled "SALEM CANAL IMPROVEMENTS C.I.P. #2-
823 SCALE:
1" = 1600'," which said location map is on file in the
Office of Real Estate, Department of Public Works, Virginia Beach,
Virginia.
Section 2.
That the City Manager is hereby authorized to
make or cause to be made on behalf of the City of Virginia Beach,
to the extent that funds are available, reasonable offers to the
owners or persons having an interest in said lands, and if refused,
the City Attorney is hereby authorized to institute eminent domain
proceedings to acquire said easements by condemnation.
Adopted by the council of the City of Virginia Beach,
Virginia, on the 23
day of February
, 1993.
CA-5005
ORDIN\NONCODE\CA-5005.0RD
R-l
ROVED AS TO CONTENTS
¿If fl1IY C. ('
~p SIGNA
~' C Ilkk
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICI~ AND FORM
£. ;..¿; -kJ - - ... - i( I
CITY ATTORNEY ,
- 15 -
~
CONSENT AGENDA
ITEM 1# 36536
Upon motion by VIce Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED:
Ordinance authorizing tIlx refunds in the amount of $10,179.56 upon
application of certain persons and upon certification of the City
Treasurer for payment.
Voting:
11-0
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, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 23, 1993
FORM NO C A 7
2/10/93
EM
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERT AIN 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.
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Year of Tax Number tlon No. Paid
Gary Builders Ine 93 RE(I/2) 41347-4 12/2/92 170.20
Gary Builders Ine 93 RE(I/2) 41348-3 12/2/92 174.67
Gary Builders Ine 93 RE(I/2) 41349-2 1~/2/92 67.31
Gary Builders Ine 93 RE(1/2) 41350-8 12/2/92 76.30
Gary Builders Ine 93 RE(1/2) 41351-7 12/2/92 191. 79
Gary Builders ine 93 RE(1/2) 41352-6 12/2/92 27.25
Gary Builders Ine 93 RE(1/2) 41353-5 12/2/92 27.25
Gary Builders Ine 93 RE(1/2) 41354-4 12/2/92 27.25
Gary Builders Ine 93 RE(1/2) 41355-3 12/2/92 27.25
Gary Builders Ine 93 RE(1/2) 41356-2 12/2/92 35.43
Lattie C Yates 93 RE(1/2) 129479-7 1/21/93 169.36-
Fern T Bugg 93 RE(1/2) 115532-1 1/21/93 61. 48
Norman C & Susan Creech 93 RE(1/2) 25233-4 12/5/92 81.75
Va Mountain Housing 93 RE(1/2) See Listinq 12/31/92 3,528.65
Keith F White 92 RE(1/2) 123546-0 3/31/92 77.33
Keith F White 92 RE(2/2) 123546-0 9/2/92) 72.30
Wallace B Smith 89 RE 43751-5 2/2/9] 225.31
Bane Plus Savings Assoe 91 RE ( 1/2) 59694-7 11/26/90 2.79
Bane Plus Savings Assoe 91 RE(2/2) 59694-7 6/5/91 2.79
Bane Plus Savings Assoe 92 RE(1/2) 60225-2 11/26/91 2.95
Bane Plus Savings Assoe 92 RE(2/2) 60225-2 6/5/92) 2.95
Tammy Cooper 93 Doq V05583 1/28/93 5.00
Tota 1
5,057.36
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
--'~ I) ,0 I) 7 .36 were approved by
the Council of the City of V I rglnla
Beach on the-2.3- day of February., 1993
Approved as to form
Ruth Hodges Smith
City Clerk
FORM NO C A 7
2/3/93
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR P A YMEN T
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
EMC
That the following applications for tax refunds upon certification of the Treasurer are hereby approved'
NAME
Tax
Year
Ticket
Number
Total
Type
of Tax
Exonera-
tion No
Date
Paid
Penalty
I nt
Winfrey T Wade
George A & Jane
BaTS Associates
Ruby E Roach
Debbie K Yancie
93 RE(1/2) 47836-9
92 RE(2/2) 116094-0
(See attached listing)
N/A Pkng 374909
93 Dog V24807
W Towns
L P
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$5,122.20 were approved by
the Council of the City of Virginia
Beach on the-l.-3-- day of February ~
Ruth Hodges Smith
City Clerk
10/9/92
8/26/92
11/2/92
1/20/93
Total
Approved as to form,
7.19
66.80
5,026.21
20.00
2.00
5,122.20
- 16 -
¡tem ID-G.3.
CONSENT AGENDA
ITEM 1# 36537
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED:
Ordinance authorizing license refunds in the amount of $3,316.49 upon
application of certain persons and upon certification of the Commissioner
of the Revenue for payment.
Voting:
11-0
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, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 23, 1993
FORM NO CA 8 REV 3186
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
Revenue are hereby approved'
That the following applications for license refunds, upon certification of the Commissioner of the
NAME
Total
License
Year
Date
Paid
Base
Penalty
Int
Beachcare Inc.
3760 Surry Road
Virginia Beach, VA
23455
China Chef Express Corp.
917 Roundtable Court
Virginia Beach, VA 23464
East Coast Draftlng Inc.
1061 Daniel Maloney Drive
Virginia Beach, VA 23464
Hair Tech Inc.
T/A Hair Tech
5660 Indlan River Road
Virginia Beach, VA 23464
1991
Audlt
76.30
76.30
1991-92
Audlt
30.60
30.60
1991
Audlt
273.46
273.46
1991-92
Audit
646.84
646.84
Certified as to Payment
Approved as to form
e*sof.. - ð~
Leslie L Lilley
City Attorney
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 1,027.20
of the City of Virginia Beach on the 23
were approved by the Council
day of
February
,19 93
Ruth Hodges Smith
City Clerk
"
,
,
FORM NO CA 8 REV 3186
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.
Revenue are hereby approved
That the following applications for license refunds, upon certification of the Commissioner of the
NAME
Total
License
Year
Date
Paid
Base
Penalty
Int
Kyle, Sandra R.
T/A The Coffee Garden
260 Wlndbrooke Lane
Vlrginla Beach, VA 23462
1989-91
Audit
118.56
118.56
Low Country Landscapes Inc.
546 Biltmore Drlve 1991
Virglnia Beach, VA 23454
M C V Inc. 1992
T/A Vans Greenhouse & Nursery
1305 Kempsville Road
Chesapeake, VA 23320
Willett, Henry I. Jr.
T/A Video Vacation
3510 Kenrnore Drive
Hampton, VA 23661
Audit
458.29
458.29
Audit
1,652.44
1,652.44
1989-91
Audit
60.00
60.00
Certified as to Payment
/' 22~~
c~obert P Vaughan
Commissioner of the Revenue
--
Approved as to form
~ Æ:l¡
eslle L LIlley v
City Attorney
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 2,289.29
of the City of Virginia Beach on the
Ruth Hodges Smith
City Clerk
were approved by the Council
23
11993
Febr1J~ry
day of
"
"
,
,
- 17-
i1JæLlll::.U..
PUBUC HEARING
ITEM # 36538
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBUC HEARING on:
PLANNING
1.
(a) WALTER J. MOORE, III and LYNN W. MOORE
(b) FUN SPOT OF VIRGINIA BEACH
(c) MANUEL A. HIPOL AND
CONRADO B. DABU
(d) KENNETH L. AND RUTH G. BRIDGES
AND,
JOEL W. AND JEANEITTE B. MILLER
(e) WILLIAMS HOLDING CORPORATION
(f) WILLIAMS HOLDING CORPORATION
AND,
JOSEPH E. AND JACK P. BURROUGHS
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
VARIANCE TO SECTION 4. 4 (b)
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
February 23, 1993
-18 -
~
PUBUC HEARING
ITEM # 36539
PLANNING
Joey Moore, 765 Princess Anne Road, Phone: 426-5419, represented the applicant
Upon motion by Councilman Lanteigne, seconded by councilman Brazier, City Council ADOPTED an
Ordinance upon application of WALTER J. MOORE, 111, & LYNN W. MOORE for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF WALTER J. MOORE, III AND
LYNN W. MOORE FOR A CONDITIONAL USE PERMIT FOR A
SINGLE FAMILY DWELLINGS IN THE AG-2 AGRICULTURAL
DISTRICT RO2931804
BE IT ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Walter J. Moore, III & Lynn W. Moore
for a Conditional Use Permit for 3 single family dwellings in the AG-2
Agricultural District on certain proeprty located at the southeast corner
of Morris Neck Road and Fitztown Road. Said parcel contains 3.38 acres.
PUNGO BOROUGH
The following conditions shall be required:
1.
A one foot no ingress/egress easement is required along Morris
Neck and Fitztown Roads except at the two depicted entrances.
2.
This subdivision is approved for a total of three (3) residential
lots.
3.
The proposed tree planting buffers shall be depicted on the
final plat and established prior to occupancy.
4.
Erosion and sediment control measures must be noted and
described for any land disturbance, exceeding 2500 square feet,
on the site development plan.
5.
Development shall be limited to two (2) lots per year.
This Ordinance shall be effective in accordance with Section 107 W of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty -thirlt of &bruary.
Nineteen ~ Ninety- Three.
February 23, 1993
-19 -
~
PUBliC HEARING
ITEM 1# 36539 (Continued)
PLANNING
Voting:
7-4
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Louis R. Jones, Paul J. Lanteigne and nce Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
Robert K Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker
Council Members Absent:
None
February 23, 1993
~
PUBUC HEARING
PLANNING
- 20-
ITEM # 36540
Michael Patrick, 962 VIrginia Beach Boulevard, Phone: 422-4101, represented the applicant
Upon motion by Councilman Brazier, seconded by VIce Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of FUN SPOT OF VIRGINIA BEACH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF FUN SPOT OF VIRGINIA
BEACH FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL
AND AMUSEMENT FACILI1Y RO2931805
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Fun Spot of VIrginia Beach for a
Conditional Use Permit for a recreational and amusement facility of an
outdoor nature (additional amusement rides) on the north side of VIrginia
Beach Boulevard, 1600 feet more or less east of Birdneck Road. Said
parcel is located at 962 VIrginia Beach Boulevard and contains 4 acres.
LYNNHA VEN BOROUGH.
The following conditions shall be required:
1.
The use permit is approved for a two year period. At the end of
the two years, the applicant is required to resubmit and provide
a master plan for the subject site depicting any additional
amusement rides and those improvements which will bring the
site into compliance with current site improvement
requirements.
2.
That portion of the fencing and track encroaching into the 19th
Street right-of-way shall be removed. The track is to maintain
a minimum ten (10) foot setback from the right-of-way line.
The fence may be relocated to align with the existing fencing
just inside of the right-of-way line on the subject site.
3.
Landscape plantings consisting of red multi -stem crepe myrtle
trees five to six feet in height, at planting, on 15 foot centers
with a hedge consisting of golftide osmanthus shrubs, two to
three feet in height, at planting, on three foot centers are
required for the area between the right-of-way line and
curbing along 19th Street.
4.
Hours of operation shall be 11:00 A.M. - 11:00 P.M.,
weekdays; 11:00 A.M. - Midnight, weekends.
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 Twenty-third of February~
Nineteen ~ Ninety- Three.
February 23, 1993
- 21 -
~
PUBliC HEARING
ITEM # 36540 (Continued)
PLANNING
Voting:
11-0
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, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
Wzlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 23, 1993
- 22-
~
PUBliC HEARING
ITEM # 36541
PLANNING
Nony E. Abrajano, 972 Aspen Drive, Phone: 671- 7434, represented the applicant
The following spoke in OPPOSITION:
Minnie S. Hughes, 4837 Baxter Road, expressed concern relative the location of the parking lot.
Doris Alston, 4875 Baxter Road
Henry Beard, 4875 Baxter Road
Upon motion by Councilman Clyburn, seconded by VIce Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of MANUEL A. HIPOL and CONRADO B. DABU for a Conditional
Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF MANUEL A. HIPOL AND
CONRADO B. DABU FOR A CONDITIONAL CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-IO to 0-2 Z02931378
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Manuel A. Hipol and Conrado B. Dabu
for a Conditional Change of Zoning District Classification from R -1 0
Residential District to 0- 2 Office District on the southeast side of Baxter
Road beginning at a point 1200.20 feet northeast of Princess Anne Road.
The proposed conditional zoning classification change to 0-2 Office
District is for a cultural center. The Comprehensive Plan recommends
use of this parcel for office use in accordance with other Plan policies.
Said parcel is located at 4859 Baxter Road and contains 19,471 square
feet. KEMPSVILLE BOROUGH.
The following condition shall be required:
1.
An agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court and is hereby made a part of the
record.
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 Twenty-third of &.bruary.
Nineteen ~ Ninety - Three.
February 23, 1993
- 23 -
~
PUBUC HEARING
ITEM # 36541 (Continued)
PLANNING
Voting:
11-0
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, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 23, 1993
F'ORM""O P S 18
City- of Virgir1ia Beach
INTER-OFFICE CORRESPONDENCE
In Reply Please Refer to PF- 3 319
DATE:
February 17, 1993
FROM:
Leslie L. Lilley
Gary L. Fentressðt~
DEPT:
DEPT:
City Attorney
City Attorney
TO:
RE:
Hipol & Dabu
United Filipino Organization
Conditional Zoning
The enclosed proffer agreement, submitted by the referenced
applicants, is acceptable as to legal form.
GLF/dhh
Enclosure
'" Û~(~: ..,-
1'.-} ~:' ~ "'11( 1 fVE
".1 - I V .'t:.J .i..
D~C 2 8 1992
Development Services Center
THIS AGREEMENT made this :21'Þ day of ft~ t!!~6~ ,
1992 by and between COUNCIL OF UNITED FILIPINO ORGANIZATIONS OF
TIDEWATER VIRGINIA, INC., a virginia corporation, hereinafter
referred to as Grantor, and the CITY OF VIRGINIA BEACH, a municipal
corporation of the commonwealth of Virginia, hereinafter referred
to as Grantee.
WIT N E SSE T H a
WHEREAS, the Grantor has initiated an amendment to the Zoning
Map of the City of Virginia Beach, Virginia by petition of the
Grantor addressed to the Grantee, so as to change the
classification of the Grantor's property from R-lO (Residential) to
0-2 (Office), on certain property containing a total of 0.447
acres, more or less, in the Kempsville Borough of the City of
Virginia Beach, Virginia, more particularly described in the
attached Exhibit "An (hereinafter the Property).
WHEREAS, the Grantee's policy is to provide only for the
orderly development of land, for various purposes, including office
purposes, through zoning and other ¡and qeve¡opment legislation;
and
WHEREAS, the Grantor acknowledges that the competing and
sometimes incompatible development of various uses conflict and
that in order to permit differing uses on and in the area of the
subject property and at the same time to recognize the effects of
the changes, and the need for various types of uses, including
those listed above, certain reasonable conditions governing the use
of the Property for the protection of the community that are not
generally applicable to land similarly zoned are need to resolve
the situate to which the Grantor's zoning application gives rise;
and
WHEREAS, the Grantor has voluntarily proffered in writing in
advance of and prior to the public hearing before the Grantee, as
part of the proposed amendment to the Zoning Map, in addition to
the regulations provided for in the existing zoning district by the
existing Comprehensive Zoning Ordinance the following reasonable
conditions related to the physical Qevelopment, operation and use
of the Property to be adopted as part of said amendment to the new
zoning Map relative to the property Qescribed above, which has
reasonable relation to the rezoning and the need for which is
generated by the rezoning; and
WHEREAS, said conqitions having been proffered by the Grantor
and allowed and accepteq by the Grantee as part of the amendment to
the Zoning Ordinance, shall continua in full force and effect until
a subsequent amendment changes the zoning on the Property conveyed
by such conditions; provided, however, that such conditions shall
continue despite a subsequent amendment if the subsequent amendment
~
I
J
is part of the comprehensive implementation of a new or
substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by a written
instrument recorded in the Clerk's Office of the circuit Court of
the City of Virginia Beach, Virginia, and executed by the record
owner of the subject property at the time of recordation of such
instrument; provided, further, that said instrument is consented to
by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the
Grantee, after a public hearing before the Grantee advertised
pursuant to the provisions of the Code of Virginia, section 15.1-
431, which said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent.
NOW THEREFORE, the Grantor, for themselves, their successors,
assigns, grantees and other successors in title or interest,
voluntarily and without any requirement by or exaction front he
Grantee or its governing body and without any element of compulsion
of quid pro quo for zoning, rezoning, site plan, building permit or
subdivision approval, hereby makes the following declaration of
conditions and restrictions as to physical development, operation
and use of the Property and hereby tenders the following covenants
running with the said Property, which shall be binding upon the
Property and upon all parties and person claiming under or through
the Grantor, their successors, personal representatives, assigns,
grantees and other successors in interest or title, namely:
1. The property shall be used exclusively to build a
community center which would serve as a sanctuary to promote and
preserve the Filipino American culture. Specifically the facility
would:
a. Serve as the primary center for social events such
as dances and pageants of the Filipino community.
b. House weekly meetings for the various Filipino
organizations in the Council of United Filipino organizations of
Tidewater, hereinafter referreQ as CUFOT and CUFOT itself.
c. Sponsor religious activities and functions
which the churches could not hold themselves.
of
d. Offer services to Filipino immigrants arriving to
the United States such as processing of passports and visas by the
consular Services of the Philippine ~mbassy.
e. House
anniversaries, etc.
private
parties
for
baptism,
weddings,
f. House fund-raisers and events for The Children's
Hospital of the 1<lng5 Daughters, Volt¡nteer Rescue Squads, poll tical
campaigns and other similar organiz~tions.
.. -
g. Hold the annual "Honor the Graduates" ceremonies
paying tribute to the young Filipino Americans who graduate from
high school, college, or any business or technical school.
h. House such cultural events like fashion shows and
cooking demonstrations of ethnic foods.
.
.1..
House weekly folk dance lessons for the youth.
j. Provide free blood pressure screening
cholesterol tests by medical personnel for senior citizens.
and
k. Host entertainers from the Philippines or other
celebrities shows,
1. Host the annual Philippine Week (as proclaimed by
the South Hampton Roads mayors and the Governor of Virginia)
celebrations such as the Cultural Night, picnics, flag raising,
etc,
m. Host the var ious organizations'
installation of officers.
inductions and
n.
Host civic meetings,
o. Host welcome parties for visiting dignitaries such
as the Philippine Ambassador, 0+ honoring local government
officials.
p.
House exercise or aerobic classes for the working
mothers.
2. The property shall be developed in general conformity
with the site-plan entitled "PHILIPPINE CULTURAL CENTER", which is
dated October 7,1992 and on fIle with the Department of Planning,
city of virginia Beach, Virginia.
3. Access to the Philippine Cultural Center shall be as
depicted in the above referenced site plan.
4. The existing structure will be used temporarily for
organizational meetings during the construction of the Cultural
Center.
The Grantor covenants and agrees that (1) the zoning
Administration of the City of Virginia Beach, Virginia shall be
vested with all necessary authority on behalf of the governing body
of the City of Virginia Beach, Virginia to administer and enforce
the foregoing conditions and restrictions including, (i) the
ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure
compliance with such conditions, inc¡uding mandatory or prohibitory
injunction, abatement, damages or other appropriate actions, suits
or proceedings; (2) the failure to meet all conditions shall
consti tute cause to deny the issuance of any of the required
building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant
to the provisions of the City Code, the CZO of this Agreement, the
Grantor shall petition to the governing body for the review thereof
prior to instituting proceedings in court; and (4) the Zoning Map
shown by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the subject property, and
that the ordinance and the conditions may be made readily available
and accessible for public inspection in the Office of the Zoning
Administrator and in the Planning Department, and that they shall
be recorded in the Clerk's Office of the circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantor
and Grantee.
WITNESS the following signatures and seals:
.HWJ
CORING. PADILLA
DULY A HORIZED AGENT OF COUNCIL
OF UNITED FILIPINO ORGANIZATIONS
OF TIDEWATER VIRGINIA, INC.
(SEAL)
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
~ ,~!
0' fI'-"
The foregoing Proffer was acknowledged before me this
day of December, 1992 by Coring P. E ilIa.
My commission expires:
ïJ tl1 L ;¡i >r. { ¿ k-1
ary ulSlic
~
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. .
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1:""..' - .
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. .
EXHIBIT A
ALL THAT certain lot, piece or parcel of land, with all the
puildings and improvements thereon, lying, situate and being
in the City of Virginia Beach, state of Virginia, and known,
numbered and designateQ as Parcel "BB" on that certain plat
entitled "Resubdivision of Parcel "A" Subdivision of Property
of Mettie s. Allen, a part of James Smith Estate, a part of
Tract Thirty-one (31), A.W. Cornick Plat (Map Book 66, page
54) Parcel A, Mattia S. Allen to Allen Petteway, Subdivision
of Property of Mettie S. Allen a part of Tracts 31 and 32,
A.W. Cornick Plat located near Kempsville (Map Book 70, page
24) Kempsville Borough, Virginia Beach, which said
resubdivision plat of P~rcel "A", prepared by Lee S. Rood,
Surveyor and duly admitted to ~ecord on November 25, 1983 in
the Clerk's Office of the circuit Court of the City of
virginia Beach, V1rqlni~, in Map Book 173 at paqe 14, Sheet 2.
IT BEING the same property conveyed unto Council of United
Filipino Organizations Qf Tidewater Virginia, Inc., a
corporation organized pursuant to the laws of the State of
Virginia by deed from Manuel A. Hipol, ~arried and Conrado B.
Dabu, mar~ied dated June 10,1992 and recorded July 20, 1992
in Deed Book 3108 at paqe 1172.
-
&;
..
- 24-
~
PUBliC HEARING
ITEM # 36542
PLANNING
Mel Smith, 109 Norfolk Avenue #212, Phone: 422-4983, Consulting Engineer for the Applicant.
Upon motion by Councilman Lanteigne, seconded by Vice Mayor Sessoms, City Council APPROVED the
application of KENNETH L. AND RUTH G. BRIDGES for a Variance to Section 4.4(b) of the
Subdivision Ordinance which requires that all lots created by subdivision to meet all requirements of the
Zoning Ordinance and ADOPTED an Ordinance upon applicationof JOEL W. AND JEANNET B.
MILLER for a Conditional Use Permit:
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Kenneth L. &
Ruth G. Bridges. Said property is located at 4353 Charity Neck Road.
PUNGO BOROUGH
AND,
ORDINANCE UPON APPLICATION OF JOEL W. AND JEANETTE B.
MILLER FORA CONDITIONAL USE PERMIT FOR 2 SINGLE FAMILY
DWELLINGS RO2931806
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACll, VIRGINIA
Ordinance upon application of Joel W. and Jeanette B. Miller for a
Conditional Use Permit for 2 single family dwellings and boarding horses
on the west side of Charity Neck Road, 2665 feet north of Nanneys Creek
Road. Said parcel is located at 4353 Charity Neck Road and contains
37.05 acres. PUNGO BOROUGH.
The following conditions shall be required:
1.
A 50-foot vegetated buffer, as described in the Comprehensive
Plan, shall be established along all property lines abutting an
ongoing agricultural operation. The required buffers must be
planted prior to occupancy. Assistance in establishing the
buffers is available at the Planning Department. This buffer
shall not be required for parcel B-2 which will be used for
boarding horses.
2.
The boarding of horses is approved for proposed parcel B-2
only. A maximum of four boarded horses will be allowed.
3.
A setback variance from the Board of Zoning Appeals must be
obtained for the barn, as depicted on proposed Lot B-2.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Beach, Virginia, on the Twenty-third of EWruary.
February 23, 1993
- 25-
/1wJlJ.=:lL.U
PUBliC HEARING
ITEM # 36542 (Continued)
PLANNING
Voting:
7-4
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Louis R. Jones, Paul J. Lanteigne and Vice Mayor Wzlliam D.
Sessoms, Jr.
Council Members Voting Nay:
Robert K Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker
Council Members Absent:
None
February 23, 1993
~
PUBUC HEARING
PLANNING
- 26-
ITEM # 36543
Attorney R. Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant
Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of WlLUAMS HOLDING CORP. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WILLIAMS HOLDING
CORPORATION FOR A CONDITIONAL USE PERMIT FOR A
BORROW PIT RO2931807
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Williams Holding Corporation for a
Conditional Use Permit for a borrow pit on certain property located
2000 feet more or less north of Kempsville Road beginning at a point 290
feet more or less west of Centerville Turnpike. Said parcel contains 35. 7
acres. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1.
The borrow pit shall have a minimum 100- foot wide setback
along the southwestern property line adjacent to the elementary
school.
2.
Required setbacks shall be retained in a wooded state and may
not be cleared. Wooded areas within required setbacks shall be
identified on the site development plans as an area to remain
undisturbed. Final plans must also identify tree protection for
areas of nondisturbance.
3.
No additional entrances shall be allowed off Centerville
Turnpike and none shall be allowed on Kempsville Road.
4.
Hauling vehicles will use only the previously approved haul
routes consisting of Kempsville Road, Indian River Road,
Centerville Turnpike and Providence Road.
5.
Operating hours shall be 7 a.m. until 7 p.m., Monday through
Saturday. No Sunday operation shall be permitted.
6.
Site development plans must identify and describe appropriate
sediment basins for water quality enhancement and volume
control prior to discharge in accordance with the provisions of
the Southern Watersheds and Stormwater Management
Ordinances. Such basins shall include a maintenance schedule,
a cross section of the proposed sediment basins and clearly
identified erosion and sediment control measures.
February 23, 1993
- 27-
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PUBliC HEARING
ITEM II 36543 (Continued)
PLANNING
7.
If the borrow pit is to be utilized as a lake facility upon the
completion of excavation activities, appropriate benches must
be identified on the excavation plans. The plan must also
identify wetlands vegetation to be planted on the benches by
species and the quantity of plant material to be utilized.
8.
An excavation permit is required from the Department of Public
Works.
9.
The applicant shall secure permits, as may be required by the
VIrginia State Water Control Board, for the withdrawal of
groundwater and/or discharge of water from the sediment
basin.
10. The applicant shall obtain required permits for any filling of
the borrow pit.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Beach, VIrginia, on the Twenty-third of February.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, Ill, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor
WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 23, 1993
- 28-
l1mLllI.=lLLL
PUBliC HEARING
ITEM # 36544
PLANNING
Attorney R. Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant
The following spoke in OPPOSITION:
Pat Ingmire, 2933 Seaboard Road, Phone: 721-5549,
Chuck Traub, 784 Glasgow Court, Phone: 340-9056. Mr. Traub~ statement is hereby made a part of the
record.
Upon motion by Councilman Dean, seconded by Councilman Brazier, City Council DEFERRED
INDEFINITEL Y the Ordinance upon application of WILLIAMS HOLDING CORPORATION and
JOSEPH AND JACK P. BURROUGHS for a Conditional Use Permit, AS REVISED:*
ORDINANCE UPON APPLICATION OF WILLIAMS HOLDING
CORPORATION AND JOSEPH E. AND JACK P. BURROUGHS FOR A
CONDITIONAL USE PERMIT FOR SINGLE FAMILY HOMES IN THE
AG-1 AND AG-2 AGRICULTURAL DISTRICT
Ordinance upon application of Williams Holding Corporation and Joseph
E. and Jack P. Burroughs for a conditional Use Permit for single family
homes in the Agriculture District on certain property located on the
southwest side of Seaboard Road, 3500 feet more or less northwest of
Princess Anne Road. Said parcel contains 264.62 acres. PRINCESS
ANNE BOROUGH
*The applicant has revised this request for approval of 40 upscale homes on one-acre lots and offered
that the City of Virginia Beach purchase 288 acres of additional land upon which a championship public
golf course can be constructed with vegetated buffers. In total, approximately 329 acres of land are
contained within this complete plan.
Voting:
11-0
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, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 23, 1993
- 29-
i1mLlII=LL.
APPOINTMENTS
ITEM # 36545
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
PERSONNEL BOARD
MarÚln H. Harris
3 Year Term
3/1/93 thru 2/28/96
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, John D. Moss, Mayor Meyera
E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Paul J. Lanteigne
Council Members Absent:
None
Councllman Lantelgne ABSTAINED as he has on all preVlOUS PERSONNEL BOARD
appolntments.
February 23, 1993
- 30-
~
APPOINTMENTS
ITEM 1# 36545
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
RESORT AREA ADVISORY COMMISSION
Catherine H. Giordano
Unexpired thru 12/31/94
Voting:
11-0
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, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 23, 1993
- 31 -
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APPOINTMENTS
ITEM # 36546
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
VIRGINIA BEACH CRIME TASK FORCE
Martha Coles
First Precinct Advisory
Charles Gardner
Second Precinct Advisory
AlDn Alto
Third Precinct Advisory
James K. Denson
Fourth Precinct Advisory
Francis L. Warren
AARP
John FermelÚJ
cluunber of commerce
Dr. Brian Matney
Teacher
Shirley M. Wood
PTA
Martin J. Mulde"ing
School Board
James W. Brazier, Jr.,
City Council
3 -year terms
3/1/93 thru 2/28/96
Brain G. Schreier - Student
1 year term
3/1/93 thru 8/31/93
Ex-Officio Members
Chief Charles R. Wall
Sheriff Frank Drew
Robert J. Humphreys, Commonwealth's Attorney
Dr. E. T. Buchanan, 111
February 23, 1993
- 32-
I1!æLlll.=Ll:.
APPOINTMENTS
ITEM 1# 36546 (Continued)
Voting:
11-0
Council Members Voting Aye:
John A. Bawn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 23, 1993
- 33-
l1J:m....IlbL.L
UNFINISHED BUSINESS
ITEM # 36547
ADD-ON
BY CONSENSUS, City Council RESCHEDULED April 29, 1993 FY 1993-94 Operating Budget Public
Hearing:
TuestÙly, May 4, 1993
7:00 PM.
City Council Chamber
February 23, 1993
- 34-
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UNFINISHED BUSINESS
ITEM # 36547
ADD-ON
BY CONSENSUS, to allow Passover Observance, City Council RESCHEDULED April 6, 1993, City
Council Session to:
Tuesday, April 20, 1993
2:00 PM.
City Council Chamber
February 23, 1993
- 35-
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UNFINISHED BUSINESS
ITEM # 36548
ADD-ON
Mayor Oberndorf advised the City has applied for the Tenth Annual U.S. Senate Productivity Award.
The City has been selected as one of the four finalists and is presently experiencing a site visit. A most
professional presentation elaborating the City ~ application and process was given to the u.S. Senate
Productivity Award Board today, February 23, 1993.
February 23, 1993
- 36-
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NEW BUSINESS
ITEM # 36549
Upon motion by Vice Mayor Sessoms, seconded by Councilman Lanteigne, City Council ADOPTED:
Resolution extending an invitation to ChurchiU Downs, Inc. to officially
visit the City of Virginia Beach re establishment of VIrginia's first horse
racing facility in this City.
Voting:
11-0
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, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 23, 1993
Ilrønlutinu
A RESOLUTION INVITING THE MANAGEMENT
OF CHURCHILL DOWNS, INC.,
LOUISVILLE, KENTUCKY, TO CONSIDER
ESTABLI SHING A HORSE RACING TRACK
AND OFF-TRACK WAGERING FACILITIES IN
VIRGINIA BEACH
WHEREAS, in November of 1992, the voters of the City, by
referendum, overwhelmingly approved the introduction of horse
racing and off-track wagering in Virginia Beach;
WHEREAS, such a race track would be a showcase for Virginia-
bred horses and would provide an important new revenue source for
Virginia and local horse farms and other agricultural-related
businesses;
WHEREAS, Churchill Downs, Inc. is widely acknowledged as the
national leader in the horse racing industry, a strong, stable,
financially secure organization, and an outstanding corporate
citizen in the business communities where it operates facilities;
WHEREAS, Churchill Downs, Inc. intends to make a major capital
investment in the development of a new state-of-the-art race track
facility which would include a multi-faceted recreational and
entertainment complex to provide quality leisure activities and
entertainment;
WHEREAS, Churchill Downs, Inc. has expressed a strong interest
in locating such a quality facility in the City of Virginia Beach;
WHEREAS, based on this interest, City off icials recently
visited the corporate headquarters of Churchill Downs, Inc. in
Louisville, Kentucky, and were very impressed with the
professionalism of the organization, and the degree of hospitality
extended by the principals of Churchill Downs, Inc. to these City
officials; and
WHEREAS, such a race track and related recreational and
entertainment facilities would substantially enhance the City's
economic base, provide increased employment opportunities, and
ultimately contribute significantly to tax revenues, benefitting
all of our citizens;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the city Council hereby extends an invitation to
Churchill Downs, Inc. to officially visit the City of virginia
Beach to consider the establishment of Virginia's first horse
racing facility in this city.
Adopted by the Council of the City
Virginia, on the 23rd day of February, 1993.
of
Virginia
Beach,
~~.~
~~
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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27
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Requested by Mayor Meyera E. Oberndorf and
Vice Mayor W. D. Sessoms, Jr.
1
2
3
4
5
6
7
8
9
A RESOLUTION INVITING THE MANAGEMENT
OF CHURCHILL DOWNS, INC.,
LOUISVILLE, KENTUCKY, TO CONSIDER
ESTABLISHING A HORSE RACING TRACK
AND OFF-TRACK WAGERING FACILITIES IN
VIRGINIA BEACH
WHEREAS, in November of 1992, the voters of the City, by
referendum,
overwhelmingly
introduction
horse
approved
of
the
raclng and off-track wagering in Virginia Beach;
WHEREAS,
such a
race track would be a showcase
for
Virginia-bred horses and would provlde an important new revenue
source
for
Virginia
for
and
local
horse
farms
and
other
agricultural-related businesses;
WHEREAS, Churchill Downs, Inc. is widely acknowledged as
the national leader in the horse racing industry, a strong, stable,
financially
an outstanding
organization,
and
corporate
secure
citizen in the business communities where it operates facilities;
WHEREAS, Churchill Downs, Inc. intends to make a major
capital investment in the development of a new state-of-the-art
race
track
facility
a
multi-faceted
which
include
would
recreational and entertainment complex to provide quality leisure
activities and entertainment;
WHEREAS, Churchill Downs,
Inc. has expressed a strong
interest
in
loca ting such
a quality
facility
in the
Ci ty of
Virginia Beach;
WHEREAS, based on this interest, City officials recently
visi ted the corporate headquarters of Churchill Downs, Inc.
ln
Louisville,
Kentucky,
impressed
and
with
the
were
very
professionalism of the organization, and the degree of hospitality
extended by the principals of Churchill Downs, Inc. to these City
officials; and
WHEREAS, such a race track and related recreational and
entertainment facilities would substantially enhance the City's
economic base,
provide increased employment opportuni ties,
and
ultimately contribute significantly to tax revenues, benefitting
-
-
38
39
40
41
42
43
44
45
46
47
48
49
50
all of our citizens;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby extends an invitation to
Churchill Downs, Inc. to officially visit the City of Virginia
Beach to consider the establishment of Virginia's first horse
raclng facility in this City.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 23 day of February, 1993.
CA-5023
ORDIN\NONCODE\RACING.RES
R-2
PREPARED: FEBRUARY 18, 1993
- 37-
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NEW BUSINESS
ITEM # 36549
Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Resolution recommending the Commonwealth of Virginia, the
Commonwealth Transportation Board and the Virginia Department of
Transportation aggressively pursue planning, funding and construction
of the road connecting Norfolk/Virginia Beach, Northeastern North
Carolina and Raleigh, North Carolina (" Road to Raleigh") utilizing the
existing Route 17 Corridor and Interstate 64; and, include the
Southeastern Expressway as part of this highway demonstration project.
Voting:
11-0
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, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 23, 1993
...
..'
REQUESTED BY HAYOR HEYERA OBERNDORF AND COUNCILHAN LOUIS
JONES.
RESOLUTION RECOMMENDING THAT THE COMHONWEALTH OF VIRGINIA
AND THE VIRGINIA DEPARTMENT OF TRANSPORTATION
AGGRESSIVELY PURSUE CONSTRUCTION OF THE NORFOLK/RALEIGH
ROAD CONNECTOR ALONG THE ROUTE ~ 7 CORRIDOR.
WHEREAS: Northeastern North Carolina is an area of great
economic potential but poor current economic development because of
inadequate roadways;
WHEREAS: There are no direct links between the Raleigh area
of North Carolina and the ports of Hampton Roads;
WHEREAS: Tourism from Raleigh, North Carolina and
northeastern North Carolina to Virginia Beach,
discouraged because of the lack of adequate roads
areas;
generally, is
connecting the
WHEREAS: The Congress of the united states in the Intermodal
Surface Transportation Efficiency Act of 1991, authorized studies
of a possible road connecting Raleigh, North Carolina and the
Norfolk/Virginia Beach area;
WHEREAS: The legislation specifically stated that the roads
to be improved in Virginia would be the Route 17 corridor and
Interstate 64;
WHEREAS: There exist a possibility for this project to be
expanded to include the Southeastern Expressway as part of this
demonstration transportation project; and
WHEREAS: The City of Chesapeake, the Virginia Department of
Transportation and the North Carolina Department of Transportation
have previously recommended that the Route 17 corridor be improved
as part of this project.
Now, Therefore, Be It Resolved by the Council of the City of
Virginia Beach that the Commonwealth of Virginia, the Commonwealth
Transportation Board, and the Virginia Department of Transportation
are encouraged to aggressively pursue planning, funding, and
construction of the road connecting the Norfolk/Virginia Beach
area, northeastern North Carolina and Raleigh, North Carolina
utilizing the existing Route 17 corridor and Interstate 64; and
Be It Further Resolved that the Commonwealth pursue through
Virginia's Congressional Delegation the possible inclusion of the
Southeastern Expressway as part of this highway demonstration
project; and
Be It Further Resolved that this is in direct
intent of the actions of the united States Congress
this project.
Adopted by
day of
support of the
in authorizing
23
the Council of the City of Virginia Beach on the
February , 1992.3
- 38-
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NEW BUSINESS
ITEM # 36550
ADD-ON
Councilman Moss referenced the RECONCILIATION WORKSHOP was scheduled for May 6, 1993, as
the Budget Public Hearing is now scheduled for May. 4, 1993, there is a possibility the Reconciliation
might have to be RESCHEDULED.
Concerning May meetings, Mayor Oberndorf advised the Oberndorfs are expecting their first grandchild
either the end of April or the first of May.
February 23, 1993
- 39-
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NEW BUSINESS
ITEM # 36551
ADD-ON
Councibnan Moss advised the Community Organization Incentive Grant Commission is meeting
Saturday, February 27, 1993, at the Pavilion from 8:00 A.M. to 4:00 P.M.
Council Members Moss and Dean will be attempting to encourage more funds be applied relative health
issues involving children.
February 23, 1993
-40-
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NEW BUSINESS
ITEM # 36551
ADD-ON
Mayor Oberndorf referenced letters concerning confusion relative the admissions tIIx on Charter Boøts
requesting clarification.
February 23, 1993
- 41 -
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NEW BUSINESS
ITEM # 36552
ADD-ON
Council Lady Parker referenced correspondence from the City Manager dated February Twelfth and
Nineteenth concerning the TGIF (entertainment center, race track, soccer complex). These were not in
the original proposals.
The City Manager advised these projects are tourism related and have been assigned project managers.
A briefing relative the entertainment center will be SCHEDULED for a future EXECUTIVE SESSION.
February 23, 1993
- 42-
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NEW BUSINESS
ITEM # 36553
ADD-ON
Council Members Baum and Dean referenced correspondence received concerning property which had
been condemned on Old Dam Neck Rood, and of which the owner had complained there was no
compensation. Councilman Dean reported, however, they were generously compensated.
February 23, 1993
-
- 43-
i1JarLll/.:=LL.
ADJOURNMENT
ITEM # 36554
Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED at 8:33 P.M.
~~Q~~----------
Beverly O. Hooks, CMC
Chief Deputy City Clerk
~~~-------
Ruth Hodges Smith, CMC/AAE
City Clerk
------------------------
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
February 23, 1993
Etønlutinu
A RESOLUTION INVITING THE MANAGEMENT
OF CHURCHILL DOWNS, INC.,
LOUISVILLE, KENTUCKY, TO CONSIDER
ESTABLISHING A HORSE RACING TRACK
AND OFF-TRACK WAGERING FACILITIES IN
VIRGINIA BEACH
WHEREAS, in November of 1992, the voters of the City, by
referendum, overwhelmingly approved the introduction of horse
racing and off-track wagering in Virginia Beach;
WHEREAS, such a race track would be a showcase for Virginia-
bred horses and would provide an important new revenue source for
Virginia and local horse farms and other agricultural-related
businesses;
WHEREAS, Churchill Downs, Inc. is widely acknowledged as the
national leader in the horse racing industry, a strong, stable,
financially secure organization, and an outstanding corporate
citizen in the business communities where it operates facilities;
WHEREAS, Churchill Downs, Inc. intends to make a major capital
investment in the development of a new state-of-the-art race track
facility which would include a multi-faceted recreational and
entertainment complex to provide quality leisure activities and
entertainment;
WHEREAS, Churchill Downs, Inc. has expressed a strong interest
in locating such a quality facility in the City of Virginia Beach;
WHEREAS, based on this interest, city off icials recently
visited the corporate headquarters of Churchill Downs, Inc. in
Louisville, Kentucky, and were very impressed with the
professionalism of the organization, and the degree of hospitality
extended by the principals of Churchill Downs, Inc. to these City
officials; and
WHEREAS, such a race track and related recreational and
entertainment facilities would substantially enhance the City's
economic base, provide increased employment opportunities, and
ultimately contribute significantly to tax revenues, benefitting
all of our citizens;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council hereby extends an invitation to
Churchill Downs, Inc. to officially visit the City of Virginia
Beach to consider the establishment of Virginia's first horse
racing facility in this City.
Adopted by the Council of the City
Virginia, on the 23rd day of February, 1993.
of
Virginia
Beach,
t!-
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~~
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