JULY 18, 2006 MINUTES
CITY COUNCIL
MAYORMEYERA E. OBERNDORF, At-Large
VICE MAYOR IDUlS R. JONES, Bayside - District 4
WILLIAM R. DeSTEPH, At-Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER" Centerville - District I
BARBARA M HENLEY, Princess Anne - District 7
REBA S. McCLANAN, Rose Hall - District 3
JOHN E. UHRIN, Beach- District 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON. At-Large
JAMES L. WOOD, Lynnhaven -District 5
CI7Y MANAGER - JAMES K. SPORE
CI7Y ATTORNEY - LESLIE L. LILLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
I.
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
18 JULY 2006
CITY MANAGER'S BRIEFING
- Conference Room -
3:30PM
A. GREENMARKET AT TOWN CENTER
Jack Whitney, Director, Department of Agriculture
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA ITEMS
IV. INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
4:30 PM
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Rolfe Carawan
President, Life Matters Ministries
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
2.
SPECIAL FORMAL SESSION
INFORMAL and FORMAL SESSIONS
June 30, 2006
July 11, 2006
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I. RESOLUTIONSIORDINANCES
1. Resolution re issuance by the Industrial Development Authority of Lancaster County for
Revenue Bonds in an amount not to exceed $2,700,000 for the Bishop Sullivan Catholic
High School.
2. Resolution to APPOINT Kari Ann Kopnicky to the position of Assistant City Attorney.
3. Ordinance to AMEND the FY 2006-07 Sheriff Department's Special Revenue Operating
Budget in the amount of $952,556 to establish four (4) new positions.
4. Ordinance to ACCEPT and APPROPRIATE $10,192 from the Hampton Roads
Squadron Association of Naval Aviation to the Police Department's FY 2006-07
Operating Budget re the Oceanfront Camera replacement project.
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
18 July 2006
Council Lady Reba S. McClanan called to order the City Council Comment Session in the City Council
Conference Room, City Hall, on Tuesday, July 18,2006, at 3:30 P.M.
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Reba S. McClanan, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
Mayor Meyera E. Oberndorf
[Personal Commitment
Entered: Formal Session - 6:00 P.M.]
Vice Mayor Louis R. Jones
[Family Vacation)
Ron A. Villanueva
[Family Vacation)
July 18, 2006
- 2 -
C IT Y MANA G E R 'S B R IE FIN G
GREENMARKET AT TOWN CENTER
ITEM # 55437
3:30 P.M.
The City Manager introduced Attorney Andrew Fine and Peter Coe, who had previously approached the
City concerning development of a GreenMarket at Town Center.
Jack Whitney Director of Agriculture, advised during the Biennium Operating Budget Workshops,
Council Lady Wilson inquired re the possibility of having a seasonal satellite Farmers Market in the
northern part of the City. Staff has been working for several months with a group of community leaders
who have come forward with a community based concept and vision for exactly this type of activity to be
located in the Town Center. Mayor OberndorJ, during the Budget Workshop, had requested a
presentation to City Council concerning this concept. Three (3) baskets were presented to City Council as
compliments of the Cullipher Farm, Taste Unlimited and Rob Mays to exhibit some of the fresh
vegetables and flowers which will be displayed for sale at the GreenMarket.
Peter Coe, President - Taste Unlimited, and member of the Citizens Committee of citizens proposing a
lively, bustling GreenMarket at Town Center (Saturday mornings during the summer months). The
market will sell fresh, locally grown fruits, vegetables, meats, seafood, homemade delicacies (peach pies,
blueberry jam, goat cheeses, colorful flowers and plants). Vendors will be the farmers who actually grow
the food, watermen who catch the seafood and producers who grow and create their own products
Peter Coe quoted:
"Farmers Markets are one of the most exciting trends in the American
food systems. Farmers Markets are important because they give local
farmers the chance to sell food they raise directly to customers, allow the
consumers to buy fresh food from the individuals who raise it, help
create new farms and food businesses, provide communities ways to
create excitement and activities in downtowns and neighborhoods. "
Neil Hamilton
Agricultural Law Center - Drake University
The GreenMarket at Town Center, a central location for all of Hampton Roads, will be a fun gathering
place where residents from across the region can find the freshest seasonal product, while enjoying a cup
of coffee, a musical performance or a chef's demonstration. The committee hopes children will learn their
food comes from the ground and not from the frozen food section of the grocery store. The producers will
have the opportunity to meet with and talk "face to face" to their customers. The GreenMarket will
encourage farmers to expand what they grow as it will be an ideal venue for specialty crops such as
heirloom tomatoes, herbs, baby and organic vegetables. The GreenMarket is consistent with the Mission
of Town Center as a mixed use, main street hub and will add a vibrant component to quiet Saturday
mornings. The Public Plaza and Central Park are designed for public performances and gatherings.
Chefs, including many from Town Center restaurants, will be invited to participate in cooking
demonstrations. The GreenMarket concept has been approved by the Central Business District and Town
Center Advisory Boards. The GreenMarket will support our local economy by encouraging residents to
buy locally, thus keeping the revenue in the City. It will give a boost to the local farmers by cutting out the
middle man. The GreenMarket will complement the Farmer's Market by increasing the focus on fresh,
local products. This market could be the catalyst for other GreenMarkets in the future.
July 18, 2006
- 3 -
CITY MANA GER 'S BRIEFING
GREENMARKET AT TOWN CENTER
ITEM # 55437 (Continued)
The GreenMarket Committee estimated $60,000 will be required as "seed money" for each of the next
two (2) years. These funds will be utilized to hire staff and develop the GreenMarket. Mr. Coe distributed
copies of the proposed budget which is hereby made a part of the record.
Full-time position throuflh temporary aflencv $ 38,000
AdvertisinJ! 5,000
PrintinJ! 2,000
Telephone 550
Computer - purchase notebook and software 2,000
Office supplies 200
MileaJ!e (3,000) 1,000
Website 3,000
Trash removal 750
Si/(ns 2,000
Entertainment and Chef-at-the-Market 3,500
Miscellaneous 2,000
TOTAL $ 60,000
GREENMARKET PROPOSED BUDGET
Committee Members
Mary Reid Barrow
Bill Campbell
Peter Coe
Susan Coe
Mike Cullipher
Patrick Evans-Hilton
Andrew Fine
Martha Mednick Glasser
Todd Jurich
Andrea Marshall
Rob Mays
Ann Wright
City Staff Advisors
Don Maxwell
Director - Economic Development
Rob Hudome
Project Development Manager - Virginia Beach Development Authority
Jack Whitney
Director - Department of Agriculture
Janel Leatherman
Manager - Farmer's Market
TIMELINE
2006 Planning, recruiting and operational organization
Opening July 2007
July 18, 2006
- 4 -
CITY MANA GER 'S BRIEFING
GREENMARKET AT TOWN CENTER
ITEM # 55437 (Continued)
Mr. Whitney advised National Geographic published a small article reflecting Farmers Markets
nationwide have doubled in the last decade along with increased profits. The Committee will explore
grants, as well as, sponsorships. The Committee hopes to maximize the utilization of volunteers. This
concept is a credit to Town Center and Virginia Beach. GreenMarket has all the ingredients for success.
The City Manager advised the first year funding would be through the Contingency Reserve Account.
July 18, 2006
- 5 -
CITY COUNCIL COMMENTS
ITEM # 55398
4:04 P.M.
ITEM # 55438
Council Lady Henley announced the first of the Princess Anne District Monthly Forums is scheduled
for Thursday, July 27, 2006, at 5:00 P.M., Building 19, Room B. All members of City Council are
welcomed.
ITEM # 55439
Council Lady Henley inquired relative City Council's policy concerning Planning items and meeting with
the applicant's prior to the application being heard by City Council. Approximately seven (7) or eight (8)
developers and property owners contacted her very early in the process, in some instances prior to
submission to the Planning Director, re her opinion of the proposal. Council Lady Henley was concerned
that preliminary meetings have been totally out of the public arena and staff was not aware.
Council Lady Henley referenced the following application scheduled for the Formal Session of July 18,
2006:
1. Applications of MA THEWS GREEN ASSOCIA TES, L.L. c., re
the development of a residential community with forty-nine (49)
single-family lots at 2217 Matthews Green: DISTRICT 7 -
PRINCESS ANNE
a. Chanf!e ofZoninf! District Classification from AG-l Agricultural
District to Conditional R-20 Residential District with a PD-H2 Overlay
b. Discontinuance, closure and abandonment of portions of Mathews Green
east of Princess Anne Road
The Community and developer had concurred; however staff was "out of the loop n.
The City Manager advised the decision concerning matters of this nature was each City Council Member
would conduct themselves in the manner they deemed appropriate. The City Manager advised this topic
would be excellent for discussion during City Council's Retreat (August 11 and 12, 2006) re establishing
policy.
Council Lady Henley referenced the Briefings by Planning staff the morning of each Planning
Commission meeting encompassing a synopsis of each of the applications. Council Lady Henley
suggested during the first City Council Session of each month, the staff advise City Council of any of
their concerns on each of the Planning items scheduled for that month. Council Lady Henley referenced
Chief Gregory B. Cade's - Fire Department, position re application of Mathews Green Associates, L.L. C.
The City Manager advised the reason for Chief Edwards, Emergency Medical Services and Chief Cade,
Fire Department's correspondence was the item went to the Planning Commission re the connecting
roadway that was shown on the plan. At the Planning Commission level, this road was removed and
reduced to a pedestrian or bikeway connection. The Chiefs had concerns as this was the only emergency
way in and out of the particular subdivision.
July 18, 2006
- 6 -
CITY COUNCIL COMMENTS
ITEM # 55439 (ContinuedO
"The original submittal for the subdivision had plans that showed two
(2) entrances off Mathews Green and a neighborhood tie-in with
Kindling Hollow in Three Oaks. The applicant submitted the proposal
for residential development depicting connection to the existing street tie
within the adjacent neighborhood based on the City's Subdivsion
Regulations Design Standards. Section 4.1.b.1 states 'provide for
continuation or appropriate projection of existing arterial or collector
streets in surrounding area.' In addition, on Mathews Green there is an
entrance through the veterinary clinic on private property if there is a
traffic interruption at Princess Anne and Mathews Green"
"During the Planning Commission meeting, the street connection on
Kindling Hollow into Three Oaks was closed and changed into a bike
and walking path. This change is unacceptable to the Fire and EMS
Departments which view secondary access to subdivisions as critical to
service delivery. If the street connection is not acceptable, a gated access
can be negotiated that would be normally closed to through traffic. This
will provide for emergency access when the primary route is obstructed
by traffic, trees, wires down, snowdrifts, flooding or any other manmade
or natural incident that closes the primary entrance. "
Said letter is hereby made a part of the record.
Council Lady McClanan suggested guidelines be established and available to the citizenry.
Councilman Diezel expressed concern re the issue of access. Public safety should not be compromised. A
citizen group should not be placed in a situation to negotiate existing statutes.
ITEM # 55440
Council Lady Henley referenced a compilation be made be made of the Transition Area projects to
determine the cumulative impact on the full Transition area. These items would entail the transportation
system, trail situation (particularly offroad), and impacts of infrastructure (schoolslroads). Council Lady
Henley does not believe the streets have been connecting in this area.
ITEM # 55441
Councilman Dyer referenced correspondence from Lake James citizens expressing concern re the
borrow pit which will handle construction debris. The citizens were worried re the ground water and
how it may adversely affect Lake James.
The City Manager advised a letter is being prepared in response and a meeting can be arranged with the
affected citizens.
Council Lady McClanan requested all members of City Council be advised when the meeting date is
scheduled.
July 18,2006
- 7 -
AGENDA RE VIE W SESION
5:07 P.M.
ITEM # 55442
1.3. Ordinance to AMEND the FY 2006-07 Sheriff Department's
Special Revenue Operating Budget in the amount of$952,556
to establish four (4) new positions.
Council Lady Henley requested an ongoing calculation of Reserve for Contingencies be prepared for City
Council. This is the third item utilizing these Reserves since the 2006-2007 Budget was approved in May
2006.
ITEM # 55443
BY CONSENSUS, thefollowing items shall compose the CONSENT AGENDA:
I. RESOLUTIONS/ORDINANCES
1. Resolution re issuance by the Industrial Development Authority
of Lancaster County for Revenue Bonds in an amount not to
exceed $2,700,000 for the Bishop Sullivan Catholic High
School.
2. Resolution to APPOINT Kari Ann Kopnicky to the position of
Assistant City Attorney.
3. Ordinance to AMEND the FY 2006-07 Sheriff Department's
Special Revenue Operating Budget in the amount of $952,556 to
establish four (4) new positions.
4. Ordinance to ACCEPT and APPROPRIATE $10, 192from the
Hampton Roads Squadron Association of Naval Aviation to the
Police Department's FY 2006-07 Operating Budget re the
Oceanfront Camera replacement project.
July 18, 2006
- 8 -
AGENDA RE VIE W SESION
ITEM # 55444
1. Applications of MATHEWS GREEN ASSOCIATES, L.L.C., re
the development of a residential community with forty-nine (49)
single-family lots at 2217 Matthews Green: DISTRICT 7 -
PRINCESS ANNE
a. Chanf!e ofZoninf! District Classification from AG-l Agricultural
District to Conditional R-20 Residential District with a PD-H2 Overlay
c. Discontinuance. closure and abandonment of portions of Mathews Green
east of Princess Anne Road
This item shall be discussed during the Formal Session.
ITEM # 55445
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
J. PLANNING
2. Variances re lot size to 84.4(b) of the Subdivision Ordinance that
requires all newly created lots meet the requirement of the City
Zoning Ordinance (CZO):
DISTRICT 5 - LYNNHA VEN
a. C and C DEVELOPMENT COMPANY, INC., at 200
60th Street re construction of two (2) single-family
dwellings with one (1) existing single-family dwelling
b. JESSUP CONSTRUCTION, L.L.C., at 973 Little Neck
Road re two (2) Single-family parcels
3. Variances for THE UNITED STATES FISH AND WILDLIFE
SERVICE at 1808 Nanneys Creek Road:
a. 85B of the Site Plan Ordinance, Floodplain Regulations
re one (1) new dwelling, drain field, well site and gravel
drive
b. 84.4(b) of the Subdivision Ordinance that requires all
newly created lots meet the requirement of the City
Zoning Ordinance (CZO) due to low elevations
4. Application of EVERETTE L. BROWN for a Conditional Use
Permit re bulk storage and automotive repair facility at 1305
and 1309 Virginia Beach Boulevard.
DISTRICT 6 - BEACH
July 18, 2006
- 9 -
AGENDA RE VIE W SESION
ITEM # 55445 (Continued)
5. Application of CUSTOM GRANITE MANUFACTURING CO.
for a Conditional Use Permit re a bulk storage yard at 3488
Chandler Creek Road/. DISTRICT 3 - ROSE HALL
6. Application of ROBERT D. VOOGT for a Conditional Use
Permit re a facility for the cognitively impaired at 1851 and
1853 Old Donation Parkway.
DISTRICT 5 -LYNNHAVEN
Council Lady Henley DISCLOSED re Item3a/b (The United States Fish and Wildlife Service), her
cousin is the owner of the property being sold to the Fish and Wildlife; however, a conflict does not exist.
July 18, 2006
- 10-
ITEM # 55446
Council Lady Reba S. McClanan entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose:
PUBLICLY-HELD PROPERTY: 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 2.2-3711 (A)(3).
Acquisition/Disposition of Property - Dominion Resources ROW
Centerville District - SE Parkway
Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council voted to proceed
into CLOSED SESSION (4:13 P.M.).
Voting: 8-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Reba S. McClanan, John E. Uhrin, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Vice Mayor Louis R. Jones and Ron A. Villanueva
(Closed Session: 4:13 P.M. - 4:40 P.M.)
(Dinner: 5:00 P.M. -6:00 P.M.)
July 18, 2006
- 11 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
July 18, 2006
6:00 P.M.
Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 18, 2006, at 6:00 P.M.
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
Vice Mayor Louis R. Jones
[Family Vacation)
Ron A. Villanueva
[Family Vacation)
INVOCATION: Reverend Rolfe Carawan
President, Life Matters Ministries
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is
not personally involved and of which she does not have personal knowledge. In order to ensure her
compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act,
it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of
identifYing any matters in which she might have an actual or potential conflict. If, during her review she
identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the
official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady
Wilson's letter of January 27, 2004, is hereby made a part of the record.
July 18, 2006
- 12 -
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM# 55447
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 8-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Reba S. McClanan, John E. Uhrin, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor Meyera E. Oberndorf
Council Members Absent:
Vice Mayor Louis R. Jones and Ron A. Villanueva
Mayor Oberndorf ABSTAINED as she was not in attendance during the City Council Closed Session,
due to a previous commitment.
July 18, 2006
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS. The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded inITEM # 55446J Page 10, and in accordance with the provi9.ons of The Virginia
Freedom of Information A~ and,
WHEREAS. Section 22-3712 of the Code of Virginia requires a certification by the governing body that
such Closed Session was conducted in conformity with Virginia law.
NOvy' THEREFORE, BE IT RESOL VEl>. That the Virginia Beach City Council hereby certifies that, to
the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and,
(b) only such public business matters as were identified in the motion convening this Closed Session were heard,
discussed or considered by Virginia Beach City Council.
-
July 18, 2006
- 13 -
Item V-F.l..
MINUTES
ITEM #55448
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED
Minutes of the SPECIAL SESSION of June 30, 2006.
Voting: 8-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Reba S.
McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Harry E. Diezel
Council Members Absent:
Vice Mayor Louis R. Jones and Ron A. Villanueva
Councilman Diezel ABSTAINED, as he was not in attendance, as he was with his family on vacation,
during the City Council Special Session of June 30,2006.
July 18, 2006
- 14-
Item V-F. 2.
MINUTES
ITEM #55449
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED
Minutes of the INFORMAL and FORMAL SESSIONS of July 11,2006.
Voting: 9-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Ron A. Villanueva
July 18, 2006
- 15 -
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM #55450
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
July 18, 2006
- 16 -
Item V-G.2.
RECOGNITION
ITEM #55451
Mayor Oberndorfrecognized the following Boy Scouts in attendance to fulfill requirements for their
badges:
Troop 364
Chartered by Bayside Presbyterian Church
Mike Lambiase
Assistant Scout Master
Michael Lambiase
Tony Lambiase
John Lambiase
Caleb Benn
Bill Brazier
Chris Horton
Trey Bowman
Scott Radcliffe
Graham Camble
Caleb Pullen
Troop 504
Sponsored by CBS, L.L. C.
Joshua Ellsworth
Lawrence Ellsworth, Jr.
Brant Verhurst
July 18, 2006
- 17 -
Item V.L
RESOLUTIONS/ORDINANCES
ITEM #55452
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council APPROVED
IN ONE MOTION Ordinances 1, 2, 3, and 4.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Ron A. Villanueva
July 18, 2006
- 18 -
Item v.I.1.
RESOLUTIONS/ORDINANCES
ITEM #55453
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution re issuance by the Industrial Development Authority of
Lancaster County for Revenue Bonds in an amount not to exceed
$2,700,000 for the Bishop Sullivan Catholic High School
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Ron A. Villanueva
July 18, 2006
1 A RESOLUTION CONCURRING WITH AND APPROVING
2 THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT
3 AUTHORITY OF LANCASTER COUNTY, VIRGINIA, OF
4 ITS REVENUE BOND IN AN AMOUNT NOT TO EXCEED
5 $2,700,000 FOR BISHOP SULLIVAN CATHOLIC HIGH
6 SCHOOL
7
8
9 WHEREAS, the Industrial Development Authority of Lancaster
10 County, Virginia (the Lancaster County Authority), has considered
11 the plans of Bishop Sullivan Catholic High School, a component of
12 the Catholic Diocese of Richmond, Virginia (the Borrower), whose
13 educational facility (the School) is located at 4552 Princess
14 Anne Road, Virginia Beach, Virginia 23462, for the issuance of
15 the Lancaster County Authority's revenue bond (the Bond) in an
16 amount not to exceed $2,700,000 to assist the Borrower in
17 refinancing the construction and equipping of athletic, library
18
and classroom facilities at the School
(collectively,
the
19 Project), located at 4552 Princess Anne Road, Virginia Beach,
20 Virginia;
21 WHEREAS, the proceeds of the Bond will also finance the cost
22 of issuing the Bond;
23
WHEREAS, the Lancaster County Authority has held a public
24 hearing with respect to the Bond on May 31, 2006, and has adopted
25
an
approving
resolution
(the
Lancaster
County
Authority
26 Resolution) with respect thereto;
27
WHEREAS, the City of Virginia Beach Development Authority
28 (the virginia Beach Authority), has held a public hearing with
29 respect to the Bond on June 20, 2006, and has adopted an
30 approving resolution recommending that the City Council of the
31 City of Virginia Beach, Virginia (the Council), concur with the
32 Lancaster County Authority Resolution; and
33 WHEREAS, as the Project is located in virginia Beach and the
34 Virginia Beach Authority is in existence and has the power to
35 issue bonds for the Project, Section 15.2-4905 of the Code of
36 Virginia of 1950, as amended (the virginia Code), provides that
37 the Council must concur with the adoption of the Lancaster County
38 Authority Resolution;
39 WHEREAS, the Internal Revenue Code of 1986, as amended (the
40 Code), provides that the highest elected governmental officials
41 of the governmental unit having jurisdiction over the area in
42 which any facility financed with the proceeds of private activity
43 bonds is located shall approve the issuance of such bonds; and
44 WHEREAS, the members of the Council constitute the highest
45 elected governmental officials of the City of Virginia Beach; and
46 WHEREAS, a copy of the Lancaster County Authority
47 Resolution, the virginia Beach Authority's approving resolution,
48 a reasonably detailed summary of the comments expressed at the
49 public hearing with respect to the Bond held by the Virginia
50 Beach Authority and a statement in the form prescribed by Section
51 15.2-4907 of the virginia Code have been filed with the Council;
52 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
53 CITY OF VIRGINIA BEACH, VIRGINIA:
54
1.
The City Council of the City of Virginia Beach,
55 virginia, concurs with the adoption of the Lancaster County
56 Authority Resolution and approves the issuance of the Bond by the
57 Lancaster County Authority to the extent required by the Code and
58 Section 15.2-4905 of the virginia Code.
59
2.
The approval of the issuance of the Bond, as required
60 by the Code and Section 15.2-4905 of the Virginia Code, does not
61 constitute an endorsement to a prospective purchaser of the Bond
62 of the creditworthiness of the Borrower and the Bond shall
63 provide that the City of virginia Beach shall not be obligated to
64 pay the Bond or the interest thereon or other costs incident
65 thereto and neither the faith or credit nor the taxing power of
66 the Commonwealth of Virginia or the City of Virginia Beach shall
67 be pledged thereto.
68
3.
This resolution shall take effect immediately upon its
69 adoption.
70 Adopted by the City Council of the City of Virginia Beach,
71 Virginia, on the 18th day of Julv
, 2006.
CA10002
V :\applications\cityJawprod\cycom32\ Wpdocs\DO 1 0\P00 1 \000 175 12.DOC
R-1
July 10, 2006
APPROVED AS TO LEGAL
S4~
Clty Attorney
VIRGINIA
BR~CH
Virginia Beach
Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 385-6464
FAX (757) 499-9894
Website: www.vbgov.com
June 20,2006
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, V A 23456
Re: Bishop Sullivan Catholic High School
Concurring Revenue Bonds
Dear Mayor Oberndorf and Members of City Council:
We submit the following in connection with Bishop Sullivan Catholic High School located at
4552 Princess Anne Road in the City of Virginia Beach, Virginia.
(1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a
summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia
Beach Development Authority's (the "Authority") resolution recommending Council's approval is
attached as Exhibit C.
(2) The Disclosure Statement is attached as Exhibit D.
(3) The statement of the Authority's reasons for its approval as a benefit for the City of
Virginia Beach and its recommendation that City Council approve the bonds described above is
attached as Exhibit E.
(4) The Fiscal Impact Statement is attached as Exhibit F.
(5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying
the Project and the principals.
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
June 20, 2006
Page 2
(6) Attached as Exhibit H is a letter from the appropriate City department commenting on
the Project.
(7) Attached as Exhibit I is an Inducement Resolution from the Lancaster County, Virginia.
12;YZ~
pag& Lea
Vice-Chair
A WS/mlg
Enclosures
X:IOID\REAL ESTATEIDEV AUTH\BONDIWORKlDA1561 Bishop Sullivan Catholic High SchooIIDA Council Ltr City & Other Funds.due
JUN-19-2006 14:36
THE VIRGINIAN PILOT
Exhibit A
TaE VIRG!NIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
The Virginian.~ilot
_.________------------------------------w---------~------------------------
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
l..INSI
I I
~---------+------------------------
KAUFMAN ~ CANDLES.
SUITE noo
150 W MAIN ST
NORFOLK VA 23510
P.C.
REFERENCS: 10236406
15245065
NOTICE OF PUBLIC aEA
State of Virginia
City of Norfolk
This day. Dreama Johnson personally appeared
before me and after being duly sworn, made oath
that:
1) She is affidavit clerk of The Virginian-Pilot,
a newspaper published by Landmark Communications
rnc" in the cities of Norfolk, Portsmouth,
Chesapeake. Suffolk, and Virginia Beach, Common-
wealth of Virginia and in the state of North
Carolina 2)That the advertisement hereto annexed
has been published in said newspaper on the date
stated.
PUBLISHED ON: 06/05 06/12
TOTAL COST:
FILED ON:
757 446 2077
P.02
NOTICE OF PUBLIC HEARING ON PRO-
POSED INOUSTRIAL'DEVELOPMENT REV.
ENUE BOND FINANCING BY THE INDus.
TRIAL DEVELOPMENT AUTHORITY Of
LANCASTER .COUNTY, VIRGINIA, FOR
BISHOP SUWVAN CATHOUC HIGH SCHOOL
NOtiee is l\ereby given ~ \I1e City ot Viliinie Beacll Deve~
Opml!:nt Authority (the l\ulhonlYl wnose lldChsa is 222 Cen-
i tr~1 p~", AWn~9, SulI8 1000. Vitgioie Beach. Vi'1lil'lia 2~2.
: WIll .h~ ~ 1lY~liC MOOIli on lh& plan of refinanCIng 01 Bi$hoo
. $oJulVJn Ci1IhOllc HIih ScllOOl. a COIllponetlt of lIie o.tholic
01_" Of Ricllmond. Vitginia (lI\e BCr~rl, wn_ ~
lIonal IllCililll (the School) ia I_~ III. 4552 Prirw;I'$$ An..
Road, Vitginia Be8Cl\, V...inia 23462. lor lhe i$$u~IlC>' 1lY lhll
Indu$tlfal lle'IlIlooment AutllOrily Of l.a~aster County. VIr-
Itlnla (tM Lancaster AutllOfil.Y). of its revcn~, bIJIld In an
amount not lD ellCeed 52,700.000 to assl.l ttle BOfTQWW In
(e) reflnencinc tile CIltIllfI'uc:lion and equlQPIng qj ~I~ic,
libr~ry and CIaWDCfI'I facilities at ~ $chOQl (coUecllYe!'f,.the
PrOJect) located III 4552 Pri~eS$ Anne Road, V1~nla IIeaCII
V'1inia. and. (b) ~ing thl cOlit of 1&5111ni the bond. ~
Pr6Jer;t i$ owned 1lY the Booower. TI1a puDlie hea(ong. which
""'y be conlln\l8d 01' iIlliouraad. will be held 81 8:30 a.m. 011
JUOO 20, 2006, before tM AUthotil>' in tile confetenc. rDQm
at 11$ otrice_ The bonds will not tlIedge the cred~ or tI18 ~
inC _"r oHIIe City Of Vitginia Ilea<:h. V1tglni;l. or lhll Alrttlor-
IIy IlUt will Ile ~~ $DI1:ly from ..vtflU9$ dllrlWd 1tom lh&
ComPlsIly. Ally per=n il1\l;rC$\~ In U19 1$8UIll1Qe of tile
bonds Dr the 1oc.o~0I1 or notU'" o1llle ProjeCt may 1lIl0000t IInd
be heard_ A copy of thQ ro6OlutJOO to'll8 COOSide<ed ~ tile
Ault10rity l'fWr thll oubllc I1earln,C will b8 on file 8I'Id Ilj)en for
in$~ion III \lle AutI1or1ty'8 olrlC8 cl.oring bu9ir'leu ~rS
prior \0 ttle P\l~IIC tleEIrillio
CI'TY Of VIRGINIA BEACH DEVELOPMEioIT
AUTHORITY
. VP June 6, 2006
~524m!\
state on the day and year
expires January 31, 2008
TnTAI P_Vl?
EXhibit B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
2006 REVENUE BOND (BISHOPSULLN AN CA mOLIC HIGH SCHOOL PROJECl)
At 8:40 a.m. on June 20, 2006, the Chainnan of the City of Virginia Beach Development
Authority (the "Authority") announced the commencement of a public hearing on the refinancing
request of Bishop Sullivan Catholic High School (the "School"), and that a notice of public
hearing was published once a week for two consecutive weeks in The Virginian-Pilot, the second
publication being not less than six (6) days nor more than twenty-one (21) days prior to the
hearing. The Chainnan indicated that a copy of the notice and a certificate of publication of such
notice have been filed with the records of the Authority and will be provided to the Clerk of the
City C;ouncil ofthe City of Virginia Beach.
. The following individual appeared and addressed the Authority: Mr. George Consalvo
appeared on behalf of the School. Mr. Consolvo described the revenue bonds of School which
will be utilized to assist the School in (a) refinancing the construction and equipping of athletic,
library and classroom facilities at the School located at 4552 Princess Anne Road, Virginia
Beach, Virginia, and (b) paying the cost of issuing the bond. Mr. Consolvo further added that it
is necessary under federal and Virginia law that the Authority hold a public hearing and that the
issuance of the Bonds by the Industrial Development Authority of Lancaster County, Virginia, be
approved by the City Council of the City of Virginia Beach.
No other persons appeared to address the Authority and the Chainnan closed the public
hearing.
The Authority then adopted a resolution (a) recommending that the Council of the City of
Virginia Beach approve the issuance of the bonds in an amount up to $2,700,000, (b) directing
the transmission of a Fiscal Impact Statement with respect to the bonds to the Council of the City
of Virginia Beach and (c) requesting that its recommendation be received at the next regular or
special meeting at which this matter can be properly placed on the Council's agenda for hearing.
: :ODMA\PCDOCS\DOCSNFK\1070646\1
Exhibit C
RESOLUTION OF
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
FOR BISHOP SULLIVAN CATHOLIC HIGH SCHOOL
WHEREAS, there has been described to the City of Virginia Beach Development Authority
(the Authority), the plan of refinancing of Bishop Sullivan Catholic High School, a component of
the Catholic Diocese of Richmond, Virginia (the Borrower), whose educational facility and place
of business (the School) is located at 4552 Princess Anne Road, Virginia Beach, Virginia 23462,
by the issuance by the Industrial Development Authority of Lancaster County, Virginia (the
\
Lancaster County Authority), of its revenue bond in an amount not to exceed $2,700,000 (the
Bond) to assist the Borrower in (a) refinancing the construction and equipping of athletic, library
and classroom facilities at the School (collectively, the Project), located at 4552 Princess Anne
Road, Virginia Beach, Virginia, and (b) paying the cost of issuing the Bond;
WHEREAS, the Project is owned by the Borrower and is located in the City of Virginia
Beach, Virginia;
WHEREAS, a public hearing with respect to the Bond as required by Virginia law and the
Internal Revenue Code of 1986, as amended (the Code), was held by the Lancaster County
Authority on May 31, 2006, and thereafter the Lancaster County Authority adopted a resolution (the
Lancaster County Authority Resolution) approving the issuance of the Bond;
WHEREAS, the Borrower has elected to proceed with a plan of refinance pursuant to which
the Bond will be privately placed with SunTrust Bank for its own account and for investment
purposes;
WHEREAS, the Borrower in its appearance before the Authority has described the debt
service cost savings relating to the issuance of the Bond as a "qualified tax-exempt obligation"
within the meaning of g265(b )(3) of the Code and the educational benefits to the City of Virginia
Beach, Virginia, to be derived from the issuance of the Bond;
WHEREAS, the Authority will not be able to issue "qualified tax-exempt obligations" in
calendar year 2006; and
WHEREAS, a public hearing with respect to the Bond as required by Virginia law and the
Code has been held at this meeting;
BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY:
1. It is hereby found and determined that the issuance of the Bond will promote
education in the City of Virginia Beach, Virginia, benefit its inhabitants and promote their safety,
health, welfare, convenience and prosperity.
2. To assist the Borrower to issue the Bond, the Authority hereby recommends that the
City Council of the City of Virginia Beach, Virginia (the Council), concur with the Lancaster
County Authority Resolution approving the Bond, the form of which is attached hereto as Exhibit
A, as required by ~15.2-4905 of the Code of Virginia of 1950, as amended (the Virginia Code), and
hereby directs the Chairman or Vice Chairman of the Authority to submit to the Council the
statement in the form prescribed by ~ 15.2-4907 of the Virginia Code, a reasonably detailed
summary of the comments expressed at the public hearing held at this meeting pursuant to
~ 15.2-4906 of the Virginia Code, and a copy of this resolution.
3. All costs and expenses in connection with the refinancing plan shall be paid from
the proceeds of the Bond to the extent permitted by law or from funds of the Borrower and the
Authority shall have no responsibility therefor.
4. All acts of the officers of the Authority which are in conformity with the purposes
and intent of this resolution and in furtherance of the issuance and sale of the Bond are hereby
approved and confirmed.
5. This resolution shall take effect immediately upon its adoption.
The undersigned hereby certify that the above resolution was duly adopted by a majority
of the directors of the Economic Development Authority of the City of Virginia Beach, Virginia,
at a meeting duly called and held pursuant to notice given pursuant to the Authority's bylaws on
June 20, 2006, and at which a quorum was present throughout and that such resolution is in full
force and effect on the date hereof.
Dated: "Su..C"\JL 1- 0
, 2006
cha2 ;;;;; of" v~~ Beach Development
Authority
: :ODMA \PCDOCS\DOCSNFK\ 1 060395\ 1
2
EXhibit D
DISCLOSURE STATEMENT
Date: June 20, 2006
Applicant's Name(s): Bishop Sullivan Catholic Higb School
All Owners (if different from applicant): NtA
Type of Application:
Rezoning: From To
Conditional Use Permit:
Street Closure:
Subdivision Variance:
Other: Bond issue through Industrial Development Authority of Lancaster County,
Virginia
******************************************************************************
The following is to be completed by or for tbe Applicant:
1. If the applicant is a CORPORATION, list all the officers of the Corporation:
,
See attached schedule.
.2. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all
members or partners in the organization: Nt A
The following is to be completed by or for the Owner (if different from the applicant)
1. Ifthe Owner is a CORPORATION, list all the officers of the Corporation: NtA
2. If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all
members or partners in the organization: NtA
IC mGH SCHOOL
By:
Dennis Price, Acting Principal
;:ODMA \PCDOCS\DOCSNFK.\1073664\1
Exhibit E
VIRGINIA
BEP.~CH
Department of
Economic Development
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website: www.vbgov.com
E-mail: ecdev@vbgov.com
INDUSTRIAL DEVELOPMENT AUTHORITY OF LANCASTER COUNTY, VA
BISHOP SULLIVAN CATHOLIC HIGH SCHOOL
REVENUE BOND
The Authority recommends approval of the captioned financing. The financing
will benefit the citizens of the City of Virginia Beach, Virginia, by providing improved
educational social and recreational facilities which promotes the health and welfare of the
City's Citizens.
Exhibit F
FISCAL IMPACT STATEMENT
SUBMITTED TO THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
The undersigned applicant, in order to permit Bishop Sullivan Catholic High School, a component of the
Catholic Diocese of Richmond, Virginia to submit the following information in compliance with Section 15.2-4907 of
the Code of Virginia of 1950, as amended, states:
Name of applicant: Bishop Sullivan Catholic High School, a component of the Catholic Diocese of Richmond,
Virginia
Facility: 4552 Princess Anne Road, Virginia Beach, VA 23462
1.
Maximum amount of fmancing sought
$2,700,000
2.
Estimated taxable value of facility's real property to be
constructed in the locality
N/A
3.
Estimated real property tax per year using present tax rates
N/A
4.
Estimated personal property tax per year using present tax rates
N/A
5.
Estimated merchant's capital tax per year using present tax rates
N/A
6.
a.
Estimated dollar value per year of goods that will be purchased
from Virginia companies within the locality
$723,400
b.
Estimated dollar value per year of goods that will be purchased
from non-Virginia companies within the locality
$175,000
c.
Estimated dollar value per year of services that will be purchased
from Virginia companies within the locality
$448,650
d.
Estimated dollar value per year of services that will be purchased
from non-Virginia companies within the locality
$53,000
7.
Estimated number of regular employees on year round basis (FTE)
60
8.
Average annual salary per employee
$38,425
Dated: June 20, 2006
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By:
~...,(,J vLL"4~
Chairman , ./"
BISHOP SULLIVAN CATHOLIC HIGH SCHOOL,
a componenj r' Catholi~DiOCr Richmond, Virginia
By: ' {..(?.....-"...-?<.:-
Acting Principal
: :ODMA \PCDOCS\DOCSNFK\1060392\2
Exhibit G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
CONCURRENCE WITH INDUSTRIAL DEVELOPMENT AUTHORITY OF LANCASTER
COUNTY, VIRGINIA
REVENUE BOND
1.
PROJECT NAME:
Bishop Sullivan Catholic High School
2.
LOCATION:
4552 Princess Anne Road
Virginia Beach, Virginia
3.
DESCRIPTION OF PROJECT:
Educational facilities
4.
AMOUNT OF BOND ISSUE:
$2,700,000
5.
PRINCIPALS:
See attached list of officers and trustees
6. ZONING CLASSIFICATION:
a. Present zoning classification
of the Property
b.
Is rezoning proposed:
Yes
Nol
c. If so, to what zoning classification? N/A
Chairman
Principal
Assistant Principals
::ODMA\PCDOCS\DOCSNFK\1073665\1
OFFICERS
Robert W. Jones, Jr.
Dennis Price
Susan Skoczynski
BOARD OF TRUSTEES
Mr.Robert Albertini
Mr. Wyatt Andrews
Mr. Michael Blount
Mr.Michael Borza
Ms. Lisa Broccoletti
Mr. Keith Curtis
Mr. William Dunn
Mr. Thomas Fraim
Mr. William Hagan
Ms. Lisa Hamlet
Mr. Robert W. Jones, Jr.
Mrs. Mary Kelly
Mr. Stanley Kozub
Mr. Lee Murphy
Mr. Dennis Price
Dr. Lawrence Sabato
Mrs.Stephanie Salerno
Mr. George Schaefer
Mr. Timothy Shaw
Ms. Susan Skoczynski
Mr. Gerald Sullivan
Mr.Martin Thomas
Mr. Stephen Whitfield
Mr. Gilbert Wirth
Exhibit H
VIRGINIA
BE.~CH
Virginia Beach
Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 385-6464
FAX (757) 499-9894
Website: www.vbgov.com
June 20,2006
Mr. Donald V. Jellig
Chairman
Virginia Beach Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach; VA 23462
Subject: Bishop Sullivan Catholic High School Bond
Dear Don:
The Department of Economic Development concurs with the refinancing of bonds by the
Industrial Development Authority of Lancaster County, Virginia in an amount not to exceed
$2,700,000 for Bishop Sullivan Catholic High School.
These funds are to be utilized for refinancing the construction and equipping of athletic, library
and classroom facilities at the school, located at 4552 Princess Anne Road in Virginia Beach,
Virginia, and paying the cost of issuing the bond. It is the finding of the Department of
Economic Development that these facilities will promote education in the City of Virginia
Beach, benefit its citizens and promote their safety, health, welfare, convenience and properity.
Sincerely,
~Ov~~.\0~
Mark R. Wawner
Project Development Coordinator
Ills
Exhibit I
A RESOLUTION
ADOPTED BV THE LANCASTER COUNlY
BOARD OF SUPERVISORS
RESOLUTION APPROVING ISSUANCE OF A
REVENUE BOND FOR
BISHOP SULLIVAN CA mOLIC IDGH SCHOOL
WHEREAS, there have been described to the Industrial Development Authority of
Lancaster County, Virginia (the Authority), the plans of Bishop Sullivan Catholic High School, a
component of the Catholic Diocese of Richmond, Virginia (the Borrower), whose educational
facility (the School) is located at 4552 Princess Anne Road, Virginia Beach, Virginia 23462, for
the issuance of the Authority's bank-qualified tax-exempt revenue bond (the Bond) in an amount
not to exceed $2,700,000 to assist the Borrower in (a) refmancing the construction and equipping
of athletic, library and classroom facilities at the School (collectively, the Project), located at
4552 Princess Anne Road, Virginia Beach, Virginia, and (b) paying the costs of issuing the
Bond; and
WHEREAS, the Project is owned by the Borrower and the Authority has held a public
hearing on May 31, 2006, with respect to the Proj ect and the issuance of the Bond as required by
Virginia law and the Internal Revenue Code of! 986, as amended (the Code); and
WHEREAS; the Code provides that the highest. elected governmental officials of the ."
governmental unit having jurisdiction over the issuer of private activity bonds shall approve the
issuance of such bonds; and
WHEREAS, the Authority issues its bonds on behalf of Lancaster County, Virginia (the
County), and the members of the Board of Supervisors of Lancaster County (the Board)
constitute the highest elected governmental officials of the County; and
WHEREAS, Section 15.2-4906 of the Code of Virginia of 1950, as amended (the
Virginia Code), provides that the Board shall within 60 calendar days from the public hearing
with respect to industrial development revenue bonds either approve or disapprove the issuance
of such bonds? and
WHEREAS, a copy of the Authority's resolution approving the issuance of the Bond, a
reasonably detailed summary of the comments expressed at the public hearing with respect to the
Bond and a statement in the form prescribed by Section 15.2-4907 ofthe Virginia Code have
been filed with the Board, together with the Authority's recommendation that the Board approve
the issuance of the Bond;
NOW THEREFORE BE IT RESOLVED,
1. The recitals made in the first and second preambles to this Resolution are hereby
adopted as a part of this Resolution.
2. The Board of Supervisors of Lancaster County, Virginia, approves the issuance
of the Bond byjlu~ Authority to assist in the plan of finance and refinance de~ribed herein .
for the benefit of the Borrower to the extent required by the Code and Section 15.2-4906 of
the Virginia Code.
3. The approval of the issuance of the Bond, as required by the Code and Section
15.2-4906 of the Virginia Code, does not constitute an endorsement to a prospective
purchaser of the Bond of the creditworthiness of the Project or the Borrower, and, as
required by Section 15.2-4909 of the Virginia Code, the Bond shall provide that neither the
County nor the Authority shall be obligated to pay the Bond or the interest thereon or other
costs incident thereto except from the revenues and moneys pledged therefore and neither
the faith or credit nor the taxing power of the Commonwealth of Virginia, the County nor
the Authority shall be pledged thereto.
4. The Board of Supervisors of Lancaster County, Virginia, hereby designates the
. Bond a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the
Code for calendar year 2006. .
5. This R~SQlution shall take. effect immediately upon its adoption.
Adopted: June 29, 2006
Attest:
William H. Pennell, Jr.
. County Administrator
2
- 19 -
Item V.I. 2.
RESOLUTIONS/ORDINANCES
ITEM #55454
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to APPOINT Kari Ann Kopnicky to the
position of Assistant City Attorney.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Ron A. Villanueva
July 18, 2006
1 A RESOLUTION APPOINTING KARl ANN KOPNICKY TO
2 THE POSITION OF ASSISTANT CITY ATTORNEY
3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA:
5 That, pursuant to ~ 2-166 of the Code of the City of Virginia
6 Beach, Kari Ann Kopnicky is hereby appointed as an Assistant City
7 Attorney, effective August 1, 2006.
8
Adopted by the Council of the City of Virginia Beach,
9 Virginia, on the 18th day of July
, 2006.
APPROVED AS TO CONTENT AND LEGAL
SUFFICIENCY:
::e~
City AttorneY~ffiCe
CA10090
H:\GG\Ordres\Appoint Kopnicky Res.doc
R-l
July 12, 2006
- 20-
Item v'L3.
RESOLUTIONS/ORDINANCES
ITEM #55455
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AMEND the FY 2006-07 Sheriff Department's Special
Revenue Operating Budget in the amount of $952,556 to establish
four (4) new positions.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Ron A. Villanueva
July 18, 2006
1
2
3
4
5
6
7
AN ORDINANCE TO AMEND THE FY 2006-07
SHERIFF'S DEPARTMENT SPECIAL REVENUE
FUND OPERATING BUDGET IN THE AMOUNT OF
$952,556 AND ESTABLISH FOUR NEW
POSITIONS
WHEREAS, the Sheriff has requested the use of Fund Balance
8 from the Sheriff's Department Special Revenue Fund to advance
9 retroactively to July 1, 2006, the 4% pay raises for uniform
10 personnel granted by the State Compensation Board to be
11 effective December 1, 2006;
12
WHEREAS, this request qualifies for the use of fund
13 balance because state revenue provides the on-going support
14 beginning in December 2006;
15
WHEREAS, additional state funding of $310,057 and the
16 required local match of $132,039 provide the funding for the 4%
17 salary increase beginning in December 2006; and
18
WHEREAS,
four additional deputy positions for court
19 security have been approved from the State Compensation Board at
20 a total cost of $173,190.
21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA:
23
1.
That the FY 2006-07 Sheriff's Department Operating
24 budget is hereby amended by $952,556 to provide for state pay
25 increases retroactively on July 1, 2006. Funding is provided in
26 the amounts set forth below:
27
a. $310,057 is hereby appropriated from the State
28
Compensation Board, with state revenue increased
29
accordingly;
30
b. $337,270
is hereby appropriated from the Fund
31
Balance of the Sheriff's Department Special Revenue
32
Fund, with local revenue increased accordingly; and
33
c. $132,039 is hereby transferred from the General Fund
34
Reserve for Contingencies as needed to fund the
35
fringe benefits for Sheriffs' personnel.
36
2.
That $117,824 of State Revenue is hereby appropriated
37 and $55,366 of General Fund Reserve for Contingencies is hereby
38 transferred to the Sheriff Department's FY 2006-07 Operating
39 Budget for the establishment of four full-time positions, with
40 state revenue increased accordingly
41
Adopted by the Council of the City of Virginia Beach,
42
Virginia on the 1Rth
day of .T111 y
, 2006.
Approved as to Content
Approved as to Legal
Sufficiency
jJ~ Q. ~
)
Management Services
. ,'--/hirYl{ ~K/^_
Clty Attorney'J Office
CA10088
GG/orders/Sheriff Pay lORD
July 7, 2006
R-3
- 21 -
Item V,L 4.
RESOLUTIONS/ORDINANCES
ITEM #55456
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $10,192 from the
Hampton Roads Squadron Association of Naval Aviation to the
Police Department's FY 2006-07 Operating Budget re the
Oceanfront Camera replacement project.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Ron A. Villanueva
July 18, 2006
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $10,192
2 FROM THE HAMPTON ROADS SQUADRON ASSOCIATION OF
3 NAVAL AVIATION TO THE POLICE DEPARTMENT'S FY
4 2006-07 OPERATING BUDGET FOR THE PURCHASE OF
5 EQUIPMENT ASSOCIATED WITH THE OCEANFRONT
6 CAMERA REPLACEMENT PROJECT
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRG INIA :
9
That $10,192 is hereby accepted from the Hampton Roads
10 Squadron Association of Naval Aviation and appropriated to the
11 Police Department's FY 2006-07 Operating Budget for the purchase of
12 equipment associated with the Oceanfront camera replacement
13 project, with donations revenue increased accordingly.
14
Adopted by the Council of the City of Virginia Beach,
15 Virginia, on the 18th day of
July
, 2006.
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
B
CA10087
V:\citylaw\00017271.DOC
R-l
July 5, 2006
June 20, 2006
- City of Virginia Beach
Dear Sir:
RE: Financial Donation.
Enclosed you will find a check made out to the City of Virginia Beach in the amount of
$10,192.43. The donation is being made to purchase camera equipment on Atlantic
Avenue. This is a gift to the city to enhance public safety and is part of our continued
25th Street Monument Project.
- 22-
Item V-J.
PLANNING
ITEM # 55457
1. MATHEWS GREEN ASSOCIATES, L.L.C.
2. a. C AND C DEVELOPMENT COMPANY, INC.
b. JESSUP CONSTRUCTION, L.L.C.
3. THE UNITED STATES FISH AND WILDLIFE
SERVICE
4. EVERETTE L. BROWN
5. CUSTOM GRANITE MANUFACTURING CO.
6. ROBERT D. VOOGT
CONDITIONAL CHANGE OF ZONING
STREET CLOSURE
VARIANCES
VARIANCES
a. 95B of the Site Plan Ordinance,
Floodplain Regulations
b. 94.4(b) of the Subdivision Ordinance
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
July 18,2006
- 23 -
Item v.J.
PLANNING
ITEM # 55458
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council APPROVED
IN ONE MOTION Items 2a/b., 3 a/b, 4, 5 and 6 of the PLANNING BY CONSENT AGENDA.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M
Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Ron A. Villanueva
Council Lady Henley DISCLOSED re Item 3a/b (The United States Fish and Wildlife Service), her
cousin is the owner of the property, being sold to the Fish and Wildlife; however, this does not constitute
a conflict. She is able to participate in the discussion and vote.
July 18, 2006
- 24-
Item v'J.1.a/b.
PLANNING
ITEM # 55459
Attorney R. J. Nutter, 222 Central Park Avenue, Phone: 687-7502, represented the applicant and
requested a thirty-day DEFERRAL. Attorney Nutter expressed appreciation to Council Lady Henley
for providing a copy of the correspondence of Chief Cade. The applicant wishes to address his
concerns and also examine the issue relative connectivity (recommendation instead of a vehicular
connection, there be a trails connection).
Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council DEFERRED
until the City Council Session of August 22, 2006, Ordinances upon application of MA THEWS
GREEN ASSOCIATES, L.L.C. re the development of a residential community with forty-nine (49)
single-family lots for a Conditional Change of Zoning and Discontinuance, closure and abandonment of
portions of Mathews Green:
ORDINANCE UPON APPLICATION OF MATHEWS GREEN
ASSOCIATES, L.L.c. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-1 TO CONDITIONAL R-20 WITH A PD-
H2 OVERLAY
Ordinance upon application of Mathews Green Associates, L.L. C. for a
Chanf!e ofZoninf! District Classification from AG-1 Agricultural District
to Conditional R-20 Residential District with a PD-H2 Overlay on
property located at 2217 Mathews Green (GPIN 2404949948).
DISTRICT 7 - PRINCESS ANNE
AND,
Ordinance upon application of Mathews Green Associates, L.L. C. for the
discontinuance, closure and abandonment of portions of Mathews Green
beginning at a point approximately 130 feet east of its intersection with
Princess Anne Road and extending 274.73 feet in an easterly direction
and the southwest quadrant of the cul-de-sac, approximately 100 feet
east of Princess Anne Road. DISTRICT 7 - PRINCESS ANNE
Voting: 9-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Ron A. Villanueva
July 18, 2006
- 25 -
Item v'J.2.a.
PLANNING
ITEM # 55460
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council APPROVED
the application of C and C DEVELOPMENT COMPANY, INC. for variances re lot size to ~4.4(b) of
the Subdivision Ordinance that requires all newly created lots meet the requirement of the City Zoning
Ordinance (CZO) re construction of two (2) single-family dwellings with one (1) existing single-family
dwelling.
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for C and C
Development Company, Inc. Property is located at 200 60th Street
(GPINs 2419717532). DISTRICT 5 -LYNNHAVEN
The following conditions shall be required:
1. The sites shall be subdivided substantially in accordance with the submitted preliminary
subdivision plan entitled "SUBDIVISION OF PARCEL B-1, RESUBDIVISION OF PARCELS A
& B, BLOCK 4, NEW VIRGINIA BEACH, SECTION 2 & LOT 1, BLOCK 4, NEW VIRGINA
BEACH, SECTION 2 ", prepared by Gallup Surveyors and Engineers, LTD., and dated February
1 0, 2006. Said plan has been exhibited to the City Council and is on file in the Planning
Department.
2. The proposed parcels are limited to the construction of single-family dwellings only. This
limitation shall be recorded as a deed restriction.
3. The design and exterior of the proposed dwellings shall substantially conform to the submitted
building elevation. The applicant shall use high quality building materials such as hardi-plank
siding, brick, and architectural grade roofing shingles. Exterior trim shall be wrapped with vinyl.
The use of vinyl siding on the body of the building is strongly discouraged. Said plan has been
exhibited to the City Council and is on file in the Planning Department.
Voting: 9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Ron A. Villanueva
July 18, 2006
- 26-
Item v'J.2.b.
PLANNING
ITEM # 55461
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council APPROVED
the application of JESSUP CONSTRUCTION, L.L.C.for variances re lot size to ~4.4(b) of the
Subdivision Ordinance that requires all newly created lots meet the requirement of the City Zoning
Ordinance (CZO) re two (2) single-family dwellings:
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Jessup
Construction, L.L. C. Property is located at 973 Little Neck Road (GPIN
14888412810000). DISTRICT 5 -LYNNHAVEN
The following conditions shall be required:
1. Thefinal plat shall show no more than two (2) parcels, as depicted on the plan entitled, "Middle
Plantation Hills and Lot 7 Property of w.E. Beasley, " dated February 14, 2005, prepared by
Bonifant Land Surveys. Said plan has been exhibited to the City Council and is on file with the
Planning Department.
2. The parcels shall connect to and utilize the public water and sewer system.
Voting: 9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M
Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Ron A. Villanueva
July 18, 2006
- 27-
Item v'J.3a/b.
PLANNING
ITEM # 55462
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council APPROVED
applications of THE UNITED STATES FISH AND WILDLIFE SERVICEfor Variances to ~5B of the
Site Plan Ordinance, Floodplain Regulations re one (1) new dwelling, drain field, well site and gravel
drive and ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirement
of the City Zoning Ordinance (CZO) due to low elevations:
Application of the United States Fish and Wildlife Service for a Variance
to Section 5B of the Site Plan Ordinance, Floodplain Regulations on
property located at 1808 Nanneys Creek Road (GPIN 2410189180).
DISTRICT 7 - PRINCESS ANNE
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for United States
Fish and Wildlife Service. Property is located at 1808 Nanneys Creek
Road (GPIN 2410189180). DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. The parcels shall be subdivided and recorded as depicted on the plan entitled "Property of
Bonnie Woodhouse Crane" prepared by Woolpert, L.L.P., and dated February 24, 2006. This
exhibit is on file with the Planning Department.
2. Prior to any new dwelling being constructed on the property, a floodplain mitigation plan
meeting all performance standards listed in Section 5(B)(f) of the Site Plan Ordinance shall be
submitted to and approved by the Planning Department, Development Services Center.
3. For Parcell, the area of fill associated with any new dwelling shall not exceed 6,700 square feet
as shown on the preliminary floodplain mitigation plan calculations prepared by Woolpert,
L.L.P. and dated March 9, 2006. These calculations are on file with the Planning Department.
4. For Parcell-A, the amount offill associated with any new dwelling shall not exceed 19,000 cubic
feet as shown on the preliminary floodplain mitigation plan calculations prepared by Woolpert,
L.L.P. and dated March 9, 2006. These calculations are on file with the Planning Department.
5. The width and surface material for the driveway serving proposed Parcel1-A shall be subject to
approval by the Fire Department.
July 18, 2006
- 28 -
Item v'J.3a/b.
PLANNING ITEM # 55462 (Continued)
Voting: 9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Ron A. Villanueva
Council Lady Henley DISCLOSED her cousin is the owner of the property, being sold to the United
States Fish and Wildlife Service; however, this does not constitute a conflict. She is able to participate in
the discussion and vote.
July 18, 2006
- 29-
Item V.J.4.
PLANNING
ITEM # 55463
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of EVERETTE L. BROWN for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF EVERETTE L. BROWN FOR
A CONDITIONAL USE PERMIT FOR BULK STORAGE AND
AUTOMOTIVE REPAIR FACILITY R070634167
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Everette L. Brown for a Conditional Use
Permit for bulk storage and automotive repair facility on property
located at 1305 and 1309 Virginia Beach Boulevard (GPIN
2417353615). DISTRICT 6 - BEACH
The following conditions shall be required:
1. The applicant shall meet all of the conditions attached to the Chesapeake Bay Preservation Area
Board variance approval dated February 24, 2003.
2. The development of the site shall conform to the submitted site plan entitled "Dukes Lane Office /
Storage ", prepared by Mel Smith and Associates, and dated June 1 ,2005. Said plan has been
exhibited to the City Council and is on file in the Planning Department.
3. The applicant shall submit the final building elevations to stafffor review and approval during
detailed site plan review. The design of the rear building shall substantially adhere to the
building photographs in the file. The design of the building fronting on Virginia Beach Boulevard
shall substantially adhere to the submitted elevation drawings. Said photographs and elevation
drawings have been exhibited to the City Council and are on file in the Planning Department.
The building colors shall be limited to earth tone colors.
4. The applicant shall provide sound attenuation measures in the buildings as required by the
Uniform Virginia Statewide Building Code.
5. The applicant shall provide a photometric plan for review and approval by City staff. All lighting
fixtures shall be designed to prevent any direct reflection and/or glare toward adjacent uses and
city streets. Lighting shall be directed at the ground and not out horizontally or toward the sky.
6. The applicant shall submit a site plan depicting the location of the bulk storage area for review
and approval. Bulk storage shall be limited to recreational vehicles (campers, boats, boat
trailers, jet skis and trailers), and construction equipment and vehicles. Vehicles, trailers and
equipment shall be stored within the designated areas. There shall be no storage of inoperative,
junked and or wrecked vehicles, and no storage of construction materials and or debris.
7. All motor vehicle repairs shall be performed within the buildings. There shall be no storage of
inoperative, junked and or wrecked vehicles outside of the buildings. Storage of parts and or
tires shall be within the buildings.
July 18, 2006
- 30 -
Item v'J.4.
PLANNING
ITEM # 55463 (Continued)
8. The applicant shall remove all inoperative, junked and or wrecked vehicles, construction
equipment and vehicles, and junk and debris from the site within sixty (60) days of approval of
this request by the City Council.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth of July Two Thousand
Six.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Reba S. McClanan, Mayor Meyera E. Oberndoif, John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Ron A. Villanueva
July 18, 2006
- 31 -
Item v'J.5.
PLANNING
ITEM # 55464
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of CUSTOM GRANITE MANUFACTURING CO. for a Conditional Use
Permit re a bulk storage yard:
ORDINANCE UPON APPLICATION OF CUSTOM GRANITE
MANUFACTURING Co. FOR A CONDITIONAL USE PERMIT FOR A
BULK STORAGE YARD R070634168
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Custom Granite Manufacturing Co. for a
Conditional Use Permit for a bulk storage yard on property located at
3488 Chandler Creek Road (GPIN 1485931499). DISTRICT 3 - ROSE
HALL
The following conditions shall be required:
1. The site shall be developed substantially in accordance with the submitted "Exhibit of Lot 13 for
Custom Granite Mfg. ", prepared by Kellam Gerwitz and dated March 7, 2006. Said plan has
been exhibited to the City Council and is on file with the Department of Planning.
2. The bulk storage area shall only be usedfor the storage of materials to the applicant's business.
There shall be no storage of inoperable contractor equipment or vehicles on the site. There shall
be no storage of motor vehicles. There shall be no sale of or the processing of scrap, salvage or
secondhand materials on the site.
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 Eighteenth of July Two Thousand
Six.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Reba S. McClanan, Mayor Meyera E. Oberndoif, John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Ron A. Villanueva
July 18, 2006
- 32 -
Item v'J. 6.
PLANNING
ITEM # 55465
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of ROBERT D. VOOGT for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ROBERT D. VOOGT FOR A
CONDITIONAL USE PERMIT FOR A FACILITY FOR THE DISABLED
R070634169
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Robert D. V oogt for a Conditional Use
Permit for a facility for the disabled on property located at 1851 and
1853 Old Donation Parkway (GPINs 24084334511851;
24084334511853). DISTRICT 5 -LYNNHAVEN
The following conditions shall be required:
1. The site shall be developed substantially as shown on the plan entitled "Old Donation Associates,
48 Bed Convalescent Center," dated Monday, May 1,2006, and Revised June 8,2006, except as
modified by the conditions below, and to include the deficiencies in dimensional requirements
depicted on the Plan. The center shall not exceed forty-eight (48) patient beds.
2. The building shall be constructed in the style, height, and configuration, and with the materials
and colors as shown, substantially as depicted on the drawing entitled "Old Donation Associates,
LLC, 48 Bed Convalescent Center, " dated Thursday, May 4, 2006.
3. The middle access point on Old Donation Parkway as shown on the plan specified in Condition 1
shall be designed during detailed site plan review to allow only a right-tum-in.
4. The required Category 4 Landscape Buffer depicted on the plan specified in Condition 1 shall
only consist of evergreen trees providing a dense screen. Shrubs may be planted as a supplement
to the evergreen trees, but not in lieu of the trees.
5. The monument style sign shown on the site plan specified in Condition 1 shall not exceed eight
(8) feet in height and shall be entirely constructed of or have a base of brick matching the
building. Any such base shall have a minimum height equal to twenty-five percent (25%) of the
total height of the sign.
6. In addition to the standpipe system depicted on the site plan specified in Condition 1, the facility
shall have afire suppression/sprinkler system as required for all Institutional uses under the
Building Code.
7. There shall be no heating, ventilation or air conditioning (HVAC) mechanical equipment located
on the side of the building adjacent to the residential lots to the South.
8. A lighting plan showing all new extemallighting fixtures proposed shall be submitted for review
with the detailed site plan.
9. Construction material deliveries shall occur only between the hours of 7:00 a.m. and 10:00 p.m.,
and construction activities shall not commence until 7:00 a.m. on Monday through Friday and
until 8:00 a.m. on Saturday.
July 18, 2006
- 33 -
Item v.J. 6.
PLANNING
ITEM # 55465 (Continued)
10. The center shall only treat patients with cognitive impairment, such as Alzheimer's Disease, and
shall not admit patients seeking treatment for drug or alcohol addiction.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth of July Two Thousand
Six.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Reba S. McClanan, Mayor Meyera E. OberndorJ, John E. Uhrin,
Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Ron A. Villanueva
July 18, 2006
Item V-K.1.
- 34-
APPOINTMENTS
ITEM # 55466
BY CONSENSUS, City Council RESCHEDULED:
BEACHES AND WATERWAYS COMMISSION
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
BUILDING CODE OF APPEALS - New Construction
BOARD OF ZONING APPEALS
COMMUNITY SERVICES BOARD
EASTERN VIRGINIA HEALTH SYSTEMS AGENCY
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
SOCIAL SERVICES BOARD
SPORTS AUTHORITY OF HAMPTON ROADS
July 18, 2006
- 35 -
Item V-No
ADJOURNMENT
ITEM # 55467
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:23 P.M.
~~____~~_L-t~~L~
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
Reba S. McClanan
Council Lady
(2~~~~_;-
~dges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
July 18, 2006