HomeMy WebLinkAboutAUGUST 10, 1999 MINUTES (2)City of Virginia
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF. At. LarRe
VICE MAYOR WILLIAM D. SESSOMS, JR., At-LarRe
LINWOOD O. BRANCH IlL D/strict fi-Beach
MARGARE~ L. EURE. Di$1rict I .Centerville
WILLIAM W. HARRISON..tR.. District $.Lynnhaven
HAROLD HEISCHOBER. At-L~rRe
BARBARA M. HENLEY. Di$1rict ?-Princess Anne
LOUIS R. JONES. District 4-Bay$ide
REBA S. McCLANAN, District $.Rose Iiall
NANCY K. PARKER, At-Large
A.M. (DONJ WEEKS. Dbttrict 2-Kempsville
Beach
"WORLD'S LARGEST RESORT CITY"
JAMES K. SPORE, City ManaRer
LESLIE L. I..ILLEK City Attorney
RUTH HODGES SMITH. CMCIAAE. City Cler~
CITY COUNCIL AGENDA
CII'Y HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-9(X15
PIIONE: (757) 427-430.f
FAX: (757) 426-5669
EMAIL: CTYCNCL~CITY. VIRGINIA -BEACII.VA.I l~
10 August 1999
I. BRIEFINGS
- Conference Room -
11:30 AM
NEWSRACKS AT SIGNALED PEDESTRIAN CROSSINGS
Marian Saunders, Chair, Mayor's Committee on Persons with Disabilities (15 minutes)
Y2K UPDATE
David Sullivan, Chief Information Officer (15 minutes)
ENVIRONMENTAL CRIMES TASK FORCE (9 minute video)
Vanessa T. Valldejuli, Assistant City Attorney
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
1:00 PM
CALL TO ORDER - Mayor Meyera E. Obemdorf
ROLL CALL OF CITY COUNCIL
RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber-
2:00 PM
CALL TO ORDER - Mayor Meyera E. Oberndorf
INVOCATION: The Reverend Tommy Taylor
London Bridge Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
INFORMAL & FORMAL SESSIONS
03 August 1999
Go
MAYOR'S PRESENTATION
1. RESOLUTION OF "FRIENDSHIP"
Trevor Polley, Chief Executive and Town Clerk, North Down, Northern Ireland
He
AGENDA FOR FORMAL SESSION
The Consent ~tgenda will be determined during the Agenda Review Session and considered in the
ordinary course of business by City Council to be enacted by one motion.
RESOLUTIONS
Resolution re issuance by the Virginia Beach Development Authority of Revenue Bonds not
to exceed $85,000,000 for Westminster-Canterbury of Hampton Roads, Inc. re
construction, renovation and equipping ora new 14-story residential wing, covered parking,
expanded wellness center and enlarged auditorium at 3100 Shore Drive (LYNNHAVEN -
DISTRICT 5).
o
Resolution of endorsement to the Governor and General Assembly the transportation projects
contained in the Metropolitan Planning Organization (MPO)'s 2020 Transportation
Plan, as set forth in the Hampton Roads Planning District Commission (HRPDC)'s briefing
package dated 7 July 1999, entitled, "Regional Priority Setting - The Future of
Transportation in Hampton Roads"; and, requesting the Governor and General Assembly
find appropriate sources of funding for said projects.
ORDINANCES
Ordinance to AMEND Section 2-398 of the City Code, DELETING the reference to Section
15.1-437 of the Virginia Code; and, SUBSTITUTING a new reference to Section 15.2-2212
of the Virginia Code re Planning Commission Members.
Ordinance to ACCEPT and APPROPRIATE $2,259,871 in State Grants to the Virginia
Beach Public Schools' FY 1999-2000 Operating Budget re increased funding for
previously approved grant awards, local educational reform efforts and class size reduction;
and, increase estimated revenues accordingly.
Ordinance to ACCEPT and APPROPRIATE $611,247 in Section 8 revenue from the U.S.
Department of Housing and Urban Development (HUD) to the Housing and Neighborhood
Preservation FY 1999-2000 Operating Budget re continuance of the Section 8 Rental
Subsidies program; and, increase estimated revenues accordingly.
Ordinance to ACCEPT and APPROPRIATE $83,740 from the Federal Emergency
Management Agency (FEMA) to the Fire Department FY 1999-2000 Operating Budget re
support of operations of the FEMA Urban Search and Rescue Team, Virginia Task Force
No. 2; and, increase estimated revenues accordingly.
Ordinances re compensation for the City Council Appointees:
City Manager 4.5% $143,102.00
City Attorney 9.0% 125,000.00
City Clerk 4.5% 65,046.00
City Real Estate Assessor. 6.17% 80,000.00
6, License Refunds -
$23,216.26
K. PUBLIC HEARING - PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
Application of RONALD and VIRGINIA WILLIAMS for a Variance to Section 4.4(b)
of the Subdivision Ordinance to allow the creation ofone lot that does not meet the required
lot width of the R-40 Residential District on the West side of River Road, 427.56 feet South
of North River Road (LYNNHAVEN- DISTRICT 5).
Recommendation:
APPROVAL
Applications of ROBERT STEINHILBER re the East side of Blaekwater Road, North of'
the intersection with Indian Creek Road (5924 Blackwater Road), containing 82.202 acres
(PRINCESS ANNE - DISTRICT 7):
Variance to Section 4.1(m)(1) of the Subdivision Ordinance which requires a
minimum 30-foot pavement width for the proposed cul-de-sac.
b. Conditional Use Permit for an ..alternative residential development
Deferred:
08 June 1999
Recommendation:
APPROVAL
o
Applications of ARGOS PROPERTIES, LLC, at the Southwest corner of Princess Anne
Road and Seaboard Road (PRINCESS ANNE - DISTRICT 7):
a. Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations
bo
Change of Zoning District Classification from AG-2 Agricultural District and B-?
Community Business District to Conditional B-2 Community Business District,
containing 8.9 acres
Recommendation: DENIAL
Applications of BECO BUILDING ASSOCIATES, a Virginia General Partnership, re the
North side of Princess Anne Road, beginning 800 feet more or less West of Seaboard Road
(PRINCESS ANNE - DISTRICT 7):
Variance to Section 4.4(b)(1) of the Subdivision Ordinance which requires that all
lots meet lot width requirements re four (4) non-compliance lots in a proposed
subdivision of 128 single-family residential lots.
be
Change of Zoning District Classification fi.om AG-1 and AG-2 Agricultural Distric!s
and R-20 Residential District to Conditional R-10 Residential District, containing
101.5 acres.
Deferred:
06 July 1999
Recommendations
Staff:
Planning Commission:
DENIAL
APPROVAL
Application of ROCK CHURCH for a Conditional Use Permit for a child care education
center in a church at the Northeast intersection of Kempsville Road and Manor Drive (580
Kempsville Road), containing 7.72 acres (KEMPSVILLE - DISTRICT 2).
Deferred:
26 January 1999
27 April 1999
Recommendation:
APPROVAL
Application ofFATHY A. ABDOU for a Change of Zoning District Classification from R-
10 Residential District to Conditional O-1 Office District at the Northwest comer ~
Independence Boulevard and Copperfield Road, containing 1.494 acres (BAYSIDE -
DISTRICT 4).
Recommendation:
APPROVAL
L. APPOINTMENTS
AGRICULTURAL ADVISORY COMMISSION
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HEALTH SYSTEMS ADVISORY BOARD
PARKS AND RECREATION COMMISSION
PERSONNEL BOARD
PUBLIC LIBRARY BOARD
TIDEWATER TRANSIT DISTRICT COMMISSION (TTDC)
Mo
UNFINISHED BUSINESS
NEW BUSINESS
ADJOURNMENT
08/05/99cmd
AGENDA\08/I 0/99
www.virginia-beach.va.us
if you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
CITY OF VIRGINIA BEA CH
SUMMARY OF COUNCIL ACTIONS
H
E 0
H I M B
A S C E S
DATE: August 3, 1999 B R C H C R P E
PAGF: 1 R R H E J L N A S W
A E I O N O A D R S E
N U S B L N N O K O E
AGENDA C R N° E E E
ITEM # SUBJECT MOTION VOTE H E R Y S A N F R R E S M S
K
I/A BRIEFINGS: David Sullivan,
Chief
WIRED CITY Information
Officer
B SURFING STATUS REPORT Bruce Edwards,
Dir, EMS
C CREEDS FUEL FACILITY David Grochmal,
Dir, General
Service; Edward
Barnes,
Landscape Serv.
Administrator
II/A PRESENTATION:
Dwight Farmer,
METROPOLITAN PLANNING Deputy Exec.
ORGANIZATION (MPO) Director of
PRIORITIZATION PROCESS Trans.- HRPDC
Ill/iV/ CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 A Y Y y y y y y y y
V/Vt/ Y
E
Fl1 MINUTES - Jul), 13, 1999 APPROVED 10-0 A Y Y y y y y y y y y
G/H/ PRESENTATIONS: Dr. & Mrs.
1/A Hiroyuki
SISTER CITIES INTERNATIONAL Hamada
AWARDS - 1999 Mary Russo,
Volunteer Co-
SPECIAL ACHIEVEMENT MUNICIPAL Ordlnator
COOPERATION Diane Roche,
Volunteer Co-
Leader
B SISTER LIBRARIES - 'A White House Martha J. Sims,
Millennium Council project designated by Dir, Va. Beach
US. national Commission on Libraries and Libraries
Information Science"
2 CERTIFICATE OF ACHIEVEMENT FOR' Patricia A.
EXCELLENCE - GFOA Phillips, DIr,
Finance Depart.
I/1 Resolution as amended, to request the ADOPTED 11-0 Y Y Y y y y y y y y y
CIRCUIT COURT order a referendum SUBSTITUTE
election be held Nov. 2, 1999, on RESOLUTION
question whether City Council should
adopt an ordinance approving
development/financing of proposed
Virginia Beach-Norfolk-Naval Base
Light Rail Transit Project
2 Resolution to appoint KARLA C. ADOPTED BY 11-0 Y Y y y y y y y y y y
HAYNES as Assistant City Att__nme}/ CONSENT
3 License Refunds: $3t,565.29 APPROVED BY 1 1-0 Y Y y y y y y y y y y
CONSENT
JI1 PUBLIC HEARING - PLANNING
PRINCESS HOUSE, L.LC. CUP: APPROVED/ 7-4 Y Y Y Y N Y N N N Y Y
Housing for the aged on Princess Anne CONDITIONED/
Road/Baxter Road (KEMPSVILLE - ADDED CON.
DISTRICT 2) - Denied: January 16, 1999 - ~ re Berm/
Referred Back to Planning for landscaping
Reconsideration March 23, 1999; Deferred
July 13~ 1999
K APPOINTMENTS: Rescheduled B Y C O N S E N S U S
FRANCIS LAND HOUSE BOARD OF
GOVERNORS
HEALTH SYSTEMS ADVISORY BOARD
PARKS AND RECREATION
COMMISSION
PERSONNEL BOARD
PUBLIC LIBRARY BOARD
L/M/ ADJOURNMENT: 4:10 PM
N
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 10, 1999
Mayor Meyera E. Oberndorf called to order the CITY MJlNAGER'S BRIEFING re NEtVSR~4CKS at
SIGN/ILIZED CROSSING in the Council Conference Room, City Hall Building, on Tuesday, August 10,
1999, at l l : 30 A.M.
Council Members Present:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober,
Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf
Nancy K. Parker, and A. 3/I. "Don" Weeks
Council Members Absent.-
Vice Mayor William D. Sessoms, Jr.
William W. Harrison, Jr.
Louis R. Jones
[ENTERED.. 12:07P. M.]
[ENTERED.. 12:00 P.M.]
[FAMILY VA CA T/ON]
-2-
CITYMAN/IGER,S BRIEFING
NEWSP~4 CKS A T SIGNALED PEDESTRIAN CROSSINGS
11:30 A. M.
ITEM # 45299
Mayor Oberndorf introduced Marian Saunders, Chair- Mayor's Committee on Persons with Disabilities.
Mayor Oberndorf referenced theproblem between the newsraclcs at signaledpedestrian crossings. Marian
is an extraordinary woman and was fully sighted until diagnosed with a brain tumor. After surgery, she was
left totally blind.
Mrs. Saunders advised several months ago an individual came to the Mayor's Committee with the issue of
being unable to access the traffic button because ora newsrack being attached to the pole. The Committee
did contact Entertainment Weekly and the vendor said he understood and there would be no problem in
removing same; however, the next time this route was traveled, the newsrack was still present.
The Mayor's Committee on Persons with Disabilities ts requesttng an Ordinance which states no paper rack
of any kind shall be attached to a traffic signal or any pole in the City of Virginia Beach.
Mayor Oberndorf referenced correspondence from Pamela Smith-Rodden, Circulation Director- The
Virginian-Pilot, offering a point of contact with aH of these publications and their distributor to assist in
keeping the newsracks in compliance with the needs of the disabled living and visiting the Beach. Mrs.
Smith-Rodden proposed a partnership, instead of going the route ora City Code Amendment by ordinance.
In this instance, once a draft of the ordinance was received, her staff did an immediate inspection of the
areas, identified non-compliant racks, contacted the other publishers and distributors, secured their
agreement to comply and then moved to bring The Pilot into compliance.
Mrs. Saunders advised she had spoken with Mrs. Smith-Rodden; however, she still believes the Committee
should pursue an Ordinance. How does one enforce "voluntary compliance"~ This was attempted by the
Mayor's Committee and it did not work. '
Ken Jessup advised he was the individual who filed the complaint. Two years ago, he found this problem
existed at the corner of Fifth and Atlantic. He contacted the vendor and the problem was taken care of for
a while. Thisyear, the newsrack was back again. Mr. Jessup advised at night his vision is better but during
the day time he cannot see at all.
Honey Low, Secretary of the Mayor's Committee, inquired whether there was a reason why an Ordinance
should not be adopted. Mrs. Saunders advised this Ordinance wouM also benefit those who utilize wheel
chairs.
Assistant City Attorney Vanessa Valledejuli advised the 1990 Americans With Disabilities Act was
researched relative the case law involving any cases dealing with accommodations and access for disabled
individuals including not only physically impaired, but those who are visually impaired or blind. The
Virginians with Disabilities Act was also examined to determine what rights must be protected. The common
thread in both the Federal and State Act is that persons with disabilities are to be assured rights of access
to facilities, which include streets, highways, sidewalks, buildings and other facilities.
The staff also checked with the attorney for the Virginians with Disabilities Act. His advice was that we
would not find any cases specifically dealing with the intersection issue. In many of these cases, the
jurisdictions have taken steps to insure rights of access, not only with audible tones at the pedestrian
crosswalks, but other visual and physical aids to assist disabled persons.
Internet research was also conducted. Handbooks were received from the American Council of the Blind,
which has been dedicated to improving the pedestrian environment, guaranteeing people who are blind or
visually impaired access to the intersection and traffic control information. Constitutional law was reviewed
to assure if an ordinance is developed, it would be narrowly tailored to forward the governmental interest
to ensure the rights of the disabled to access intersection control.
August 10, 1999
-$-
CITY M~4N~4GER,S BRIEFING
NEWSR.4CKS ~1T SIGN/~LED PEDESTRIAN CROSSINGS
ITEM # 45299 (Continued)
The Ordinance developed is content neutral and makes no distinction between commercial or non-
commercial publications. It is geared toward old newsracks or newstands whether they are coin-operated
or not. It only limits their placement in three ways:
At a signalized pedestrian intersection (which has the traffic lights and
pedestrian cross walk buttons), no newsrack or newspaper vending shall
be actually chained or installed so that it will not disrupt the tone that the
visually impaired person must listen for in order to be aware they are at an
intersection.
The placement of the newsrack or newspaper vending machine has been
limited to five feet from the curb cut ramp.
The placement of the newsrack or newspaper vending machine shall be
within three feet of any utility pole that contains the pedestrian cross-walk
button.
There are no criminal penalties involved. Basically a notice would be given to the distributor requesting
removal of the newsrack within seven (7) days to a proper location. They have the right of appeal within
three (3) days. If they do not appeal and do not move the newsrack, then the City would have it removed
and stored. After thirty 00) days have elapsed, the City would be allowed to dispose of same in a lawful
manner and any proceeds would be deposited into the General Fund of the City Treasury. The Department
of Housing and Neighborhood Preservation, Code Enforcement Division, has graciously agreed to be the
City Manager's enforcement arm for this Ordinance. Wade Kyle 's Solid Waste Division has agreed to store
the vending machines, if same becomes necessary.
Pamela Smith-Rodden, Circulation Director- The Virginian-Pilot, agreed the rights of the disabled need
to be protected and The Pilot's duty as a community steward is taken very seriously. As soon as the
Virginian-Pilot was notified relative the problem, they reviewed the newsracks, not just the boxes of the
Virginian-Pilot, but all the others as well, and contacted the distributors. The distributors agreed to be in
compliance. A list was distributed to City Council. Mrs. Smith-Rodden advised all of these boxes are now
in compliance on Atlantic and Pacific Avenues. The Virginian-Pilot is offering their services as a single point
of contact, rather than multiple distributors, and they will notify the distributors and make sure they are
brought into compliance.
BY CONSENSUS, City Council shall SCHEDULE the Ordinance related to Newsracks at Signaled
Pedestrian Crossings for the City Council Session of August 24, 1999.
August 10, 1999
-4-
CITYM/INAGER,S BRIEFING
Y2K UPD/I TE
12:12 P.M.
ITEM # 45300
David Sullivan, Chief lnformation Officer, advised the objective of the City of Virginia Beach Y2K Public
Information Plan is to develop effective external and internal communications that will promote throughout
the community a basic understanding of the Year 2000 computer challenge,, what the City has done to
prepare for this challenge,, and what citizens can do to prepare for it. By providing comprehensive
information, another objective, alleviating fear among our citizens, may also be met.
COMMUNITY PRESENTATIONS:
To date, City Information Technology professionals have spoken to more
than 1,000 residents. Future plans call for City-sponsored Toastmasters
organizations to be offered the opportunity to spread the word via pre-
scripted presentations to civic groups. (In case a speaker is unable to
answer a question posed by a member of the audience, the person will be
asked to write the question on a Referral Card, which will be logged and
provided to the Y2K Coordinator for follow_up by phone.)
On .4ugust 18, 1999, from 7:00 P.M. to 9:00 P.M., a Y2K Community
Connection will be hem at the Virginia Beach Pavilion Theater. This
President's Y2K Initiative event is co-sponsored by the Commonwealth
Century Date Change Initiative Project Office with assistance from the
Hampton Roads Y2K InfoSource. The event will feature John Koskinen,
Chairman of the President's Council on Year 2000 Conversion, as a guest
speaker. Mr. Koskinen is scheduling one of these Connections in each of
the fifty states. Mayor Oberndorf advised Mr. Koskinen attended the U.S.
Conference of Mayor's Annual Meeting in New Orleans and announced
proudly he was bringing this event to Virginia Beach. There will also be
a Satellite Site at Christopher Newport University with a live video
conference connection between the two locations.
On September 22, 1999, the City will join other Hampton Roads
communities in sponsoring a "100 days till Y2K" Preparedness Day.
DIRECT CORRESPONDENCE AND COMMUNIC~4 TION:
The City has received over 800 individual requests for compliance
information or certification. While the City does not actually certify
overall compliance, the staff does answer each request directly with a
cover letter and printed copies of the web pages. The staff has also
contacted approximately 100 critical suppliers requesting statements of
compliance. Letters will continue to be mailed through the end of August,
as the Departments wrap up their inventories of Business Partners and
Suppliers.
WHY2K, an award winning video produced by the City's Video Services
and lnformation Technology departments, debuted in March and has three
segments.. Y2K background information; what the City has done~will do
to become Y2K compliant; and what steps citizens should consider,
including personal emergency preparedness. This video has been picked
up by the Public Broadcasting Capital News, which is sent to all the PBS
stations throughout Virginia and has played throughout Virginia on PBS
stations.
August 1 O, 1999
-5-
CITYMANAGER,S BRIEFING
Y2K UPDATE
ITEM # 45300 (Continued)
CITY DIALOGUE
The City Dialogue, a monthly VBTV program featuring the Mayor and a
panel of experts, focused on the Y2K issue in May. Panelists included the
City's Director of Information Technology, the City's Director of Public
Utilities/Public Works, the Emergency Management Coordinator, a
Virginia Power spokesman and a NAS Oceana spokesman.
BEA CH AD VISOR Y
A special pull-out section on the City's Y2K efforts was featured in the
April 1999 BEACH ADVISORY. The section features background
information about the City's vast computer resources, information on what
the City has accomplished to ensure that its systems are Y2K compliant,
and personal preparedness tips from the American Red Cross. The July
1999 BEACH ADVISORY featured an abridged version of the Y2K
"Frequently Asked Questions" list that appears on the City's Web site.
CIVIC LEAGUE ADVISORY
A front-page article on the City's Y2K efforts appeared in the January
1999 CIVIC LEAGUE ADVISORY. The July~August issue featured
information on the Hampton Roads Y2K Citizen InfoSource and the
YH2K Community Conversation that will be held August 18, 1999, at the
Virginia Beach Pavilion Theater. The September 1999 CIVIC LEAGUE
AD VISOR Y will provide a telephone number where civic league meeting
planners can call to request a presentation on the Y2K challenge.
THE BEAM
Articles on the City's Y2K efforts have appeared in the BEAM, a monthly
publication for the 5,892 City of Virginia Beach staff members. This Fall
articles will highlight "Frequently Asked Questions", the City's Event
Plan for Y2K and contingency plans.
Y2K WEB SITE
The City's Y2K Web site features basic Y2K information, as well as a
listing offrequently asked questions - with comprehensive answers. During
the period of February through July 1999, the site received 2002 visitors.
An E-mail launch at the bottom of the site delivered to our Y2K Office less
than a dozen inquires for additional, or specific information not provided
by the site.
FREQUENTL Y ASKED QUESTIONS WEB PAGE
The "Frequently Asked Questions" page was attached to the City Y2K
t~eb Site in June and has received 104 visitors. The "Frequently Asked
Questions" (FAQ) list featured on the City's Web site will be catalogued
as a reference item at the Virginia Beach Public Library - making the
document accessible to residents who do not have Internet access.
August 10, 1999
-6-
CITY MANAGER,S BRIEFING
Y2K UPDA TED
ITEM # 45300 (Continued)
CONTINGENCY AND EMERGENCY MANAGEMENT WEB PAGE
By September 1, 1999, the Y2K Web Site will expand to include a link
reference guide for Y2K Contingency Management.
BOOKMARK.¥
A bookmarkpromoting the Y2K information has been drafted and will be
available at Virginia Beach Public Library locations, where videos and
FAQ's have been catalogued as part of the Library collection.
PIPELINE
The Summer 1999 PIPELINE, published by the City of Virginia Beach
Public Utilities Department, features Y2K information relating to the
City's water supply and water and sewer pump operations. The publication
is mailed three times a year to 120,000 accounts - reaching practically
every househoM in the City of Virginia Beach over a two month period.
I-L4MPTON ROADS Y2K CITIZEN INFOSOURCE
In March 1999, Information Technology, Public Information and
Emergency Management professionals from 10 Hampton Roads
communities met to discuss a coordinated regional approach to providing
objective, neutral and consistent Y2K public information. This group has
emerged into the Y2K Citizen InfoSource, and each of its three
subcommittees is chaired by members of the City of Virginia Beach
workforce. Through the Hampton Roads Y2K lnfoSource, Virginia Beach
citizens, businesses and property owners will have access to the shared
resources being developed by this group including: A menu-driven, toll-
free 1-800 line, sponsored by Bell Atlantic, through which a caller can
access the City of Virginia Beach Y2K lnfoLine for answers to specific
questions, www. y2khamptonroads, com is a site on the World Wide Web
launched in July 1999, which provides information on the status of
municipaHties in several key areas including: water, sewer E-911, schools,
public safety and traffic lights. It also contains useful links to the City's
Y2K Web site and a number of other sites that will provide citizens with
additional regional, state and national information. Working in partnership
with the U.S. Navy, information about this Web site has been disseminated
to nearly 400, 000 active duty Naval personnel stationed along the Eastern
Seaboard and in Europe.
YEAR 2000 READINESS DISCLOSURE
The Year 2000 readiness statements made by the City of Virginia Beach
are designated as a "Year 2000 readiness disclosure" within the meaning
of the Year 2000 Information Disclosure Act.
August 10, 1999
-7-
CITYMANAGER,S BRIEFING
ENVIRONMENTAL CRIMES TASK FORCE
12:23 P.M.
ITEM # 45301
Assistant City Attorney Vanessa Valledejuli advised that in 1995 the City Attorney and Former Fire Chief
Harry Diezel formed a partnership to assist in facilitating the formulation and the implementation
wide Environmental Task Force. of a City-
The Mission was to find parties responsible for illicit discharges and spill
which harm the environment and cost taxpayers clean-up costs. To enforce the current laws, many of the
laws were revised. An Interdepartmental Crimes Task Force was formed to streamline all the enforcement
procedures and hopefully response procedures. A manual has been developed for all the members of the
Task Force to provide training to all departments in the handling of these specific complaints and who they
need to contact. The other part of the Mission of the Task Force was to educate the public to be good
stewards of the environment and try to prevent many of these instances.
Mrs. Valledejuli displayed the video, which will be distributed to the Civic Leagues as well as schools. Mrs.
Valledejuli expressed appreciation to members of the Task Force. Environmental Crime is "any
unauthorized storage or transportation of solid waste or hazardous materials, which may be a threat to
public health or the environment ". Environmental Crime is "any activity performed without a permit,
which threatens the environment or damages natural r "
esources . The Virginia Beach Environmental
Crimes Task Force is comprised of members from the following City agencies,. City Attorney, Fire
Department Hazardous Materials Team, Fire Marshal, General Services, Health, Housing, Inspections,
Police, Public Utilities, and Public Works.
All spills, discharges or releases of hazardous materials shouM be reported. Some common products that
require reporting are:
Gasoline
Diesel Fuel
Engine oils
Propane
Waste Chemicals
Ammonia Gas
Chlorine Gas
Solvents Acids and other Corrosives
Poisons and Pesticides
Explosives
Organization Peroxides
Paints
Ifa citizen has items they are not certain of how to dispose properly, they should contact:
City of Virginia Beach
Waste Management Division
Southeastern Public Service Authority
City of Virginia Beach Landfill
Environmental Hotline
430-2450
420-4700
366-4560
427-1901
Provide for your own safety first, if you feel the incident is an EMERGENCY: DIAZ 911. The
Environmental Crimes Task Force agency having jurisdiction where the discharge has occurred will take
whatever actions are necessary to protect public health, safety and the environment. Based on the nature
of the hazard presented, Environmental Crimes Task Force and/or other public safety personnel may be
obligated to remain on the scene until the hazard is controlled. In addition, public safety personnel may
use materials to control an incident, protect the environment and reduce additional damage or destruction.
These materials, personnel and equipment costs may be charged to the responsible party (Virginia Beach
City Code Section 23-46.2).
Mayor Oberndorf expressed appreciation to Assistant City Attorney Vanessa Valledejuli and the
Environmental Crimes Task Force.
August 10, 1999
CITY MANAGER ,$ ITEMS
12:35 P.M.
ITEM # 45302
The City Manager distributed copies of the outline of the proposed plan that highlights/summarizes the
various components of the traffic managementprogram for the I~abor Day weekend. A copy of the August
Third report of the Resort Leadership Council was also distributed. The City hopes to finalize the Plan by
next Wednesday, August 18, 1999, and begin the actual implementation process in time for Labor Day. The
Plan, as proposed, represents the best thinking of all involved. It builds off the previous experiences with
traffic and crowd management practiced since the kick-off of the American Music Festival format in 1994.
There will not be a pass system in the Resort Area this Labor Day. The satellite parking and shuttle service
will be operated from the Pavilion as accomplished in past years with the addition of back-up sites at
Seatack Elementary and Birdneck Elementary. The use of the satellite parking and shuttle service is on a
voluntary basis. In order to prevent parking and traffic problems from unduly impacting the adjacent
residential neighborhoods, traffic control barricades indicating "local traffic only" will be placed on the
residential side streets to minimize traffic inclusion. Traffic control barricades were used last year but an
enhancement this year wi~l be the 2 4-h~ur enf~rcement ~f the Residential parking Permit restricti~ns. When
traffic reaches gridlock, the Police will direct traffic from the Resort Area. This will be accomplished, as
needed, to allow reasonable emergency vehicle access. As with other major holiday weekends, heavy traffic
and congestions can be expected. In an effort to improve traffic flow on Pacific Avenue, southbound left
turns at the following locations.. 24'~, 21~, 19,h and 17~ Streets, will not be permitted. $ignage will advise
vehicles wishing access to Atlantic Avenue at these locations to loop around the block (three right turns)
and position themselves eastbound towards Atlantic Avenue on the gateway street. Access to Atlantic
Avenue will be "open "until it is determined by the poHce/others that congestion exists. At that time access
to Atlantic Avenue will be limited to previously designated gateway accesses - 31st - 21st _ 19th _ 17th - 9'h.
Barricades will be erected at all non-gateway streets between Atlantic and Pacific Avenues. Vehicles will
be required to make right turns onto Atlantic Avenue to reach their destination. Hotel guests will receive
(at check-in) a color coded logo parking tag that will note the recommended access street.
ITEM # 45303
The City Manager advised the City is actively working with a development group in terms of hopefully
realizing a proposal for the Central Business District (CBD). A specific proposal for City Council's
consideration should be available within approximately two months. The City Manager inquired whether
City Council wished to maintain the current liaisons to the Central Business District: Vice Mayor William
D. Sessoms, Jr., and Councilman Louis R. Jones. The majority of the development being proposed is actually
in the Rose Hall District.
August 10, 1999
-9-
CITY COUNCIL COMMENTS
12:45 P.M.
ITEM # 45304
Concerning the mowing operations, Council Lady Henley advised a few years ago this was contracted out
instead of being handled by City crews. For some reason, the contract job is not as good as the City's
performance.
The City Manager shah compile a report on the status of the mowing contract.
Mayor Oberndorf said comparisons were necessary between the City employees and private contractors.
Council Members McClanan and Branch said the Sheriff has done a tremendous job on General Booth
Boulevard.
ITEM # 45305
Mayor Oberndorf requested information be provided relative forming a partnership with the newspapers,
major broadcasting stations and their personnel. She would rather "make a friend".
Council Lady Eure suggested setting aside a designated place to be utilized by the media in order to cover
the special events. The City Manager advised a number of the media outlets are corporate sponsors of the
entertainment. The City is attempting to work with the media to build partnerships.
ITEM # 45306
Mayor Oberndorf referenced attending a family wedding in Los ~4ngeles, California, this past weekend..4
survey was conducted whereby the citizens of Los ,4ngeles could comment concerning how they feel about
the building of an arena or colosseum. 80% of the surveyed audience absolutely opposed utilizing any
public funds for sports venues. In San Diego, a citizens group has brought legal action against the Mayor
as she was very positive about building an arena (or stadium). There were no pubHc funds utilized, the
owner of the team was able to provide the financing to fund the proposal.
Councilman Heischober advised the new owner of the Florida Marlins tried to get public/private, financing,
which was rejected. He invested $400-MILI_,ION and they are on their way now with purely private funds.
Mayor Oberndorf advised if these are really such "money generators,,, revenue bonds could be utilized with
the debt payment made each year.
August 10, 1999
-IO-
AGENDA RE VIE FY SESSION
12:53 P.M.
ITEM # 45307
1.2
Resolution of endorsement to the Governor and General
Assembly for the transportation projects contained in the
Metropolitan Planning Organization (MPO) 's 2020
Transportation Plan, as set forth in the Hampton Roads
Planning District Commission (HRPDC)'s briefing package
dated 7 July 1999, entitled, "Regional Priority Setting - The
Future of Transportation in Hampton Roads '~ and, requesting
the Governor and General ,,lssembly find appropriate sources of
funding for said projects.
Council Members McClanan and Weeks advised they will vote NAY. This item will be discussed during the
FORMAL SESSION.
ITEM # 45308
BY CONSENSUS, the following items shall compose the CONSENT AGENDA..
RESOLUTIONS
1.2.
Resolution re issuance by the Virginia Beach Development
Authority of Revenue Bonds not to exceed $85,000,000 for
FYestminster-Canterbury of Hampton Roads, Inc. re
construction, renovation and equipping of a new 14-story
residential wing, coveredparking, expanded wellness center and
enlarged auditorium at 3100 Shore Drive (LYNNHAVEN -
DISTRICT 5).
ORDINANCES
Ordinance to AMEND Section 2-398 of the City Code,
DELETING the reference to Section 15.1-437 of the Virginia
Code; and, SUBSTITUTING a new reference to Section 15.2-
2212 of the Virginia Code re Planning Commission Members.
Ordinance to A CCEPT and APPR OPRIA TE $2,259,871 in State
Grants to the Virginia Beach Public Schools' FY 1999-2000
Operating Budget re increased fundingfor previously approved
grant awards, local educational reform efforts and class size
reduction,, and, increase estimated revenues accordingly.
Ordinance to ACCEPT and APPROPRL4TE $611,247 in
Section 8 revenue from the U.S. Department of Housing and
Urban Development (HUD) to the Housing and Neighborhood
Preservation FY 1999-2000 Operating Budget re continuance of
the Section 8 Rental Subsidies program; and, increase estimated
revenues accordingly.
Ordinance to ACCEPT and APPROPRIATE $83,740from the
Federal Emergency Management Agency (FEMA) to the Fire
Department FY 1999-2000 Operating Budget re support of
operations of the FEMA Urban Search and Rescue Team,
Virginia Task Force No. 2; and, increase estimated revenues
accordingly.
August 10, 1999
- 11 -
AGENDA RE VIE IV SESSION
ITEM # 45308 (Continued)
Ordinances re compensation for the City Council/lppointees:
a. City Manager 4.5%
b. City .4ttorney 9. 0%
c. City Clerk 4.5%
d. City Real Estate
~4ssessor 6.17%
$143,102. O0
125,000.00
65, 046. O0
80,000.0O
d. 6. License Refunds
$23,216.26
~4ugust 10, 1999
- 12-
AGENDA RE VIE W SESSION
ITEM # 45309
K. 2. Applications of ROBERT STEINHILBER at the East side of
Blackwater Road, North of the intersection with Indian Creek
Road (5924 Blackwater Road), containing 82.202 acres
(PRINCESS ANNE- DISTRICT 7):
Variance to Section 4.1(m)(1) of the Subdivision Ordinance
which requires a minimum 30-foot pavement width for the
proposed cul-de-sac.
b. Conditional Use Permit for an alternativeresidential
development
Councilman Harrison supports the application being on CONSENT; however, he believes there is a conflict
between the Comprehensive Plan and the twelve guidelines within the Comprehensive Plan and Section
405 of the City Zoning Ordinance. Technically in some ways, he believes the application might not comply
with all 12 guidelines. The Comprehensive Plan gives the City Council more latitude to work with the
application to meet all the guidelines. Councilman Harrison requested clarification.
Council Lady Henley believed the new design closely adhered to the twelve guidelines. There might be some
concern relative the guideline utilizing the minimum acceptable lot area necessary, which would mean that
each lot would be no more than an acre. However, it is necessary to make sure that there is ample place for
drain fields so sometimes this acre might be exceeded. In reviewing the new design, she believed the
applicant had come very close to the guidelines.
ITEM # 45310
K. 3. Applications of ARGOS PROPERTIES, LLC, at the Southwest
corner of Princess Anne and Seaboard Roads (PRINCESS ANNE
- DISTRICT 7):
a. Variance to Section 5B of the Site Plan Ordinance, Floodplain
Regulations
b. Change of Zonine District Classification from .4 G-2 Agricultural
District and B-2 .Communit~ Business District to Conditional B-2
Communitv Business District, containing 8.9 ac'res
This item will be discussed during the FORMAL SESSION. Karen Laslie - Planning Department, advised
Councilman Heischober the intent of the applicant was to request an INDEFINITE DEFERR~4L.
Council Lady Eure advised she met with the applicants. As this is an extremely difficult application, they are
hoping to redesign the project to develop a better project or either just simply develop the property that is
already zoned. Council Lady Henley advised she had made a policy not to meet with the applicants prior
to consideration by the Planning Commission. 82% of subject property is in the flood plain area.
ITEM # 45311
K. 4. Applications of BECO BUILDING ASSOCIATES, a Virginia
General Partnership, at the North side of Princess Anne Road,
beginning 800 feet more or less West of Seaboard Road
(PRINCESS ANNE- DISTRICT 7):
.Variance to Section 4. 4(b) (1) of the Subdivision Ordinance which
requires that all lots meet lot width requirements re four (4) non-
compliance lots in a proposed subdivision of 128 single-family
residential lots.
Chanee of Zonine District Classification from A G-1 and AG-2
Agricultural Districte and R-20 Residential District to
Conditional R-lO Residential District, containing 101.5 acres.
This item will be discussed during the FORMAL SESSION.
August 1 O, 1999
-
AGENDA RE VIE tV SESSION
ITEM # 45312
K. 5. Application of ROCK CHURCH for a Conditional Use
.Permit for a child care education center in a church at the
Northeast intersection of Kempsville Road and Manor Drive
(580 Kernpsville Road), containing 7. 72 acres
(KEMPSVILLE - DISTRICT 2).
Council Lady Eure inquired whether the City Council was approving 125 or 145 children in the day care
center, as both amounts had been referenced in the .4genda form.
Karen Laslie, Planning Department, advised the application was for 145 students,, however, the Planning
Commission reduced this amount and recommended 125. The Commission's concern was the outdoor
space was rather small. The school seemed to be agreeable to the maximum of 125 students.
ITEM # 45313
B Y CONSENSUS, the following items shall compose the PLANNING B Y CONSENT~4GEND,4..
K. 1. Application of RONALD and VIRGINL4 WILLIAMS for a
.,Variance to Section 4. 4(b) of the Subdivision Ordinance to allow
the creation of one lot that does not meet the required lot width
of the R-40 Residential District on the West side of River Road,
427.56 feet South of North River Road (LYNNHAVEN -
DISTRICT 5).
K. 2. Applications of ROBERT STEINHILBER at the East side of
Blackwater Road, North of the intersection with Indian Creek
Road (5924 Blackwater Road), containing 82.202 acres
(PRINCESS ANNE- DISTRICT 7):
Variance to Section 4.1(m)(1) of the Subdivision Ordinance
which requires a minimum 30-foot pavement width for the
proposed cul-de-sac.
b. Conditional Use Permit for an alternative residential development
K. 5. Application of ROCK CHURCH for a Conditional Use Permit
for a ghild care education center in a church at the Northeast
intersection of Kempsville Road and Manor Drive (580
Kempsville Road), containing 7.72 acres (KEMPSVILLE-
DISTRICT 2).
K. 6. Application of FATHY ~4. ABDOU for a Change of Zoning
District Classification from R-10 Residential District to
Conditional 0-1 Office District at the Northwest corner of
Independence Boulevard and Copperfield Road, containing
1.494 acres (B.4 YSIDE- DISTRICT 4).
August 1 O, 1999
- 14-
ITEM # 45514
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINI/I BE.4CH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, ,4ugust 10, 1999, at 1.'12
P.M.
Council Members Present:
£inwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and.4. M. "Don" Weeks
Council Members ,4bsent:
Louis R. Jones
August 10, 1999
- 15-
ITEM # 4.531.5
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose..
pERSONNEL MATTERS.. Discussion, consideration or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To Wit:
Boards and Commissions:
Agricultural Advisory Commission
Francis Land House Board of Governors
Health Systems Advisory Board
Parks and Recreation Commission
Personnel Board
Public Library Board
Transportation District Commission of
Hampton Roads
PUBLICLY-HELD PROPERTE. Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of the
disposition of publicly-held real property, for discussion in an open
meeting which wouM adversely affect the bargaining position or
negotiating strategy of the public body pursuant to Section 2.1-344(A)(3).
To- Wit: Disposition of Real Property - Beach District
LEGAL MA TTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, where such consultation or briefing in open meetings would
adversely affect the negotiating or litigatingposition of the public body and
consultation with legal counsel employed or retained by a public body
regarding specific matters requiring the provision of legal advice by such
counsel pursuant to Section 2.1-344(A)(7).
To- Wit:
City of Virginia Beach v. Shivam Investment, Inc.
City of Virginia Beach v. EAI Systems Inc., Stratus and Federal
Berkshire Apartments, LLC v. Board of Zoning Appeals
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council voted to proceed
into CLOSED SESSION.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 1 O, 1999
- 16-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
August 10, 1999
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 10, 1999, at 2.'00 P.M.
Council Members Present:
Linwood O. Branch, 11I, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba $. McClanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Absent:
Louis R. Jones
[FAMILY VA CA TION]
INVOCATION:
Reverend Dick Branson
Associate Pastor
London Bridge Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERIC.4
Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, disclosed there were no matters on the
agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as
an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the
anks tnterest tn any application that may come before City Council. Vice Mayor Sessoms' letter of January
4, 1999, is hereby made apart of the record.
August 1 O, 1999
Item V-E.
-17-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 45316
Upon motion by Vice Mayor Sessoms, second ed by Councilman Heischober, City Council CERTIFIED
THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. 34. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 10, 1999
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM ft 45315, Page 15, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted fi.om 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.
Hodges ~mith~C-'-MC/AAE
City Clerk
August 10, 1999
- 18-
.Item V-F. 1
MINUTES
ITEM # 45317
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the
Minutes of the INFORMAl, AND FORMAL SESSIONS of August 3, 1999.
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
AugustlO, 1999
Item V-G. 1.
- 19-
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 45318
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
August 1 O, 1999
- 20-
Item V-G.
PRESENTATION
ITEM # 45319
Mayor Oberndorf PRESENTED:
"RESOLUTION OF FRIENDSHIP"
Trevor Polley, Chief Executive and Town Clerk, North Down, Northern Ireland, ACCEPTED the Resolution
to be given to Marion Smith, Mayor- Borough of North Down, Northern Ireland. North Down, Northern
Ireland and Virginia Beach, Virginia, United States of America, have formed a bond of friendship and
respect between their communities, thousands of miles apart, with the signing of a Sister Cities Friendship
Commitment.
Mayor Oberndorf advised Arrowhead Elementary and Kempsville Middle School will become Pen Pals with
North Down, Northern Ireland. Carolyn Garrett - Principal- Arrowhead Elementary School and Weeta Bell-
Phillips - Principal - Kempsville Middle School were in attendance.
Mr. Polley expressed appreciation for the hospitality and introduced his wife: Lorraine, his son - Stephen
and daughter - Ruth.
Remembrances of the City were given to Trevor and his family, as well as a gift to be presented to Mayor
Marion Smith.
August 10, 1999
WHEREAS:
NORTH DOWN, NORTHERN IRELAND, and VIRGINIA BEACH, VIRGINIA,
UNITED STATES OF AMERICA, have formed a bond of friendship and respect
between their communities, thousands of miles apart, with the signing ora Sister
Cities Friendship Commitment in the Summer of Nineteen Hundred and Ninety-
Nine;
WHEREAS: The people of Virginia Beach are very proud to have North Down, Northern Ireland,
as their friends; and,
WHEREAS:
NORTH DOWN, NORTHERN IRELAND, and VIRGINIA BEACH, VIRGINIA,
USA, both have a great deal in common: thriving seaside resort; welcome
'thousands of tourists to our shores each year; have comparable industry and
agriculture; enjoy an exceptional quality of life; and, have the best citizenry to be
found anywhere in the world.
NOW, THEREFORE, WE, Meyera E. Obemdorf, Mayor of Virginia Beach, Virginia, USA, and
Marion Smith, Mayor of North Down, Northern Ireland, do, on behalf of our respective
communities, symbolize the joining of our friendship in a bond evidenced by culture, education,
economics and language, and appreciation for each others' diversity with the warmth of good
fellowship.
IN WITNESS WHEREOF, WE hereunto set our hands and cause this agreement by signature to be
effective this Twenty-Second Day of July, Nineteen Hundred and Ninety-nine.
9. MARION SMITH
MEYERA E. OBERND~~~~O~
Mayor Mayor
Virginia Beach, Virginia Borough of North Down, Northern Ireland
- 21 -
Item V-IAI
RESOL UTIONS/ORDINANCES
ITEM # 45320
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN
ONE MOTION, Resolutions 1 and Ordinances 1, 2, 3, 4, 5 and 6 of the CONSENTAGENDA..
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
Councilman Harrison ABSTAINED on Item 1 (Westminster-Canterbury of Hampton Roads, Inc.) as his law
firm represents the applicant.
August 10, 1999
- 22 -
Item V-I. 1.
RESOLUTION
ITEM # 45321
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution re issuance by the Virginia Beach Development Authority of
Revenue Bonds not to exceed $85,000, O00 for tVestminster-Canterbury
of Hampton Roads, Inc. re construction, renovation and equipping of a
new 14-story residential wing, covered parking, expanded wellness
center and enlarged auditorium at 3100 Shore Drive (L YNNHA VEN-
DISTRICT 5)
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, IIL Margaret L. Eure, Harold Heischober, Barbara
M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K.
Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Abstaining:
William W Harrison, Jr.
Council Members Absent:
Louis R. Jones
Councilman Harrison ABSTAINED on Item l (Westminster-Canterbury of Hampton Roads, Inc.) as his law
firm represents the applicant.
August 10, 1999
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA APPROVING THE ISSUANCE OF THE RESIDENTIAL
CARE FACILITY MORTGAGE REVENUE BONDS FOR WESTMINSTER-
CANTERBURY OF HAMPTON ROADS, INC.
WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has
considered the application of Westminster-Canterbury of Hampton Roads, Inc. (the "Company") for
the issuance of the Authority's residential care facility mortgage revenue bonds in an amount not to
exceed $85,000,000 (the "Bonds") to assist in the finance of the Company's construction, renovation
and equipping of a new 14-story residential wing, which will provide 164 new independent living
apartments as well as a covered parking facility, expanded wellness center with an exercise room
and pool and an enlarged auditorium (all improvements and land being collectively referred to as
the "Facility") to be located at 3100 Shore Drive, Virginia Beach, Virginia, and has held a public
hearing thereon on July 20, 1999; and
WHEREAS, the Authority has requested City Council (the "Council") of Virginia Beach,
Virginia (the "City") to approve the issuance of the Bonds to cmnply with Section 147(0 of the
Internal Revenue Code of 1986, as amended; and
WHEREAS, pursuant to Section 15.2-4906, 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.
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 issuance of the
bonds by the City of Virginia Beach Development Authority, in a principal amount not to exceed
$85,000,000 for financing the construction, renovation and equipping of a new 14-story residential
wing which will provide 164 new independent living apartments as well as a covered parking
facility, expanded wellness center with an exercise room and pool and an enlarged auditorium, to
be located at 3100 Shore Drive, Virginia Beach, Virginia for the benefit of Westminster-Canterbury
of Hampton Roads, Inc., to the extent required by Section 147(t) of the Internal Revenue Code, to
permit the Authority to assist in the financing of the Facility.
2. The approval of the issuance of the Bonds, as required by Section 147(t) does not
constitute an endorsement of the bonds or the creditworthiness of the Company; but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither
the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs
1-23638.1HLP:NS
6/22/99
incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit
nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto.
3. In approving the Resolution, the City of Virginia Beach, including its elected
representatives, officers, employees and agents, shall not be liable and hereby disclaims all liability
for any damages to any person, direct or consequential, resulting from the Authority's failure to issue
Bonds for the Facility for any reason.
4. This Resolution shall take effect immediately upon its adoption.
Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia
on August 10, 1999.
I certify the foregoing to be a true and correct copy of the Resolution adopted by the City
Council of the City of Virginia Beach, at a regular meeting held on August 10, 1999.
Clerk
B 1-23638.1HLP:N$
6/22/99
2
VIRGINIA
BEACH
Development Authority
One Columbus Center, Suite 300
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
F. Dudley Fulton, Chair
Stephen W. Burke, Vice-Chair
W. Brantley Basnight III, Secretary
Kenneth D. Barefoot, Treasurer
Elizabeth A. "Betsy" Duke
Robert F. Hfigans, Jr.
Robert G. Jones
July 20, 1999
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re:
Westminster-Canterbury of Hampton Roads, Inc.
City of Virginia Beach Development Authority Residential Care Facility
Mortgage Revenue Bonds Series 1999
Dear Mayor Oberndorf and Members of City Council:
We submit the following in connection with project Westminster-Canterbury of Hampton
Roads, Inc. located at 3100 Shore Drive, Virginia Beach, Virginia 23451.
(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 modification of the bonds
described above is attached as Exhibit E.
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
July 20, 1999
Page 2
(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.
(6) Attached as Exhibit H is a letter from the appropriate City department commenting on
the Project.
GLF/rab
Enclosures
Very truly yours,
Deputy City Attorney
Exhibit A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
The Virginian-Pilot
WILLCOX & SAVAGE, P.C.
PO BOX 61888
VA BEACH, VA 23466
REFERENCE: 10047130 Hugh Patters
728600409 WESTMINSTER-CAN
State of Virginia
City of Norfolk
This day, D. Johnson personally appeared before me
and after being duly sworn, made oath that:
1) She is affidavit clerk of The Virginian-Pilot,
a newspaper published by Landmark Communications
Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk, and Virginia Beach, State of
Virginia. 2) That the advertisement hereto
annexed has been published in said newspaper on
the date stated.
PUBLISHED ON: 07/06 07/13
TOTAL COST: 406.64 AD SPACE: 68 LINE
FILED ON: 07/16/99
............................................
/I
Subscribed and swor&t~ before me in my city and state on the day and year
aforesaid this / 9 - ds/~ of ~.~ , /~ ~ .
Notary: ~~.~t~~ My commission expires December 31, 1999
NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE BOND
FINANCING OF THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
Notice is hereby given that the City of Virginia Beach Development Authority (the "Authority")
will hold a public hearing on the application of Westminster-Canterbury of Hampton Roads, Inc.,
a Virginia nonstock, nonprofit corporation (the "Company"), the address and principal place of
business of which is 3100 Shore Drive, Virginia Beach, Virginia 23451, for the Authority to issue,
pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"), up to
$85,000,000 of its Residential Care Facility Mortgage Revenue Bonds to assist the Company in
permanent financing of its construction, renovation and equipping of a new 14-story residential
wing, which will provide 163 new independent living apartments as well as a covered parking
facility, expanded wellness center with an exercise room and pool and an enlarged auditorium to
be located at 3100 Shore Drive, Virginia Beach, Virginia (the "Project"). The public hearing,
which may be continued or adjourned, will be held at 8:30 a.m. on Tuesday, July 20, 1999, before
the Authority at the Authority's office at One Columbus Center, Suite 300, Virginia Beach,
Virginia. As required by the Act, the Bonds will not pledge the credit or the taxing power of the
City of Virginia Beach, Virginia or the Authority, but will be payable Solely from revenues
derived from the Company and pledges therefor. Any person wishing to comment on the
application may appear and be heard. A copy of the Company's application is on file and is open
for inspection at the Authority's office at One Columbus Center, Suite 300, Virginia Beach,
Virginia, during business hours.
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
BI-23729.1/HLP:NS
6/22/99
Exhibit B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
(WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.)
The Chairman of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement of a public hearing on the request of Westminster-Canterbury of
Hampton Roads, Inc., a Virginia nonstock, nonprofit corporation (the "Borrower") and that a notice
of public hearing was published in the V_irgillioY_il~, a newspaper having general circulation in the
City of Virginia Beach, Virginia in accordance with applicable law governing the issuance of tax-
exempt bonds. The Chairman indicated that a copy of the Notice and an Affidavit of Publication of
such notice are to be filed with the records of the City Council of the City of Virginia Beach (the
"Council").
The following individuals appeared and addressed the Authority:
Hugh L. Patterson
Erie Marie Latimer
Chuck Starbranch
Mr. Patterson gave a brief description of the resolution and the project and opened the floor
for questions. Members of the Authority asked several questions regarding the project, including
questions about the size of the new west wing addition, the number of new independent living and
assisted living residential units being added to Westminster-Canterbury's facilities, the number of
parking spaces in the new parking deck and the total number of parking spaces available for
residents, employees and guests of Westminster-Canterbury after completion of construction and
these questions were addressed to the satisfaction of the Authority by Mr. Patterson and Ms.
Latimer.
The public benefits to be realized by the City of Virginia Beach as a result of the financing
of the Project, as described by Mr. Patterson, are (a) 93 new permanent jobs with a $1,900,000
increase in annual salaries and an average salary increase being approximately $20,600 per year,
raising the total annual payroll at Westminster-Canterbury to approximately $8,000,000; (b)
additional taxes to be paid by the Borrower to the City of Virginia Beach will be approximately
$745,000; (c) Westminster-Canterbury's estimated value of goods and services to be purchased each
year within the Virginia Beach area will total approximately $6,000,000, (d) 230 new senior
residents will be living at Westminster-Canterbury and will have a potential for discretionary
spending in excess of $1,100,000 per year and (e) the new 14-story residential wing will provide 164
new independent living apartments that meet the current and future market demands of retired
persons who now want larger apartments and more amenities than are presently offered in the
existing facilities.
BI-23636. I/WWH:SH
7/23/99
No other persons appeared to address the Authority, and the Chairman closed the public
hearing.
The Authority hereby recommends that the City Council of the City of Virginia Beach,
Virginia approve the issuance of the Bonds and hereby transmits the Fiscal Impact Statement to the
City Council of the City of Virginia Beach and asks that this recommendation be received at its next
regular or special meeting at which this matter can be properly placed on the Council's agenda for
hearing.
111-23636.1/WWH:$H
7/23/99
Exhibit C
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY INDICATING ITS INTENT TO ISSUE BONDS FOR
WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. TO
CONSTRUCT, RENOVATE AND EQUIP A NEW 14-STORY RESIDENTIAL
WING WITH COVERED PARKING FACILITIES AND OTHER AMENITIES
TO PROVIDE ADDITIONAL EXPANDED RESIDENTIAL CARE
FACILITIES FOR THE AGED
WHEREAS, there has been described to the City of Virginia Beach Development Authority
(the "Authority"), the plans of Westminster-Canterbury of Hampton Roads, Inc. (the "Company"),
whose current address is 3100 Shore Drive, Virginia Beach, Virginia 23451, acting on its own behalf,
to construct, renovate and equip a 14-story, 164 unit new independent living apartment tower as well
as a covered parking facility, expanded wellness center with an exercise room and pool and an
enlarged auditorium (the "Project"), located at 3100 Shore Drive, in the City of Virginia Beach,
Virginia (the "City"); and
WHEREAS, the Company, in its application and in its appearance before the Authority, has
requested that the Authority issue its residential care facility mortgage revenue bonds under the
provisions of Chapter 643 of the Acts of Assembly of 1964 and the Industrial Development and
Revenue Bond Act, Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (collectively,
the "Act") in such amounts as may be necessary to finance costs to be incurred in constructing,
renovating and equipping the Project; and
WHEREAS, a public hearing has been held as required by Section 147(f) of the Internal
Revenue Code of 1986, as amended, and applicable provisions of the Code of Virginia of 1950, as
amended (the "Virginia Code").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY THAT:
1. The foregoing recitals are approved by the Authority and are incorporated in, and
deemed a part of this Resolution.
2. It is hereby found and determined by the Authority that (a) provision of financing of
the Project by the Authority will be in the public interest and will benefit the inhabitants of the City
through the promotion of their safety, health, welfare, convenience or prosperity, and (b) the
construction, and renovation and equipping of the Project for the Company in the City will further the
public purposes of the Act and provide a public benefit to the City by, among other things, ensuring
the availability of modern and efficient medical services, care and residence for the aged in accordance
with their special needs.
3. It is hereby found and determined that the Project will constitute a facility for the
residence or care of the aged within the meaning of the Act.
BI-23637. I/HLP:NS
6/22/99
4. To induce the Company to construct, renovate and equip the Project, the Authority
hereby agrees to cooperate with the Company in the review and evaluation of the application to finance
the Project and, subject to the Authority's final approval of the terms and conditions of the financing
of the Project and the offering of the Bonds at a later date, to undertake the issuance of its residential
care facility mortgage bonds therefor in the maximum principal amount of $85,000,000 (the "Bonds")
upon the terms and conditions to be mutually agreed upon by the Authority and the Company. If
finally approved by the Authority, the Bonds will be issued pursuant to an Indenture of Trust and
certain other documents satisfactory to, and with terms to be approved by, the Authority. The Bonds
will be issued only after the Authority has received the approving opinion of Bond Counsel as to the
qualification of the Bonds under the Act and appropriate certifications and opinions as to the offering
of the Bonds and the disclosure with respect thereto.
5. It having been represented to the Authority that it is necessary to proceed with the
construction, renovation and equipping of the Project, the Authority hereby agrees that the Company
may proceed with the plans for the Project, enter into contracts for the construction, renovation and
equipping of the Project and take such other steps as it may deem appropriate in connection therewith,
provided that nothing herein shall be deemed to authorize the Company to obligate the Authority
without its consent in each instance to the payment of any moneys or the performance of any acts in
connection with the Project.
6. The Authority hereby agrees to the recommendation of the Company that Willcox &
Savage, P.C., Norfolk, Virginia, be appointed as Bond Counsel and hereby appoints such firm to
supervise the proceeds and approve the issuance of the Bonds.
7. The Authority hereby agrees, if requested, to accept the recommendation of the
Company with respect to the appointment of an agent or underwriter for the sale of Bonds pursuant
to the terms to be mutually agreed upon by the Authority and the Company.
8. All costs and expenses in connection with the financing and the construction,
renovation and equipping of the Project, including the fees and expenses of Bond Counsel, counsel
for the Authority and the agent or underwriter for the sale of the Bonds shall be paid from the proceeds
of the Bonds (but only to the extent permitted by applicable law) or by the Company. If for any reason
such Bonds are not issued, it is understood that all such expenses shall be paid by the Company and
that the Authority shall have no responsibility therefor.
9. In adopting this Resolution, the Authority hereby declares its "official intent" to issue
the Bonds within the meaning of Treasury Regulation Section 1.150-2 and certifies that, based upon
the Company's application and other evidence available at the time of the adoption of this Resolution,
the Authority reasonably expects that it will use proceeds of the Bonds to reimburse original
expenditures for the Project withing the meaning and contemplation of Treasury Regulation Section
1.150-2 in an amount not expected to exceed $500,000.
I0. The Bonds shall be limited obligations of the Authority and shall be payable solely out
of revenues, receipts and payments specifically pledged therefor. Neither the commissioners, officers,
BI-23637.1/HLP:NS
6/22199 2
agents or employees of the Authority, past, present and future, nor any person executing the Bonds,
shall be liable personally on the Bonds by reason of the issuance thereof. The Bonds shall not be
deemed to constitute a general obligation debt or a pledge of the faith and credit of the Commonwealth
of Virginia or any political subdivision thereof, including the City of Virginia Beach and the Authority
and neither the Commonwealth of Virginia nor any such political subdivision thereof shall be
personally liable thereon, nor in any event shall the Bonds be payable out of any funds or properties
other than the special funds and sources provided therefor. Neither the faith and credit nor the taxing
power of the Commonwealth of Virginia, or any political subdivision thereof, including the City of
Virginia Beach, shall be pledged to the payment of the principal of the Bonds or the interest thereon
or other costs incident thereto. The Bonds shall not constitute an indebtedness within the meaning of
any constitutional or statutory debt limitation or restriction.
11. The Authority shall not be liable and hereby disclaims all liability to the Company for
any damages, direct or consequential, resulting from the Authority's failure to issue Bonds for the
Project for any reason, including but not limited to, the failure of the City Council of the City of
Virginia Beach to approve the issuance of the bonds. Nothing herein shall be construed as a
commitment or obligation on the part of the Authority to adopt a final resolution or execute any
documents with respect to the Project.
12. Unless this Resolution is extended by the Authority, the Bonds authorized hereunder
shall be issued within one year from the date hereof or this Resolution shall become void and of no
further force or effect.
13. The Authority hereby recommends that the City Council of the City of Virginia Beach
approve the issuance of the Bonds and hereby directs the Chairman or Vice-Chairman of the Authority
to submit to the City Council of the City of Virginia Beach a reasonably detailed summary of the
comments, if any, expressed at the public hearing, the fiscal impact statement required by Virginia law,
and a copy of this Resolution.
This Resolution shall take effect immediately upon its adoption.
Certified to be a true copy of a Resolution adopted on July~2~,~9~9.
[SEAL]
Secretary ~
B 1-23637.1/HLP:NS
6/22/99
Exhibit D
CITY' OF Y[.RO~IA BEACH DEVELOPMENT AUT'HOR.{TY
ECONOMIC DEVELOPMENT IN'VESTMeNT PROG'R. AM
CON$IDEKATION APPLICATION
5.
6.
9.
Name, ~dress and telephone of the project entity.
Wes~min$~r-¢anc~rbury of Hampco~ Roads~ Inc.l
Yjr_~.i! Beach, Vix~ia 23451;..,.~75~ 496-1100
Proje¢~ Size ~nd/or Build[nS
(a) Indicate approxLmite size (in acres or square feet) of project site.
~4.9 acres
(b) F.,xi~ing ~ or N'ew Construction. XX
(¢) Indic, ate the p~eut
Life-car~ facility
3100 Shore Drive;
Does the proj~t involve the lease or purchase of an exi.~tln$ buildlns(~)
(~) Lease Initial Lease Term
(b) Purchase L___.
Vslue of new Ileal Bs'~ate r.m'es~l $ 66,835,000
Value ofnew Personal Property $ ..... 1,25o,000
Value ofnew Machinery ~nd Toola $
Number of new full~dine jobs 93
1, 917~000
Payroll E, eaer~tec[ Av{~ Wase (n~ ~]u~ ~l~) $ 70, ~00
. Nun~c~ vCma-Ume jo~s r~m~
Pa~oD ~ ~6,000,000 A~ Wage (not inchdlng benefits) $ 23,300
Fern oforgmation (ch~ck one) ~Co~o~lion _ Partnership ~
Proprietorship
Sore
Cectified fnancial statement (please enclose)
Disclosure Statement-list of al! officet~ anct ditchers of corporation. If not incorpora:ed,
please indicate the name~ of dl partners.
Disclosure 's~acement attached.
The Trustees of the proviclcr arc;
Appointed by the Episcopal
DiOcese:
Dr. Lambuth M Cia'kc
t508 Buckingham Avenue
Norfolk, VA 23508
Mrs. Margaret Crooks
1512 MeCullough Lane
Virginia Beach, VA 23454
Mrs. Connie Laws
1713 Bolling Avenue
Norfolk, VA 23508
The Reverend Charles Joy
St. Andrew's Episcopal Church
1004 Graydon Avenue
Norfolk, VA 23507
Mrs. Emily Filer
4344 Thoroughgood Lane
Virginia Beach. VA 23455
Mr. Tommy Kyrus
2973 Shore Drive, #102
Virginia Bench, VA 2345
Mr. Peter Meredith, Jr.
Meredith Construction Co.
1014 w. 24th SU'eet
Norfolk, VA 23517
Mr. James T. Hopkins, Ill
6101 Burton Station Road
Norfolk, VA 23502
Thc Rt. Rev. David C. Beuie, Jr.
600 Talbot Hall Road
Norfolk, VA 23505
t
Appointed by the Presbyter)- of
Eastern Virginia:
Dr. Richard J. Keever
1. 400 Ewell Road
Virginia Beach, VA 23455
Mr. George L. Zuidema,
916 Five Forks Road
Virginia Beach, VA 23455
Mr. John R. Mofison
'5200 Hampton Boulevard
Norfolk, VA :23508
Mr. William J. Fanney
206 59th Street
Virginia Beach, VA 23451
Mr. Frederick V. Martin
5203 Studeley Avenue
Norfolk, VA 23451
Mr. Richard Roberts
1109 South Bay Shore Drive
Virginia Beach, VA 23451
Mr. Robert O. Krebs, Jr.
I 140 Wye Lane
Virginia Beach, VA 23451
Mrs. Betty Bus~iglio
1128 York Lane
¥irginia Beach, VA
23455
Dr. Patricia F. Karn$
801 Loudoun Avenue
Portsmouth, VA 23708
6/17/99
The Officers of the provider are:
Chairman:
Vice Chairman:
Secretary:
'rr~a$llrer;
President:
Vice Preaident:
Chief Financial Officer and
Assistant Treasurer:
Mr. Peter Meredith
Meredith Construction Co.
1014 W. 24th
Norfolk, VA 23517
Mr. Frederick V. Martin
5203 Studeley Avenue
Norfolk. VA 23508
Mrs. Emily Filer
4344 Thoroughgood Drive
..Virginia Beach, VA 23455
Mr. William J. Fanney
206 59th Street
Virginia Beach, VA 23451
Mrs, Erie Marie Latimer
3100 Shore Drive
Virginia Beach, VA 23451
Mrs. Mary, HarrelI
3100 Shore Drive
Virginia Beach, VA 23451
Mr. Charles Starbranch
3100 Shore Drive
Virginia Be~ch, VA
ms~~c~mmm~ o7 ~,~o~ ~e~s, inc.
~ri~Nlrie' L~gimer "~
President
I-2.54397.
6/17/~
VIRGINIA
BEACH
City of Virginia Beach Development Authority
Residential Care Facility Mortgage Revenue Bonds
(Westminster-Canterbury of Hampton Roads, Inc.)
Series 1999
Development Authority
One Columbus Center, Suite 300
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
F. Dudley Fulton, Chair
Stephen W. Burke, Vice-Chair
W. Brantley Basnight Ilk Secretary
Kenneth D. Barefoot, Treasurer
Elizabeth A. "Betsy" Duke
Robert F. Hagans, Jr.
Robert G. Jones
The Authority recommends ...........
pproval of the captioned financing. Westminster-Canterbury
of Hampton Roads, Inc. (the "Company") proposes to expand and renovate its present facility by
adding a 14-story residential wing that will complement the existing 14-story structure. The first
four floors of the new wing will provide covered parking for residents and new and enlarged activity
spaces. The remaining ten stories will house 164 new independent living apartments.
The new independent living apartments are designed to meet the current and future market
demands of retirees who desire larger spaces and more amenities than are presently offered in the
current facilities. These apartments will range in size from 1,000 to 1,800 square feet and will
include washers and dryers, dishwashers, garbage disposals and other household amenities that are
not possible to add in the existing building. These units will provide a vital and much needed
addition to the spectrum ofresidentiai living alternatives offered by Westminster-Canterbury.
Covered Parking was an integral part of the original plans submitted for approval in 1978 but
was deleted for cost reasons. Its addition will solve a long unmet need at the Westminster-
Canterbury community. The new structure will provide parking for at least one car for every
independent living apartment (both current and new) and residents will now be sheltered from the
weather in moving to and from their parked vehicles.
The new and much needed common space will include an expanded wellness facility with
an exercise room and pool. Enlarged activity spaces will include an auditorium that will seat at least
350 people, will face the water and will offer a valuable resource for both residents and community
groups. A separate chapel will also be constructed to help meet the spiritual needs of this church
sponsored community.
Rem~vations will also be made to the existing facilities which consist of one 14-story
structure with 335 independent living units, assorted meeting and dining rooms, lobbies, lounges and
offices, 53 private assisted living units and a 75-bed health care center. These renovations will
include the reclassification and modification of 56 independent living units to state-of-the-art
assisted living units (all of existing floors 1 and 2), the renovation and upgrade over time of the
.remaining 282 independent living units as units change owners and a substantial restructuring of and
~mprovements to the health care center (loss of 18 assisted living units to create more private rooms
and specialized care), the dining facilities (cafe, casual and private dining rooms) and the common
areas (country store and business service areas). The current facility is located on a site of
approximately 14 acres.
Exhibit F
FISCAL IMPACT STATE1VIENT
DATE:
TO:
PROJECT NAME:
TYPE OF FACILITY:
TIlE CITY COUNCIL OF VIRGINIA BEACH, VIRG~A
1. Maximum amount of financing sought
Westminster-Canterbury of Hampton Roads, Inc.
Life Care Facility
$ 82,000,000
Estimated taxable value of the facility's
real property to be constructed in the
municipality
Estimated real property tax per year
using present tax rates
66,895,000
$ 1,200,000
Estimated personal property tax per
year using present tax rates
$ 25,700
Estimated merchant's capital(business
license) tax per year using present
tax rates
Estimated dollar value per year of goods
and services that will be purchased
locally
$ 6,000,000
Estimated number of regular employees
on year round basis
351
8. Average annual salary per employee $ 22,507
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_~_ c~Development Authority
~, ..... . Of Counsel
Exhibit G
SUMMARY SI:rEET
CITY OF VIRGINIA BEACH DEVFJ,OPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
PROJECT NAME: Westminster-Canterbury of HamPton Roads, Inc.
LOCATION: 3100 Shore Drive, Virginia Beach, Virginia, 23451
/wing
DESCRIPTION OFPROJECT: Construction of a new 14-story residentia~ with
with parking garage and extensive renovaLion~ ~o
ex![~ting facilities
AMOUNT OF BOND ISSUE: $ 82,ooo,ooo
PPd'NC[PALS; Episcopal Diocese of Southern Firgi.~i~
Presbytery o~ Eastern Virginia, Fres0yterzan ~aurch
ZONING CLASSIFICATION:
a. Present zoning classification
of the Property
b. Is rezoning proposed?
c. If so, to what zoning
classification?
B-4 ~
Yes No xx
NOTE: THIS DOCUMENT MUST BE ON 8-1/2 x 14 INCH PLAIN BOND PAPER.
CEIYED JUL 0 7 19§E xhbitH'
City of Virgxnxa' ' ] 3cach
DEPARTMENT OF HOUSING AND
NEIGHBORHOOD PRESERVATION
(757) 425-5750
EAX (757) 426~5766
TDD 1757) 426-5794
CODE ENFORCEMENT DIVISION
(757l 427~4421
MUNICIPAL CENTER
BUILDING 18A
2424 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9083
July 06, 1999
Chairman, Virginia Beach Development authority
One Columbus Center, Suite 300
Virginia Beach, VA 23462
FAX# 499-9894
Gary Fentress, Esq.
Office of the City Attorney
Municipal Center
FAX# 563-1167
RE:
Evaluation of Public Benefit
Westminister-Canterbury of Hampton Roads, Inc.
Application DA1440 - VBDA Agenda July 20, 1999
I have reviewed the information provided regarding the above referenced project. In
my opinion, the use of the requested bonds to finance the proposed project (financing
the construction of 163 new units of independent living, expanded wellness center
and related facilities) will provide a public benefit for the following reason:
The applicable state code, Sec 15.2-4901, specifies that authorities are granted
powers regarding "facilities for the residence or care of the aged" and that such
facilities are consistent with the goal of promoting the health and welfare of the
inhabitants of the Commonwealth.
Please let me know if you need anything further regarding this issue.
Si' ely,. FHedrdan';"-"
D~rector
Thank you.
A B C D E F G H
IJ '
76'02'3(
- 23 -
Item V-L2.
RESOLUTION
ITEM # 45322
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED:
Resolution of endorsement to the Governor and General Assemblyfor the
transportation projects contained in the Metropolitan Planning
Organization (MPO)'s 2020 Transportation Plan, as set forth in the
Hampton Roads Planning District Commission (HRPDC)'s briefing
package dated 7 July 1999, entitled, "Regional Priority Setting - The
Future of Transportation in Hampton Roads"; and, requesting the
Governor and General Assembly find appropriate sources o f funding for
said projects.
Voting: 8-2
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf
Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and A. M. "Don" Weeks
Council Members Absent:
Louis R. Jones
August 10, 1999
Requested by Councilman Louis R. Jones
1
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5
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8
9
10
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12
13
14
15
16
17
18
19
20
21
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23
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37
A RESOLUTION ENDORSING TO THE GENERAL
ASSEMBLY AND THE GOVERNOR THE TRANSPORTATION
PROJECTS CONTAINED IN THE METROPOLITAN
PLANNING ORGANIZATION'S 2020 TRANSPORTATION
PLAN, AS SET FORTH IN THE HAMPTON ROADS
PLANNING DISTRICT COMMISSION'S BRIEFING
PACKAGE DATED JULY 7, 1999 AND ENTITLED,
~REGIONAL PRIORITY SETTING - THE FUTURE OF
TRANSPORTATION IN HAMPTON ROADS" AND
REQUESTING THE GENERAL ASSEMBLY AND GOVERNOR
TO FIND APPROPRIATE SOURCES OF FUNDING FOR
SUCH PROJECTS
WHEREAS, the timely movement of people, goods, and services
is vital to the economy of Virginia; and
WHEREAS, the movement of people, goods, and services is
facilitated by highways, transit systems, ports, airports, and
other modes of transportation; and
WHEREAS, despite the provision of funding from the federal
government for transportation purposes, the Commonwealth's
transportation program is inadequate to provide future levels of
satisfactory service to our citizens and businesses; and
WHEREAS, the inadequacy of transportation funding is
currently most visible in northern Virginia and Hampton Roads;
and
WHEREAS, the Hampton Roads Planning District Commission
Metropolitan Planning Organization (MPO) is in the process of
preparing the region's 2020 Transportation Plan, as required by
federal regulations, which Plan is required to be fiscally
constrained and in conformity with applicable air quality
standards; and
WHEREAS, the high-priority regional projects identified by
the MPO, which are set forth in the Hampton Roads Planning
District Commission's Briefing Package dated July 7, 1999 and
entitled, ~Regional Priority setting - the Future of
Transportation in Hampton Roads," include the Southeastern
Parkway and Greenbelt, Regional Rail/Transit Improvements,
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40
41
42
43
44
45
46
47
48
49
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54
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Hampton Roads Crossing, Interstate 64 improvements on the
Peninsula, Route 460, and Midtown Tunnel/Pinners Point/Martin
Luther King Freeway Extension; and
WHEREAS, the aforesaid projects are expected to cost a total
of an additional $7.2 billion, with little funding for the
projects; and
WHEREAS, as an integral part of the 2020 plan, a reasonable
funding mechanism must be forwarded by the Metropolitan Planning
Organization or all federal government support for transportation
in Hampton Roads will cease until such time as a plan is
provided; and
WHEREAS, air quality conformity will require that most, if
not all, of the aforesaid major unfunded projects be constructed;
NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council of the City of Virginia Beach hereby
endorses to the General Assembly and to the Governor the
aforesaid transportation projects contained in the Metropolitan
Planning Organization's 2020 Transportation Plan.
BE IT FURTHER RESOLVED BY CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the General Assembly and Governor are hereby requested
to find appropriate sources of funding for such projects so as to
provide air quality conformity and to improve the mobility of
people, goods and services to the end that the region, and the
Commonwealth, will continue to thrive.
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66
67
68
69
Adopted by the City Council of the City of Virginia Beach,
Virginia on the 10th day of August
, 1999.
CA-99-7452
wmm~ordres~transproject2.res
R-2
August 3, 1999
2
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- 24 -
Item V-J. 1.
ORDINANCES
ITEM # 45323
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AMEND Section 2-398 of the City Code, DELETING the
reference to Section 15.1-437 of the Virginia Code; and,
SUBSTITUTING a new reference to Section 15.2-2212 of the Virginia
Code re Planning Commission Members.
Voting:
10-0 (By ConsenO
Council Members Voting .dye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and ~l. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 10, 1999
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AN ORDINANCE TO AMEND SECTION 2-398 OF
THE CITY CODE BY DELETING THE REFERENCE
TO SECTION 15.1-437 OF THE CODE OF
VIRGINIA AND SUBSTITUTING A NEW REFERENCE
TO SECTION 15.2-2212 OF THE CODE OF
VIRGINIA
SECTION AMENDED: § 2-398
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-398 of the City Code is hereby amended and
reordained to read as follows:
Sec. 2-398. Removal of members.
In addition to the grounds for removal from office of any
member of the planning commission set forth in section~.~ ~ =~An7
15.2-2212 of the Code of Virginia, a failure to attend three (3)
consecutive meetings, called or regular, of the planning commission
shall constitute cause for removal.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 10th day of August, 1999.
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CA-7416
DATA/ORDIN/PROPOSED/O2-398.0RD
R3
July 6, 1999
- 25 -
Item V-&2.
ORDINANCES
ITEM # 45324
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to ACCEPT and APPR OPRIA TE $ 2, 259, 871 in Stat e Grants
to the Virginia Beach Public Schools' FY 1999-2000 Operating Budget
re increased funding for previously approved grant awards, local
educational reform efforts and class size reduction; and, increase
estimated revenues accordingly
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 10, 1999
1
2
3
4
5
AN ORDINANCE TO ACCEPT AND APPROPRIATE
GRANTS IN THE AMOUNT OF $2,259,871 FROM THE
COMMONWEALTH OF VIRGINIA TO THE FY 1999-
2000 OPERATING BUDGET OF THE SCHOOL
DIVISION
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WHEREAS, the City Council on May 11, 1999 appropriated $27,440,384 in the FY 1999-
2000 Operating Budget to the School Grants Fund;
WHEREAS, since that date the Virginia Beach School Division has been notified of
$194,597 in funding increases for state grant awards already appropriated in the FY 1999-2000
Operating Budget;
WHEREAS, the Commonwealth of Virginia has awarded new grants to the School
Division from the Virginia School-to-Work Program ($851,862) and the Federal Class Size
Reduction Program ($1,213,412); and
WHEREAS, the School Board has adopted resolutions supporting these grant programs,
obligating the School Division to providing the necessary grant matches within their FY 1999-
2000 Operating Budget, and the School Board has requested that the City appropriate the grant
funds for these programs.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the grants totaling $ 2,259,871 are hereby accepted from the Commonwealth
of Virginia and appropriated to the FY 1999-2000 School Grants Fund for purposes consistent
with the terms of the grants.
2. That estimated revenue from the Commonwealth of Virginia is hereby increased
in the amount of $ 2,259,871.
Adopted by the Council of the City of Virginia Beach, Virginia, on the l0th day of
August, 1999.
Requires an affirmative vote by a majority of the members of City Council.
CA-7454
ORDIN/NONCODE/CLASS REDUCTION GRANT. ORD
AUGUST 4, 1999
R3
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's
Item V=J.3.
- 26-
ORDINANCES
ITEM it 45325
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $611,247 in Section 8
revenue from the U.S. Department of Housing and Urban Development
(HUD) to the Housing and Neighborhood Preservation FY 1999-2000
Operating Budget re continuance of the Section 8 Rental Subsidies
program; and, increase estimated revenues accordingly.
Voting:
10-0 (By Consen0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W.. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 10, 1999
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5
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8
9
AN ORDINANCE TO ACCEPT AND
APPROPRIATE $611,247 IN SECTION 8
REVENUE FROM THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT TO THE
FY 1999-2000 OPERATING BUDGET OF THE
DEPARTMENT OF HOUSING AND
NEIGHBORHOOD PRESERVATION TO
CONTINUE THE SECTION 8 RENTAL
SUBSIDIES PROGRAM
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WHEREAS, the Virginia Beach Department of Housing and
Neighborhood Preservation receives Federal funding through the
Section 8 Rental Assistance Subsidy program administered through
the United States Department of Housing and Urban Development (HUD)
to provide rental assistance to low and moderate income families;
WHEREAS, the original subsidy agreements between HUD and
property owners are expiring, allowing property owners to raise
rents, which could create financial hardships for the residents of
these properties; and
WHEREAS, Congress has authorized special Section 8 rental
assistance funds to address the problem of increasing rents for the
properties.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That $ 611,247 in federal section 8 rental subsidy
revenue is hereby accepted from the U. S. Department of Housing and
Urban Development and appropriated to the FY 1999-2000 Operating
Budget of the Department of Housing and Neighborhood Preservation
for the purpose of continuing rental subsidies to residents of
property with expiring Section 8 Rental Assistance Subsidy Program
agreements.
2. That estimated revenue from the federal government
is hereby increased in the amount of $ 611,247.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 10th day of August , 1999.
Requires an affirmative vote by a majority of the members
of the City Council.
CA-7451
ORDIN~NONCODE~PRINCETON LAKES. ORD
R2
AUGUST 3, 1999
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
U. S. Department of Housing & Urban Development
JUN - g 1999
Virginia State Office
The 3600 Centre, Suite 372
3600 W. Broad Street
Richmond, VA 23230-4920
1-800-842-2610
Mr. Andrew Friedman
Director, Department of
Housing and Neighborhood PreserVation
Princess Anne Park
Municipal Center, Bldg. #18A
Virginia Beach, VA 23456-5766
SUBJECT: Notification of Award for Princeton Lakes Apartments
This letter is to formally noti~ your agency that the City of Virginia Beach has been
awarded Certificates to assist the residents of Princeton Lakes as follows:
Certificates Budget Authority
125 $709,29O
The Annual Contributions Contract (ACC) is being prepared and will be the subject of
separate correspondence. The effective date is August 1, 1999. We appreciate your agreeing to
administer these Opt-Out Certificates so that the residents of Princeton Lakes do not lose their
assistance.
If you have questions or need further assistance, please contact me at 804-278-4500.
Sincerely,
1/ atricia W Anderson
Director
Office of Public Housing
-27-
Item V-J.4.
ORDINANCES
ITEM # 45326
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $83,740from the Federal
Emergency Management Agency (FEMA) to the Fire Department FY
1999-2000 Operating Budget re support of operations of the FEMA
Urban Search and Rescue Team, Virginia Task Force No. 2; and,
increase estimated revenues accordingly..
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 1 O, 1999
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2
3
4
5
6
7
AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT
IN THE AMOUNT OF $83,740 FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA) TO THE FIRE
DEPARTMENT' S FY 1999-00 OPERATING BUDGET TO
SUPPORT THE OPERATIONS OF THE FEMA URBAN
SEARCH AND RESCUE TEAM, VIRGINIA TASK FORCE
NO. 2
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WHEREAS, the Federal Emergency Management Agency (FEMA)
provides annual grants to localities sponsoring Urban Rescue Teams;
WHEREAS, the City of Virginia Beach, as the sponsoring
locality for Virginia Task Force No. 2, an Urban Search and Rescue
Team authorized by FEMA, has been awarded a grant in the amount of
$83,740; and
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WHEREAS, the grant will be used for the maintenance of
equipment, the purchase of additional equipment, and the training
of personnel.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That a grant in the amount of $83,740 is hereby
accepted from the Federal Emergency Management Agency and
appropriated to the Fire Department's FY 1999-00 Operating Budget
for maintenance of equipment, the purchase of additional equipment'~
and the training of personnel for the FEMA Urban Search and Rescue
Team, Virginia Task Force No 2.
2. That estimated revenue from the federal government
is hereby increased in the amount of $83,740.
Adopted the 10th day of Augu~t1999, by the Council of the
City of Virginia Beach, Virginia.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
AttOrney, s ~f~fice
DATA/ORDIN/NONCODE/FEMA GRANT $83,740.0RD
JULY 28, 1998
R1
- 28 -
Item V-J. 5.
ORDINANCES
ITEM # 45327
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinances re compensation for the City Council Appointees:
City Manager 4.5% $143,102. O0
City Attorney 9. 0% 125, 000. O0
City Clerk 4. 5°/3o 65, 046. O0
City Real Estate Assessor 6.17°/6o 80, 000. O0
Voting:
10-0 (By Consen0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba $. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 10, 1999
AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY MANAGER
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WHEREAS, City Council has evaluated the performance of
the City Manager; and
WHEREAS, based upon this evaluation, City Council has
determined that an increase in the City Manager's compensation
would be appropriate.
NOW, THEREFORE, BE IT ORDAINED'BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That effective December 1, 1999, the salary of the City
Manager is hereby increased by four and one-half percent (4.5%)
from $136,939.00 annually to $143,102.00 annually.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 10th day of August , 1999.
CA-7456
ORDIN[NONCODE\COMPENSATION.JKS
AUGUST 5, 1999
R1
APPROVEDASTO
LEGALSUFFICIENCY
1
2
AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY ATTORNEY
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WHEREAS, City Council has evaluated the performance of
the City Attorney; and
WHEREAS, based upon this evaluation, City Council has
determined that an increase in the City Attorney's compensation
would be appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That effective November 1, 1999, the salary of the City
Attorney is hereby increased by nine percent (9%) from $114,662.00
annually to $125,000.00 annually.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 10th day of August , 1999.
CA-7457
ORDIN\NONCODE\COMPENSATION.LLL
AUGUST 5, 1999
Ri
APPROVED AS TO
LEGAL SUFFICIENCY
AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY CLERK
3
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6
7
9
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11
12
13
14
WHEREAS, City Council has evaluated the performance of
the City Clerk; and
WHEREAS, based upon this evaluation, City Council has
determined that an increase in the City Clerk's compensation would
be appropriate.
NOW, THEREFORE, BE IT ORDAINED'BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That effective November 16, 1999, the salary of the City
Clerk is hereby increased by four and one-half percent (4.5%) from
$62,245.00 annually to $65,o046.00 annually.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 10th day of August , 1999.
CA-7459
ORDIN\NONCODE\COMPENSATION.RHS
AUGUST 5, 1999
R1
APPROVED AS TO
LEGAL SUFFICIENCY
1
2
3
AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY REAL ESTATE
ASSESSOR
8
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WHEREAS, City Council has evaluated the performance of
the City Real Estate Assessor; and
WHEREAS, based upon this evaluation, City Council has
determined that an increase in the City Real Estate Assessor's
compensation would be appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That effective March 1, 2000, the salary of the City Real
Estate Assessor is hereby increased by six and seventeen one-
hundredths percent (6.17%) from $75,349.00 annually to $80,000.00
annually.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 10th day of August , 1999.
CA-7458
ORDIN\NONCODE\COMPENSATION.JB
AUGUST 5, 1999
R1
APPROVED TO
LEGAL SUFFICIENCY
- 29-
Item V-J. 6.
ORDIN~CES
ITEM # 45328
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED:
License Refunds - $23,216.26
10-0 (By Consent)
Council Members Voting ./lye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 10, 1999
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
LICENSE DATE BASE INTEREST TOTAL
NAME YEAR PAID
ACE SHEET METAL WORKS INC 07/27/99
APOLLO REALTY INC 07/23/99
BAYNOR ELI L 07/29/99
BOUNDS KEVIN B 07/28/99
BROCKLEY CHARLES L 07/28/99
BURGESS MARVIN F 1999
CARRINGTON VIRGINIA G 1999
CHOICE CUP INC 07/29/99
PROFESSIONAL SALES ESTABLISHMENT LTD 1999
SNELLINGS ANDREW PAUL SR 1999
AUDIT 261.82 30.58 292.40
AUDIT 20.15 3.47 23.62
AUDIT 10.00 1.17 11.17
AUDIT 35.87 0.00 35.87
AUDIT 10.00 0.00 10.00
07/30~99 3.01 0.00 3.01
07/29/99 11.61 0.00 11.61
AUDIT 1,137.06 43.92 1,180.98
07130199 2.83 0.00 2.83
07/27/99 12.91 0.00 12.91
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
City of Virginia Beach on the
$1,584.40
l~th
were
day
~J. Kelr~r~
Commissioner of the Revenue
City Attorney
approved by the Council of the
of A,,S,,.~- ,1999
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE
BASE INTEREST TOTAL
YEAR PAID
ACOUSTIC CEILINGS INC
AHCA REHABILITATION SERVICE INC
ANIMATED INVESTMENTS LC
ASFARI INC
BENDER NANCY
BIONDO MARY M
BLAIR BARBARA A & MICHAEL
BOYER SEAN WESLEY
CENTER OF MUSIC INC
COATER COMPANY INC THE
CONSTRUCTION SYSTEM OF VIRGINIA
COPELAND SEAN MICHAEL
GAY CHARLES M
GUINN DANIEL H SR
HARRISON DARRELL J
HEALTHRIDER ACQUISITION CORP
JUMBOSPORTS INC
M K GARRETT CONSTRUCTION INC
MIKES LAWN SERVICE INC
P B M INC
PERRY BRIAN J
ROSARIO NESSOR L
RAMSEY CHARLES W
RJM ENTERPRISES INC
VICTORIAN CORPORATION
WIDENER CORPORATION THE
YOUNG DAVID E
YOUSUFI & ASSOCIATES INC
07/21/99 AUDIT 50.00 0.00 50.00
07/20/99 AUDIT 2,258.05 263.33 2,521.38
07/19/99 AUDIT 8.93 1.04 9.97
07/14199 AUDIT 1,885.76 106.64 1,992.40
07/21/99 AUDIT 83.14 6.39 89.53
1999 07/14~99 89.15 0.00 89.15
07/22/99 AUDIT 10.00 0.00 10.00
07/14/99 AUDIT 10.00 0.00 10.00
07/21/99 AUDIT 110.55 12.89 123.44
1999 07/06/99 6.37 0.00 6.37
07/16/99 AUDIT 550.00 0.00 550.00
1999 07/19/99 8.33 0.00 8.33
07120/99 AUDIT 50.00 5.83 55.83
07/21/99 AUDIT 50.00 0.00 50.00
1999 07/13/99 6.33 0.00 6.33
07/16~99 AUDIT 243.03 0.00 243.03
07/13~99 AUDIT 11,795.66 294.95 12,090.61
07/21/99 AUDIT 176.00 32.62 208.62
07/13/99 AUDIT 10.00 0.25 10.25
07/14/99 AU DIT 97.10 30.74 127.84
07~22/99 AUDIT 1,546.39 193.22 1,739.61
1999 07~22~99 8.33 0.00 8.33
1999 07/20/99 17.92 0.00 17.92
1999 07123/99 12.26 0.00 12.26
07/14/99 AUDIT 20.00 0.00 20.00
07/14/99 AUDIT 1,327.50 178.54 1,506.04
1999 07/13/99 10.00 0.00 10.00
1999 07/05/99 64.62 0.00 64.62
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
City of Virginia Beach on the
Certified as to pa, ym{;nt:
Philip'3. Kel]am -
Commissioner of the Revenue
Leslie L. Lilley
City Attorney
$21,631.86 were approved by the Council of the
lOth day of A,g,.~t ,19 99
Ruth Hodges Smith
City Clerk
Item V-K.
- 30-
PUBLIC HEARING
ITEM# 45329
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. RONALD AND VIRGINIA WILLIAMS
VARIANCE
2. ROBERT STEINHILBER
VARIANCE
CONDITIONAL USE PERMIT
3. ARGOS PROPERTIES, LLC.
VARIANCE
CONDITIONAL CHANGE OF
ZONING
4. BE CO BUILDING ASSOCIATES,
A VIRGINIA GENERAL PARTNERSHIP
VARIANCE
CONDITIONAL CHANGE OF
ZONING
5. ROCK CHURCH
CONDITIONAL USE PERMIT
6. FATHYA. ABDOU
CONDITIONAL CHANGE OF
ZONING
.4ugust 10, 1999
- 31 -
Item V-K.
PUBLIC HEARING
ITEM # 45330
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPRO VED IN ONE
MOTION, Item 1, 2, 5 and 6 of the PLANNING BY CONSENT AGENDA.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, IlL Margaret L. Eure, William YE. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 1 O, 1999
- 32 -
Item V-K. 1.
PUBLIC HEARING
ITEM # 45331
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED an
Ordinance upon application of RONALD and VIRGINIA WILLIAMS for a Variance to Section 4.4(b) of
the Subdivision Ordinance to allow the creation of one lot that does not meet the required lot width of the
R-40 Residential District.
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Ronald & Virginia
Williams. Property is located on the west side of River Road, 427.56feet
South of North River Road (GPIN #1499-52-7295). DISTRICT 5 -
L YNNHA VEN.
The following conditions shall be required:
1. All conditions of the Chesapeake Bay Preservation Ordinance
Board action are applicable.
2. The final plat shall be submitted to the Development Services
Center for approval and recordation.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William ~ Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 1 O, 1999
Item V-K.2.
- 33 -
PUBLIC HEARING
ITEM # 45332
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED a
Variance to Section 4. l (m)(1) of the Subdivision Ordinance which requires a minimum 30-foot pavement
width for the proposed cul-de-sac and Ordinance upon application of ROBERT STEINHILBER for a
Conditional Use Permit:
Appeal to Decisions of Administrative Officers in regard to
certain elements of the Subdivision Ordinance, Subdivision for
Robert Steinhilber. Property is located on the east side of
Blackwater Road north of the intersection with Indian Creek
Road. Parcel is located at 5924 Blackwater Road. PRINCESS
ANNE- DISTRICT 7
AND,
ORDINANCE UPON APPLICATION OF ROBERT STE1NHILBER FOR
A CONDITIONAL USE PERMIT R08992290
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Robert Steinhilber for a Conditional Use
Permit for an alternative residential development on the east side of
Blackwater Road, north of the intersection with Indian Creek Road. Said
parcel is located at 5924 Blackwater Road and contains 82.202 acres more
or less. PRINCESS ANNE-DISTRICT 7.
The following conditions shah be required:
No more than two (2) access points shah be permitted onto
Blackwater Road. These shah include one (1) entrance for the
Shirley homesite and one (1)for the cul-de-sac which will serve
the remaining six (6) lots.
A suitable legal instrument restricting the development of the
property to no more than six residential lots shah be submitted
with the final subdivision plat, and shah be recorded in the
Clerk's oJfice of the Circuit Court. The content and form of such
instrument shah be acceptable to the City Attorney. (A
subdivision creating the Shirley homesite, constituting the
seventh lot, was previously recorded.)
3. AH area below the four (4)-foot contour shah be gifted to the
Nature Conservancy, as volunteered by the applicant.
A fifty (50)-foot buffer, as described in the Comprehensive Plan,
shall be installed along all residential property lines where they
abut an active agricultural operation. The required buffers shall
be planted prior to occupancy of the residential lots.
5. The drainage ditch along Blackwater Road shah be moved East
at least ten feet (10').
6.
The subdivision shah adhere to the revised plan entitled,
"Subdivision Plan of Shirley Property - Blackwater Road -
Shirley Property, "by Mel Smith and Associates and revised 23
July 1999.
August 10, 1999
Item V-K.2.
PUBLIC HEARING
PLANNING
- 34-
ITEM # 45552 (Continued)
This Ordinance shall be effective in accordance with Section 107 (f) o. f the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of August, Nineteen Hundred
and Ninety-Nine
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndor~, Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 10, 1999
May14,1999
HONORABLE MEYER E. OBERNDORF
MEMBERS OF CITY COUNCIL
Enclosed are concerns I shared at the May 12 Planning Commission regarding the Shirley
Conditional Use Permit application for six (6) new residential lots, instead of the one they would
have by right. This item comes to Council on June 8.
The applicant's attorney made much of eight (8) farmette parcels to the north. Eight (8)
Humphreys heirs split their inherited farm years ago, long before the "2500" plan, which does
not allow such subdivision.
Unfortunately, staff and some commissioners agreed that the application therefore,
conforms to the "rural character" of the neighborhood.
Obviously, I hope Council does not encourage increasing suburban sprawl by use of the
alternative residential development CUP process.
The ARP is a voluntary program, but that doesn't mean Council should allow roughly
doubling lot densities as an alternative. While it enriches the landowners, it has no public benefit
to the neighborhood nor to the Virginia Beach taxpayers.
JAB/bp
Enclosure
¢C;
Sincerely,
James K. Spore, City Manager
Les Lilley, City Attorney
Robert Scott, Director, Department of Planning
Louis Cullipher, Director, Department of Agriculture
Planning Commissioners (w/o enclosures)
JOHN BAUM'S CONCERNS -SHIRLEY APPLICATION - 5/12/99
First major attempt to greatly increase rural residential units by using Conditional Use
Permits for alternative residential development.
ao
Council's policy to slow or stop suburban sprawl will be tested.
The first two applications will set legal precedents - if approved, how can you deny
future similar requests?
COMPREHENSIVE PLAN'S RURAL PRESERVATION PLAN:
Five (5) objectives - preserving agriculture and rural character.
Supports ARP
Twelve (12) Rural Residential Guidelines - including minimum lot size and
maximum farmland, open space preservation.
Shirley application meets almost no objectives nor guidelines.
Agricultural and Residential Uses Incompatible: Many new residents have
suburban mindsets - want more services and regulations - don't understand
farmer's unscheduled vulnerability due to weather, economics, etc.
ARP was not anticipated when the 2,500 (maximum lots) plan was adopted.
EFFECTS OF INCREASING NUMBER OF LOTS:
Residential lots don't pay for themselves in the City - especially true for rural lots.
City services cost more because of distance - buses, garbage, city inspectors, etc.
This request approximately doubles the owner's property value.
Attached Map and Numbers.(~',~,e. T~ q [~ ~t//'c k e~. ~
STAFF COMMENTS:
Co
Highway only 1/4 of capacity - doesn't allow for speeding citizens (including
North Carolina residents) (See May 7 V.P. editorial) commuting 20 to 35 miles -
one way - also slow moving farm equipment on roads with narrow shoulders.
Rural Character - farmettes may appear rural to someone with no agricultural
experience, but they are really just low density residential lotsl
Agricultural usage is an important natural resource that disappears forever with
houses.
CONCLUSION:
Are increased land values to owners more important than having little public
benefits?
Will City Council open up more sprawl where city services are more expensive?
How can the City grant any less than the same benefits to future applicants?
: U l'l':'\ll I L,I
Blackwater Properties
r- I' ~
/
,)
(32
cu'g
- 35-
Item V-K.3.
PUBLIC HEARING
ITEM # 45333
PLANNING
Attorney Tasos A. Galiotos, represented the applicant and displayed the site plan of the proposed Foxfire
Square Shopping Center (Food Lion)
Bernard J. Byrne, 2728 Esplanade Court, Phone: 430-0571, represented the Foxfire Civic League and
spoke in OPPOSITION
A MOTIONwas made by CouncilLady Eure, seconded by Councilman Weeks to DEFER INDEFINITELY
Applications of ARGOS PROPERTIES, LLC. for a Variance to Section 5B of the Site Plan Ordinance,
Floodplain Regulations and Ordinance for a Conditional Change of Zoning.
Voting:
5-5 (MOTION LOST TO A TIE VOTE)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, Harold Heischober, Reba S.
McClanan and A. M. "Don" Weeks
Council Members Voting Nay:
William W. Harrison, Jr., Barbara M. Henley, Mayor Meyera E.
Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
Louis R. Jones
August 10, 1999
- 36-
Item V-K. 3.
PUBLIC HEARING
ITEM # 45333 (Continued)
PLANNING
Upon motion by Council Lady Henley, seconded by Vice Mayor Sessoms, City Council DENIED
Applications of ARGOS PROPERTIES, LLC. for a Variance to Section 5B of the Site Plan Ordinance,
Floodplain Regulations and Ordinance for a Conditional Change of Zoning:
Application of Argos Properties, L.L.C., for a Variance to Section 5B of the
Site Plan Ordinance, Floodplain Regulations, on certain property located
at the southwest corner of Princess Anne Road and Seaboard Road.
PRINCESS ANNE - DISTRICT 7
AND,
ORDINANCE UPON APPLICATION OF ARGOS PROPERTIES, L.L.C.,
FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FR OM A G- 2
AND B-2 TO CONDITIONAL B-2
Ordinance upon application of Argos Properties, L.L.C., for a Change of
Zoning District Classification from AG-2 Agricultural District and B-2
Community Business District to Conditional B-2 Community Business
District on certain property located at the southwest corner of Princess
Anne Road and Seaboard Road. The proposed zoning classification change
to Conditional B-2 is for commercial retail land use. The Comprehensive
Plan designates this site as being in the Transition Area. The Transition
area use of this parcel is planned for appropriate growth opportunities,
consistent with the economic vitality policies of Virginia Beach. Said parcel
contains 8.84 acres. DISTRICT 7- PRINCESS ANNE.
Voting: 7-3
Council Members Voting Aye:
William W. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Cotmcil Members Voting Nay:
Linwood O. Branch, III, Margaret L. Eure and HaroM Heischober
Council Members Absent:
Louis R. Jones
August 10, 1999
-37-
Item V-K. 4.
PUBLIC HEARING
ITEM# 45334
PLANNING
Attorney R. E. Bourdon, Pembroke One, Phone: 499-8971, represented the applicant, and displayed the site
plan for "Princess Anne Woods ".
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED
Ordinances upon application of BECO BUILDING ASSOCL4 TES, a Virginia General Partnership, for
a Variance to Section 4.4(b)(1) of the Subdivision Ordinance which requires that all lots meet lot width
requirements re four (4) non-compliance lots in a proposed subdivision of 128 single-family residential lots.
and Conditional Change of Zoning:
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Beco Building
Associates, a Virginia General Partnership. Property is located bn the
north side of Princess Anne Road, beginning at a point 800feet more or
less west of Seaboard Road. PRINCESS ANNE - DISTRICT 7
AND,
ORDINANCE UPON APPLICA TION OF BECO BUILDING ASSOCIATES,
A VIRGINIA GENERAL PARTNERSHIP, FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 AND R-20 to
CONDITIONAL R-10 Z0899 1141
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Beco Building Associates, a Virginia
General Partnership, for a Change of Zoning District Classification from
AG-1 and AG-2 Agricultural Districts and R-20 Residential District to
Conditional R-10 Residential District on certain property located on the
north side of Princess Anne Road beginning at a point 800feet more or less
west of Seaboard Road. The proposed zoning classification change to
Conditional R-10 is for single family residential land use on lots no less
than 10, 000 square feet. The Comprehensive Plan recommends use of this
parcel for suburban residential~low density at densities that are compatible
with single-family use in accordance with other Plan polices. Said property
contains 101.5 acres. PRINCESS ANNE- DISTRICT 7.
The following conditions shall be required:
Proffer #1 was amended to clarify that the maximum number of
units will be 128. The detailed engineering and surveying of the
project has not been completed.
Proffer #5 was amended to require split rail fencing on both
sides of the walking paths that provide access to the Open Space
areas.
Proffer #6 has been amended to provide a reservation ora 50-
foot public right-of-way onto Seaboard Road for a second
entrance to the subdivision, aligned with Smokehouse Road. If
Seaboard Road is eventually improved to Ferrell Parkway, this
connection will greatly improve access to the proposed
subdivision. The terms of the reservation agreement, however,
have not been specified. The City should not be required to
purchase or improve this entrance as the need is generated by
the proposed subdivision. The application should be deferred
and Proffer g6 revised to state that the entrance will be dedicated
and improved by the applicant.
4. Other proffers shall remain as stated in the Planning
Commission verbatim.
August 10, 1999
Item V-K.4.
- 38-
PUBLIC HEARING
ITEM # 45334 (Continued)
PLANNING
This Ordinance shall be effective in accordance with Section 107 (]) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of August, Nineteen Hundred
and Ninety-Nine
Voting: 7-3
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
HaroM Heischober,, Reba S. McClanan, Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
Barbara M. Henley, Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
Louis R. Jones
August 10, 1999
F'ORM NO, ~.S.
City of Virginia Bcach
ItqTER-OFI:ICE CORRESPONdEr, ICE
In Reply Refer To Our File No. DF-99-4686
DATE: August 4, 1999
TO:
FROM:
Leslie L. Lilley
William M. Macali ~
Conditional Zoning Application
Beco Building Associates, et als
DEPT: City Attorney
DEPT: City Attorney
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on August 10, 1999. I have reviewed the subject conditional Zoning agreement,
dated April 29, 1999, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM
Enclosure
PREPARED BY:
,'KES. CARNES, BOURDON
& AHERN, P.C.
AI-I'ORNEYS AT LAW
BECO BUILDING ASSOCIATES, a Virginia General Partnership
LARRY MARSHALL and JENNIFER MARSHALL, husband and wife
FLOYD W. OWENS, FRANK OWENS and MICHAEL J. McDERMOTT
MARVA CASON MITCHELL
JOHN H. COSTON and GLORIA F. COSTON, husband and wife
MARY L. HUNT, widow
PATRICIA V. BARNES
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corpqration of the Commonwealth of Virginia
THIS AGREEMENT, made this 29t~ day of April, 1998, by and between BECO BUILDING
ASSOCIATES, a Virginia general partnership, GRANTOR, party of the first part; LARRY
MARSHALL and JENNIFER MARSHALL, husband and wife, GRANTORS, parties of the second
part; FLOYD W. OWENS, FRANK OWENS, and MICHAEL J. McDERMOTT, GRANTORS,
parties of the third part; MARVA CASON MITCHELL, GRANTOR, party of the fourth part; JOHN
H. COSTON and GLORIA F. COSTON, husband and wife, GRANTORS, parties of the fifth part;
MARY L. HUNT, widow, GRANTOR, party of the sixth part; PATRICIA V. BARNES, GRANTOR,
party of the seventh part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, GRANTEE, party of the eighth part.
W!TEE_S SET. H:
WHEREAS, the party of the second part is the owner of a certain parcel of property located in
the Princess Anne District of the City of Virginia Beach, containing approximately 3.225 acres and
described as "Parcel One" in .Exhibit "A" attached hereto and incorporated herein by this reference.
Said parcel along with the other parcels herein described are hereinafter collectively referred to as the
"Property"; and
WHEREAS, the parties of the third part are the owners ora certain parcel of property located in
the Princess Anne District of the City of Virginia Beach, containing approximately 24 acres and
described as "Parcel Two" in Exhibit "A" attached hereto and incorporated herein by this reference.
Said parcel along with the other parcels herein described are hereinafter collectively referred to as the
"Property"; and
WHEREAS, the party of the fourth part is the owner of a certain parcel of property located in
the Princess Anne District of the City of Virginia Beach, containing approximately 1 acre and
described as "Parcel Three" in Exhibit "A" attached hereto and incorporated herein by this reference.
Said parcel along with the other parcels herein described are hereinafter collectively referred to as the
"Property"; and
-1-
PREPARED BY:
YKES, CARNES, BOURDON
& AHERN, PC.
A'r'FORNEYS AT LAW
WHEREAS, the parties of the fifth part are the owners of three (3) certain contiguous parcels of
property located in the Princess Anne District of the City of Virginia Beach, containing approximately
19.94 acres, 1.94 acres and 1.85 acres respectively and described as "Parcel Four", "Parcel Five" and
"Parcel Six" in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels
along with the other parcels herein described are hereinafter collectively referred to as the "Property";
and
WHEREAS, the party of the sixth part is the owner ora certain parcel of property located in the
Princess Anne District of the City of Virginia Beach, containing approximately 53.7 acres and
described as "Parcel Seven" in Exhibit "A" attached hereto and incorporated herein by this reference.
Said parcel along with the other parcels herein described are hereinafter collectively referred to as the
"Property"; and
WHEREAS, the party of the seventh part is the owner of a certain parcel of property located in
the Princess Anne District of the City of Virginia Beach, containing approximately 0.79 acres and
described as "Parcel Eight" in Exhibit "A" attached hereto and incorporated herein by this reference.
Said parcel along with the other parcels herein described are hereinafter collectively referred to as the
"Property"; and
WHEREAS, the party of first part being the contract purchaser of the eight (8) parcels
described herein containing a total of approximately 101.5 acres which are hereinafter collectively
referred to as the "Property", has initiated a conditional amendment to the Zoning Map of the City of
Virginia Beach, Virginia, that petition addressed to the GRANTEE so as to change the Zoning
Classifications of the subject properties from AG-l, AG-2 and R-20 to R-10 Residential District; and
WHEREAS, the GRANTEE'S policy is to provide orily for the orderly development of land for
various purposes through zoning and other land development legislation; and
WHEREAS, the GRANTORS acknowledge that the competing and sometimes incompatible
uses conflict and that in order to permit differing uses on and in the area of the Property and at the same
time to recognize the effects of change, and the need for various types of uses, certain reasonable
conditions governing the use of the Property for the protection of the community that are not generally
applicable to land similarly zoned are needed to cope with the situation to which the GRANTORS'
rezoning application gives rise; and
WHEREAS, the GRANTORS have voluntarily proffered, in writing, in advance of and prior to
the public hearing before the GRANTEE, as a part of the proposed amendment to the Zoning Map, in
addition to the regulations provided for the R-10 Zoning District and the Open Space Promotion option
by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical
-2-
PREPARED BY:
YKES, CARNES, BOURDON
& AHERN. FC.
ATTORNEYS ATLAW
development, operation, and use of the Property to be adopted as a part of said amendment to the
Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and
the need for which is generated by the rezoning.
NOW, THEREFORE, the GRANTORS, for themselves, their successors, personal
representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the GRANTEE or its governing body .and without any element of
compulsion or ,quid pro ouo for zoning, rezoning, site plan, building permit, or subdivision approval,
hereby make the following declaration of conditions and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and hereby covenant and agree that this
declaration shall constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the GRANTORS, their successors,
personal representatives, assigns, grantee, and other successors in interest or title and which will not be
required of the GRANTORS until the Property is developed:
1. When the Property is developed, it shall be developed as a single family residential
community of no more than one hundred twenty-eight (128) building lots substantially in conformance
with the Exhibit entitled "PRINCESS ANNE WOODS" for "BECO CONSTRUCTION, INC." revised
July 15, 1999", prepared by I. IRS Greiner Woodward Clyde, which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Department of Planning ("Subdivision
Plan").
2. When the Property is developed and prior to receiving subdivision approval, the party
of the first part shall dedicate or cause to be dedicated to the GRANTEE 1034 square feet of offsite
public right-of-way on the east side of Seaboard Road substantially as shown on the exhibit entitled
"OFF SITE RIGHT OF WAY DEDICATION, SEABOARD ROAD" for Beco Building Associates,
prepared by URS Greiner Woodward Clyde, which has been exhibited to the Virginia_Beach City
Council and is on file with the Virginia Beach Department of Planning.
3. When the Property is developed, the party of the first part shall make those off-site road
improvements to Seaboard Road, within the public right-of-way from Princess Anne Road to the
community entrance, as specified by the GRANTEE and shall create a landscaped "Entrance Feature"
substantially in accordance with the plan entitled "CONCEPTUAL ENTRANCE TREATMENT"
prepared for BECO CONSTRUCTION INC., which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning.
4. When the Property is subdivided, it shall be subject to a recorded Declaration of
Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a
-3-
PREPARED BY:
fKES. CARNES. BOUROON
& AHERN.~C.
AI'rORNEYSATLAW
Homeowners Association. The five foot (5') landscape easements depicted on the Subdivision Plan
adjacent to both sides of all public right-of-way within the community and along the rear property lines
of those lots adjacent to Seaboard Road shall be dedicated to and maintained by the Homeowners
Association. The landscape easements adjacent to all public right-of-way within the community shall
be planted with the same species of street trees which are planted within the public right-of-way. The
landscape easement adjacent to Seaboard Road shall consist of Category VI landscape screening as
described in the Landscaping, Screening and Buffering Specifications and Standards promulgated by
the Department of Planning as currently adopted by the Virginia Beach City Council.
5. When the Property is developed, the party of the first part shall install sidewalks within
the public right-of-way on both sides of all roads excluding cul-de-sacs, as depicted on the Subdivision
Plan. The party of the first part shall construct split rail fencing on both sides of each of the walking
paths designated "10' Open Space Access" on the Subdivision Plan.
6. When the Property is subdivided, the "Recreational Area" and adjacent "Passive Open
Space Area", containing approximately 53.8 acres of land, as depicted on the Subdivision Plan shall be
dedicated to the GRANTEE and a Reservation Agreement shall be tendered to the GRANTEE on that
area at the northeast corner of the Property designated "50' R/W Reservation".
7. All homes constructed on the lots depicted on the Subdivision Plan shall have an
exterior front surface of brick and all front yards and side yards adjacent to a public street shall be
sodded.
8. When the Property is developed, the party of the first part shall develop a lake
approximately three (3) acres in size as depicted on the Subdivision Plan as a stormwater management
facility. The lake shall incorporate the design features recommended in Section 8(n) of the Southern
Watersheds Management Ordinance, including an emergent wetlands bench, winding shoreli.nes,
forebay areas and dedicated access.
9. Further conditions may be required by the GRANTEE during detailed Subdivision
Plan review and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the GRANTORS and allowed and accepted by
the GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force and
effect until a subsequent amendment changes the zoning of the Property and specifically repeals such
conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance
even if the subsequent amendment is part of a comprehensive implementation of a new or substantially
revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed,
-4-
PREPARED
YKES, CARNES, BOURDON
& AHERN, PC.
ATTORNEYS AT LAW
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by the GRANTEE in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body
of the GRANTEE, after a public hearing before the GRANTEE which was advertised pursuant to the
provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if
not so recorded, said instrument shall be void.
The GRANTORS covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with
all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to
administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in
writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit
to insUre compliance with such conditions, including mandatory or prohibitory injunction, abatement,
damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, the GRANTORS shall petition the governing body for the review thereof prior to instituting
proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the oidinances and the conditions may be made
readily available and accessible for public inspection in the office of the Zoning Administrator and in
the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, and indexed in the names of the GRANTORS and the GRANTEE.
-5-
PREPARED BY:
SYKES, CARNES, BOURDON
& AHERN, EC.
ATrORNEYS ATLAW
WITNESS the following signatures and seals:
GRANTORS:
BECO BUILDING ASSOCIATES,
a Virginia general partnership
By BECO CONSTRUCTION, INC.,
a Virginia corporation
l~urt {~[lt~right[ PreSident
(SEAL)
My Commission Expires: IJ: /ol
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this ~ day of ~/~' ,
1998, by Burr Cutright, President of Beco Construction, Inc., a Virginia corporation, a ~e.aeral
partner of Beco Building Associates, a Virginia general partnership, Grantor.
-6-
PREPARED BY:
YKES, CARNES, BOURDON
& AHERN, P.C.
A'I'rORNEYS AT LAW
GKANTORS:
Jek,~'d~iarsh;a~' u - - -~
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this [Q//J)day of February, 1999, by
Larry Marshall and Jennifer Marshall, husband and wife, Grantors.
My Commission Expires:
-7-
PREPARED BY:
~YKES, CARNES, BOURDON
& AHERN, EC.
ATI'ORNEYSATLAW
GRANTORS:
Floyd W. Owens
Frank Owens
Michael J. McDermott
My Commission Expires: /[/~/0'
CITY/COUNTY dl~' ~b~.~/~ ~ I_, to-wit:
The foregoing instrument was acknowledged before me this ~ 'f~ day of
1998, by Floyd W. Owens, Grantor.
Notary Public ~. j
CITY/COUNTY OP,! - (~[l~t~7 ~f}D'~..l,.to_wit:
The foregoing instrument was acknowledged before me this
1998, by Frank Owens, Grantor. '
My Commission Expires: tl/~9/0 t
Notary Public
-8-
PREPARED
SYKES. CARNES. BOUROON
& AHERN. PC.
ATI'ORNEYSATLAW
STATE OF ~_./qC3~h'~t,.,.Tdl
CITY/COUNTY OF ,~'m.{ ff")3~-f,C..) , to-wit:
The foregoing instrument was acknowledged before me this
1998, by Michael J. McDermott, Grantor.
__ day of O'-O,'4r'-7',
My Commission Expkes: tv, aa.~d
PAUL A. PATE
COMM.#1052571 C3
NOTARY PUBUC-CAUFORNIA {/3
SAN DIEGO COUN3~ ~
MY COMMISSION EXPIRES "~
MARCH 1, 1999 t
-9-
PREPARED B~
SYKES, CARNES, BOURDON
& AHERN. RC.
ATTORNEYS ATLAW
GRANTOR:
(SEAL)
Mm'va Cason Mitchell
STATE OF VIRGINIA
CITY OF VIRG~ BEACH, to-wit:
The foregoing instrument was acknowledged before me this
1998, by Matra Cason Mitchell, Grantor.
My Commission Expires: I [/;~)0/01
Notary Public
-10-
State of ~__.//~/....J~
County of ,'~,.~/~ ~..~'~__.."'(..~
On OU~E J.C, ~., before me, PA~(... ~- P/~F'~, /'Jo~"~,'~.( ~C~C
IDATE) ~ INAME~ITLE OF OFFICEfl-i.e.'J~E DOE, NOTARY PUBLIC')
personally appeared ~Cfl~% ~ . ~e~~
(NAMEiS) OF SIGNERIS}I
[] personally known to me -OR-
[roved to me on the
asis of satisfactory
evidence to be the
irson(,~Lwhose name(,~,
_a~ ,~ubscribed to the
tmon instrument and
,3.c_knowledged to me that
~e"~sh~-the y- e x~e c. u t e d the
"s~me in ¢i'~
aut.ho, rized c .'~a_city (i.e~,
ann that by ~r
.signatureJ~ ~ the
~nstrumentthe person~r),
or the entity upon beE~lf
of which the personh[)
.acted, executed the
Instrument.
(SEAL)
seal.
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE
MUST BE A]-I'ACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
T~tb or Type of Document
Number ol Pages ~ Data of Document
Signer{s) Other 'l~an Named Above
CAPACITY CLAIMED BY SIGNERIS)
F~INDIVIDUALIS)
~CORPORATE
OFFICERIS)
(TITL£S)
i-]PARTNER(S) r']LIMITED
r~GENERAL
r-IATTORNEy IN FACT
I~TRUSTEE(Sl
I"1 G UA RDIAN/CONSERVATOR
I-tOTHER:
SIGNER IS REPRESENTING:
(Name of Per.onls! or Entitylies)
CAPACITY CLAIMED BY SIONERIS)
I-IINDIVIDUALISl
DCORPORATE
OFFICER(S)
4TITL£S)
i'-JPARTNERIS) ~LIMITED
Q-]GENERAL
FIATrORNEY IN FACT
DTRUSTEEIS)
I-IG UA RDIA NICONSERVATOR'
E]OTHER:
SIGNER IS REPRESENTING:
(Name of Person(s) or Entityiiea)
WOLCOTTS FORM 83239 Rev. 3-94 (a,cl c1.$ 8-2Al ~)1994 WOLCOTTS FORMS, INC.
ALL PURPOSE ACKNOWLEDGMENT ~IAflTH SIGNER CAPACITY/REPRESENTATION
PREPARED BY:
SYKES. CARNES. BOURDON
& AHERN, EC.
A'F'FORNEYSATLAW
GRANTORS:
John H. Coston
Gloria F. ~osto~-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this '~
1998, by John H. Coston and Gloria F. Coston, husband and wife, Grantors.
day of ..
Notary Public (_,)
-11 -
PREPARED BY:
SYKES. CARNES, BOURDON
& AHERN,~C.
A'CrORNEYSATLAW
GRANTOR:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this o~q~?)~''~ day of ~
1998, by Mary L. Hunt, widow, Grantor. ?
Notary Public
My Commission Expires:
PROFI. ERS
BF..COl
-12-
PREPARED BY:
:YKES, CARNES, 6OURDON
& AHERN, RC.
ATTORNEYS AT LAW
GRANTOR:
Patricia V. Barnes
(SEAL)
My Commission Expires: ~t//~~~/
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this,..Sv,~'//d~ay of February, 1999, by
Patficia V. Barnes, Grantor.
PROFFER~
BECOI
- 13 -
PREPARED BY:
:YKES. CARNES. BOURDON
&AHERN. EC.
ATTORNEYS ATLAW
EXRIRIT "A"
PARCEL ONE:
ALL THAT certain tract, piece or parcel of land, situate, lying and being near Doziers Bridges,
in the Princess Anne Borough of the City of Virginia Beach, containing 3.225 acres more or
less, being a portion of that property depicted on that certain plat entitled, "Survey of Property
of Larry Marshall, et ux, D.B. 3670, P. 1988", which plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map Book 259, at Page 96, said tract
being bounded and described as follows:
Beginning at the pin marking the Southeast corner of the tract as shown on the Plat, thence
north 52° 39' 59" west, 256.42 feet to a pin; thence north 24° 24' 19" east, 545.84 feet to a
point along the western boundary of the property; thence south 70° 04' 00" east, 220.38 feet to
a point along the eastern boundary of the property; thence south 19° 56' 00" west, 422.85 feet
to a pin; thence south 25° 11' 54" west, 198.85 feet to the pin at the point of beginning.
GPIN: 2404-54-0371
PARCEL TWO:
ALL THAT certain tract, piece and parcel of land, with the improvements thereon and the
appurtenances thereunto belonging, situate, lying and being in Seaboard Magisterial District,
Princess Anne County, Virginia, fronting on the road leading from Princess Anne courthouse to
Nimmo at Doziers Bridges, consisting in part of the home tract of Charles Woodhouse, and
being all of the remainder of said tract, more particular bounded and described as follows:
BEGINNING at a point in the center of Doziers Bridges Swamp at the edge of the right of way
of the aforesaid road, and from said point running along' the center of said swamp in a Northerly
direction to the line of the property now or formerly of Cason, which is more particularly shown
on a certain plat in Map Book 3, Page 159, in the Clerk's Office of said County, in an Easterly
direction to the line of the property of Frank and Maude Owens; thence turning and running
along the line of the property of said Owens in a Southerly direction to the line of the property
of Braithwaite; thence along the line of the property of Braithwaite in a Westerly direction to
the line of the property of Reid; thence continuing Westerly along the line of the property of
Reid to the line of the property of Bernard Owens; thence continuing Westerly along the line of
the property of Owens to its extreme Western line; thence Southerly along the line of the
property of Bernard Owens to the edge of the right of way of the Public Road to the beginning.
Said tract of land containing 24 acres, more or less, but is conveyed in gross and not by the acre.
LESS AND EXCEPT that certain piece or parcel of land containing 1125 square feet (0.026 ac.) as
depicted on that certain plat recorded in the Office of the Clerk of the Circuit Court of the City of
Virginia Beach, Virginia, in M.B. 245, at page 32, which parcel of land was conveyed to the City of
- 14-
PREPARED BY:
iYKES, CARNES, BOURDON
& AHERN. PC.
ATTORNEYS AT LAW
Virginia Beach, Virginia, by deed recorded in the afore referenced Clerk's Office in Deed Book 3596,
at Page 1579.
GPIN: 2404--44-4437
PARCEL THREE:
All that certain piece or parcel of land situate and lying in the Seaboard Magisterial District, Princess
Ann County (now the City of' XCu'ginia Beach), Virginia, containing One Acre of land 105 Feet in
width (north to south) and running back (westerly) between parallel lines 420 Feet, together with a
right-of-way thirty (30) feet in width running from said One Acre parcel to Brown Town Road (now
Seaboard Road).
GPIN: 2404-44-4821
PARCELS FOUR, FIVE AND SIX:
Those three (3) pieces or parcels of land designated by the Real Estate Assessor's Office of the City
of Virginia Beach, Virginia as GPIN #2404-35-9083; GPIN #2404-45-9460; and, GPIN #2404-55-
3315; which properties are more particularly described as:
AH that certain lot, piece or parcel of land lying, situate and being in the City of Virginia Beach,
Vkginia, designated as "Cason's Land, 37 % acres" on an untitled plat of record in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3, at page 159, excepting
so much thereof as was conveyed, as follows:
That one acre parcel of property conveyed to Paul Cason by deed dated July 25, 1947 from George
B. Cason, et als of record in the Clerk's Office aforesaid in Deed Book 246, at page 71, together with
a roadway 30 feet in width running from said one acre parcel to Brown Town Road (said one parcel
being currently designated by the City of Vh'ginia Beach Real Estate Assessor's office as GPIN
#2404-44-4821).
That certain parcel of land conveyed to Eamest Garfield Caffee, Jr. and Lois Henrietta C. Caffee,
husband and wife, from John T. Cason, widower, by deed dated May 26, 1955 of record in Deed'
Book 404, at page 207.
That certain parcel of land conveyed to Emma Brown fi'om John T. Cason, widower, dated August
11, 1966, of record in the Clerk's Office aforesaid in Deed Book 973, at page 360.
That certain parcel of land conveyed to Velma Banton, by deed from John T. Cason, widower, dated
November 20, 1961, of record in the Clerk's Office aforesaid in Deed Book 759, at page 546.
-15-
PREPARED BY:
,YKES. CARNES. BOUROON
& AHERN. P.C.
ATTORNEYS AT LAW
That certain parcel of land conveyed to Harold Cason and Claudia S. Cason, husband and wife, dated
November 22, 1960, of record in the Clerk's Office aforesaid in Deed Book 686, at page 146.
See the deed entitled, "Deed of Correction and Confirmation" dated February 8, 1967 from Ernest
Garfield Caffee, et ux, et als to Emma Brown, et als. of record in the Clerk's Office aforesaid in
Deed Book 1010, at page 536. (Reference also the plat entitled "Plat Showing property Velma
Banton - Ernest Garfield, Jr. & Henrietta Caffee, Harold, Claudia S. Cason - & Emma Brown,
formerly properties of John T. Cason for Correction of Deeds, Princess Anne Borough, Virginia
Beach, Virginia," dated May 1972 prepared by W'flfi-ed P. Large, Certified Land Surveyor of record
in the Clerk's Office aforesaid in Deed Book 1638, at pate 382.)
That parcel of property conveyed to Hanna P. Snowden, by deed fi.om John Thomas Cason,
widower, et als, dated June 13, 1963 of record in the Clerk's Office aforesaid in Deed Book 787, at
page 95. (MB 58, p. 37)
That parcel of property conveyed to Ruth Payne Cason, widow, by deed from John Thomas Cason,
widower, et als, dated September 6, 1961 of record in the Clerk's Office aforesaid in Deed Book
704, at pate 572. 0rIB 80, p. 24)
That parcel of property conveyed to Velma Cason by deed from John Thomas Cason, et als, dated
August 10, 1961 of record in the Clerk's Office aforesaid in Deed Book 705, at page 488 as
corrected by deed from John Thomas Cason, widower, et als to Velma N. Cason, dated December
29, 1961 of record in the Clerk's -Office aforesaid in Deed Book 712, at page 477. An interest in this
parcel was also conveyed to Velma Tyler Cason by deed from Alexander Simmons, dated June 30,
1965 of record in the Clerk's office aforesaid in Deed Book 914, at pate 544.
That parcel of property conveyed to Velma Cason by deed from John Thomas Cason, widower, et
als, dated January 18, 1963 of record in the Clerk's Office aforesaid in Deed Book 766, at page 407.
The interest of Alexander Simmons in this parcel was conveyed to Velma Tyler Cason by deed dated
June 30, 1965 of record in the Clerk's Office aforesaid in Deed Book 914, at page 544.
That one acre parcel of property conveyed to Andrew L. Cason by deed from Anthony Cason and
Rachel Cason, his wife, dated June 23, 1969 of record in the Clerk's Office aforesaid in Deed Book
1117, at page 419. (MB 80, p. 24)
That 3.00 acre parcel of property conveyed to Herbert Cornell Scott by deed from Rosetta Cooper
and Leroy Cooper, her husband, by deed dated July 13, 1979 of record in the Clerk's Office aforesaid
in Deed Book 2466, at page 1879.
Also Less and Except that parcel of property designated by the Real Estate Assessor of Virginia
Beach, VA, as GPIN #2404 448982-0000.
Said parcel being generally described as beginning at the southeastern lot line of the parcel of
property conveyed to the Gilt of Life Church of God by deed recorded in the Clerk's Office aforesaid
in Deed Book 3070, at Page 1197 (GPIN #2404-54-2842) which said lot line intersects with
- 16-
PREPARED BY:
YKES, CARNES, BOURDON
& AHERN, EC.
ATFORNEYSATLAW
Seaboard Road and from said point of' beginning running N 76 degrees 44' 34" W 405' to a point
more or less, thence turning and running N 12 degrees 32' 55" E 328' more or less, to a point thence
turning and running N 83 degrees 34' 30" E 470' more or less to a point, thence turning and running
South 18 degrees 41' W 450' more or less to the point of'beginning.
PARCEL SEVEN:
That piece or parcel of land with the improvements thereon situated in Brown Town in Seaboard
Magisterial District, Princess Anne County, Virginia, bounded by the lands of Willis Brown, William
Cason, Brown Town Road and Doziers Bridge Slew, containing sixty (60) acres, more or less.
GPIN: 2404-45-6766
PARCEL EIGHT:
That certain piece or parcel of land with the improvements thereon and the appurtenances thereunto
belonging, situate, lying and being near Doziers Bridges in the City of Virginia Beach and being
designated as Parcel "B 0.7900 AC." on that certain plat entitled "SUBDMSION OF PROPERTY
OF PATRICIA V. BARNES, VIRGINIA BEACH, VIRGINIA", which plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 260, at Page
41.
GPIN: 2404-53-1995
PROFFERS
BECOI
- 17-
Item V-K. 5.
- 39-
PUBLIC HEARING
ITEM # 45335
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of ROCK CHURCH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ROCK CHURCH FOR A
CONDITIONAL USE PERMIT FOR A CHILD CARE EDUCATION
CENTER INA CHURCH R08992291
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Rock Church for a Conditional Use Permit
for a child care education center in a church at the northeast intersection
of Kempsville Road and Manor Drive. Said parcel is located at 480
Kempsville Road and contains 7. 72 acres. DISTRICT2 - KEMPSVILLE.
The following condition shah be required:
1. A maximum of 125 children are permitted at this daycare facility.
This Ordinance shah be effective in accordance with Section 107 (~0 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth Of August, Nineteen Hundred
and Ninety-Nine
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 1 O, 1999
Item V-K. 6.
- 40-
PUBLIC HEARING
ITEM # 45336
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of FATHY A. ABDOU for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF FATHY A. ABDOU FOR A
CHANGE OF ZONING FROM R- 10 TO CONDITIONAL O- 1 Z08991142
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Fathy A. Abdou for a change of Zoning
District Classification from R-10 Residential District to Conditional 0-1
Office District on certain property located at the northwest corner of
Independence Boulevard and CopperfieM Road (1478-48-9078). The
proposed zoning classification change to Conditional 0-1 is for office use.
The Comprehensive Plan recommends use of this parcel for suburban
residential~low densities that are compatible with single family use in
accordance with other Plan policies. Said parcel contains 1.4949 acres.
BA YSIDE- DISTRICT 4
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded with the
Clerk of Circuit Court.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 10, 1999
FORM NO. P.S. lB
ZI ER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-99-4938
DATE: July 26, 1999
TO:
FROM:
RE:
Leslie L. Lilley
William M. Macali [MIv~
Conditional Zoning Application
Fathy A. Abdou
DEPT: City Attorney
DEPT: City Attorney
The above-referenced conditional zoning application is scheduled to be heard by the City
Council on August 10, 1999. I have reviewed the subject conditional zoning agreement, dated
June 29, 1999, and have determined it to be legally sufficient and in proper legal form. A copy
of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter further.
WMM
Enclosure
THIS AGREEMENT, made this 29'h of June, 1999, by and between FATHY A.
ABDOU (hereinafter referred to as "Grantor"); and the CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
of the Grantor's property from R-10 (Residential) to O-1 (Office) on certain property which
contains a total of 1.494 acres, more or less, located in the Bayside district of the City of
Virginia Beach, Virginia, more particularly described in the attached Exhibit A (hereinafter the
"Property"); and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes, including light office purposes, through zoning and other land
development legislation; and
WHEREAS, Grantor acknowledges that the competing and sometimes incompatible
uses conflict, and that in order to permit differing uses on and in the area of the subject Property
and at the same time to recognize the effects of the change and the need for various types of
uses, including those listed above, certain reasonable conditions governing the use of the
Property for the protection of the community that are not generally applicable to land similarly
zoned O-I are needed to cope with the situation to which the Grantor's rezonin-g application'
gives rise; and
WHEREAS, Grantor has voluntarily proffered in writing in advance of and prior to the
public hearing before Grantee, as part of the proposed conditional amendment to the Zoning
Map, in addition to the regulations provided for in the existing O-1 zoning district by the
existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the
physical development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by Grantor and allowed and
accepted by Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
Prepared by Mays & Valentine, L.L.P.
4425 Corporation Lane, Suite 420
Virginia Beach, VA. 23462
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by Grantee in writing as' evidenced by a certified copy of
ordinance or resolution adopted by the governing body of Grantee, after a public hearing before
Grantee advertised pursuant to the provisions of the Code of Virginia § 15.2-2204, which said
ordinance or resolution shall be recorded along with said instrument as conclusive evidence of
such consent.
NOW THEREFORE, Grantor, for itself, its successors, assigns, grantees, and other
successors in title or interest, voluntarily and without any requirement by or exaction from
Grantee or its .governing body and without any element of compulsion of quid pro quo for
zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property; provided, however' that nothing in this
declaration of conditions and restrictions shall be construed to require Grantor to develop the
Property. Grantor covenants and agrees that these Proffers shall constitute covenants running
with the said Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through Grantor, its heirs, personal representatives, assigns, grantees
and other successors in interest or title, namely:
1. When the Property is developed, it shall be delivered substantially as shown on
the exhibit entitled "INDEPENDENCE BOULEVARD MEDICAL OFFICE, PROPOSED
BUILDING VIRGINIA BEACH, VA., SITE PLAN C 1.1," dated June 21, 1999 and prepared by
Clark Nexson, (hereinafter referred to as the "Site Plan"), which Site Plan has been exhibited to
2
the City Council of the City of Virginia Beach and is on file in the Planning Department of the
City of Virginia Beach.
2. When the Property is developed, it shall be landscaped substantially as shown on
the Exhibit entitled "INDEPENDENCE BOULEVARD MEDICAL OFFICE BUILDING,
PROPOSED BUILDING VIRGINIA BEACH, VA., LANDSCAPING PLAN L 1.1" dated June
21, 1999, prepared by Clark Nexson (hereinafter referred to as the "Landscape Plan"), which
Landscape Plan has been exhibited to the City Council of the City of Virginia Beach and is on
file in the Planning Department of the City of Virginia Beach.
3. When developed, the existing structure on the Property will be demolished and
the new principal structure constructed on the Property will be a one-story brick building
substantially similar to the elevations depicted in the exhibit entitled "INDEPENDENCE
BOULEVARD' MEDICAL OFFICE BUILDING, PROPOSED BUILDING VIRGINIA
BEACH, VA., Al.l," dated June 28, 1999, prepared by Clark Nexson (hereinafter referred to as
the "Rendering"), which Rendering has been exhibited to the City Council of the City of Virginia
Beach and is on file in the Planning Department of the City of Virginia Beach.
4. The setback between the one-story office building and the adjacent homes in Lake
Smith Terrace shall be a minimum of 14 feet and Grantor shall prohibit any vehicular access
within this area and shall otherwise minimize pedestrian access to this area except for
maintenance and secondary exits as required by the fire code.
5. The freestanding sign constructed on the Property shall be a monument style sign
not to exceed a height of eight feet. The base of the sign shall be brick and identical in color to
the brick used for the new principal structure proposed for the Property.
3
6. Further conditions may be required by Grantee during detailed Site Plan and/or
Subdivision review and the administration of applicable City Codes by any City agency and
department to meet all applicable City Code requirements.
7. All references hereinabove to zoning districts and to regulations applicable
thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of
the date the conditional zoning amendment is approved by Grantee.
Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia
Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of
the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, Grantor shall petition the governing body for the review
thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate
symbol on the map the existence of conditions attaching to the zoning of the subject Property on
the map and that the ordinance and the conditions may be made readily available and accessible
for public inspection in the office of the Zoning Administrator and in the Planning Department
and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia and indexed in the name of Grantor and Grantee.
4
WITNESS THE FOLLOWING SIGNATURES AND SEALS.
FATHY A. ABDOU
(SEAL)
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
was acknowledged before me this~S~y of June, 1999, by
The
foregoing
instrument
Fathy A. Abdou.
My Commission Expires: /t~V~/~gg~ /
22624
EXHIBIT A - LEGAL DESCRIPTION
All of that certain lot, piece or parcel of land, with the
buildings and improvements thereon and appurtenances thereunto
belonging, situated in the City of Virginia Beach, Virginia,
which property is a part of that certain property designated
PARCEL "C", in Block B, as shown on that certain plat entitled
"PLAT OF LAKE SMITH TERRACE SECTION FOUR BAYSIDE MAGISTERIAL
DISTRICT PRINCESS ANNE COUNTY VIRGINIA", dated December 4,
1962, made by Frank D. Tarrall, Jr. & Associates, Surveyors &
Engineers, and duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map
Book 57, at page 32, which property is more particularly
described with reference to said Plat as follows:
Beginning at a point in the intersection of the westerly
property line and the southerly property line of the aforesaid
Parcel "C" as shown on said plat, and thence running along the
said westerly property line of Parcel "C", N. 19° 26' 32" E.,
211.40 feet to a point; thence continuing along the said
westerly property line of Parcel "C", N. 17 13' 56" E., 195.29
feet to a point; thence continuing along the said westerly
property line of Parcel "C", N. 11° 17' 39" E., 52.34 feet to a
point; thence turning and running S. 78° 42' 05" E., 141.00
feet to a point in the westerly line of Independence Boulevard
as shown on said plat; thence turning and running in a
southerly direction along the said westerly line of
Independence Boulevard, along an arc of a curve to the right,
the radius of which is 1,524.97 feet, an arc distance of 216.75
feet to a point; thence continuing along the said westerly line
of Independence Boulevard, S. 19° 26' 32" W., 230.63 feet to a
point; thence turning and running along the arc of a curve to
the right, the radius of which is 20.00 feet, an arc distance
of 29.49 feet to a point in the northerly line of Copperfield
Road as shown on said plat; thence running along said northerly
line of Copperfield Road, N. 76° 04' 08" W., 122.49 feet to a
point, which is the point of beginning.
The above-described property is the same property which is
designated Parcel "C" in Block B as shown on the aforesaid
plat, Less that portion of said Parcel "C" which was subdivided
and made a part of that property designated "SITE 'Y'" as shown
on that certain plat entitled "PLAT SHOWING SUBDIVISION OF A
PORTION OF PARCEL 'A', SEC. 1 AND RESUBDIVISION OF PARCEL 'B',
SEC. 1 AND SUBDIVISION OF A PORTION OF PARCEL 'C' SEC. 4 LAKE
SMITH TERRACE BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA", dated
February 18, 1964, made by Frank D. Tarrall, Jr. & Associates,
Surveyors & Engineers, and duly recorded in the aforesaid
Clerk's Office in Map Book 60, at page 38.
Item V-L. 1.
- 41 -
APPOINTMENTS
ITEM # 45337
BY CONSENSUS, City Council RESCHEDULED: the following APPOINTMENTS..
A GRICUL TUR~4L AD VISOR Y COMMISSION
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PARKS AND RECRE~tTION COMMISSION
August 10, 1999
Item V-L.2.
APPOINTMENTS
ITEM # 45338
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
Terry S. Jenkins, Ph.D.
Unexpired thru 03/31/2001
HEALTH SERVICES ADVISORY BOARD
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 10, 1999
Item V-L.3.
- 43 -
APPOINTMENTS
ITEM # 45339
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
Marian H. Harris
Sharon B. Lowe
Janet C. Turkington
03/01/98 - 02/28/2000
plus
03/01/2000 - 02/28/2003
PERSONNEL BOARD
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara 3/1. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 10, 1999
Item V-L.4.
- 44-
APPOINTMENTS
ITEM # 45340
Upon NOMINATION by Vice Mayor Sessoms, City Council:
APPOINTED:
Ruth M. Barco
09/01/99 - 08/31/2002
Ursula Lincoln
Kernpsviile High School
09/01/99- 06/30/2000
REAPPOINTED:
Mary Ludwig Denny
Jeffry A. Sachs
09/01/99 thru 08/31/2002
PUBLIC LIBRARY BOARD
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 10, 1999
- 45-
Item V-L. 5.
APPOINTMENTS
ITEM # 45341
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
~. D. Sessoms, Jr.
A.M. Weeks
Dale R. Castellow, Alternate
No Terms
TRANSPOR TA TION DIS TRICT COMMISSION OF HAMPTON R O/IDS
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
August 10, 1999
- 46-
Item V-O.
ADJOURNMENT
ITEM # 45342
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:23 P.M.
Chief Deputy City Clerk
~MC/A~4~
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
August 10, 1999