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MARCH 19, 1984 MINUTES "VVORLD'S LARGEST RESORT CITY" CITY COUNCIL AIAYOR LO[IIS /@. ]ONES, B.y,id@ B.,..gb VICE-MAYOR 13ARBARA M. [IENLEY, P.,,g. B@,..gb IOIIN A. 8,11]M, B.,..gh NANCY A. CREECII. Al L.,g@ IIAROLD iif,.'ISCIIO13ER, At L-IR@ It. JACK IL@NVIV(;S, JR., B,,,,,.gh R013FRT (;. 10,@ ES. A, L,,,g@ W. Ii. K17CIIIN. Iii. Vi,gi,,i,, 13 ... b REBA S. M,(-L,INAV, A ... @ B.,.,,gh 212 Ci7 Y [/ALL BIJILDING ItEVR)' il, CO)', IR., K@.p,,,ill, B ....... gb @111,NiCIPAL Cl.@N7ER Mt@l'ERA E. 013ERNi)ORF, At L.,g, VIRGINIA IIEACII, VIRGINIA 2345(, Rt/711 1101)(;ES SAtll Ii, Cklc, Cily (,-Illk (804) 427-4 30 3 CITY COUNCIL AGENDA March 19, 1984 ITEM 1. INFORMAL SESSION: 12:30 p.m. A. CALL TO ORDER Mayor Louis R. Jones B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor. 2. Matters for discussion by Council. a. Report from City Attorney Reaardinc, Cablecasting of Council Meetings and FCC Regulati'ons. E. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Flood Plain Maps. 2. Review of Consent Agenda ITEM 11. FORMAL SESSION: 2:00 p.m- A. INVOCATION: Reverend J. E. Foster, Jr. Thalia Lynn Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. FLECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of March 12, 1984. a. Correction Item #21505, March 5, 1984. b. Correction Item #21507, March 5, 1984. E. RESOLUTIONS: 1. Industrial Development Revenue Bonds a. James A. Albano, Jr., Facility ($279,360) b. Aragona-Garcia Enterprises, Inc. ($2,500,000) c. Princess Anne I Associates ($4,000,000) d. Thalia I Associates ($2,000,000) e. Wayside I Associates ($2,000,000) 2. Special Revenue Bonds a. Resolution approving the issuance of Special Revenue Bonds to Lake Bradford Apartments ($4,000,000) through the Suffolk Redevelopment and Housing @uthority. b. Resolution approving the issuance o,@ Special Revenue Bonds to PHP Associates ($4,250,000) through the Hampton Redevelopment and Housing Authority. F. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City CoLincil and will be enacted by one motion in the form listed. There w i I I be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Resolution authorizing the enlargement of the nonconforming structure located at 61st Street and Atlantic Avenue (Property of Mary B. Hamilton). 2. Ordinance to Transfer $19,000 within the Community Development Program. 3. Ordinance to Transfer Capital Project Funds of $300,000 for capping of Mount Trashmore Park. 4. Raffle Permits: Virginia Beach Arts Center Pembroke Elementary PTA 5. Request of the City Treasurer for tax refunds in the amount of $138-16. G. PLANNING 1 App I i cat i on of Aubrey C - Lee, Jr ., and L i ndo B. Lee for a conditional use permit for a duplex on the south side of F3th Street, West of Cypress Avenue (Virginia Beach Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 2. Applications of COD[ Associates for conditional use permits, on the east side of Atlantic Avenue, nor-@h of 20th Street (Virginia Beach Borough): For a parking lot; AND bicycle rental stand. a. Letters from the City Manager transmit the recommendations of the Planning Commission for approval of these applications. 3. Application of Mr. and Mrs. Peter Manchlo for a change of zoning from AG-2 Agricultural District to R-9 Residential- To-wnhouse District on a 7.3-acre parcel located along the east and west sides of Turley Lane, south of Dam Neck Road (Princess Anne Borough). a. Letter from the Planning Commission transmits the recommendation of the Planning Commission for denial. 4. Appl ications of H. E. Brown, J. W. Brown, and J. G. Brown for changes of zoning on sites located alc)ng the north side of Princess Anne Road, west of Oceana Boulevard (Princess Anne Borough): R-3 Residential District to R-5 Residential District on a 13.3-acre parcel; AND, AG-2 Agricultural District to R-8 Residential District on a 1,307-square fcot parcel; AND, AG-1 Agricultural District to R-5 Residential District on an 82.3-acre parcel; AND, AG-2 Agricultural District to R-5 Residential District on a 9.6-acre parcel; AND, AG-1 Agricultural District to R-8 Resideni-ial District on a 22.8-acre parcel. a. Letter from the City Manager transmit the recommendations of the Planning Commission for approval of these applications. H. UNFINISHED BUSINESS I 1. NEW BUSINESS J. ADJOURNMENT 1. Motion to adjourn 8 Item II-D.1 MINUTES ITEM # 21599 u@on motion by Vice Mayor Henley, seconded by Councilwoman oberndorf, City Council APPROVED the Minutes of March 19, 1984, with a correction as follows: Page 26 - ITEM # 21582 (ORDINANCE UPON APPLICATION OF H. E. BROWN, J. W. BROWN AND J. G. BROWN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO R-8 Z0384836) REPLACE 2.3 units per acre with 4 units per acre in the iollowing condition: 1. The applicant voluntarily agrees to limit density on the site and the adjoining site ZONED R-5 Residential District to 274 4 units per acre. Voting: 10-0 I Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. oberndorf Council Members Voting Nay: None Council Members Absent: NanCy A. Creech March 26, 1984 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 19, 1984 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Louis R. Jones in the Conference Room, City Hall Building, on Monday, March 19, 1984, at Twelve Thirty in the afternoon. Council Members Present: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech* Note: Councilwoman Creech entered the Informal Session at 12:40 p.m. March 19, 1984 - 2 - ITEM # 21557 Mayor Jones entertained a motion to permit Council to conduct its INFORMAL session to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public pur- pose, or 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. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. I Upon motion by Councilman Baum, seconded by Councilman Kitchin, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D. D.S., and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech March 19, 1984 - 3 - M A T T E R S B Y C 0 U N C I L CLEVELAND STREET DORSET AVENUE INTERSECTIONS IMPROVEMENTS ITEM # 21558 Councilman McCoy spoke in reference to the Public Hearing held March 15, 1984, concerning Cleveland Street and Dorset Avenue Intersection Improvements. It is an extremely dangerous intersection. This project will reconstruct the existing intersection by transilioning the southeast leg of Euclid Road into the north leg of Dorset Avenue at the intersecton. Councilman McCoy displayed a map he had drawn to illustrate his comments. Councilman McCoy had been unable to attend this Public Hearing, but had been advised that businesses located for many years along Euclid Road were OPPOSED and speaking of litigation. City Manager Muehlenbeck stated that a report of the PUBLIC HEARING will be returbed to Council next week listing all the advantages and disadvantages. FCC REGULATIONS ITEM # 21559 City Attorney Dale Bimson reported to Council regarding cablecasting at Council Meetings and Federal Communications Commission Regulations. The Couclusion was that the broadcasting does not evoke the FAIRNESS DOCTRINE. There are exemptions that include on-the-spot coverage of bona fide news events including but not limited to political conventions and activities incidental thereto. This matter was discussed with Jerry Freeman of the FCC in Norfolk, and he was in agreement with this position. Councilman Jennings expressed his appreciation to City Attorney Bimson for his research. March 19, 1984 - 4 - M A T T E R S B Y C I T Y M A N A G E R FLOOD PLAIN MAPS ITEM # 21560 Chief of Comprehensive Planning Jack Whitney presented Graphs to illustrate the effect of the recently issued FLOOD PLAIN MAPS received from the Corps of Engineers. Mr. Whitney displayed a city map showing in "gray" those areas in the 100 year Flood Plain under the previous set of Flood Plain Maps, and in "red" those areas where the new Flood Plain Maps show addi- tional coverage. The areas where it was particularly significant were the West Neck Creek Area, portions of Stumpy Lake, and Salem Canal area. Mr. Whitney stated that the accompanying map was really a "snapshot" of the City from Indian River Road -up to the northern limit of what we call our Flood Plains for special consideration, which means those Flood Plains in the southern part of the City, where there are additional regulations pertaining to filling in the Flood Fringes. The colors represented various existing zoning categories for those Flood Plains, and the acreages of all have been measured. This area showed an increse in the area of the Flood Plain of about twenty-two (22%) percent. This was basically a study window of approximately 29,100 acres. The cross hatched areas represented the additional Flood Plains coming from the new maps, once again West Neck Creek and Salem Canal where it was most apparent. In the absence of Flood Way on the older maps, a soil classification had been utilized which, was believed represented a working Floodway. The difference between this soil classification and the "mathematical" Flood Way, developed by the Corps, amounted to a reduction. The reason for the increase in the area of the Flood Plain was believed to be due to a different way of calculating, plus development that has occured within a thirteen (13) year time span since the original Flood Plain Maps were produced and also includes run-off. Total Number of acres in New Flood Plain on which Mr. Whitney had focused is 8,769. Additional number of acres over and above the previous maps increased: 1,557. Theoretically, the City could have an extensive flood in Virginia Beach without a drop of rain. March 19, 1984 - 5 - M A T T E R S B Y C T T Y M A N A G E R (Continued) CONSENT AGENDA 61st STREET/ AT,LANTIC AVEN@TE NONCONFORMING STRUCTURE ITEM # 21561 Counci-lman Beischober comrnented on whether the enlargement of the nonconforming struct-ure located at 61st Street and Atlantic Avenue (See Item II.F.1 of the Formal Agenda) conformed to the reduction in maximum lot coverage from forty f4O%) to thirty (30%) percent. City Manager Muehlenbeck advised that he would have Robert Loher, Director of Permits and Inspections, reply before the Formal Session. COMMUNITY DEVELOPMENT PROGRAM ITEM # 21562 Vice Mayor Henley inquired as to the utilization of the old T@ibrary Site once the Housing and Community Development Office was moved to Rose Hall Cormnons. (See Item II.F.2 of the Formal Agenda). City Manager Muehlenbeck replied that first various departments would be inventoried to ascertain if there is another use for this site. He indicated there has been some interest in selling this piece of property. MOUNT TRASHMORE PARK ITFM # 21563 Councilman Heischober questioned spending of Three hundred thousand ($300,000) dollars to minimize a problem that may reoccur (See Item II.F3 of the Formal Agenda). The City Manager replied that this would be Phase I 'and if the "capping" did not remarkebly reduce the problem, they would be returninq to Council with an alternate recommendation. Councilman Jennings mentioned the possibility of a poly sheet being laid down prior to the clay, which he understood had been used very successfully in other parts of the country for similar type of problems. Director of Public Works C. Oral Lambert replied that this seal would add approximately $100,000 or more to the Project, and was not necessary with the two foot clay liner. Clay is the most economic way for it to be sealed. W. B. SHAFER BOOK ITEM # 21564 Mr. W. B. Shafer, Jr. distributed copies of his book on the Norfolk/Virginia Beach area to City Council. (Said book is hereby made a part of the record). March 19, 1984 - 6 - RECESS INTO EXECUTIVE SESSION TTEM # 21565 City Council recessed into EXECUTIVE SESSION at One Fifteen in the afternoon. March 19, 1984 - 7 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL March 19, 1984 2:00 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend J. E. Foster, Jr. Pastor Thalia Lynn Baptist Church PLEDGE OF ALLEGIANCE TO TBE FLAG OF THE UNITED STATES OF AMERICA March 19, 1984 8 Item II-D.1 MINUTES ITEM 21566 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Councl APPROVED the Minutes of March 12, 1984. Voting: 11-0 Council members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 19, 1984 9 Item II-D.1a.b. CORRECTIONS MINUTES/MARCH 5, 1984 ITEM # 21567 Upon motion by Vice Mayor Henley, seconded by Councilwoman oberndorf, City Council APPROVED the CORRECTIONS to the Minutes of March 5, 1984. Conditions had been omitted from the temporary encroachments to Virginia Beach Arts Center, and L. A. Hobbs (ITEM # 21505, Page 21) and ITEM # 21507, page 23) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 19, 1984 - 9a - CORRECTIONS TO C117 COUNCIL MINUTES OF MARCH 5, 1984 CONDITIONS WERE OMITTED ON TRE FOLLOWING: item II-I.6 Page 21 CONSENT AGENDA ITEM # 21505 City Council ADOPTED an Ordinance to athorize a temporary encroachment into a portion of the right-of-way of Park Avenue and 22nd Street to the Virginia Beach Arts Center, its assigns and successors in title, subject to the following conditions: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of this encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner agrees to construct this encroachment in accordance with City specifications. 5. This encroachment shall not be in effect until the owner has executed an agreement encompassing the above conditions. Item 11-I.8 Page 23 CONSENT AGENDA ITEM # 21507 City Council ADOPTED an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Ocean Shore Avenue to L.A. Hobbs, his heirs, assigns and successors in title, subject to the following conditions: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of this encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner agrees to maintain said encroacbment so as not to become or cause a drainage problem with the City's right-of-way. 5. The owner agrees to construct this encroachment in accordance with City specifications. 6. This encroachment shall not be in effect until the owner has executed an agreement encompassing the above conditions. March 19, 1984 - 10 - Item II-D.2 ADD-ON PRESENTATION ITEM # 21568 Mayor Jones presented a RESOLUTION OF APPRECIATION to the following: SAMUEL MARTINETTE . . . . . . . Planning Commission March 19, 1984 Item II-E. 1 RESOLUTIONS ITEM 21569 Upon Motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED Resolutions approving the issuance of Industrial Development Revenue Bonds for the following: JAMES A. ALBANO, JR., FACILITY ($ 279,360) ARAGONA-GARCIA ENTERPRISES,INC. ($2,500,000) PRINCESS ANNE I ASSOCIATES ($4,000,000) THALIA I ASSOCIATES ($2,000,000) WAYSIDE I ASSOCIATES ($2,000,000) *The Motion for Adoption will include the Paragraph from Assistant City Attorney Charles Salle's DISCLAIMER LETTER as previously included in Item #21437, page 11 of the City Council of Virginia Beach Minutes of February 27, 1984. Voting: 8-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., and Meyera E. Oberndorf Council Members Absent: None March 19, 1984 - 11 a - SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: James A. Albano, Jr. Facility Project Location: Northern side Kempshriver Drive 862 feet west of the intersection of the northern right-of-way line of Kempshriver Drive and the western right-of-way line of Kempsville Road, Virginia Beach, Virginia Description of Project: Dry cleaning Plant Amount of Bond(s): $279,360 Principal: James A. Albano, Jr. March 19, 1984 - llb - FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: FEBRUARY 13, 1984 TO: THE CITY COUNCIL OF VIRGINIA SEACH, VIRGINIA PROJECT NAME: JAMES A. ALBANO, JR. FACILITY TYPE OF FACILITY: DRY CLEANING PLANT 1. Maximum amount of financing sought $279,360.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 70,000.00 3. Estimated real property tax per year using present tax rates $ 1,610.88 4. Estimated personal property tax per year using present tax rates $ 350.00 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 913.75 6. Estimated dollar value per year of goods and services that will be purchased locally $ 40,000.00 7. Estimated number of regular employees on year round basis 10 8. Average annual salary per employee $ 8,800.00 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. City of Virginia Beach Development Authority By Chairman March 19, 1984 - llc - RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR JAMES A. ALBANO, JR. WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of JAMES A. ALBANO, JR. (Albano) whose address is 234 West 22nd Street, Norfolk, Virginia, 23517, for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $279,360 (the Bonds) to assist in financing Albano's acquisition of a .377 acre parcel of land located on the North side of Kempshriver Drive approximately 862 feet West of the intersection of the northern right-of-way line of Kempshriver Drive and the western right-of-way line of Kempsville Road in the City of Virginia Beach, Virginia, and construction thereon, and equipping of, a dry cleaning plant containing approximately 3,000 sq. ft. of space (collectively, the Facility) to be owned by James A. Albano, Jr. and leased to Albano Cleaners, Inc., and has held a public hearing thereon on March 13, 1984; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bonds to comply with (i) Section 103(k) of the Internal Revenue Code of 1954, as amended (the Internal Revenue Code) and (ii) Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the Virginia Code); and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing, if any, and the fiscal impact statement required by Section 15.1-1378.1 of the Virginia Code have been filed with the Council of the City; March 19, 1984 - lld - -2- THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City approves the foregoing recitals which are incorporated in, and deemed a part of, this Resolution as if fully set forth herein. 2. The Council of the City approves the issuance of the Bonds by the Authority, for the benefit of Albano, to the extent of and as required by Section 103(k) of the Internal Revenue Code and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Facility. 3. The approval of the issuance of the Bonds, as required by Section 103(k) of the Internal Revenue Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of Albano; but, pursuant to Chapter 643 of the 1964 Acts of the General Assembly of Virginia, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth the City or the Authority shall be pledged thereto. 4. In approving this Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable, and hereby disclaims all liability for, any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Authority in march 19, 1984 - lle - -3 - its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the AUthority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 5. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on ma,,b ig i,)g 1984. March 19, 1984 - lif - SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: ARAGONA-GARCIA ENTERPRISES, INC. A VIRGINIA CORPORATION Project Location: 3300 VIRGINIA BEACH BOULEVARD, VIRGINIA BEACH, VIRGINIA Description of Project: CAPITAL IMPROVEMENTS TO AN EXISTING SHOPPING CENTER FACILITY LOCATED ON APPROXIMATELY 26 ACRES OF LAND AND TWO ADDITIONAL ONE STORY FACILITIES EACH CONSISTING OF APPROXIMATEIY 15,000 SQUARE FEET FOR USE AS A SHOPPING CENTER FACILITY Amount of Bond(s): $2,500,000.00 Principals: EDWARD S. GARCIA 2.13.16.C March 19, 1984 llg Revised 11/1/83 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DA,rE: TO THE CITY COUNCIL Of VIRGINIA BEACH, VIRGIMIA APPLICANT: Aragona-Garcia Enterprises, Inc. FACILITY: 1. Maximum amount of financitig souqht $ 2,500,000.00 2. Estimateti taxable value of the facility's real property to be constructed in the municipality $ 1,000,000.00 3. Estimated real property tax per year using present tax rates $- 8,000.00 4. Estimated personal property tax per year using present tax rates $ 1 2@, 500. 00 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 7 500.00 6. Estimated dollar value per y*ar of goods and services t-hat wil,l be purchased locally $ 4,500,000.00 7. Estimated number of r*gular exployo*a on year round basis $ 50. B. Average annual salary ptr employee $ 10,000. 00 The information containod In this Statement is based solely on facto and estimates provided by the Applicant, and the Authority has made no independent inves i atiq_q )get City of Virginia Beach Development Authority BY@- ChairRan March 19, 1984 - llh - RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR ARAGONA-GARCIA ENTERPRISES, INC., A VIRGINIA CORPORATION WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application and plan of financing of Aragona-Garcia Enterprises, Inc., a Virginia corporation (the "Company") for the issuance of the Authority's Industrial development revenue bonds in wi amount estimated at Two Million Five Hundred Thousand DoUars ($2,500,000.00) (the "Bonds") to assist in the financing of the Companvls capital improvements to an existing shopping center facility located on approximately 26 acres of land located at 3300 Virginia Beach Boulevard, Virginia Beach, VirgirAa and the construction and equipping thereon of two additional shopping center facilities each consisting of a 15,000 square foot one story facility (the "Facility") and after proper notice In a newspaper of general circulation has held a pubiie hearing thereon on March 13, 1984; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "Clty") to approve the Issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1 Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subiect to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virgirda Beach, Virginia, appro- ves the Issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Aragona-Garcia Enterprises, Inc., a Virginia corporation to the extent of and as requlred by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. -1- March 19, 1984 - iii - 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefore, and nelther the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. In approving the Resolution, the City of Virginia Beach, including Its elected representatlves, officers, employees, and agents, shall not be liable and hereby disclalms all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Project for any reason, inleuding but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Project to allocate a portion of its allowable industrial development bond volume to the Project if the Issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. ADOPTED by a majority of a quorum of the Council of the City of Virglnia Reach, Virginia on March @, 1984. 2.13.15.C -2- March 19, 1984 - lij - SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: PRINCESS ANNE I ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP (BEING FORMED) Project Location: TO BE CONSTRUCTED ON APPROXIMATELY NINE (9) ACRES OF LAND LOCATED AT THE NORTHWEST INTERSECTION OF TIFFANY LANE AND PRINCESS ANNE ROAD, VIRGINIA BEACH, VIRGINIA Description of Project: A ONE STORY SHOPPING CENTER FACILITY TOTALING APPROXIMATELY 80,000 SQUARE FEET Amount of Bond(s): $4,000,000.00 Princlpals: EDWARD S. GARCIA, JR. AND MICHAEL F. GELARDI 2.13.20.C March 19, 1984 llk Revised 11/1/83 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL RCVENUE OOND FINANCING DA'PE: TO THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA APPLICANT; Princess Anne I Associates FACILITY: 1. Maximum amount of financilly souqht $ 4,000,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 2,600,000.00 3. Estimated real property tax p*r year using present tax rates $ 36,400,00 4. Estimated personal property tax per year using present tax rates $ 37, 7 50. 00 5. Estimated merchants' capital (business license) tax per year using present tax - rat*s $ 22,000. 00 6. Estimated dollar value per year of goods and sorvices t-hat will be purchased locally $ io.ooo.ooo.oo 7. Estimated number of regular employees on year round basis $ 200. 8. Average annual salary p*r emplayeo $ 14,000.00 The information contained In this Statement in based solely on facts and estimates provided by th* Applicant, and the Authority has ma e no indepoLi4tt!!t tqyqstigatlq Ith ct d Etpg City of Virginia Beach Development Authority By- Chairmin March 19, 1984 - 11 1- RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR PRINCESS ANNE I ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP (BEING FORMED) WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the applicatlon and plan of financing of Princess Anne I Associates, a Virgirda general partnership (being formed) (the "Company") for the Issuance of the Authority's industrial development revenue bonds in an amount estimated at Folir Million Dollars ($4,000,000.00) (the "Bonds") to assist In the financing of the Company's acquisition of approximately nlne (9) acres of land located at the northwest intersection of Tlffany Lane and Princess Anne Road, Virginia Beach, Vlrginia and the construction and equipping thereon of a shopping center facility for the public totaling approximately 80,000 square feet (the "Facility") and after proper notice in a newspaper of general circulation has held a public hearing thereon on March 13, 1984; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1 Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the Issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, If any, have been flled with the Council of the City of Virg@a Beach, Virgiriia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virgirda Beach, Virginia, appro- ves the issuance of the Bonds by the City of Virgi@a Beach Development Authority for the benefit of Princess Anne I Associates, a Virginia general partnership (belng formed) to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. -1- March 19, 1984 - llm - 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefore, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Project for any reason, inlauding but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Project to allocate a portion of its allowable Industrial development bond volume to the Project if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. ADOPTED by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on March l), 1984. 2.13.19.C -2- March 19, 1984 - lln - SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: THALIA I ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP (BEING FORMED) Project Location: TO BE CONSTRUCTED ON APPROXIMATELY TWO (2) ACRES OF LAND LOCATED ON THE NORTH SIDE OF VIRGINIA BEACH BOULEVARD, APPROXIMATELY 600 FEET EAST OF THALIA ROAD, VIRGINIA BEACH, VIRGINIA Description of Project: ONE TWO STORY COMMERCIAL OFFICE FACILITY TOTALING APPROXIMATELY 20,000 SQUARE FEET Amount of Bond(s): $2,000,000.00 Principals: MICHAEL F. GELARDI AND EDWARD F. GARCIA 2.13.12.C March 19, 1984 110 Revised lr/l/83 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANcrNG DA'rE: TO THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA APPLICANT: Thalia I Associates FACILITY: 1. Maximum amount of financing souqht s 2,000,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $- 1,500,000.00 3. Estimated real property tax per year using present tax rates $ 14,800.00 4. Estimated personal property tax per year using present tax rates $ 1 3.,320. 00 5. Estimated merchants, capital (busin*ss license) tax per year using present tax rates $ 11 000. 00 6. Estimated dollar value per y*ar of goods and services t-hat wLi.1 be purchased 88, 000.00 locally $ 7. Estimated number of regular employeon on 80-100 year round basis $ S. Average annual salary per employ*@ $ 16,500. 00 The Information contained In this Statement in based solely on facts &nd estimates provided by th* Applicant, and the Authority has made no ind!kklt@oppt inventig4tign -WI@h r@tptgt City of Virginia Beach Development Authority By- Chairm@n March 19, 1984 RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THALIA I ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP (BEING FORMED) WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application and plan of financing of Thalia I Associates, a Virginia general partnership (being formed) (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount estlmated at Two M!Uion Dollars ($2,000,000.00) (the "Bonds") to assist in the financing of the Company's acquisition of two (2) acres of land located on the north side of Virginia Beach Boulevard, approximately 600 feet east of Thalia Road, Virginia Beach, Virginia and the construction and equipping thereon of a commercial office facility totaling approximately 20,000 square feet (the "Facility") and after proper notice In a newspaper of general circulation has held a public hearing thereon on March 13, 1984; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1 Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginla Beach, Virginia, appro- ves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Thalia I Associates, a Virginia general partnership (being formed) to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authoritv to assist in the financing of the Facility. -1- March 19, 1984 llq - 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefore, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to Issue bonds for the Project for any reason, tnleuding but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Project to allocate a portion of its allowable industrial development bond volume to the Project if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. ADOPTED by a majority of a quorum of the Councll of the City of Virginia Beach, Virginia on March 19, 1984. 2.13.10.C -2- March 19, 1984 - llr - SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: WAYSIDE I ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP (BEING FORMED) Project Location: TO BE CONSTRUCTED ON APPROXIMATELY TWO (2) ACRES OF LAND LOCATED ON THE NORTH SIDE OF VIRGINIA BEACH BOULEVARD APPROXIMATELY 625 FEET WEST OF STEPHNEY LANE, VIRGINIA BEACH, VIRGINIA Description of Project: ONE TWO STORY COMMERCIAL OFFICE FACILITY TOTALING APPROXIMATELY 20,000 SQUARE FEET Amount of Bond(s): $2,000,000.00 Principals: MICHAEL F. GELARDT AND EDWARD S. GARCIA 2.13. 1 1. C March 19, 1984 IIS Revised 11/1/83 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL RZVENUE BOND FINANCING DA,rE: TO THE CITY COUNCIL OF VIF4GINIA BEACH, VIRGIMIA APPLICANT: WAYSIDE I ASSOCIATES FACILITY: 1. Maximum amount ot financitig souqht s2,000,000-00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $-1,500,000.00 3. Estimated real property tax per year using present tax rates $- 14,800.00 4. Estimated personal property tax per year using present tax rates $- 13,320..00 S. Estimated merchants' capital (busin*ss licens*) tax per year using present tax rates s 11,000.00 6. Estimated dollar value per year qf goods and services t-hat wti.1 be purchased locally $ 88,000.00 7. Estimated number of regular employ*es on year round basis 080 S. Average annual salary per *mploye* $ 16,500-00 The information contained In this Statement to basod solely on facto and estimates provided by the Applicant, and the Authority has made no in !tpo!ndent inventig4tlon ith rogg -W ct City of Virginia Beach Development Authority By- Chalrm;n March 19, 1984 - lit - RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR WAYSIDE I ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP (BEING FORMED) WHEREAS, the City of Virginla Beach Development Authority (the "Authority") has considered the application and plan of financing of Wayside I Associates, a Virgirda general partnership (being formed) (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount estimated at Two Million Dollars ($2,000,000.00) (the "Bonds") to assist in the financing of the Company's acquisition of approximately two (2) acres of land located on the north side of Virginia Beach Boulevard approximately 625 feet west of Stephney Lane, Virginia Beach, Virginia and the construction and equipping thereon of a commercial office facility totaling approximately 20,000 square feet (the "Facility") and after proper notice in a newspaper of general circulation has held a public hearing thereon on March 13, 1984; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the Issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1 Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reaso- nably detailed summary of the comments expressed at the public hearing, if wiy, have been filed with the Council of the Clty of Virginia Beach, Vi rg@ a; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, appro- ves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Wayside I Associates, a Virginia general partnership (being formed) to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. Ilu - 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditwortl.dness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefore, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Project for any reason, inleuding but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Project to allocate a portion of Its allowable industrial development bond volume to the Project if the Issuance of tax-exempt bonds by the Authority is restrlcted by any State or Federal statute now or hereafter enacted. ADOPTED by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on March 19 , 1984. 2.13.9.C -2- March 19, 1984 - 12 - Item II-E.2.a RESOLUTIONS ITEM # 21570 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED a Resolution approving the issuance of Special Revenue Bonds to LAKE BRADFORD APARTMENTS ($4,000,000) through the SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY. Voting: 11-0 Council Members Voting Aye; John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 19, 1984 - 12a SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE ISSUED,BY SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY Project Name: Lake Bradford Apartments Project Location: 2252 Pleasure House Road Virginia Beach, Virginia Description of Project: Multifamily rental housing apartment complex Amount of Bond(s): $4,000,000 Principals: Vincent J. Mastracco, Jr. Thomas C. Broyles James R. Morrow The purpose of this Resolution is to approve Suffolk Redevelopment and Housing Authority's issuance of its Special Revenue Bonds for the benefit of Lake Bradford Apartments A fiscal impact statement is attached to and submitted with this Resolution. March 19, 1984 12b 11/5/ 8 3 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: January 27, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Lake Bradford Apartments TYPE OF FACILITY: Multifamily Rental Housing Project 1. Maximum amount of financing sought $ 4 , 000 , 0 00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 41000,000 3. Estimated real property tax per year using present tax rates $ 32,000 4. Estimated personal property tax per year using present tax rates $ 14,700 5. Estimated merchants' capital (business license) tax per year using present tax rates $ N/A 6. Estimated dollar value per year of goods and services that will be purchased locally $ 205,000 7. Estimated number of regular employees on year round basis $-- 3 8. Average annual salary per employee $ 15,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By Chairman March 19, 1984 - 12c - RESOLUTION OF CITY COUNCIL OF VIRGINIA BEACH APPROVING ISSUANCE OF BONDS FOR LAKE BRADFORD APARTMENTS WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the request of the Bradford Group (the Company) for the issuance of the Suffolk Redevelopment and Housing Authority's (the Suffolk Authority) rental housing development bonds in an amount not to exceed $4,000,000 (the Bonds) to assist in the financing of the Company's acquisition of a multi-family rental housing project (the Facility) known as Lake Bradford Apartments located at 2252 Pleasure House Road, in Virginia Beach, Virginia (the City), and to be owned by the Company, and the City of Virginia Beach Development Authority (the Authority) has held a public hearing thereon on March 13 1984. WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended, provides that the highest elected governmental officials of the governmental units having Iurisdiction over the issuer of rental housing development 3 bonds and over the area in which any facility financed with the proceeds of rental housing development bonds is located shall approve the issuance of such bonds; and WHEREAS, the Facility is located in the City and the members of the City Council of Virginia Beach (the (Council) constitute the highest elected governmental offi- cials of the City; and WHEREAS, Section 15.1-1378.1 of the Code of Virginia of 1950, as amended, provides that the Council shall within 60 calendar days from the public hearing with respect to rental housing development bonds either approve or disapprove the issuance of such bonds; and WHEREAS, the Authority has recommended that the Council approve the issuance of the Bonds; and WIIEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing with respect to the Bonds and a Fiscal Impact Statement in the form prescribed by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, and a reasonably detailed summary of the comments expressed at the public hearing, if any have been filed with the Council; BE IT RESOLVED BY THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the preambles to this Resolution are hereby adopted as a part of this Resolution. 2. The City Council of Virginia Beach, Virginia, approves the issuance of the Bonds by the Suffolk Authority for the benefit of the Company, to the extent required by Section 103(k) of the Internal Revenue Code of 1954, as amended (the Code), and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the Virginia Code), to permit the Suffolk Authority to assist in the financing of the Facility. 3. The approval of the issuance of the Bonds, as required by Section 103(k) of the Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the March 19, 1984 - 12d - creditworthiness of the Facility or the Company, but, as required by Section 36-29 of the Virginia Code of 1950, as amended, tht Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the City nor the Authority shall be pledged thereto. 4. This Resolution shall take effect immediately upon its adoption. Adopted by a quorum of the Council of the City of Virginia Beach, Virginia, on march 19 1984. -2- March 19, 1984 1 3 Item II-E.2.b RESOLUTIONS ITEM 21571 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED a Resolution approving the issuance of Special Revenue Bonds to PHP ASSOCIATES ($4,250,000) through the HAMPTON REDEvELOPmENT AND HOUSING AUTHORITY. Voting: 11-0 Council M @ ers Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Merrbers Voting Nay: None Council Members Absent: None March 19, 1984 13a SUMMARY SHEET CITY OF VIRGINIA BEACH DEVETOPMENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE ISSUED BY HAMPTON REDEVELOPMENT AND HOUSING AUTHORITY Project Name: PHP Associates Salt Marsh Point between Norfolk Avenue Location: and Rudee Inlet 114 Apartment Units with Recreational Description of Project: Facilities (Tennis Court & Swimming Pool) Amount of Bond Issue: Not to Exceed $4,250,000.00 Principals: George Powell Joe Houska shelby Pallette The purpose of this Resolution is to approve Hampton Redevelopment and Housing Authority's issuance of its Special Revenue Bonds for the benefit of PHP Associates. A fiscal impact statement is attached to and submitted with this Resolution. March 19, 1984 13b - FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING Date: February 22, 1984 To the City of Virginia Beach DeveLopment Authority AppLicant: PHP Associates Faci Li ty: 114 ApartrrL-nt Units With Recreational Facilities, 1. Maximum amount of financing sought $ 4,250,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 3,500,000 3. Estimated real property tax per year using present tax rates $ 22, 000 4. Estimated personal prooerty tax per year using present tax rates $ 2, 000 5. Estimated merchants' capital tax per year using present tax rates $ N/A 6. Estimated doLLar value per year of goods and service that wiLL be purchased LocaLLy $ 56, 600 7. Estimated number of regular employees on year round basis $ 3 8. Average annual salary per employee $ 13, 000 If one or more of the above questions do not apply to the facility indicate by writing N/A (not appLicabLe) on the appropriate Line. The information dntained in this Statement is based soLeLy on facts and estimates provided by the AppLicant, and the Authority has made no independent investigation with respect thereto. Robert W. Berry, Jr. Chairnian, City of Virginia Beach Develo@t Authority March 19, 1984 - 13c - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH (PHP Associates Facility) ON MOTION MADE BY and SECONDED BY the following Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE BONDS (PHP Associates Facility) WHEREAS, the City of Virginia Beach Development Authority (the "Development Authority"), has considered the Application of PHP Associates, a Virginia general partnership (the "Company"), to the Hampton Redevelop- ment and Housing Authority (the "Housing Authority") for the issuance of the Housing Authority's Special Revenue Bonds in an amount not to exceed $4,250,000 (the "Bonds") to assist in financing the construction and equipping by the Company of a 112 unit rental apartment project on Salt Marsh Point at the intersection of Norfolk Avenue and Marsh- view Drive in Virginia Beach, Virginia (the "Facility"), and has held a public hearing thereon on March 13, 1984; and WHEREAS, the Development Authority has requested the City Council (the "Council") of Virginia Beach, Vir- ginia (the "City") to approve the construction and equip- ping of the additional housing and the issuance of the Bonds by the Housinq Authority to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended; and WHEREAS, a copy of the Housing Authority's Reso- lution approving the issuance of the Bonds, a copy of the Fiscal Impact Statement, and a copy of the Development Authority's Resolution recommending approval of the Bonds by the Council, subject to the terms to be agreed upon, and a record of the public hearing held thereon has been filed with the Clerk of the Council. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the additional housing to be provided by the facility and further approves the issuance of the Bonds by the Hampton Redevelopment and Housing Authority for the benefit of the Company, to the extent of and as required by Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended, to permit the Housing Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 103(k) and Section 15.1-1378.1, does not constitute an endorsement of the Bonds or the cred- itworthiness of the Company, and the Bonds shall provide that neither the City, the City of Hampton, nor the Au- thority nor the Housing Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged there- for, and neither the faith or credit nor taxing power of March 19, 1984 - 13d - the Commonwealth, the City, the City of Hampton, the Authority or Housing Authority shall be pledqed thereto. 3. ThiS Resolution shall take effect immediately upon its adoption. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on liarch 19, 1984. March 19, 1984 - 14 - Item II-F CONSENT AGENDA ITEM # 21572 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council APPROVED, in ONE MOTION, Items 1, 2, 3, 4, 5, and 6- of the CON- SENT AGENDA. @Item 6 is an ADD-ON ITEM, Resolution of Appreciation to Samuel Martinette for service on the Planning Commission. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jenninqs, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reha S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council M @ ers Absent: None March 19, 1984 - 15 - Item II-F.1 CONSENT AGENDA ITEM 4 21573 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED a Resolution authorizing the enlargement of the nonconforming Structure located at 61st Street and Atlantic Avenue (Property of Mary B. Hamilton) *Councilman Heischober was notified that this Resolution did conform to the reduction in maximutn lot coverage. Voting- 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 19, 1984 - 15a - RESOLUTION AUTHORIZING THE ENLARGEMENT OF THE NONCONFORMING STRUCTURE LOCATED AT 61ST STREET AND ATLANTIC AVENUE (PROPERTY OF MARY B. HAMILTON) WHEREAS, Mary B. Hamilton desires to construct additions totalling approximately 200 square feet to one of her duplexes located at 61st Street and Atlantic Avenuer Virginia Beach, Virginia, which additions are shown as the shaded areas on the 'PHYSICAL SURVEY OF LOT 5 & PART OF LOTS 4 & 6 BLOCK 7 NEW VIRGINIA BEACH CORP. LYNNHAVEN BOROUGH,' a copy of which is attached hereto and made a part hereof (the "Survey"); and WHEREAS, the existing structures do not conform to the provisions of the Comprehensive Zoning ordinance because two duplexes are not allowed on a single lot in the R-8 Residential District; and WHEREAS, pursuant to S105(d) of the Comprehensive Zoning Ordinance, City Council may authorize the enlargement of a nonconforming structure if Council finds that the structure as enlarged is equally appropriate or more appropriate to the zoning district than is the existing nonconformity. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby finds that the enlargement of the nonconforming duplex, located at 61st Street and Atlantic Avenue, Virginia Beach, Virginia, which enlargement is shown as the shaded area on the Survey, is equally appropriate or more appropriate to the zoning district in which it is located than is the existing nonconformity; and the City Council hereby authorizes the enlargement of the nonconforming structure in the manner shown on the Survey. Adopted by the Council of the City of Virginia Beach, Virginia, on CJ/da 3/8/84 A-3PRO,!ED AS TO CONTENT (3) y - 16 - Item II-F.2 CONSENT AGENDA ITEM # 21574 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance to Transfer $19,000 within the COMMUNITY DEVELOPMENT PROGRAM. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 19, 1984 - 16a - AN ORDINANCE TO TRANSEER $19,000.00 WITHIN THE CCMKJNITY D PROGRAM WHEREAS, the Office of Housing and CamiLinity Devel t (HCD) for the City of Virginia Beach has recognized a need to move their offices to a more accessible location so as to better serve the low and moderate inccffe citizen, and , an adequate and very accessible location is available at the Rose Hall Ccmmons site, and WHEREAS, the Citizens Advisory Ccnmittee approves of and rec s moving to the Rose Hall CcnTnons location, and WHEREAS, the additional funding needed to effectuate this move is available in the current HCD administrative budget. NOW, RE, BE IT O@ BY THE COLVCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a transfer of appropriations in the amount of $19,000.00 be made within the Ninth Program Year adninistrative budget for funding a HCD office move to Rose Hall Camions. 'Ihis ordmmce shall be effective fran the date of its adoption. Adopted by the Council of the Cif-Y of Virginia Beacli m the Nineteenth day of march 1984. DEPARTMENT March 19, 1984 - 17 - Item II-F. 3 CONSENT AGENDA ITEM # 21575 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance to Transfer Capital Project Funds of $300,000 for capping of Mount Traslmore Park. Voting: ii-O Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, TTI, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 19, 1984 - 17a - AN ORDINANCE TO TRANSFER CAPITAL PROJECT FUNDS OF $300,000 FOR CAPPING OF NOUNT TRASHMORE PARK WHEREAS, City Council authorized a consultant study concerning the groundwater quality at Mount Trashmore Park, and WHEREAS, the study revealed a leachate problem resulting in the degradation of the water quality in the area, and WHEREAS, the consultant study recommended "capping" a portion of the landfill mounds to minimize the leachate problem, and WHEREAS, the licapping" of the park is estimated to cost $300,000, and the funding may be provided from project #2-829 International Parkway Bridge Adjustment due to delay in activity on this project, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINA BEACH that project #3-960 Nount Trashmore Capping is hereby approved as a capital project and that funds of $300,000 are hereby transferred from project #2-829 International Parkway Bridge Adjustment to provide for the capping of Nount Trashmore Park. Adopted by the Council of the City of Virginia Beach, Virginia on the Nineteenth day of March 1984. KAR/2 ORD3 March 19, 1984 Item II-F.4 CONSENT AGENDA ITEM 21576 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council APPROVED Raffle Permits for the following: VIRGINIA BEACH ARTS CENTER PEMBROKE ELEMENTARY PTA Voting: 11-0 Council Members Voting Aye; John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 19, 1984 - 19 - Item II-F.5 CONSENT AGENDA ITEM # 21577 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of $138.16 upon application of certain persons and upon certification of the Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 19, 1984 - 19a - FORM NO. C.A. 7 3/2/83 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D at' Penalty I nt. Total Year of Tax Number tion No. P aid Eli S Chovitz 84 RE(1/2) 15310-2 11/28/83 11.74 Jeffrey R & Karen P Ramsey 83 pp 180662-7 11/30/83 57.30 David A & Margaret 0 Webb 83 pp 194545-1 2/21/83 12.00 Phyllis S Jones 82 pp 67328-0 1/11/84 40.80 Phyllis S Jones 83 pp 75444-5 1/11/84 16.32 Total 138.16 MAR 8 IcRa DEPT. OF LAW This ordinance shall be effective from date of adoption. The above abatement(s) totaling Cer as to payment; were approved by the Council of the City of Virginia Beach on the 1 q day of m ... h n, T-featurer Ruth Hodges Smith City Clerk P'@ l@ City Attorney - 20 - Item II-F.6 CONSENT AGENDA ITEM # 21578 ADD-ON Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED a RESOLUTION OF APPRECIATION to: SAMUEL MARTINETTE . . . . . . . . PLANNING COMMISSION Voting: 11-0 Council Members Votinq Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 19, 1984 - 20a - RESOLUTION OF APPRECIATION TO SAMUEL MARTINETTE WHEREAS: Samuel Martinette was first appointed a member of the Planning Commission on February 24, 1975, he has served willingly and untiringly in behalf of the City of Virginia Beach; WHEREAS: Throughout these years, his dedication and unselfish service have involved personal sacrifices and incon- veniences, not only to him but frequently to his family. We trust much satisfaction was realized in successfully admin- istering in this advisory capacity--not only to City Council but also to the citizens of this fast-growing metropolis. Advisors and Volunteers have saved the City untold dollars, but, more importantly, our successful growth depends upon them. His footprints in the sands of time will long reflect the tremendous strides of his service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled pauses in its deliberations to express pride in and deepest gratitude for these years of service to SAMUEL MARTINETTE BE IT FURTHER RESOLVED: That this Resolution be framed for presentation with a copy spread upon the Minutes of this Formal Session of Virginia Beach City Council this Nine- teenth day of March, Nineteen Hundred Eighty-Four. Given under my hand and seal, Mayor March 19, 1984 2 1 Item II-G.1 PLANNING ITEM 21579 Aubrey C. Lee, Jr., applicant, spoke in favor of the application. Upon motion by Councilman Kitchen, seconded by Councilman Baum City Council ADOPTED an Ordinance upon application of AUBREY C. LEE, JR., A@D LINDA B. LEE for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF AUBREY C. LEE, JR. AND LINDA B. LEE FOR A CONDITIONAL USE PERMIT FOR A DUPLEX R0394618 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon Application of Aubrey C. Lee, Jr., and Linda B. Lee for a Conditional Use Permit for a duplex on the south side of 13th Street, 225 feet west of Cypress Avenue on Lots 37 and 38, Block 112, Lakewood. Said parcel contains 7,000 square feet. VIRGINIA BEACH BOROUGH. The following condition is required: 1. Resubdivision of the property to incorporate the two lots into one conforming lot. This ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virqinia Beach, Virginia on the Nineteenth day of March, Nineteen Hundreq and Eig Four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 19, 1984 - 22 - Item II-G.2 PLANNING ITEM # 21580 Upon motion by Councilman Kitchen, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of CODI ASSOCIATES for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF CODI ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A PARKING LOT R0384619 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of CODI Associates for a Conditional Use Permit for a parking lot on certain property located on the east side of Atlantic Avenue beginning at a point 105 feet north of 20th Street, running a distance of 150 feet along the east side of Atlantic Avenue, running a distance of 150 feet along the northern property line, running a distance of 150 feet along the eastern property line and running a distance of 150 feet along the southern property line. Said parcel contains 22,500 square feet. VIRGINIA BEACH BOROUGH A N D, ORDINANCE UPON APPLICATION OF CODI ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A BICYCLE RENTAL STAND R0384620 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ordinance upon applicati-on of CODI Associates for a Conditional Use Permit for a bicycle rental stand in conjunction with Tides Motor Hotel on certain prop- erty located on the east side of Atlantic Avenue beginning at a point 105 feet north of 20th Street, running a distance of 150 feet along the east side of Atlantic Avenue, running a distance of 150 feet along the northern property line, running a distance of 150 feet along the eastern property line and running a distance of 150 feet along the southern property line. Said parcel contains 22,500 square feet. VIRGINTA BEACH BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Nineteenth day of March, Nineteen Hundred and Eiqhty-Four. March 19, 1984 - 23 - Item II-G.2 PLANNING ITEM # 21580 (continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None March 19, 1984 - 24 - Item II-G.3 PLANNING ITEM # 21581 (Letter from V. Alfred Etheridge, Jr., Attorney for the Applicants, Mt. and Mrs. Peter Manchio, requesting WITHDRAWAL is hereby made a part of th6 record). Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf, City Council allowed WITHDRAWAL of an Ordinance upon application of MR. AND MRS. PETER MANCHIO for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF MR. AND MRS. PETER MANCHIO FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-9 Ordinance upon application of Mr. and Mrs. Peter Manchio for a Change of Zoning District Classification from AG-2 Agricultural District to R-9 Residential Townhouse District on parcels located on the east and west sides of Turley Lane. Parcel 1: Located on the east side of Turley Lane beginning at a point 280 feet more or less south of Dam Neck Road, running a distance of 731.06 feet along the east side of Turley Lane running a distance of 102.83 feet in a southeasterly direction, running a distance of 641.78 feet in a northeasterly direction and running a distance of 320.92 feet in a northwesterly direction. Parcel 2: Located on the west side of Turley Lane beginning at a point 250 feet more or less south of Dam Neck Road, running a distance of 867.76 feet along the west side of Turley Lane, running a distance of 37.53 feet in a northwesterly direction, running a distance of 192.42 feet in a northeasterly direction, running a distance of 360 feet more or less in a northwesterly direction, running a distance of 550 feet in a northeasterly direction and running a dis- tance of 212.09 feet in a southeasterly direction. Said parcels contain 7.3 acres. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council members Absent: March 19, 1984 None - 25 - Item II-G.4 PLANNING ITEM # 21582 Attorney Grover Wright represented the applicant. A Motion was made by Councilwoman McClanan, seconded by Councilwoman Creech to ADOPT Ordinances upon application of H. E. BROWN, J. W. BROWN AND J. G. BROWN for Changes of Zoning, subject to review of plats and the agreement by the City Attorney and Planning Director. Upon SUBSTITUTE MOTION by Vice Mayor Henley, seconded by Councilwoman Oberndorf, City Council ADOPTED Ordinances upon application of H.E. BROWN, J. W. BROWN AND J. G. BROWN for Changes of Zoning per the following: ORDINANCE UPON APPLICATION OF H. E. BROWN, J. W. BROWN AND J. 0. BROWN FOR A CHANGE OF ZONING DISTRICT CLASSI- FICATION FROM AG-2 to R-8 Z0384835 BE IT BEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of H. E. Brown, J. W. Brown and J. G. Brown for a Change of Zoning District Classi- fication from AG-2 Agricultural District to R-8 Re- sidential District on certain property located on the north side of Proposed Ferrell Parkway beginning at a point 4720 feet more or less west of Oceana Boulevard, running a distance of 100 feet along the north side of Proposed Ferrell Parkway, running a distance of 30 feet in a northerly direction and running a distance of 110 feet in a southeasterly direction. Said parcel contains 1307 square feet. PRINCESS ANNE BOROUGH. following condition will be required: 1. Tbe applicant voluntarily agrees to limit density on the site to 4 units per acre. A N D, March 19, 1984 - 26 - Item II-G.4 PLANNING ITEM # 21582 (continued) ORDINANCE UPON APPLICATION OF H. E. BROWN, J. W. BROWN AND J- G. BROWN FOR A CHANGE OF ZONING DISTRICT CLASSI- FICATION FROM AG-1 TO R-8 Z0384836 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of H. E. Brown, J. W. Brown and J. G. Brown for a Change of Zoning District Classi- fication from AG-1 Agricultural District to R-8 Residen- tial District on certain property located on the north side of Proposed Ferrell Parkway beginning at a point 2800 feet more or less west of Oceana Boulevard, running a distance of 2030 feet along the north side of Proposed Ferrell Parkway, running a distance of 508.86 feet in a northerly direction, running a distance of 447.40 feet in a northeasterly direction, runnj-ng a distance of 40 feet in a southerly direction, runninq a distance of 510 feet in a southeasterly direction, running a dis- tance of 810 feet in a northeasterly direction, running a distance of 345.24 feet in a southerly direction and running a distance of 345 feet in a southeasterly di- rection. Said parcel contains 22.8 acres. PRINCESS ANNE BOROUGH. The following condition is required: 1. The applicant voluntarily agrees to limit density on the site and the adjoining site zoned R-5 Residential District to 2.3 units per acre. These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Nineteenth day of March, Nineteen Hundred and Eighty-Four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, vice mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Mernbers Absent: None **Verbal Aye (Councilman Heischober verbally changed his Nay vote to Aye) March 19, 1984 - 27 - Item II-G.4 PLANNING ITEM # 21582 (continued) Upon Motion by Councilwoman McClanan, seconded by Councilwoman Creech, City Council ADOPTED ordinances, subject to further review and FINAL APPROVAL, upon application of H. E. BROWN, J. W. BROWN AND J. G. BROWN for Chanqes of Zoning per the following: ORDINANCE UPON APPLICATION OF H. E. BROWN, J. W. BROWN AND J. G. BROWN FOR A CHANGE OF ZONING DISTRICT CLASSI- FICATION FROM R-3 TO R-5 Z0384837 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of H. E. Brown, J. W. Brown, and J. G. Brown for a Change of Zoning District Classi- fication from R-3 Residential District to R-5 Residential District on the following parcels: Parcel 1: Located on the north side of Princess Anne Road beginning at a point 1600 feet more or less west of Oceana Boulevard, running a distance of 500 feet along the western property line, running a distance of 1280 feet along the northern property line, running a dis- tance of 205 feet along the eastern property line and running a distance of 1030 feet along the southern property line. Parcel 2: Located on the north side of Princess Anne Road beginning at a point 3000 feet more or less west of Oceana Boulevard, running a distance of 240 feet along the north side of Princess Anne Road, running a distance of 200 feet in a northwesterly direction, running a distance of 92.55 feet in a southwesterly direction, running a distance of 211.17 feet in a northwesterly direction, running a distance of 130 feet in a northerly direction, running a distance of 250 feet in a northeasterly direction and running a distance of 480 feet in a southeasterly direction. Said parcel contains 13.3 acres. PRINCESS ANNE BOROUGH. The following conditions are required: 1. The applicant voluntarily agrees to limit density on the site and the adjoining site zoned R-5 Residential District to 2.3 units per acre. 2. Subject to allowing City Attorney's Office and Planning Department review of plats and agree- ment for accuracy and other conditions and re- strictions applicable. 3. Applicant will return to Council March 26, 1984, for FINAL APPROVAL. Prior to the change of the official zoning maps, the following condition will be met: A variable width dedication along the frontage on Princess Anne Road to provide for an ultimate 90 foot right-of-way to match the new alignment for Princess Anne Road. March 19, 1984 - 28 - Item 11-G.4 PLANNING ITEM # 21582 (continued) A N D, ORDINANCE UPON APPLICATION OF H. E. BROWN, J. W. BROWN AND J. G. BROWN FOR A CHANGE OF ZONING DISTRICT CLASSI- FICATION FROM AG-1 to R-5 Z0384838 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of H. E. Brown, J. W. Brown, and J. G. Brown for a Change of Zoning District Classi- fication from AG-1 Agricultural District to R-5 Residen- tial District on certain property located on the south side of Proposed Ferrell Parkway beginning at a point 1400 feet more or less west of Oceana Boulevard, running a distance of 249.56 feet in a westerly direction, running a distance of 586.36 feet in a southwesterly direction, running a distance of 445.64 feet in a northwesterly direction, running a distance of 2220 feet in a westerly direction, running a distance of 780 feet in a southerly direction, running a distance of 1679.46 feet in a southeasterly di- rection, running adistance of 155 feet in a northeasterly direction, running a distance of 115 feet in a northwesterly direction, running a distance of 1540 feet in a northeasterly direction, running a distance of 205 feet in a southeasterly direction, running a distance of 1350 feet in a north- easterly direction and running a distance of 750 feet in a northwesterly direction. Said parcel contains 82.3 acres. PRINCESS ANNE BOROUGH. The following conditions are required: 1. The applicant voluntarily agrees to limit density on the site and the adjoining site zoned R-5 Residen- tial District to 2.3 units per acre. 2. Subject to allowing City Attorney's Office and Planning Department review of plats and agree- ment for accuracy and other conditions and re- strictions applicable. 3. Applicant will return to Council March 26, 1984, for FINAL APPROVAL. A N D, March 19, 1984 - 29 - Item II-G. 4 PLANNING ITEM # 21582 (continued) ORDINANCE UPON APPLICATION OF H. E. BROWN, J. W. BROWN AND J. G. BROWN FOR A CHANGE OF ZONING DISTRICT CLASSI- FICATION FROM AG-2 TO R-5 Z0384839 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 13BACH, VIRGINIA: Ordinance upon application of H. E. Brown, J. W. Brown and J. G. Brown for a Change of Zoning District Classi- fication from AG-2 Agricultural District to R-5 Residen- tial District on the following parcels: Parcel 1: Located on the south side of Proposed Ferrell Parkway beginning at a point 4720 feet more or less west of Oceana Boulevard, running a distance of 280 feet along the south side of Proposed Ferrell Parkway, running a dis- tance of 431.63 feet along the western property line, running a distance of 122.24 feet in a westerly direction, running a distance of 17.61 feet in a southerly direction, running a distance of 668.74 feet along the southern pro- perty line and running a distance of 780 feet along the eastern property line. Parcel 2: Located 480 feet north of Princess Anne Road beginning at a point 3000 feet more or less west of Oceana Boulevard, running a distance of 115 feet in a northwesterly direction, running a distance of 155 feet in a southwesterly direction, running a distance of 130 feet in a southerly direction and running a distance of 250 feet in a northeasterly direction. Parcel 3: Located 460 feet more or less north of Princess Anne Road beginning at a point 1040 feet more or less west of Oceana Boulevard, running a distance of 1280 feet along the southern property line, running a distance of 110 feet along the western property line, running a distance of 1350 feet along the northern property line and running a distance of 150 feet along the eastern property line. Said parcels contain 9.6 acres. PRINCESS ANNE BOROUGH The following conditions are required: 1. The applicant voluntarily agrees to limit density on the site and the adjoining site zoned R-5 to 2.3 units per acre. 2. Subject to allowing City Attorney's Office and Planning Department review of plats and agreement for accruacy and other conditions and restrictions applicable. 3. Applicant will return to Council March 26, 1984, for FINAL APPROVAL. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Nineteenth day of March, Nineteen Hundr d and E March 19, 1984 - 30 - Item II-G.4 PLANNING ITEM # 21582 (continued) Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, D.D.S. Council Members Voting Nay: Vice Mayor Barbara M. Henley, and Meyera E. Oberndorf Council members Absent: None March 19, 1984 31 - Item II-I.1 NEW BUSINESS ITEM # 21583 ADD-ON Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council ADOPTED the following: ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH GOVERNMENT FINANCE ASSOCIATES, INC./ GOVERNMENT FINANCE RESEARCH CENTER FOR FINANCIAL ADVISORY SERVICES Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reha S. McClanan, J. Henry McCoy, Jr.,D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech March 19, 1984 - 31a - AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH GOVERNMENT FINANCE ASSOCIATES, INC./ GOVERNMENT FINANCE RESEARCH CENTER FOR FINANCIAL ADVISORY SERVICES WHEREAS, the Council of the City of Virginia Beach desires to'obtain the services of a financial advisor, and WHEREAS, an Evaluation Committee was appointed by the City Council in October 1983 to obtain and evaluate proposals from several firms, and WHEREAS, requests for proposals were mailed to twenty-four firms of which twelve responded and, through a selection and negotiation process, the Evaluation Committee has recommended the appointment of Government Finance Associates, Inc./Government Finance Research Center to be financial advisors, and WHEREAS, City Council concurs with this selection. NOW THEREFORE BE IT ORDAINED BY THE COTJNCIL OF THE CITY OF VIRGINIA BEACH that the organizationsof Government Finance Associates, Inc. and Government Finance Research Center be hereby appointed financial advisors for the City of Virginia Beach and the City Manager is authorized to enter into a contract with these firms for financial advisory services. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on day of 1984. March 19 1984 - 32 - Item II-I.2 NEW BUSINESS ITEM # 21584 ADD-ON Upon motion by Councilman McCoy, seconded by Councilman Jennings, City Council APPROVED Authorization of THE SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY to ADVERTISE for the Issue of Special Revenue Bond ($1,500,000) to ROSEGATE ASSOCIATES FACILITY. Votinq: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech March 19, 1984 - 32a SUMMARY SHEET CITY OF VIRGINIA BEACH DEVEliOPMENT AUTHORITY INDUSTRIAL DMIA)PMENT REVENUE BOND Project Name: Rosegate Associates Project Location: East side of Groveland Road 600 feet south of Virginia Beach Boulevard in Lynnhaven Borough, Virginia Beach, Virginia Description of Project: 56-unit apartment complex, including landscaping and recreational amenities Amount of Bond: $1,500,000 Principals: Louis Lucente, Amel Viola and Pat Viola March 19, 1984 - 33 Item II-J.1 ADJOURNMENT ITEM # 21585 Upon motion by Councilman Jennings, Council adjourned the meeting at 3:05 p.m. @e Deputy City Clerk P*h Hodges SWith, CMC Mayor iouis R@Jones City Clerk City of Virginia Beach Virginia /bh March 19, 1984