HomeMy WebLinkAboutDECEMBER 14, 1999 MINUTES!
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
WAYOR MEYIzRA F OBERYDORF At Large
VI( L MAYOR WILLIAM D SESSOM$ JR At Largt
LINWOOD 0 BRA~,'CH III Dt~trtt t 6 Beat h
~ARGARET1 FURE Dt~lrtt t I (ent~rttll~
WILLIA~I W H4RRISO~' JR Dt~lttt I 5 I vn.ha~en
tt4ROLD tlEI~,('ttOB£R At Large
BARBARA M tlFNLFY Dt~lrUl 7 P~tme~ Anne
L()UI~ R JONE~ Dtslttt 14 Bav~tdt
REBA ~ ~&CI ANA:'~' Dt*trttt ~ Rt,~t itall
.~v'A,V( Y K PARKER Al Large
% 'vt (DON)WFEK~ Dt*trut2 Kempvvtlle
JAMES K SPORE ('ti). Manag~ t
LESLIE L LILLb Y City Attorney
RUTtl HODGI' ti 3~41TH C~ICiAAE City Cletk
CITY COUNCIL AGENDA
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CITY HALL BUILDING I
2aOI ( Ot tRTHOUSE DRIVb
VIRGINIA BI:A('H VIRGINI,I 2 ~4~6 9IX)5
PtIONb (757) 427
bAX (7~7) 426 5669
I: MAIl CTYCNCI~CIFY VIRGINIA B['ACII VA
December 14, 1999
I. CITY COUNCIL PRESENTATION
- Conference Room -
10:30 AM
A.
TIDEWATER COMMUNITY COLLEGE
Dr. E. T. Buchanan, The Provost, Virginia Beach Campus (ts minutes)
Dr. Deborah M. Di Croce, President
II. CITY MANAGER'S BRIEFING
m.
FORT STORY GOLF COURSE
Robert R. Matthias, Assistant to the City Manager (~6 minutes)
III. REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL COMMENTS
V. INFORMAL SESSION
- Conference Room -
11:30 AM
A. CALL TO ORDER- Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber-
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
The Reverend Gretchen Nelson
Beech Grove and Bethel United Methodist 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
1. INFORMAL & FORMAL SESSIONS
December 7, 1999
G. AGENDA FOR FORMAL SESSION
The Consent Agenda will be determined during the Agenda Review Session and constdered tn the
or&nary course of bustness by City Counctl to be enacted by one motion.
H. PUBLIC HEARINGS
1. EXCESS CITY PROPERTY
a. 3.476 acres at 4564 Bonney Road (ROSE HALL - DISTRICT 3)
2. REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION
a. BAYCLIFF CIVIC LEAGUE, INC.
b. BETH SHOLOM SANDS
C. MAKE-A-WISH FOUNDATION OF EASTERN VIRGINIA, INC.
I. ORDINANCES/RESOLUTIONS
o
Ordinance to declare a 3.476 acre parcel at 4564 Bonney Road as EXCESS PROPERTY;
and, authorize the City Manager enter into an Option Agreement with LTD Management
Company, Inc. ( ROSE HALL - DISTRICT 3 ).
e
Ordinance to declare a 0.553 acre parcel of land at 522 South Independence Boulevard as
EXCESS PROPERTY; and, authorize the City Manager execute a special Warranty Deed
and convey the property to the Byler-Clark Partnership (Public Hearing was held
December 7, 1999.) (ROSE HALL- DISTRICT 3)
Deferred:
December 7, 1999
.
Resolutions to support legislation designating real and personal property owned by the
following benevolent corporations as being exempt from state and local real and personal
property taxation:
a. BAYCLIFF CIVIC LEAGUE, INC.
b. BETH SHOLOM SANDS
C. MAKE-A-WISH FOUNDATION OF EASTERN VIRGINIA, INC.
.
Ordinance to AMEND and REORDAIN sections of the City Code, Chapter 18, re
business licenses:
a. 18-2 re
b. 8-5 re
c. 18-8 re
d. 18-10.2 re
e. 18.15 re
f. 18.18 re
g. 18.20 re
definitions
general requirements
levy and purpose of taxes
exclusions and deductions from "gross receipts"
dates for application and payment
proration of tax
assessment of tax and issuance of license generally
e
Ordinance to ACCEPT and APPROPRIATE $747,283 State funds to the FY 1999-2000
Operating Budget of the Community Services Board (CSB) re services and equipment.
.
Ordinance to TRANSFER $39,000 within the Police Department's FY 1999-2000
Operating Budget re replacement scales for their Motor Carrier Safety Unit.
.
Resolution to authorize the development of project documents in conjunction with the City
of Virginia Beach Development Authority re a Central Business District (CBD) Project
known as "The Town Center of Virginia Beach".
.
Resolution to request the General Assembly and Governor of the Commonwealth of Virginia
adopt and approve proposed legislation re extending the existence of the Southeastern
Public Service Authority (SPSA) and withdrawal of its member localities.
9. TAX REFUNDS:
Trustee Tax Refunds $ 213.44
Tax Refunds $6,165.88
J. PLANNING
.
Applications of CORNELIUS F. BOYNTON, JR., ANTONINA BOYNTON, LOPE B.
PILE and MERCY PILE (KEMPSVILLE - DISTRICT 2):
ao
Discontinuance, closure and abandonment of a portion of Jersey Avenue beginning
at its Northern terminus and running in a Northerly direction to the Southern
boundary of Virginia Beach Boulevard, containing 5607 square feet, to incorporate
adjoining properties and facilitate redevelopment
bo
Conditional Use Permit to replace the CUP approved September 28, 1999, for
automobile sales and service at the Southeast comer of Virginia Beach Boulevard
and North Witchduck Road (5085 Virginia Beach Boulevard), containing 21,667
square feet.
Deferred:
November 9, 1999
November 23, 1999
Recommendation: APPROVAL
,
Applications of ROBERT STEINHILBER and HERBERT A. CULPEPPER at the
Southwest intersection of Blackwater Road and Blackwater Loop, containing 320 acres.
(DISTRICT 7- PRINCESS ANNE):
a,
b,
Variance to Section 4.2(m)(1) of the Subdivision Ordinance which requires a
minimum 30-foot pavement width for the proposed cul-de-sac re a proposed 26-foot
pavement width and swales in lieu of curb and gutter to route stormwater runoff.
·
Conditional Use Permit for an alternative residential development
Staff and Planmng Commission
Recommendation:
DENIAL
.
Application of CHARTER BEHAVIORAL HEALTH SYSTEM OF VIRGINIA
BEACH for a Conditional Use Permit for an office building with a dimng room for staff
only on the South side of Will-O-Wisp Drive, East of First Colonial Road (1701 Will-O-
Wisp Drive), containing 7 acres (LYNNHAVEN - DISTRICT 5).
Deferred:
December 7, 1999
Recommendation:
APPROVAL
.
Application of M&G ASSOCIATES, T/A LYNNHAVEN DRY STORAGE MARINA
for a Conditional Use Permit for a marina {dry_ storage boatel) on the East side of West Great
Neck Road South of Lynnhaven Drive (2150 West Great Neck Road), contaimng 7.38 acres
(DISTRICT 5 - LYNNHAVEN).
Recommendation:
APPROVAL
.
Application of VIRGINIA BEACH MARLIN CLUB, INC., for a Conditional Use Permit
for a commercial marina on Block 30, Shadow Lawn Heights (308 Mediterranean Avenue),
containing 6,050 square feet (DISTRICT 6 - BEACH).
Recommendation:
APPROVAL
·
Application of TELBELE BROTHERS, L.L.C., FOR A Conditional Use Permit for a
recreational facili _ty of an outdoor nature (Putt-Putt Golf Course) at the Southwest comer of
Atlantic Avenue and 18th Street, containing 5,760 square feet (DISTRICT 6 -BEACH).
Staff Recommendation:
Planning Commission Recommendation:
DENIAL
APPROVAL
,
Applications of CITY OF VIRGINIA BEACH:
ao
AMEND the Comprehensive Plan by ADDING provisions re shoreline erosion and
access to satisfy regulations promulgated under the authority of the Chesapeake
Bay Preservation Act.
bo
City Zoning Ordinances (CZO) re parking garages:
(Requested by Council Member Harrison)
Sections: 111,239.03,601,701,801,901, 1001, 1501, 1511, 1521
Recommendation:
APPROVAL
K. APPOINTMENTS
BOARD OF ZONING APPEALS
(BZA)
COMMUNITY SERVICES BOARD
(CSB)
FRANCIS LAND HOUSE BOARD OF GOVERNORS
MINORITY BUSINESS COUNCIL
PLANNING COMMISSION
WETLANDS BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED - NOVEMBER 1999
N. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at th~s meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call TDD only 427-4305
(TDD - Telephomc Devine for the Deaf)
12/09/99slb
AGENDA\12-14-99
www.virginia-beach.va, us
OUR N~~(~G~
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~n~a Beach, V~rg~ma
December 14, 1999
Mayor Meyera E Oberndorf called to order the PRESENTATION re TIDEWATER COMMUNITY
COLLEGE tn the Councd Conference Room, Ctty Hall Buddtng, on Tuesday, December 14, 1999, at 10 30
AM
Councd Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Mayor
Meyera E Oberndorf, Reba S McClanan, Nancy K Parker and A M
"Don" Weeks
Councd Members Absent
Vice Mayor Wdham D Sessoms, Jr
[ENTERED 12 13 P MI
December 14, 1999
-2-
CITY COUNCIL PRESENTATION
TIDEWATER COMMUNITY COLLEGE
10:30 A. M.
ITEM # 46039
Dr Deborah M DtCroce, Prestdent- Tidewater Community College, extended apprectatton for Ctty
Counctl's support and the valued servtce of the three appotntees to the Tidewater Community College
Board L Stanley Waranch - Chair, Dorcas T Helfant and Shewltng M Wong Dr DtCroce advtsed tt has
been a very producttve year for the College The College has setzed upon the occaston of the arrtval of the
new President and the College's Thtrtteth Anntversary last year to retnvent Tidewater Community College
The Vtston foresees TCC as becomtng the new Millennium Strategic Community College, and a nattonal
model for a comprehenstve communtty college tn the Twenty-first Century The vision ts routed to a two-
prong mtsston corps entttled College Transfer and Work Force Development TCC as tt looks toward the
future, wtll do better than any Community College tn the United States tn prepartng students to successfully
complete the Baccalaureate educatton and prepare tndtvtduals for the world of work There are five (5)
strategic themes or operating prtnctples
Partnerships
Flexibility and proactive responsiveness
Entrepreneurship
Technology
Heightened Public ,4ccountability
Underlytng this vtston and these operattngprtnctples are five fundamental behefs, whtch are non-negottable
Education is the single greatest act of optimism that all of us have as a
natron, as a community, as a regton Knowledge ts power Access ts
tncreastngly becomtng part and parcel to that aspect of power
Education is the means by which people can enrich and enhance their
lives through self-growth and development
Education and training are critical components of an area's economic
vitality.
Fundamentally, an area's economic future is only as bright as its work
force will allow it to be
A Community College that is doing its job, functions as an integralpart
of the Community and makes a positive enduring difference tn the ltfe
of the communtty and shares the goals as well as the challenges of that
commumty
Relattve economic development, the College has been repostttontng tts whole work force development by
worktng closely wtth the Ctty's Economtc Development Dtrector- Donald Maxwell The College ts becomtng
far more pro-acttve, more cohestve and more service ortented The College ts vtewed as a partner wtth all
of the regtons tn servtng as both an ambassador for the wonderful world tn whtch they hve tn South Hampton
Roads, as well as provtcltng educatton and tramtngfor the regton In the past year, over 5, 000 dtfferent
employees have been served through spectahzed relattonshtps that respond spectfically to area tratntng
needs The College ts tn the process of tntervtewtng for a Dean of Work Force Development A
representattve from Economic Development ts servtng as a part of the search effort Wtthtn the next two
years, TCC will be offertng a full degree vta on-ltne The whole notton behtnd thts ts expanded outreach wtth
the restdents served The work tn terms of collaborattng the K-12 sector and the 4-year sector has taken
great strtdes over the past year or so t e a grant, ltnktng TCC wtth Salem Htgh School, the Advanced
Technologtcal Center and the collaboratton begtnntng to occur with the Virginia Beach Higher Education
Center. There ts somethtng of a virtual university tn the Ctty's mtdstl The College has also begun to
reconceptuahze thephystcal factltttes for a new century The College ts examtntng retrofitttng, renovating,
addtttonal space and the posstbtltty of relocattng some of the extsttngfacthttes as well as examtntng prtvate
development as a means of chverstfytng the funding base Relattve fundmg, the College ts focused on an
adequate base of operating support for the tnstttutton coupled with the tssue of more targeted funds to
advance or finance the vtston for the College The fundtng challenge ts viewed essenttally as one of
partnershtp wtth the State betng the prtmary pubhc tnvestor, the locahty betng a secondary publtc tnvestor
and wtth the College's many frtends tn the Corporate sector becomtng powerfully tmportant as prtvate
investors The goal wtthtn thts context ts to butld a base of private supplemental support for the college
December 14, 1999
-3-
CITY COUNCIL PR~SENTA TION
TIDEWATER COMMUNITY COLLEGE
ITEM # 46039 (Continued)
Enrollment has increased 5.1% thts Fall and ts reflecttve of the largest enrollment ever tn the College's
history The actual number of students served is over 20,000 wtth full time equivalent students betng over
11,000. There has been a 2% increase in the enrollment in the Virginia Beach campus Relattve the
Vtrgmta Beach campus the student profile consists of
57%
68%
34%
28
79%
51%
18%
women
part time
minority
average age of student
Virginia Beach residents
enrolled in the College transfer program
Virginia Beach residents enrolled
42% of all Virginia Beach residents, enrolled tn undergraduate educatton tn a Vtrgtnta College or
Untverstty, are enrolled at TCC thts past Fall Wtthout questton, TCC ts the stngle largest provtder of
undergraduate educatton tn thts regton followed by Old Domtnton Untverstty, Norfolk State Umverstty and
Vtrgtnta Tech
The Advanced Technology Center ts a model for others to emulate
Dr E T Buchanan, The Provost -Vtrgtnta Beach Campus, introduced Davtd Sulhvan and Gwen Cowart,
as being two (2) of TCC's star graduates Dr Buchanan referenced the Project Planning Schedule -
Advanced Technology Center, whtch was &strtbuted to Ctty Counctl The Construction Start (Phase 2 -
Site Work) ts esttmated to begtn this month
Construction Start (Phase 3 - Mobilization)
June 2000.
Construction to Substantial Completion
November 1, 2001
Final Construction Completion -
Certificate of Occupancy
December 1, 2001
Install Movable Furniture & move in
January 2, 2002
There are spaces wtthtn the butldtng of the Advanced Technology Center whtch wtll be dedtcated to
Tidewater Community College, public schools and the City of Virginia Beach, durtng the day Durtng the
eventngs and weekends, tt ts the assumptton that the pubhc school spaces wtll be available for work force
acttvtttes
Chairman L Stanley Waranch advtsed he came with "hat tn hand" to request thts Counctl tojotn wtth TCC
tn butldtng an Advanced Technology Center of which all wtll be proud Thts could not have happened
wtthout the tndtvtduals tn thts room asststtng to make this a dynamtc force for the Ctty of Vtrgtnta Beach
Mr Waranch also expressed apprectatton for the opportuntty to serve on the Board of Tidewater
Community College. Mr Waranch advtsed his other accomphshment was to select Dr DtCroce as the new
Prestdent He comphmented Ctty Counctl on thetr appotntments and satd Dorcas T Hel~[ant and Shewhng
M Wong are truly great assets to the Tidewater Community College Board
Mr Waranch tntroduced Ttm Ftnk, Dtrector of Facthttes, who co-or&nates with the Architects, School
Board and State relattve brtngtng the Technology Center to fruition
Mayor Oberndorf expressed apprectatton to Dr DtCroce, Dr Buchanan and Chatrman Stanley Waranch
December 14, 1999
-4-
CITY MANAGER'S BRIEFING
FORT STORY GOLF COURSE
11:00 A.M.
ITEM # 46040
Robert R Matthtas, Assistant to the Ctty Manager, advtsed relattve the status of developtng a htgh qualtty
golf course tn partnershtp wtth the Army at Fort Story The Army attempted about 3 or 4years ago to "jump
start" the process and tssued a Request For Proposal for the butldtng of a golf process Approxtmately 30
firms responded to the RFP. None of the provtders wtshed to provtde an incentive back to the Army for thts
golf course development The Army ts tnterested tn developtng a source of cash flow for the Morale, Welfare
and Recreation Fund (MWR) Mr Matthtas &splayed a map entttled 18 Hole Golf Course Development
Site Thts tllustrates the 200 acres the Army has tdenttfied for a posstble golf course The stte commences
just tnstde the east gate off Atlanttc Avenue and goes up to the west over the dunes Thts ts an area that has
been dtsturbed by man frequently over the last seventy years. Thts would be a scemc course utthzmg both
the bay and the ocean The Ctty, at our cost of less than $5,000, had two appratsals prepared for the lease
of thts property The values reported were $22,400 a year and $120,000 a year. The Ctty ts propostng that
the payments be $71,200 a year The Ctty ts propostng to lease the property dtrectly from the Army and
sublease tt to the successful developer The Army has to secure enabhng legtslatton from Congress to lease
thts property and tt wtll be much easter and more destrable for the Army to have the Ctty named as the
lessee, rather than a yet to be destgnated developer Thts ts stmtlar to the dredge relocation at Rudee Inlet
The lease pertod would be a minimum of thirty years The agreement between the Ctty and the Army, whtch
would also requtre the successful developer's approval, would provtde a lease payment made to the Army
and 10% of the gross operating income of the golf course pard to the MWR funds at Fort Story on an
annual basts The agreement would also tnclude the requtrement that 10% discount (or some other mutually
agreeable percentage) on green fees would be avatlable to tndtvtduals stattoned at Fort Story and Fort
Eustis. Thts would be a "links course" that would be descrtbed wtth adjecttves such as "world class ",
"challengtng", "envtronmentally senstttve," and "placed tn a htstortc setttng" The Ctty's RFP would
requtre, among other thtngs, a championship class clubhouse and other auxiliary buildings The Ctty would
be allowed to collect amusement taxes as appropriate The development of thts golf course would be fatrly
tnexpenstve as tt would be a 'links type course' and probably tn the range of $3-5-MILLION Infrastructure
would not entatl a large expense, as sewer and water are already avatlable, and there ts an extsttng
roadway In order toproceed, the Cttyproposes, at tts expense, to have an Environmental Assessment (EA)
completed to tdenttfyfatal flaws, such as adequate ground water supply for trrtgatton There are a number
of lakes and ponds there, but are probably not suffictent to provtde water for trrtgattng the golf course As
thts would be a 'links type course ', tt wtll probably requtre a mtntmal amount of trrtgatton The Ctty would
tdenttfy the items to be examined tn the EA tn consultatton with the Army and tndtvtduals knowledgeable
about golf course constructton/operatton
The staff ts requesttng approval of $50, OOO from the Economic Development Incentive Fund (ElF)for the
Environmental Assessment performed to tdenttfy the fatalflaws Thts wouM encompass approxtmately a
year The staff would then propose to work wtth the Army to develop an RFP. The successful btdder would
be responstble for paytng the cost of the EIS, whtch ts esttmated between $300,000 and $500,000 and then
perform the golf course development Construction would probably not commence for at least three years,
wtth a year of constructton Therefore, tt would be at least four years before the golf course would be on
hne Thts has been chscussed wtth the Counctl Ltatsons- Vtce Mayor Sessoms and Counctl Member
Harrtson They are both tn support of thts proposal Thts project has also been dtscussed wtth three members
of the Parks and Recreatton Golf Course Commtttee and they are also tn support A golf course ts not a
major generator of vehicular traffic and would probably mvolve less than 100 cars per day and thus the
tmpact to the netghborhood would be mtntmal
The 'link style course' has more of a wide open tract as tn England and Scotland Much of the natural
terrain rematns, not every portton of the golf course ts developed The layout of the 'link style course' wtll
often have several holes from stde to stde so the golfer ts gotng one way out and one way back and gotng
north~south~east~west forever This Fort Story Golf Course wtll have the htghest natural elevations tn the
Ctty, as some of the sand dunes are approxtmately 80-foot high.
The City could evolve tnto the agreement wtth the successful developer Then the Ctty would be patd back
tts cost, for the Environmental Assessment The course would be open to the general pubhc The Army
would not get preferenttal tee trines The avatlabthty of the pubhc beach use would not change However,
the club house mtght be located dtrectly adjacent to the pubhc beach area, allowtng an area for the
utthzatton of pubhc restrooms rather than the porta potttes The golf course would not negattvely tmpact the
beach area tn any way
December 14, 1999
-5-
CITY M/INA GER 'S BRIEFING
FORT STORY GOLF COURSE
ITEM # 46040 (Continued)
The Ctty Manager &strtbuted a copy of the DRAFT letter to Brtgadter General Wtlltam E Mortensen,
Office of the Commandtng General - U S Army Transportatton Center, Fort Eustts, Vtrgtnta, relattve the
Fort Story Golf Course, whtch ts hereby made a part of the record
B YCONSENSUS, Ctty Councd &rected Staff to conduct the EnvironmentalAssessment wtth the water study
betngfirst (at a cost of approxtmately $25,000) before the full EA
December 14, 1999
-6-
,4 GENDA RE VIE W SESSION
11:27,4.M.
ITEM # 46041
12
Ordtnance to declare a 3 4 76 acreparcel at 4564 Bonney Road
as EXCESS PROPERTY; and, authortze the Ctty Manager
enter into an Option Agreement wtth LTD Management
Company, Inc (ROSE HALL - DISTRICT 3 )
The Ctty Attorney chstrtbuted a revtsed copy of the Attachment, which clartfies the Option ,4greement Mr
Maxwell advtsed the owners of LTD are Dthp R Desat - President and H K Thakkar
ITEM # 46042
12
Ordtnance to declare a small parcel of land at 522 South
Independence Boulevard as EXCESS PROPERTY, and,
authortze the Ctty Manager execute a spectal Warranty Deed
and convey the property to the Byler-Clark Partnership (ROSE
HALL- DISTRICT 3)
Councdman Harrtson referenced the fatrly compelhng argument at the last Ctty Counctl meettng that thts
ts a land locked parcel, separated from Mount Trashmore Park by a &tch There was not any posstbthty
that thts was land whtch the Ctty would wtsh to uttltze as part of Mount Trashmore Park. By declartng thts
excess, tt would make the adjacentproperty the only hkely benefactor to use same Counctl Lady McClanan
advtsed she preferred thts excess property remain tn tts present state Her concern was the butldtng would
be too close to thejoggtng path Mayor Oberndorf referenced the correspondence of Katheryn Byler
dtm Lawson, Real Estate, &splayed a map detathng the locatton of thts Excess Property The LTD square
footage for an office buddtng Thts excessproperty has not beenprogrammed for uses as apart of the Park,
however, tt has beenpercetved aspart of the Park Certatnly wtth Coastal Video tmprovements, the necessity
for buffertng, ts even more apparent
Sara Hensley, Dtrector of Parks and Recreatton, advtsed the questton of the buffer, open space acqutsttton
and leavtng the land tn tts natural state ts why the City staff ts recommendtng thts parcel rematn as Ctty
property Counctlman Hetschober advtsed declaratton of thts property as excess wtll take away from open
space, whtch ts contrary to the prtnctples estabhshed by Ctty Counctl Counctlman Branch referenced other
small adjacent parcels whtch are undeveloped, therefore, thts mchvtdual could explore opportuntttes for
negottatton The Ctty Attorney chstrtbuted a revtsed Ordtnance, whtch was tn comphance wtth the City's
Excess Property Policy.
Thts ttem wtll be chscussed durtng the Formal Sesston
ITEM # 46043
13
Resolutions to support legtslatton destgnattng real and personal
property owned by the followtng benevolent corporattons as
betng exempt from state and local real and personal property
taxation:
a. BA YCLIFF CIVIC LEA GUE, INC.
Councilman Harrtson beheves thts ts the first ttme, he can remember, approval of an exemptton for an
organtzatton that does not have a tax determination by the Internal Revenue Servtce advtstng the
organtzatton ts a charttable organtzatton Thts fact was referenced tn the Ctty Attorney ~ correspondence
to Ctty Counctl Whtle the apphcatton for Baycliff states the Ctvtc League ts a charttable organtzatton, tt
does not have a determtnatton by the Internal Revenue Service to that effect
The Ctty Attorney advtsed thts Resolutton could be DEFERRED unttl the Ctty Counctl Sesston of January
4, 2000, and sttll meet the deadhne for fihng wtth the General Assembly Asststant Ctty Attorney Larry
Spencer advtsed he wtll research, but he beheves there was one occaston when the apphcant chd not have
a 501c3 determination letter, and the organtzatton was recommended for tax exemption to the General
,4ssembly. Asststant City Attorney Spencer advtsed thts determmatton letter ts merely a constderatton of the
Ctty Counctl not a legal requtrement
December 14, 1999
-7-
AGENDA RE VIE W SESSION
ITEM # 46044
16
Or&nance to TRANSFER $39,000 wtthtn the Police
Department's FY 1999-2000 Operattng Budget re replacement
scales for thetr Motor Carrier Safety Unit
Counctlman Hetschober tnqutred whether fines tn the Pohce Budget could be utthzed for thts purpose The
Ctty Manager advtsed thts request was submttted tn the FY 1999-2000 Budget, but was not included tn the
Department's recommended budget However, there have been malfunctions wtth the scales These new
scales are of htgher quahty than the older models and are projected to have a longer hfe cycle Average
annual revenue collected from fees charged for vehtcle violations ts sufficient to cover the amorttzed cost
of the scales plus all other annual expenses assoctated wtth the operatton of the MCSU.
ITEM # 46045
1 7 Resolution to authortze the development ofproject documents tn
conjunctton wtth the Ctty of Vtrgtnta Beach Development
Authority re a Central Bustness Dtstrtct (CBD) ProJect known
as "The Town Center of Virginia Beach"
The Ctty Attorney dtstrtbuted a revtsed Resolutton and advtsed thts Resolutton ts requesttng the Ctty Counctl
approve the concept outhned tn the Memorandum of Understanding It ts exphcttly hsted as non-btndtng
to parttes In good fatth, the Ctty ts advtstng the Investment Partner, they wish to proceed based on the terms
outhned This is a concept. There are many specific ttems wtth respect to thts Memorandum of
Understanding, whtch have not been negottated through The staff ts requesttng authortzatton to proceed
wtth the negottattons and brtng forward a final document
Thts tnformatton relattve the "Town Center of Virginia Beach" wtll be on the City's Web Stte
The City Manager advtsed the Developer and representattves of the Central Bustness Dtstrtct Assoctatton
wtsh to present tnformatton relattve the "The Town Center of Virginia Beach". Thts ttem wtll be &scussed
durtng the Formal Sesston The Ctty Manager referenced the tssue of the rezomng of the property wtll be
scheduled for the Ctty Counctl Sesston of January 25, 1999 Land contracts are tnvolved tn the negottatton
and exptre on December 22, 1999 The tmpetus to havtng at least the conceptual approval on record ts from
the land contracts and also the effort to acqutre the Columbus lproperty There ts a depostt whtch becomes
non-refundable on January 3, 2000 A related tssue ts one of ttmtng The City ts negottattng wtth a number
of tenants on thts project and there are approxtmately four tnstances of major tenants who are tnhabtttng
one floor of thts butldtng, each of whom have leases exptrtng tn July 2001. If there ts a stgntficant delay,
the butldtng wtll not be constructed tn ttme to have those tenants move tn or lose the opportumty to sign
those tenants There ts sttll many opportumttes for pubhc comment on thts project both tn the Planntng
Commtsston and Ctty Counctl regardtng the rezomng and durtng the actual presentatton of the formahzed
contract to the proposed developer Councdman Harrtson wtll ABSTAIN on thts ttem
ITEM # 46046
BY CONSENSUS, the followtng items shall compose the CONSENT AGENDA
ORD INANCES/RES OL U TIONS
I1
Ordtnance to declare a 3 476 acreparcel at 4564 Bonney Road
as EXCESS PROPERTY; and, authortze the Ctty Manager
enter into an Optton Agreement wtth LTD Management
Company, Inc (ROSE HALL - DISTRICT 3)
13
Resoluttons to support legtslatton destgnattng real and personal
property owned by the followmg benevolent corporattons as
betng exempt from state and local real and personal property
taxation:
a BAYCLIFF CIVIC LEAGUE, INC
b BETHSHOLOMSANDS
c MAKE-A-WISH FOUNDATION OF EASTERN VIRGINIA, INC
December 14, 1999
-8-
AGENDA RE VIEW SESSION
ITEM it 46046 (Continued)
14 Ordinance to AMEND and REORDAIN secaons of the C~(y
Code, Chapter 18, re bustness hcenses
a 18-2
b 8-5
c 18-8
d18-102
e 18 15
f1818
g 18. 20
re definitions
re general requirements
re levy and purpose of taxes
re exclustons and deducttons from "gross recetpts"
re dates for application and payment
re proration of tax
re assessment of tax and issuance of license generally
15
Ordinance to ACCEPT and APPROPRIATE $747,283 State
funds to the FY 1999-2000 Operating Budget of the Commumty
Servtces Board (CSB) re services and equipment
16.
Ordtnance to TRANSFER $39,000 within the Police
Department's FY 1999-2000 Operatmg Budget re replacement
scales for their Motor Carrier Safety Unit
18
Resolunon to request the General Assembly and Governor of the
Commonwealth of Vtrgtma adopt and approve proposed
legislation re extending the extstence of the Southeastern Pubhc
Servtce AuthortCy (SPSA) and wtthdrawal of tts member
locahttes
19 TAX REFUNDS:
Trustee Tax Refunds
$ 213.44
Tax Refunds $6,165. S8
Item 3 a wi11 be DEFERRED BY CONSENT, unttl the Ct~y Council Session of January 4, 2000
Councilman Harrlson will ABSTAIN on Item 8
December 14, 1999
-9-
AGENDA RE VIE W SESSION
ITEM # 46047
J1
Apphcattons of CORNELIUS F. BO YNTON, JR., ANTONINA
B O YNTON, L OPE B. PILE and MER CY PILE (KEMPS VILLE
- DISTRICT 2)
Dtsconttnuance, closure and abandonment of a portton of Jersey
Avenue begtnntng at tts Northern termtnus and runntng tn a
Northerly dtrectton to the Southern boundary of Vtrgtnta Beach
Boulevard, contatntng 5607square feet, to tncorporate adjotntng
properttes and facthtate redevelopment
Conchttonal Use Permtt to replace the CUP approved September
28, 1999, for automobtle sales and service at the Southeast
corner of Vtrgtnta Beach Boulevard and North Wttchduck Road
(5085 Vtrgtnta Beach Boulevard), contatntng 21,667square feet
Mayor Oberndorf referenced correspondence of Attorney Wtlham J Swanner, III, requesttng INDEFINITE
DEFERRAL
ITEM # 46048
J 2 Apphcattons of ROBERT STEINHILBER and HERBERT A.
CULPEPPER at the Southwest tntersectton of Blackwater Road
and Blackwater Loop, contatmng 320 acres (DISTRICT 7-
PRINCESS ANNE)
Vartance to Sectton 4 2(m)(1) of the Subdtvtston Ordtnance
which requtres a mmtmum 30-foot pavement wtdth for the
proposed cul-de-sac re a proposed 26-foot pavement width and
swales tn heu of curb and gutter to route stormwater runoff
b Conchttonal Use Permit for an alternattve restdenttal development
Councd Lady Henley dtstrtbuted correspondence from Charles L. &emon of &emon and Larsen to John M
Carlock, AICP - Hampton Roads Planntng Dtstrtct Commtsston relattve the Mansfield Farm Alternattve
Development Concept As an adjunct to Stemon & Larsen's contract wtth HRPDC to develop a Rural Area
Preservatton Program for the Southern Watersheds of the ctttes of Chesapeake and Vtrgtnta Beach, they
have been requested to revtew the layout proposed by the apphcant "Robert Steinhilber and Herbert A
Culpepper" and offer an alternative subdivision design The revtew would be conststent wtth the stated
objecttves of the City's zontng ordtnance and Comprehenstve Plan for the area and utthze rural planntng
prmctples betng developed for the Southern Watersheds Counctl Lady Henley had requested as a part of
thts overall study to review Ordinance 405 and determtne if there are flaws tn the Ordtnance, or tf m fact,
these prtnctples tn the Ordinance can be accomphshed on property as the "Mansfield Farm" A concept
of alternate subdtvtston plans was developed to successfully achteve the Ctty's pohcy objecttves for the
Pungo/Blackwater area, protect equtttes for the landowner and those of his netghbors, and begtn to advance
through tllustratton the sttll-to-be-fully-arttculated planntng goals emerging through the Southern
Watershed Area Management Plan (SWAMP)process sponsored by the Hampton Roads Planntng Dtstrtct
Commtsston Thts tnformatton has been shared wtth the apphcant's Attorney Edward Bourdon, as Counctl
Lady Henley ts not tnchned to support the design stnce tt does not conform to the Ordmance, but tf they
would be wtlhng to attempt to do a destgn whtch does comply, then Counctl Lady Henley would be agreeable
to a deferral Counctl Lady Henley chstrtbuted proposed subdtvtston plans The Staff and Planntng
Commtsston have recommended DENIAL
Vtce Mayor Sessoms advtsed the apphcants are opttmtsttc about the concept presented to Attorney Bourdon
who would hke to request the DEFERRAL and agree to attempting to comply wtth thts plan
Counctlman Branch referenced the duck bhnds on Blackwater Creek which would be tn proxtmtty of thts
development and thts ts somethtng the Ctty Counctl needs to review
December 14, 1999
I
-lO-
AGENDA RE VIEW SESSION
ITEM # 46049
13
Apphcatton of CHARTER BEHAVIORAL HEAL TH SYSTEM
OF VIRGINIA BEACH for a Conchttonal Use Permtt for an
Office building wtth a chnmg roomfor staff on[¥ on the South stde
of Wtll-O- Wtsp Drive, East of Ftrst Colonial Road (1701 Wtll-O-
Wtsp Drive), contammg 7 acres (L YNNHA VEN- DISTRICT 5)
Counctlman Harrtson advtsed Wiley Cooke of the 3-M Destgn Group, who represents the apphcant, relattve
hts proposed revtsed condtttons Charter Behavior ts tn agreement to the condtttons
1 There shall be no extertor stgn tdenttfytng the cafeteria
The dumpsters and shed shall be screened from Wddwood Drtve
and Ltndsley Drtve wtth a stx- foot (6') tall prtvacyfence wtth
Category I landscaping on the outstde of the fence
3 All anctllary vehtcles used durtng recent constructton work and
excess butldtng materials shall be removed from the stte
4 There shall be no garbageptck up or truck dehvertes to thts stte
before 7 30 a m or after 6 O0 p m
5 Conchttons #2 and #3 shall be metprtor to use of the cafeteria
Condtttons gl and g4 are on-gotng
ITEM # 46050
15
Apphcatton of VIRGINIA BEACH MARLIN CLUB, INC., for
a Con&ttonal Use Permtt. fora commerctal martna on Block 30,
Shadow Lawn Hetghts (308 Medtterranean Avenue), contatntng
6, 050 square feet (DISTRICT 6 - BEACH)
Council Lady Henley expressed concerns and thts ttem wtll be chscussed during the Formal Sesston
ITEM # 46051
16
Apphcatton of TELBELE BROTHERS, L.L.C., for a
Conchttonal Use Permtt for a recreattonal_facdt_ty of an outdoor
nature (Putt-Putt Golf Course) at the Southwest corner of
Atlanttc Avenue and 18th Street, contatntng 5, 760 square feet
(DISTRICT 6 -BEA CH)
Counctlman Harrtson expressed concern relattve rooftop golf and golf balls falhng on ctttzens
Counctl Lady Parker will ABSTAIN as the apphcants are chents of Parker Pools
ITEM # 46052
1 7 b Apphcattons of CITY OF VIRGINIA BEACH:
AMEND City Zontng Or&nances (CZO) re parking garages
(Requested by Counctl Member Harrtson)
Council Member Weeks advtsed addtttonal ttme ts needed for constderatton as the Verbattm of the Planmng
Commtsston had not been recetved
Thts ttem wtll be DEFERRED, BY CONSENT, until January 4, 2000.
December 14, 1999
-II-
AGENDA RE VIEW SESSION
ITEM # 46053
BY CONSENSUS, the following items shall compose the PLANNING B Y CONSENT AGENDA
J 1 Apphcattons of CORNELIUS F. BOYNTON, JR., ANTONINA
BO YNTON, LOPE B. PILE and MERCY PILE (KEMPSVILLE
- DISTRICT 2)
ao
Dtsconttnuance, closure and abandonment ora portion of Jersey
Avenue begmmng at tts Northern termtnus and runnmg tn a
Northerly dtrectton to the Southern boundary of Vtrgtnta Beach
Boulevard, contatntng 5607 square feet, to tncorporate adjommg
properttes and facthtate redevelopment
Con&ttonal Use Permtt to replace the CUP approved September
28, 1999, for automobde sales and service at the Southeast
corner of Vtrgtnta Beach Boulevard and North Wttchduck Road
(5085 Vtrgtma Beach Boulevard), containing 21,667 square.feet.
J. 3
Apphcatton of CHARTER BEHA FLORAL HEAL TH SYSTEM
OF VIRGINIA BEACH for a Condtttonal Use Permtt for an
office butldtng wtth a dining room_for staff onl_¥ on the South side
of Wtll-O- Wtsp Drtve, East of Ftrst Colontal Road (1701 Wtll-O-
Wtsp Drive), contatmng 7 acres (LYNNHA VEN - DISTRICT 5)
,14
Apphcatton of M&G ASSOCIATES, T/A L YNNHA VEN DR Y
STORAGE MARINA for a Condtttonal Use Permtt for a rnarma
(d~_ storage boatel) on the East stde of West Great Neck Road
South of Lynnhaven Drtve (2150 West Great Neck Road),
contatntng 7 38 acres (DISTRICT 5 - LYNNHA VEN)
,15
Apphca.on of VIRGINIA BEACH MARLIN CLUB, INC., for
a Conditional Use Permit for a commerctal manna on Block 30,
Shadow Lawn Heights (308 Medtterranean Avenue), contatmng
6, 050 square feet (DISTRICT 6 - BEACH)
J 7 Apphcattons of CITY OF VIRGINIA BEACH:
AMEND the Comprehensive Plan by ADDINGprovtstons re
shoreline erosion and access to sattsfy regulattons promulgated
under the authort02 of the Chesapeake Bay Preservation Ac~
b AMEND Ct~y Zontng Ordtnances (CZO) re parking garages
(Requested by Councd Member Harrison)
Secttons 111, 239 03, 601, 701, 801, 901, 1001, 1501, 1511, 1521
Item ,1 1 will be DEFERRED INDEFINITEL Y, BY CONSENT
Item ,1 3 wtll be APPROVED, BY CONSENT, with revised conditions.
Item 7 b wtll be DEFERRED, BY CONSENT, until the City Council Session of January 4, 2000.
December 14, 1999
- 12-
CITY COUNCIL COMMENTS
12:32 P.M.
ITEM # 46054
Council Lady Parker referenced correspondence from Betsy Agelasto relattve Lastan Road, whtch ratsed
some of the same concerns These concerns also concur with comments of Resort Advisory Commission
(RAC) relative Lasktn Road Council Lady Parker requested these tssues be researched
ITEM # 46055
Council Members Eure and Parker were appotnted hatsons with the communtoo relattve the AMENDMENT
of the Comprehensive Plan Appendix re destgn GUIDELINES for large retail establishments on November
23, 1999. The Council Members had thetr first meetmg recently and have requested further deferral
Attorney R d. Nutter had represented the Hampton Roads Assoctatton for Commerctal Real Estate and
requested DEFERRAL unttl January 11, 1999, of thts Amendment for review by the Assoctatton Councd
Lady Parker advtsed the Assoctatton was finding major problems wtth the gutdehnes The Assoctatton ts
requestmg at least a 90-day deferral
Council Lady Eure advised the Assoctatton represents over 90% of the commercial retail developers tn the
Ctoo Five (5) tndtvtduals were selected for the Task Force wtth whtch Counctl Members Eure and Parker
are working There are methods tn which guidelines and provisions can be estabhshed to control some of
the by-rtght development and thts Assoctatton wouM hke an opportuntty to present thts mformatton to Ctoo
Counctl for constderatton The Task Force ts dedicated to forward these gutdehnes to Ctoo Staff by January
6, 2000 On January 13, or 14, the Task Force wtll return wtth the Ctoo stafff s recommendattons The
representatives wouM then confer with the Assoctatton Therefore, tt could posstbly be to (?tOo Counctl by at
least March 14, 1999, or earher Counctl Lady Eure referenced photographs of butldtngs tn "Kentlands "
tn Gatthersburg, Maryland (a suburb of Washington, D C ) All of the butldtngs Lowes, Hams Teeter are
all of the same quahOo depicted. Mayor Oberndorf advtsed tn Charlotte, North Carohna, there ts even a more
elaborate shopptng area behtnd a gorgeous berm and tn an exqutstte setttng
Mayor Oberndorf tnqutred tf the Assoctatton wouM agree to a 90-day voluntary moratorium on any "by
right design" of shoppmg centers unttl the gutdehnes are estabhshed
The Ctty Attorney advtsed Mayor Oberndorf tf certatn zonmg apphcattons come before CtOo Councd, while
related matters are under discussion, these parttcular apphcattons can be deferred for a reasonable pertod
of ttme. However, tf there ts "by right construction" submitted to the Development Servtces Center, tt does
not requtre a zoning or CtOo Counctl approval There ts a statutory schedule wtth which the Dtrector of
Planmng's office has to comply
Mayor Oberndorf requested Counctl Member Eure convtnce the Members of the Assoctatton not to submtt
apphcattons for any by right development for 90-days Counctl Lady Eure satd she wouM be happy to do
so She advtsed the Association dehberately did not chose any one for the Task Force that wouM be self
servmg t e Lakestde Constructton
Council Lady Parker referenced some of the proposals were very good and wondered tf those couM be
tncorporated wtth the "by right" development The developers are upset when constructmg a beauttful
butldmg of a certatn destgn and then have a by right development adjacent to them with a confltctmg design
and not aesthettcally pleastng
Council Lady McClanan beheved tt was the intent of the opposttton to delay these gutdehnes unttl they couM
develop as they wtsh
Councilman Branch tnqutred if the property recently cleared on Seaboard Road at the corner ts to be a strip
shopptng mall Is thts wtthtn the Historic Preservation District or are there any controls the Ctoo can have
on this parcel of properOo7 Mr Scott advised the apphcant was requtred to file and tmplement an Erosion
and Sedimentation Control Plan. That ts the extent of the Department's control Thts parcel ts not tn the
Historic District There are about 3 acres of B-2 existing zoning since 1973.
Council Lady Henley said thts ts one of the "by right developments" and those are the real problem areas
It ts her understandmg the apphcant apphed and was gtven permtsston to clear more than the B-2 properOo
Mr Scott wtll investigate and advtse Relative the access, Mr Scott must confer wtth Traffic Engtneermg,
but he ts very concerned with the level of traffic on Prmcess Anne Road tn this vtcmtOo (20,000 cars a day
on a two-lane road)
December 14, 1999
-13-
CITY COUNCIL COMMENTS
ITEM # 46056
Mayor Oberndorf referenced correspondence from Admtral Cole advtstng the Carper Housing tn Kempsvtlle
butlt ortgtnally for the Navy contatmng over 600 units ts gotng to be rebuilt wtth only 320 units
Hopefully, tn addttton to the tot lots, they wtll be combining recreation for the teenagers
December 14, 1999
- 14-
ITEM # 46057
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Budding, on Tuesday, December 14, 1999, at
12 45PM
Council Members Present
Ltnwood 0 Branch, III, Margaret L Eure, IY'tlham W. Hamson, ,Ir,
HaroM Hetschober, Barbara M Henley, Louts R dones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vtce
Mayor Wdham D Sessoms, dr and A M "Don" Weeks
Councd Members Absent
None
December 14, 1999
- 15-
ITEM # 4605~
Mayor Meyera E Oberndorjq, entertamed a motion to permtt City Councd to conduct its CLOSED
SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtma, as amended, for the followmg purpose'
PERSONNEL MATTERS Dtscusston, consideration or tntervtews of
prospecttve candidates for employment, asstgnment, appotntment,
promotion, performance, demotion, salartes, dtsctphntng, or restgnatton
of spectfic pubhc officers, appointees, or employees pursuant to Sectton 2 1-
344 (A) (19
To Wit
Boards and Commtsstons
Board of Zontng Appeals
Communtty Service Board
Francts Land House Board of Governors
Minority Bustness Counctl
Plannmg Commtsston
Wetlands Board
PUBLICLY-HELD PROPERTY Dtscusmon or conmderatton of the
condttton, acqutsttton, or use of real property for pubhc purpose, or of the
dtsposttton of pubhcly-held real property, for dtscusston tn an open meeting
whtch wouM adversely affect the bargatnmg posttton or negottattng
strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3)
To-Wtt
Agricultural Reserve Program -Prtncess Anne Dtstrtct
Acqutsttton/Dtsposttton of Property - Central Bustness Dtstrtct
Rudee Loop
LEGAL MATTERS Consultatton wtth legal counsel or brtefings by staff
members, consultants, or attorneys pertatntng to actual or probable
httgatton, where such consultatton or briefing tn open meetings would
adversely affect the negottatmg or httgattng posttton of the pubhc body and
consultation wtth legal counsel employed or retatned by a pubhc body
regarding specific matters requmng the provision of legal advtce by such
counsel pursuant to Section 2 1-344(A)(7)
Contractual Negottatton- Central Busmess Dtstrtct
Rudee Loop
False Cape Lodge
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Hetschober, Ctty Counctl voted to proceed
tnto CLOSED SESSION.
Vottng 11-0
Councd Members Voting Aye'
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
HaroM Hetschober, Barbara M. Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr andA M "Don" Weeks
Councd Members Votmg Nay
None
Councd Members Absent
None
December 14, 1999
- 16-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
December 14, 1999
2:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Council Chamber, Ctty Hall Butldtng, on Tuesday, December 14, 1999, at 2 O0 P M
Council Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham 14; Harrison, Jr,
HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf,, Nancy K. Parker, Vtce
Mayor Wtlltam D Sessoms, Jr and A M "Don" Weeks
Counctl Members Absent
None
INVOCATION
The Reverend Gretchen Nelson
Beech Grove and Bethel Untted Methodtst Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Oberndorf requested a "Moment of Stlence" on the death of former Councd Member John Grtffin.
Vice Mayor Sessoms, being a Corporate Officer of Wachovla Bank, advised there were no matters on the
agenda tn whtch he has a "personal tnterest", as defined tn the Act, either tndtvtdually or tn his capacity as
an officer of Wachovta Bank The Vice Mayor regularly makes this Dtsclosure as he may not know of the
Bank's interest tn any appltcatton that may come before City Councd Vtce Mayor Sessoms' letter of January
4, 1999, ts hereby made apart of the record
December 14, 1999
Item VI-E.
-17-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 46059
Upon motion by Vtce Mayor Sessoms, second ed by Councilman Hetschober, City Councd CERTIFIED
THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc busmess matters lawfully exempted from Open Meettng
requtrements by Vtrgtnta law were dtscussed tn Closed Session to which thts
certtficatton resolutton apphes,
AND,
Only such pubhc business matters as were tdenttfied tn the motion
convening the Closed Sesston were heard, dtscussed or constdered by
Vtrgmta Beach City Councd
Votmg' 11-0
Councd Members Vottng Aye
Lmwood 0 Branch, III, Margaret L. Eure, Wdham W Harrison, Jr,
HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor
Wdham D Sessoms, Jr and A M "Don" Weeks
Councd Members Voting Nay
None
Councd Members Absent
None
December 14, 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 # 46058 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 from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
~u~ Hodges S<fi~ith, ~MC/AAE
City Clerk
December 14, 1999
Item VI-F. 1
- 18-
MINUTES
ITEM # 46O60
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Cl~y Council APPROVED the
Minutes of the INFORMAL AND FORMAl, SESSIONS of December 7, 1999.
Voting 10-0
Council Members Votmg Aye
Lmwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
HaroM Hetschober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E. Oberndo~ Nancy K Parker, Vice Mayor Wtlltam D
Sessoms, Jr. and A M "Don" Weeks
Counctl Members Voting Nay.
None
Council Members Abstamtng
Louts R Jones
Counctl Members Absent:
None
Counctlman Jones ABSTAINED as he was not tn attendance during the City Councd Session of December
7, 1999
December 14, 1999
- 19-
Item VIoG. 1.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 46061
BY CONSENSUS, Ctty Councd ADOPTED:
AGENDA FOR THE FORMAL SESSION
December 14, 1999
20-
Item VI-H. 1.
PUBLIC HEARING
ITEM ii 46062
Mayor Oberndorf DECLARED A PUBLIC HEARING:
EXCESS CITY PR OPER T Y
3.476 acres at 4564 Bonney Road (ROSE HALL - DISTRICT $)
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
December 14, 1999
-21 -
Item VI-H. 2.
PUBLIC HEARING
ITEM # 46063
Mayor Oberndorf DECLARED A PUBLIC HEARING:
REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION
BA YCLIFF CIVIC LEA GUE, INC.
BETH SHOLOM SANDS
MAKE-A-WISH FOUNDATION OF EASTERN VIRGINIA, INC.
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
December 14, 1999
- 22 -
Item VI-I
ORDINANCES/RES OL UTIONS
ITEM # 46064
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd APPROVED IN
ONE MOTION, Ordtnances 1, 3a (DEFERRED), 3b , 3c, 4, 5, 6, 8 and 9 of the CONSENTAGENDA.
Item 3a shall be DEFERRED BY CONSENT, untd the Ctty Councd Sesston of January 4, 2000
l/ottng 11-0
Councd Members Vottng Aye
Ltnwood 0 Branch, IIL Margaret L Eure, Ve~tlham }V Harrison, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
V?dham D Sessoms, ,Ir and A M "Don" Weeks
Councd Members Vottng Nay
None
Councd Members Absent
None
Councdman Harrtson ABSTAINED on Item 18 (SPSA) as hts law firm provtdes legal servtces to
Southeastern Pubhc Servtce Authortty (SPSA)
December 14, 1999
Item VI-I. 1.
- 23 -
ORDINANCES/RES OL UTIONS
ITEM # 46065
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED:
Ordtnance to declare a 3 476 acre parcel at 4564 Bonney Road as
EXCESS PROPERTY; and, authortze the Ctty Manager enter tnto an
Option Agreement with LTD Management Company, Inc (ROSE HALL
- DISTRICT 3 )
Votmg 11-0 (By ConsenO
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, .Ir,
HaroM Hetschober, Barbara M Henley, Louts R. dones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor
Wdham D Sessoms, dr and A. M "Don" Weeks
Councd Members Votmg Nay'
None
Counctl Members Absent.
None
December 14, 1999
AN ORDINANCE DECLARING PROPERTY
EXCESS AND AUTHORIZING THE SALE OF
REAL PROPERTY LOCATED ON BONNEY
ROAD (FORMER DAYS INN SITE).
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
WHEREAS, the City of Virginia Beach is the owner of approximately 3 529 acres
8 ofland with improvements thereon (the"Property") located on Bonney Road (former Days Inn Site),
9 and
3. O
WHEREAS, the Property is no longer needed for public purposes, and
11
WHEREAS, LTD Management, Company, Inc., a Virginia corporation ("LTD"), has
expressed an interest in purchasing the Property;
13
WHEREAS, the City Council is of the opinion that the Property should be sold to
:1.4 LTD in conformity with the Summary of Key Terms of Option Agreement attached hereto
15
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
:1. 6 VIRGINIA BEACH, VIRGINIA;
17
1. That approximately 3 529 acres of land with improvements thereon (the
:1_ 8 "Property") located on Bonney Road (former Days Inn Site) is declared to be excess and no longer
needed for public purposes
20
2 That the City Manager, or his designee, is hereby authorized to execute, on
2:1. behalf of the City of Vlrglma Beach in form and substance acceptable to the City Manager and the
2 2 City Attorney, an option agreement containing the key terms outlined in the attached Summary of
2 3 Key Terms of Option Agreement for the sale and conveyance of the Property to LTD Management
24 Company, Inc., a Virginia corporation, or its permitted assignee
25
3. That the City Manager, or his designee, 1s further authorized to execute on
2 6 behalf of the City all documents which are necessary to effectuate the conveyance of the Property
2 7 If the option is exercised
28
This Ordinance shall be effecnve from the date of its adoption
29
Adopted by the Council of the City of Vlrglma Beach, Virginia, on the 14 day of
30 December ,1999.
31 Note Pursuant to Article VII, Section 9, of the V~rg~ma Constitution and V C A 15 2-1800, a
32 recorded affirmative vote of three-fourths of all the members elected to Council ~s reqmred
33
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CA-7555
F \Data~TY\Ordm\NONCODE\ca7555 ord wpd
Date Prepared. December 6, 1999
36
APPROVED AS TO CONTENT
37
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APPROVED AS TO LEGAL SUFFICIENCY
39
40
b~partme~i of Law
41
SUMMARY OF KEY TERMS OF OPTION
AGREEMENT FOR SALE OF FORMER DAYS
INN SITE ON BONNEY ROAD
OPTIONEE/
PURCHASER:
LTD MANAGEMENT COMPANY, INC., a Virginia corporation
PROPERTY
DESCRIPTION:
3.529± acres of land with improvements thereon (including f'ormer motel and
parking structure) located on Bonney Road.
SALES PRICE: $2,500,000
OPTION PERIOD: 120 days with two 30 day extensions.
TIME FOR
CLOSING:
30 days after exercise of option.
DEVELOPMENT
REQUIREMENTS:
Architectural renderings of the proposed exterior sections of structures,
including exterior materials and colors and plans required to obtain permits
for exterior renovations and interior remodeling to be submitted to Director
of Economic Development for approval Landscape buffer along
southeastern property line to be installed at a cost of up to $25,000
Improvements/renovations as required by franchisor to cost approximately
$3,500,000. Franchise to be Hilton Garden Inn, Comfort Inn and Suites,
Marriott Residence Inn, Holiday Inn Suites or similar quality.
F \Users\MGayle\WP\WORK\SUMM TR2 wpd
Proposed Hampton Inn & Suites - Bonney Road
Projected Revenues and C~ty Tax Collecbon for F~ve Years
Year 1 Year 2 Year 3 Year 4 Year 5
Total Revenue
$ 2,449,500 $ 2,580,900 $ 2,783,475 $ 2,819,063
C~ty Tax Collecbon Based on Projected Revenue
$ 2,854,650
Lodging Tax(5 5%) $
Lodging Tax(S1 per room n~ght)
Local Sales Tax(l%)
Real Estate Tax
Personal Property Tax
Bus~ness L~cense Tax
Year 1 Year 2 Year 3 Year 4 Year 5
Total Tax Collecbon
134,723 $ 141,950 $ 153,091$ 155,050
32,850 33,763 35,588 35,588
24,495 25,809 27,835 28,191
55,000 55,000 55,000 55,000
10,000 10,000 10,000 10,000
9,000 9,300 10,020 10,200
$ 266,068 $ 275,822 $ 291,534 $ 294,029
$ 157,001
35,588
28,547
55,000
10,000
10,300
$ 296,436
Esbmates provided by the developer, LTD Management CO, INC
- 24 -
Item VI-I. 2.
ORDINANCES/RES OL UTIONS
ITEM # 46066
Kathryn Byler-Clark, the apphcant, represented herself and partners (father, husband and brother)
A motton was made by Councd Lady McClanan, seconded by Councdman He~schober to DENY an
Or&nance to declare a 0 553 acre parcel of land at 522 South Independence Boulevard as EXCESS
PROPERTY re Byler-Clark Partnership (ROSE HALL-DISTRICT 3)
A SUBSTITUTE MOTION was made by Vtce Mayor Sessoms, seconded by Counctlman Harrtson to
ADOPT, AS REVISED:
Or&nance to declare a 0 553 acre parcel of land at 522 South
Independence Boulevard as EXCESS PROPERTY re Byler-Clark
Partnership (ROSE HALL- DISTRICT 3)
Vottng
2-9 (MOTION LOST TO A NEGATIVE VOTE)
Counctl Members Vottng Aye
Wtlham W Harrtson, Jr and Vtce Mayor Wtlham D Sessoms, Jr
Counctl Members Vottng Nay
Ltnwood 0 Branch, III, Margaret L Eure, HaroM Hetschober,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor
Meyera E Oberndorf Nancy K Parker, and A M "Don"
Weeks
Counctl Members Absent
None
December 14, 1999
- 25 -
Item VI-I.2.
ORDINANCES/RESOLUTIONS ITEM # 46066 (Continued)
Upon motton by Counctl Lady McClanan, seconded by Counctlman Hetschober, Ctty Counctl DENIED:
Ordtnance to declare a 0 553 acre parcel of land at 522 South
Independence Boulevard as EXCESS PROPERTY re Byler-Clark
Partnership (ROSE HALL- DISTRICT 3)
Vottng 9-2
Counctl Members Vottng Ave
Ltnwood 0 Branch, III, Margaret L Eure, Harold Hetschober, Barbara
M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf, Nancy K Parker, and A M "Don" Weeks
Counctl Members Vottng Nay
Wtlham I,V Harrtson, Jr and I"tce Mayor Wtlham D Sessoms, ,Ir
Counctl Members Absent
None
December 14, 1999
- 26-
Item Vi-l.3. a.
ORDINANCES~ESOL UTIONS
ITEM # 46067
Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Cay Counctl DEFERRED UNTIL
CITY COUNCIL SESSION OF JANUARY 4, 2000:
BA YCLIFF CIVIC LEAGUE, INC.
Vottng. 11-0 (By ConsenO
Counctl Members Votmg Aye
Ltnwood 0 Branch, III, Margaret L. Eure, Wtlham W. Harrison, Jr,
HaroM Hetschober, Barbara 3/I. Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr andA M "Don" Weeks
Council Members Voting Nay
None
Council Members Absent
None
December 14, 1999
Item VI-L$.b.c
-27-
ORDINANCES/RESOL UTIONS
ITEM # 46068
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctly Counctl ADOPTED:
Resolutmns to support legtslatton designating real and personal property
owned by the following benevolent corporatwns as being exempt from
state and local real and personal property taxation:
BETH SHOLOM SANDS
MAKE-A-WISH FOUNDATION OF EASTERN VIRGINIA, INC
Voting 11-0 (By ConsenO
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
HaroM Hetschober, Barbara M Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A. M "Don" Weeks
Counctl Members Voting Nay
None
Council Members Absent
None
December 14, 1999
A RESOLUTION SUPPORTING LEGISLATION WHICH
WILL DESIGNATE REAL AND PERSONAL PROPERTY
OWNED BY BETH SHOLOM SANDS AS BEING
EXEMPT FROM STATE AND LOCAL REAL AND
PERSONAL PROPERTY TAXATION
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WHEREAS, Beth Sholom Sands owns personal property and ms
expected to receive additional real and personal property located
in the City of Virginia Beach subject to ad valorem taxation;
WHEREAS, the property to be received by Beth Sholom Sands is
currently tax exempt as property owned by Beth Sholom Housing
Corporatmon;
WHEREAS, Beth Sholom Sands has requested the Council of the
City of Virginia Beach to adopt a resolution in support of its
request that the General Assembly act in accordance w~th Article X,
§ 6(a) (6) of the Constitution of Virginia to designate the real and
personal property of Beth Sholom Sands as being exempt from state
and local real and personal property taxation;
WHEREAS, Beth Sholom Sands currently owns no real property,
but expects to recezve real property in the City of Vmrginia Beach
with an estimated value of $4,343,500.00 in tax year 1999-2000, and
the taxes on this real property would be approximately $52,990.70
in tax year 1999-2000;
WHEREAS, Beth Sholom Sands owns tangible personal property
assessed at $2,800 in 1999, the taxes upon which are $103.60 zn
1999, but Beth Sholom Sands also expects to receive additional
tangible personal property in the City of Virgznia Beach with an
estimated value of $20,000.00 in 1999 and the taxes on th~s
tangible personal property would be approximately $740.00 ~n 1999;
WHEREAS, pursuant to § 30-19.04 (B) of the Code of Virginia,
the Council of the City of Virginia Beach has properly advertmsed
and conducted a public hearing prior to the adoption of this
resolution, giving all citmzens an opportunity to be heard;
WHEREAS, the provisions of § 30-19.04(B) of the Code of
V~rginia have been examined and considered by the Council of the
City of Virginia Beach; and
WHEREAS, the Council of the City of Virginia Beach ~s of the
opinion that Beth Sholom Sands should be designated a benevolent
organization within the context of § 6(a) (6) of Article X of the
39
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Constitution of Virginia, so that real and personal property
located in the City of Virginia Beach owned by Beth Sholom Sands
and used by it exclusively for benevolent purposes on a nonprofit
basis should be exempt from state and local real and personal
property taxation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Council of the City of Virginia Beach supports the
enactment of legmslation desmgnating Beth Sholom Sands as a
benevolent organization within the context of § 6(a) (6) of Artmcle
X of the Constitutmon of Virginia and exempting from state and
local property taxation real and personal property owned by Beth
Sholom Sands that is located within the City of Vmrgmnia Beach and
used exclusively for benevolent purposes on a nonprofmt basms.
Adopted by the Council of the City of V~rglnla Beach,
Virginia, on the 14th day of December , 1999.
CA-7556
ORDIN~NONCODE[BETHSHOLOMSANDS.RES
R-4
12-08-99
APPROVED AS TO LEGAL
SUFFICIENCY:
epartment oz
A RESOLUTION SUPPORTING LEGISLATION THAT
WILL DESIGNATE REAL AND PERSONAL PROPERTY
OWNED BY MAKE-A-WISH FOUNDATION OF
EASTERN VIRGINIA, INC., AS BEING EXEMPT
FROM STATE AND LOCAL REAL AND PERSONAL
PROPERTY TAXATION
WHEREAS, Make-A-Wish Foundation of Eastern Virginia, Inc.,owns
8 property located in the City of Virginia Beach sublect to ad
9 valorem taxation;
10
WHEREAS, Make-A-Wish Foundation of Eastern Virginma, Inc., has
11 requested the Council of the City of Virginma Beach to adopt a
12 resolution in support of its request that the General Assembly act
13 in accordance with Article X, § 6(a) (6) of the Const_Ltutlon of
14 Virginia to desmgnate the real and personal property of Make-A-Wish
15 Foundation of Eastern Virginia, Inc., as being exempt from state
16 and local real and personal property taxation;
17
WHEREAS, Make-A-Wish Foundation of Eastern V~rginia, Inc.,
18 owns no real property in the City of Virginma Beach, and thus no
19 real estate taxes have been assessed against the organization, or
20 pamd by it in tax year 1999-2000;
21
WHEREAS, Make-A-Wish Foundation of Eastern V~rginma, Inc.,
22 owns tangmble personal property mn the C~ty of V~rginma Beach that
23 was assessed at $6,944.80 mn 1999, and the taxes bmlled on thms
24 tangzble personal property ~n 1999 are $256.96;
25
WHEREAS, pursuant to § 30-19.04 (B) of the Code of Virgmnia,
26 the Council of the City of Virginia Beach has properly advertised
27 and conducted a public hearing prior to the adoption of this
28 resolution, g~ving all citizens an opportunmty to be heard;
29
WHEREAS, the provismons of § 30-19.04(B) of the Code of
30 Virginia have been examined and considered by the Council of the
31 City of Virginia Beach; and
32 WHEREAS, the Council of the City of Virginia Beach is of the
33 opinion that Make-A-Wish Foundation of Eastern Virgmnia, Inc.,
34 should be designated a charitable organmzatlon within the context
35 of § 6(a) (6) of Article X of the Constitution of Virgmn~a; that
36 real and personal property located in the City of Virgznia Beach
37 owned by Make-A-Wmsh Foundation of Eastern Virginia, Inc., and used
38 by it exclusively for charitable purposes on a nonprofit basis
39 should be exempt from state and local real and personal property
40 taxatmon; and that such an exemption should be effective January
41 1,1999.
42
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
43 VIRGINIA BEACH, VIRGINIA:
44
1. That the Council of the City of Virgmnia Beach supports
45 the enactment of legislation designating Make-A-Wish Foundation of
46 Eastern Virginia, Inc., as a charitable organization within the
47 context of § 6(a)(6) of Article X of the Constmtution of Virgmnia
48 and exempting from state and local property taxation real and
49 personal property owned by Make-A-Wmsh Foundation of Eastern
50 Virginia, Inc., that ms located within the City of Vlrginma Beach
51 and used exclusively for charitable purposes on a nonprofmt basis.
52
2. That the Council of the City of Virginia Beach further
53 supports an effective date of January 1, 1999 for such legislation.
54
55
Adopted by the Council of the City of Virgznma Beach,
Virginia, on the 14th day of December , 1999.
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CA-7504
ORDIN\NONCODE[MAKE-A-WISH.RES
R-3
12-08-1999
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Law
- 28 -
Item VI-I.4.
ORDINANCES/RES OL UTIONS
ITEM # 46069
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd ADOPTED:
Ordinance to AMEND andREORDAINsecttons of the Ctty Code,
Chapter 18, re business licenses:
18-2
8-5
18-8
18-102
18 15
18 18
18.20
re definitions
re general requirements
re levy and purpose of taxes
re exclusions and deductions from "gross
receipts"
re dates for application and payment
re proration of tax
re assessment of tax and issuance of license generally
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Absent
None
December 14, 1999
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 18 OF THE CITY CODE
PERTAINING TO BUSINESS LICENSES BY
DELETING OUTDATED LANGUAGE,
INCORPORATING STATE LAW, AND
INCREASING THE PENALTY FOR OPERATING
A BUSINESS WITHOUT A LICENSE.
SECTIONS AMENDED: 18-2, 18-5, 18-8,
18-10.2, 18-15, 18-18 and 18-20
10
11
12
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
13
That Chapter 18 of the City Code is hereby amended and
14 reordained to read as follows:
15 Sec. 18-2. Definitions.
16
Except where the context clearly indicates a different meaning
17 or there is an express provision to the contrary, the following
18 words and phrases, when used in this chapter, shall have the
19 following respective meanings:
2O
Affiliated group:
21
(1) One or more chains of includable corporations connected
22
through stock ownership with a common parent corporation
23
which is an includable corporation if:
24
a. Stock possessing at least eighty (80) percent of
25
the voting power of all classes of stock and at
26
least eighty (80) percent of each class of the
27
nonvoting stock of each of the includable
28
corporations, except the common parent corporation,
29
is owned directly by one or more of the other
3O
includable corporations; and
31
b. The common parent corporation directly owns stock
32
possessing at least eighty (80) percent of the
33
voting power of all classes of stock and at least
34 eighty (80) percent of each class of the nonvoting
35 stock of at least one of the other includable
36
corporations.
37
As used in this definition, the term "stock" does not
38
include nonvoting stock which is limited and preferred as
39
to dividends. The term "includable corporation" means any
4O
corporation within the affiliated group mrrespectmve of
41
the state or country of its mncorporation; and the term
42
"receipts" includes gross recempts and gross income.
43
(2) Two (2) or more corporations mf five (5) or fewer persons
44
who are indmviduals, estates or trusts own stock
45
possessing:
46
a. At least eighty (80) percent of the total combmned
47
voting power of all classes of stock entitled to
48
vote or at least emghty (80) percent of the total
49
value of shares of all classes of the stock of each
5O
corporation; and
51
b. More than fifty (50) percent of the total combined
52
voting power of all classes of stock entitled to
53
vote or more than fifty (50) percent of the total
54
value of shares of all classes of stock of each
55
corporation, taking mnto account the stock
56
ownership of each such person only to the extent
57
such stock ownership is identical with respect to
58
each such corporation.
59
When one or more of the zncludable corporations,
6O
including the common parent corporation, is a nonstock
61
corporation, the term "stock" as used mn this definition
62
shall refer to the nonstock corporation membershmp or
63 membership voting rights, as zs appropriate to the
64 context.
65
Assessment: A determmnation as to the proper rate of tax, the
66 measure to which the tax rate zs applied, and ultimately the amount
67 of tax, including additmonal or omitted tax, that is due. An
68 assessment shall include a written assessment made pursuant to
69 notice by the assessing official or a self-assessment made by a
70 taxpayer upon the filing of a return or otherwmse not pursuant to
71 notice. Assessments shall be deemed made by an assessmng offmclal
72 when a written notice of assessment is delivered to the taxpayer by
73 the assessing offmcial or an employee of the assessing officzal, or
74 mailed to the taxpayer at his last known address. Self-assessments
75 shall be deemed made when a return is filed, or ~f no return ~s
76 required, when the tax ~s paid. A return filed or tax pamd before
77 the last day prescribed by thms chapter or any other provision of
78 law for the filing or payment thereof shall be deemed to be fzled
79 or paid on the last day specified for the filing of a return or the
80 payment of tax, as the case may be.
81
Assessor: The commisszoner of the revenue of the Czty of
82 Virginia Beach.
83
Base year: The calendar year preceding the license year,
84 except for contractors subject to the provisions of § 58.1-3715 of
85 the Code of Virginia, as amended.
86
Business: A course of dealing which requires the tmme,
87 attentmon and labor of the person so engaged for the purpose of
88 earnmng a lmvelihood or profit. It implies a continuous and regular
89 course of dealing, rather than an irregular or isolated
90 transactmon. A person may be engaged mn more than one buszness. The
91 followmng acts shall create a rebuttable presumptIon that a person
92 is engaged in a business: (i) advertzsing or otherwise holding
93 oneself out to the public as being engaged in a particular
94 business; or (ii) filing tax returns, schedules and documents that
95 are required only of persons engaged zna trade or business.
96
Definite place of business: An office or a location at which
97 occurs a regular and continuous course of dealing for thirty (30)
98 consecutive days or more. A definite place of business for a person
99 engaged in business may include a location leased or otherwmse
100 obtained from another person on a temporary or seasonal basms; ~t
101 may also include real property leased to another. A person's
102 residence shall be deemed to be a definite place of business if
103 there is no definite place of business maintained elsewhere and the
104 person is not licensable as a peddler or itinerant merchant.
105
Financial services: The buyzng, sellzng, handling, managing,
106 investing, and providing of advice regarding money, credit,
107 securities, or other investments.
108
Gross receipts: The whole, entzre, total receipts without
109 deduction.
110
111
112
113
1997: The calendar year for whmch a license is issued for the
114 privilege of engaging in business.
115
Professional services: Services performed by architects,
116 attorneys-at-law, certified public accountants, dentmsts,
117 engineers, land surveyors, surgeons, veterinarians, and
118 practitioners of the healing arts (the arts and sciences dealing
119 with the prevention, diagnoszs, treatment and cure or allevzation
120 of human physical or mental ailments, conditions, dzseases, pamn or
121 infirmities) and such occupations, and no others, as the Department
122 of Taxation may list in the BPOL guidelines promulgated pursuant to
123 § 58.1-3701 of the Code of Virginia. The word "profession" mmplles
124 attainments in professional knowledge as dlstlngumshed from mere
125 skill, and the application of knowledge to uses for others rather
126 than for personal profit.
127
Purchases: Ail goods, wares and merchandise received for sale
128 at each defmnite place of business of a wholesale merchant. The
129 term shall also include the cost of manufacture of all goods, wares
130 and merchandise manufactured by any wholesale merchant and sold or
131 offered for sale. A wholesale merchant may elect to report the
132 gross receipts from the sale of manufactured goods, wares and
133 merchandise if it cannot determine the cost of manufacture or
134 chooses not to disclose the cost of manufacture.
135
Real estate services: Providing a service wroth respect to the
136 purchase, sale, lease, rental or appraisal of real property.
137 Sec. 18-5.
General requirements.
138
(a) Every person who, in the City of Vzrginma Beach, engages
139 in any business, trade, professmon, occupation or calling
140 (collectively heremnafter a "business" ) , as defmned in this
141 chapter, unless otherwise exempted by law, shall apply for a
142 license for each such business if (i) the person has a definite
143 place of busmness mn the Cmty of Virginia Beach; (im) there ms no
144 definite place of business anywhere and the person resides in the
145 Cmty of Virginia Beach; or (iim) there is no definite place of
146 business in this ]urisdiction but the person operates amusement
147 machznes or is classified as an itmnerant merchant, peddler,
148 carnmval, circus, contractor sub]ect to § 58.1-3715 of the Code of
149 Virginma, or a publzc service corporation. A separate lmcense shall
150 be required for each definite place of business and for each
151 business. A person engaged in two (2) or more businesses or
152 professions carried on at the same place of business may elect to
153 obtain one license for all such businesses and professions if all
154 of the following criteria are satisfied: (i) each business or
155 profession is licensable at the locatmon and has satzsfied any
156 requirements imposed by state law or other proviszons of the
157 ordinances of the City of Virginia Beach; (ii) all of the
158 businesses or professions are subject to the same tax rate, or, if
159 subject to different tax rates, the l~censee agrees to be taxed on
160 all businesses and professions at the highest rate; and (iii) the
161 taxpayer agrees to supply such information as the commissioner of
162 the revenue may require concerning the nature of the several
163 businesses and their gross receipts.
164
(b) It shall be unlawful for any person to engage in or
165 conduct a business, occupation or profession or do any other thing
166 for which a license tax is required under this chapter, without
167 first obtaining the requmsite license and any tag, sign or other
168 evidence thereof required by this chapter.
169
(c) T~. .... ~^ ' ....... ~^~ A violation of this section
170 shall constitute a Class 2 misdemeanor p ........ b~ by ............
171
~ tm~ ~ ~ $i,000 O0 ~ ~ ~m dal ~f default
......... ~50.00 .... more tn~ ....... . ~ ~
172 o~m~l .... ..... ~t~''~ .... ........ ~~_~c~~f_~~. Any person convzcted of a
173 second violation of this section within less than f~ve (5) years of
174 a previous conviction for a violation of this section shall be
175 quilty of a Class 1 misdemeanor. Conviction of such vmolatmon shall
176 not relmeve any person from the payment of any license tax imposed
177 by this chapter.
178 Sec. 18-8. Levy and purposes of taxes.
179
(a) Effective immcdzatcly and ,,~+il Dcccmbcr 31,~'~
180
181
182
183
184
185
Virg'
186
187
188
(b) (D~~^~ .... ~ cffcct~"^ ~^) Effective January 1, 1997, for
189 each year, beginnmng with the first day of January and ending wzth
190 the thirty-first day of December following, there are hereby
191 ~mposed and levied, and there shall be collected, the annual
192 license taxes and fees set forth in thms chapter, on persons
193 conducting or engaged in businesses, occupatmons or professional
194 employments in the City of Virgmnia Beach, which liccnsc taxcs
195 shall be for the purpose of prov~dzng funds for the operatmon of
196 the city government, the payment of the c~ty debt and for other
197 munzcipal purposes.
198 Sec. 18-10.2 Exclusions and deductions from "gross receipts."
199
(a) Genera/ rule. Gross receipts for license tax purposes
200 shall only include amounts derived from the exercise of the
201 lzcensed privilege to engage zn a bus~ness or profession ~n the
202 ordinary course of business or profession.
203
204
.... ~"~^~ ~ .............. ~- Exclusions and deductions from qross
205 receipts shall be qoverned by the prov~smons of § 58.1-3732 of the
206 Code of Virqinia, which is hereby incorporated by reference, alonq
207 with any future amendments thereto.
2O8
209
~ .......... ~m of Virginia or any ~ "-~--, ezty
-o~ or town for
'~-. %.,~ L L L L L L~ .L .L VV %-. ,~..,4, .L %.,..L .L
210
~m~ '~.4~.4 ..... ~.4~ sal .... tax f~ any local
211
~-~ .... .4~ ~ ...... igarctt ~ for
any .................. es, ~
212
213
214
215
is attributablc to a e ...... ~.4~ prcvicusly ~ ....
216
( 3 ) ~ ......... ,.- ,-.. .... ,,.- ....... ,4 ~'-' by
,&~.,,L ,,L,.,~.........rcprc .... t lng - i ~
....................... grantcd
217
218
.... ~ ....... of a loan ........ t~on mn
219
220
221
222
223 asset.
224
(6) ~^m~s and discounts ~- ~ '
· .~~ .... O** Or rccclvcd on account
225
226
..... ed to induce the ~cipi~nt to purchas~ certain ~m~
227
228
229
considcratmcn of ~
.... salc of goods
230
bc conszdc=~d a ..... c or dzscount to ..... cc
.1. '*,_. ~,_** i .L ~.P I
231
232
~~ .... .4 ' ~ ~~ to the
~ ...... ~th any
233 .4 ....
....... tiro.
235
236
...................... ~, whcther or not a gain v~ 1~v~ is
237
238
( ) ly ~ ~ ' ~"
8 ~ ..... ~-~ ~ ....... ~ ~~t ~lated tv thc pr;~icge
239
240
241
to intcrcst on bank "-~ ....
acco ..... of the buszne~, an5 tv
242
243
invcst~t ~ ~ ...... ~"~ ~ ..... ~ ' and ~~ typc
......................... sc .... tics
244
245
246
247
249 Sec. 18-15. Dates for application and payment.
250 (a)
251
252
253
254
255
........ ~ ......... j~t to a iz ...... t~~**~- ii
256
257
258
259
260
~ ~ffcct~vc .... ua~ t, 1997,
261
eEach_ person ~""'"~'~"""-'~-,..,_.,., requzred to obtain a lzcense
262
tax ~ ..... ~
.... ~ .... by this chapter shall apply for e such
291 Sec. 18-18. Proration of tax.
292
293
294
pc=o~.. ......... =~.=~=~^~ ~ ...... ~ ............ *~ ...... tax ' ~^~u**=~= the proviszons of ~"~
295
296
gros ~**~o~o, gross
297
298
299
3OO
301
302
~ ~¢tcr the first day of July
303
tax
304
305
306
307 ~ .... '~ ..... ~^~ ~ ~ ........ =~=~¢ .... ~** of the l~ccnsc tax
~ f of i year ....
308
309
310 or whore ~..~ ....... ~..~..~ ~f ~..~ license tax is fixed for any~=~'~ ~=~ +~..~
312 or lass.
313 --(-b--)-(a)
date cf~ .... ~ ........
.............. z i, IP~,,~-In_
314 the event any person required to pey obtain a lmcense tax under the
315 provisions of this chapter, the tax for which tax is not measured
316 by gross receipts, gross sales, gross purchases, gross commzssions,
317 gross contracts or orders or graduated in any other way, shall
318 begmn any business, occupation or employment after the first day of
319 January of the license year, the l~cense tax shall be prorated as
11
320 follows: If such business, occupation or employment is begun on or
321 before March 31 of the license year, the full lzcense tax shall be
322 paid; if begun after March 31 and on or before June 30 of the
323 license year, three-fourths of the license tax shall be paid; ~f
324 begun after June 30 and on or before September 30 of the license
325 year, one-half of the license tax shall be pa~d; and ~f begun after
326 September 30 of the license year, one-fourth of the lzcense tax
327 shall be paid; provided, however, that no such lmcense tax shall be
328 subject to such proration where proration is expressly prohibited
329 or where the amount of the lzcense tax zs fzxed for any part of the
330 license year or where the license tax or fee for the whole year
331
fifty dollars ($50.00) or less.
332
~ (b) Regardless of the basis or method of measurement or
333 computation, in the event a person ceases to engage in a business
334 within the city during a year for which a lmcense tax based on
335 gross receipts on a business, trade, profession, occupatmon or
336 calling has already been paid, the taxpayer shall be entitled upon
337 application to the commissioner of the revenue to a refund for that
338 portion of the license tax already paid, prorated on a monthly
339 basis so as to ensure that the license privilege is taxed only for
340 that fraction of the year during which it is exerczsed within the
341 city. In no event shall the czty refund any part of a fiat fee or
342 minimum flat tax.
343 . . .
344 Sec. 18-20. Assessment of tax and issuance of license generally.
345
(a) The commissioner of the revenue shall assess each
346 applicant for a license or other person whom a license is required
347 under thms chapter with a l~cense tax required by this chapter and
348 shall issue a license, signed by him, to such applmcant or other
12
349 person to prosecute the business, employment, profession or thing
350 to be done therein named.
351
(b) Notwithstanding the provision of subsection (a), no such
352 license shall be issued until such applicant has produced
353 satisfactory evidence that all delznquent business license,
354 business personal property, meals, transient occupancy and
355 admissions taxes owed by the business to the cmty have been pamd
356 which have been properly assessed against the applmcant by the
357
358
359
Adopted by the City Council of the Cmty of Virginia
Beach, Virginia, on thms 14th day of December, 1999.
CA-7334
DATA/ODIN/PROPOSED/CHAPTER18. OR
R9
December 6,1999
13
- 29 -
Item VI-I. 5.
ORDINANCES/RESOL UTIONS
ITEM # 46070
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Council ADOPTED:
Ordinance to ACCEPT and APPR OPRIA TE $ 74 7, 283 State funds to the
FY 1999-2000 Operating Budget of the Commumty Servwes Board
(CSB) re services and equipment
Votmg 11-0 (By ConsenO
Counctl Members Voting Aye
Lmwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanar~ Mayor Meyera E Oberndo~, Nancy K Parker, Vtce Mayor
Wtlham D. Sessoms, Jr and A M "Don" Weeks
Counctl Members Voting Nay
None
Council Members Absent
None
December 14, 1999
AN ORDINANCE ACCEPTING AND
APPROPRIATING $747,283 OF STATE
FUNDS TO THE FY 1999-00 OPERATING
BUDGET OF THE COMMUNITY SERVICES
BOARD TO FUND ADDITIONAL SERVICES
AND EQUIPMENT
WHEREAS, the Community Services Board ("CSB") has
8 recemved $747,283 from the Commonwealth of Virginma to enhance
9 various services provided to CSB clients,
10
WHEREAS, the CSB requests that the Cmty Counczl accept
11 and appropriate the additional funding to the CSB's FY 1999-00
12 Operating Budget in the amounts specified for the followmng
13 purposes:
14
(a) $115,982 for 1,707 psychiatrist hours for Mental
15 Health clients;
16
(b) $171,000 for six replacement vans and one new van
17 for Mental Retardation ("MR") clients;
18
(c) $55,372 for additional contracted manpower for MR
19 transportation and administrative services;
2O
(d) $4,100 for MR psychiatric evaluations;
21
(e) $14,300 for the Respite center after school support
22 program;
23
(f) $169,844 for Skillquest facility renovation/upgrade
24 costs;
25
(g) $15,063 for one new Behavior Specialist I position;
26
(h) $14,293 for one new Account Clerk III positmon;
27
(i) $76,932 for contracted manpower to provide emergency
28 nursing services;
29
(j) $58,000 for two new vehicles for new medicaid waiver
30 clients in the Skillquest program; and
31 (k) $52,397 in funding for private providers to use for
32 environmental modifications at group homes serving CSB clients
33 and/or for other necessary expenditures for new consumers; and
34
WHEREAS, an additional 2.0 full-time equivalent positions
35 must be created to provmde the additional services made possmble by
36 this additional revenue.
37
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
38 OF VIRGINIA BEACH, VIRGINIA:
39 1.
That $747,283 is hereby accepted from the
40 Commonwealth of Virginia and appropriated to the FY 1999-00
41 Operating Budget of the Community Services Board in the amounts
42 specifzed and for the purposes as set forth below:
43
(a) $115,982 for 1,707 psychlatrmst hours for MH
44 clients;
45
(b) $171,000 for six replacement vans and one new van
46 for MR clients;
47
(c) $55,372 for additional contracted manpower for MR
48 transportation and administrative services;
49
(d) $4,100 for MR psychiatric evaluations;
5O
(e) $14,300 for the Respite center after school support
51 program;
52
(f) $169,844 for Skillquest facility renovatmon/upgrade
53 costs;
54
(g) $15,063 for one new Behavior Specialist I poslt~on;
55
(h) $14,293 for one new Account Clerk III position;
56
(i) $76,932 for contracted manpower to provide emergency
57 nursing services;
58
(j) $58,000 for two new vehicles for new medicaid waiver
59 clients in the Skillquest program; and
60 (k) $52,397 in funding for przvate providers to use for
61 environmental modifications at group homes serving CSB clments
62 and/or for other necessary expenditures for new consumers.
63
2. That funding for the services and programs described
64 in this ordinance is contingent upon continued state fundmng, and
65 if this funding is reduced or eliminated, then the programs or
66 services, as well as the positmons established to provzde the
67 programs or services, may be reduced accordingly.
68
3. That estimated revenue ~n the CSB's 1999-00 Operating
69 Budget is hereby adjusted to reflect $747,283 in additional revenue
70 from the Commonwealth of Virginia.
71
72
Adopted by the Council of the Cmty of Virginia
Beach, Virgmnia, on the 14th day of December, 1999.
73
74
Requires an affirmative vote by a majority of members of
City Council.
75
76
77
78
CA7545
DATA/ORDIN/NONCODE/CSB$747,283. ord
R3
DECEMBER 4, 1999
79
80
81
82
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFF I C I ENCY
Item VI-I. 6.
- 30-
ORDINANCES/RESOL UTIONS
ITEM # 460 71
Upon mo.on by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Councd ADOPTED:
Ordtnance to TRANSFER $39,000 wtthtn the Police Department's FY
1999-2000 Operating Budget re replacement scales for their Motor
Carrier Safety Unit
Votmg' 11-0 (By ConsenO
Counctl Members Vottng Aye
Llnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, .Ir,
Harold Hetschober, Barbara M Henley, Louts R .Iones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor
Wtlham D Sessoms, dr andA 34. "Don" Weeks
Counctl Members Votmg Nay'
None
Counctl Members Absent
None
December 14, 1999
AN ORDINANCE TO TRANSFER $39,000
WITHIN THE POLICE DEPARTMENT'S FY
1999-00 OPERATING BUDGET FOR THE
PURPOSE OF PURCHASING REPLACEMENT
SCALES FOR THE MOTOR CARRIER SAFETY
UNIT
WHEREAS, the scales used by the Police Department's Motor
8 Carrmer Safety Unit to enforce weight lmmltatlons on commercmal
9 motor vehicles need to be replaced for the Unzt to continue
10 enforcement of weight restrictmons;
11
WHEREAS, revenue collected from the use of the scales to
12 enforce weight restrictzons ms suffmcment to cover the amortized
13 cost of the scales as well as all other costs assocmated wmth the
14 operation of the Unit; and
15
WHEREAS, funds are available from salary vacancies w~thin the
16 Police Department's FY 1999-00 Operating Budget to allow for the
17 purchase of twelve (12) replacement scales
18
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA,
2O
That $39,000 is hereby transferred within the Polzce
21 Department's FY 1999-00 Operating Budget for the purpose of
22 purchasmng replacement scales for the Motor Carrier Safety Unit.
23
24
Adopted by the Councml of the City of Vlrgmnia Beach,
Virginia, on the 14th of D~c~mh~r , 1999.
25
26
27
28
CA7554
ATY/ORDIN/NONCODE/MOTORCARRIER. ORD
R-3
DECEMBER 3, 1999
29 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
31 Management Servlces~ ~
- 31 -
Item VI-L ?.
ORDINANCES/RES OL UTIONS
ITEM # 460 72
The followtng regtstered tn SUPPORT:
Louts Haddad, CEO - Armada Hoffler Hol&ng Company for Introductton and Overvtew Presentatton of
the Central Bustness Dtstrtct ProJect
Burl Saunders, Archttect- CMSS, Central Bustness Dtstrtct ProJect
Gerald Dtvarts, Dtvarts Real Estate, Partners wtth Armada Hoffler relattve the CBD Prqlect
Sanford Cohen, 2424 Cape Arbor Drtve, Phone 496-8616, Prestdent- Central Bustness Dtstrtct
Brtan Wtnfield, 1348 Harrts Road, Phone 486-4934
The followtng regtstered tn OPPOSITION:
Carolyn Ltncoln, 12 Sutheby Court, Phone 486-4934, represented Counctl of Ctvtc Orgamzattons, and
requested ttme for educatton of the ctttzens relative the Vtston
Robert Dean, 1204 Shawn Drtve, Phone 426-6606, Prestdent of the Citizens Actton Coahtton, spoke as
a ctttzen andpresented a hst ofquesttons to Ctty Counctl
Mtke Arsuaga, 1704 Woodchff Ctrcle, Phone 721-7841
Upon motton by Counctlman Jones, seconded by Counctl Lady McClanan, Ctty Counctl ADOPTED, AS
REVISED:
Resolutton to authortze the development of project documents tn
conjunctton with the Ctty of Vtrgtnta Beach Development Authority re
a Central Bustness Dtstrtct (CBD) ProJect known as "The Town Center
of Virginia Beach"
Vottng 9-1
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Harold Hetschober, Barbara
M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf Nancy K Parker and Vtce Mayor Wtlham D Sessoms, Jr
Counctl Members Vottng Nay
A M "Don" Weeks
Council Members Abstatmng
Wtlham W Harrtson, Jr
Counctl Members Absent
None
Counctlman Harrtson ABSTAINED as hts law firm provtdes legal servtces to Armada Hoffler
December 14, 1999
1
2
3
4
5
6
7
8
9
10
11
12
13
RESOLUTION APPROVING A NON-BINDING
MEMORANDUM OF UNDERSTANDING,
RECOMMENDING THE APPROVAL AND
EXECUTION BY THE CITY OF VIRG1NIA
BEACH DEVELOPMENT AUTHORITY OF A
NON-BINDING MEMORANDUM OF
UNDERSTANDING AND AUTHORIZING THE
DEVELOPMENT OF PROJECT DOCUMENTS IN
CONJUNCTION WITH THE CITY OF VIRGINIA
BEACH DEVELOPMENT AUTHORITY FOR A
CENTRAL BUSINESS DISTRICT PROJECT
KNOWN AS "THE TOWN CENTER OF VIRG1NIA
BEACH"
14
15
WHEREAS, the purpose of the B-3 Central Bus~ness D~stnct is to set apart that
port~on of the C~ty of Vlrgima Beach (the "City") which forms the metropohtan center for financial,
16 commercial, professional and cultural activities, including bus~ness, professional and cultural
17 development in a manner that complements the B-3A Pembroke Central Business Core District and
18 the policies ~dent~fied ~n the City's Comprehensive Plan;
19
WHEREAS, the purpose of the B-3A Pembroke Central Business Core D~stnct ~s to
2 0 optimize development potential for a mixed-use, pedestrian-oriented, urban activity center with m~d-
2 1 to high-rise structures that contain numerous types of uses, including bus~ness, retml, residential,
2 2 cultural, educational and other pubhc and private use,
23
WHEREAS, the B-3A d~stnct ~s intended to comprise pubhcly accessible commumty
24 open space areas, generally reflective of the concepts identified in the C~ty's Comprehensive Plan
25 and the Pembroke Central Business District Master Plan
26
WHEREAS, on November 23, 1999, the City Council adopted Ordinance No. 99-
2 7 2567B establishing the Central Business D~stnct-South Tax Increment Financing Fund ( the "TIF
28 Fund");
29
WHEREAS, on behalf of the City and the C~ty of Vlrgima Beach Development
30 Authority (the "Authority"), the City Manager and City staff have been involved recently ~n
31 negotiations w~th representatives of Armada/Hoffier Development Company, L.L.C., and ~ts
3 2 affihates (collectively, the "Developer"), regarding the development of a Central Bus~ness D~stnct
33 Project known as "The Town Center of Vlrglma Beach" (the "Project");
34
WHEREAS, the ProJect would be an ~nvestment partnership between the Authority
35 and the Developer for a m~xed use commercial development utfl~mng the structure of an economic
3 6 development park in the Central Business District with the first phase of the Project to serve as the
3 7 catalyst for the development of such a park by the Authority;
38
WHEREAS, a non-binding Memorandum of Understanding dated December 9, 1999,
3 9 has been developed for the Project which outlines the Project and the proposed responsibilities of
4 0 the City, the Authority and the Developer, a complete copy of which is on file with the City Clerk
41 (the "MOU"),
42
WHEREAS, the obligations of the Authority outlined in the MOU would be
43 supported by a support agreement between the City and the Authority (the "Support Agreement")
44 with the traditional public infrastructure costs of the ProJect to be funded through the City's CIP and
4 5 other obligations of the Authority structured to be paid, subject to annual appropriation, by the
4 6 available revenue from the TIF Fund and a special tax district to be established,
47
WHEREAS, the City Council finds that the proposed Project will stimulate the City's
4 8 economy, increase public revenues, enhance public amenities and further the City's development
4 9 objectives for the Central Business D~stnct; and
5O
WHEREAS, the City Council desires that the Authority approve and execute the
5:1_ MOU and pursue the development of Project Documents to be negotiated in substantial conformity
52 to the terms outlined in the MOU.
53
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
54 VIRGINIA BEACH, VIRGINIA,
55
1. The City Council approves the non-binding Memorandum of Understanding
56 dated December 9, 1999, a complete copy of which is on file with the City Clerk (the "MOU"),
which outlines an investment partnership between the City of Virginia Beach Development
58 Authority (the "Authority") and Armada/Hoffier Development Company, L L.C., and/or its affiliates
5 9 (the "Developer"), for the development of a mixed-use commercial development project In the
60 Central Business District utilizing the structure of an economic development park (the "Project"),
and the proposed responsibilities of the City, the Authority and the Developer.
62
2. The City Council recommends that the Authority adopt a Resolution
63 approving the MOU, authorizing its execution and authorizing the City Manager and the City
64 Attorney, on behalf of the Authority, to proceed with the development of project documents
("Project Documents") necessary and appropriate for the Project, with the Project Documents to be
6 6 in substantial conformity to the terms outlined ~n the MOU.
67
3. On behalf of the City of Virginia Beach, the City Manager and the City
6 8 Attomey are hereby authorized and directed to proceed with the development of Project Documents
6 9 necessary and appropriate for the ProJect, including a support agreement between the City and the
? 0 Authority supporting the Authonty's obligations outlined in the MOU (the "Support Agreement"),
? 1 with the Project Documents to be in substantial conformity to the terms outlined in the MOU.
72
4 The City Manager is directed to return the final Project Documents for
73 approval of the Project by the City Council and the Authority and for authorization to execute the
74 Support Agreement so that the Authority can then proceed w~th the Project.
75
Adopted by the Council of the City of Virginia Beach, V~rgima, on the 14th day of
7 6 December, 1999.
77
78
79
80
81
CA7558.res
I' \DataXATY\O~dm\NONCODE\ca7558 ~es2 wpd
Date Prepared December 10, 1999
APPROVED AS TO CONTENT'
Finance Department
82
APPROVED AS TO LEGAL SUFFICIENCY.
83
84
85
City Attorney
- 32-
Item VI-I. 8
ORDINANCES/RES OL UTIONS
ITEM # 460 73
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Resolutton to request the General Assembly and Governor of the
Commonwealth of Vtrgtnta adopt and approve proposed legislation re
extendtng the extstence of the Southeastern Pubhc Servtce Authortty
(SPSA) and wtthdrawal of tts member locahttes
Vottng 10-0 (By Consent)
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Harold Hetschober, Barbara
M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
A M "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Abstatntng
Wtlham W Harrtson, Jr
Counctlman Harrtson ABSTAINED as hts law firm provtdes legal servtces to the Southeastern Pubhc
Servtce Authority
December 14, 1999
A RESOLUTION REQUESTING THE GENERAL
ASSEMBLY AND GOVERNOR OF THE
COMMONWEALTH OF VIRGINIA TO ADOPT
AND APPROVE PROPOSED LEGISLATION
PROVIDING FOR THE EXTENSION OF THE
EXISTENCE OF THE SOUTHEASTERN PUBLIC
SERVICE AUTHORITY AND FOR THE
WITHDRAWAL OF ITS MEMBER LOCALITIES
WHEREAS, the City of Virginia Beach is a member of the
10 Southeastern Publmc Service Authority of Virginia ("SPSA"), an
11 auhhormty created pursuant to the Virginma Water and Waste
12 Authorities Act (the "Act") , and
13
WHEREAS, Section 15.2-5114 of the Code of Virginia
14 provides that an authority created under the Act shall exmst for a
15 term of fifty (50) years from its creatmon, sublect to further
16 extensions by unanmmous action of its member localmtmes; and
17
WHEREAS, SPSA was created under the Act on January 24,
18 1973, and its statutory life will expire on January 23, 2023; and
19
WHEREAS, it is prudent and necessary for SPSA to now
20 undertake such planning and other measures as may be required to
21 enable SPSA to continue to provide services mn the future to those
22 of its member localities, and their citizens, who may desire to
23 receive such services from SPSA beyond the terms of SPSA's exmsting
24 agreements with its member localitmes for services, and beyond the
25 expiration of SPSA's statutory life under the Act; and
26
WHEREAS, SPSA is unable to properly plan for the
27 provision of those future services, or to economically finance the
28 costs of providing those future services and the costs of providmng
29 the services which mt is already committed to provide, without the
30 elimination of the limit upon its statutory lmfe that now exists
31 under the Act; and
32
WHEREAS, Section 15.2-5112 of the Code of V~rgmnma
33 further provides that a member of an authority created under the
34 Act may not withdraw from that authority if the authority has
35 outstanding bonds unless (i) those bonds have been paid or advance
36 refunded in full, or (ii) the holders of those bonds unanimously
37 agree to the locality's withdrawal, and neither (1) or (ii) is
38 practicable for an authority's continued effzcient management of
39 its debts and obligations; and
4O
WHEREAS, Section 15.2-5112 would in practice prevent a
41 member of SPSA from withdrawing from the authority as long as SPSA
42 has outstanding bonds, even if that locality has no outstanding
43 contractual obligation for the use of SPSA's services or any
44 obligation, contractual or otherwise, for the repayment of that
45 outstanding debt; and
46
WHEREAS, the City of Virginia Beach believes it is
47 important to SPSA and its members to support the amendment of
48 certain provisions of the Act to eliminate the limitations and
49 restrictions described above ~n order to ensure the efficient and
50 economical operation of the authority for continued servmce to ~ts
51 members and the public, mncluding such continued service to the
52 City as it may independently determine to contract for or receive
53 in the future.
54
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
55 OF VIRGINIA BEACH, VIRGINIA:
56
That the City of Virginia Beach:
57
1. Approves and endorses legislation which would amend
58 the Code of Virginia in certain respects in the form attached to
59 this Resolution;
6O
2. Urges approval of the proposed legislation by the
61 members of the V~rginia General Assembly representing the citizens
62 of thms locality; and
63 3. Requests that the General Assembly and the Governor
64
of the Commonwealth of Virginia adopt and approve the proposed
65 legislation in the form attached hereto.
66
Adopted by the Council of the City of Virginia
67 Beach, Virginia, on the 14th day of December
, 1999.
68 CA-7557
69 WMM/ORDRES/SPSA.res
70 RI
71 December 7, 1999
72
APPROVED AS TO CONTENT:
73
74
Public Wor e Management
75
76
77
78
79
APPROVED AS TO LEGAL
SUFFICIENCY:
Law Department
SPECIA_L LEGISLATION FOR SPSA
WHE~S, the cities of Chelae, ixanklin, 1%ffolk, Vommouth, S~ ~
V~ B~ ~d ~ ~fies oflsk of Wi~t ~ Sou~pwn ~ve ~~f~e ~d ~e
2e V~ ~a~r ~ Wg A~ofiges ~ C~~ 51, Ti~ 15.2, ~ of~u~% 1950
~~~ (~ "A~3 for ~ ~~ of ~~g ~ ~e ~si~ ~~ ~~~o~
op~~ ~d ~~c~ of a ~~0 ~ ~ ~~on ~ ~o~ ~m.
WI~REAS, section 15~2-5112 oftbc Code of¥irginia, 1950, as ~ provides *~t
no locality mey withdraw fi~om any authority, cteat~ pursuant to the Aat, tha: has OtlLstanding
bonds without thc Ullaldmnt~ COIl~t Of lgJ of the holders of such bonds unless all such bonds
have bccn pa/d or cashcd or United S~mea Sovemmcnt obligations have been deposited for their
WHEREAS, seotion 15.2-5114 of the Code of Yk~nia, 1950, as s,v,e,,,~; p~ that
authorizes created pursuaut ~o the Act umy exist fo~ a tmriod of 50 years; ami
WI-~-~A$, the localities comprising the membership of the Authority for operational,
financial aud suategic planning purlx~scs desire to extend the life of the Authority indefinitely
and allow for the withdrawal of members mi any fi'ne, ~dthout r~gard to any ~ding bonds
issued by the Authorivy.
Be it ~ bl/the C.~*neral Azsembly of¥tr~inia:
§ 1. The $outheasm~ Public Service Authority of Virginia formed by lhe cities of
Che. sa~, Fr~n{din: Norfolk, Po~mouth, Suffolk and Virg/uia Beach and the counties of Islc
of Wight and So_mh~mpmn pt~uaut u~ thc Virgin/a Water and War, c Authorities Act, Chapter
51, Tide 15.2, Code of Virgin/a, 1950, as amcudod, shall have perpe~ succcssion and mhall
confinuc in existrace until dissolved pursuaut to Section 15a2-510 of thc Codc ot'Virgin/a.
§2. Any locality which is a mcmbcr of tho Authority m~y withdraw therefrom,
whcthcr or not there arc any ou~andinil bonds of the Authority, pwvided, however, all
.obligations to thc Authority incurred by a localky while tho locality, was a member shall
in full forr~ and =fi'cot following its withdrawal.
§3. The gover~i-g body' of any locality wishLug to wi~w fzom thc Authority shall
signi~ its desire by resolution or ordL-mnce. The resolution or ord]nance for ~ilharawal of a
member locali~ of the AuthoriD' shall be advertised ia accara,-~ with Section 15.2-510~ of the
Code of V'~a. Upon adoption or approval of the ordins.~ee or resolution of withdrawal, the
t~over-~-~ body of the locality seeking to ~ithd.,aw fi'om the AuthoritT sh,,l! file a notice of
withdrawal with ~h¢ Stale Corporation Cor-,~ission. The notice of withdrawal from thc
Au~horitT shall be executed by the prop= officcts of the withdrawin~ locality uudcr its official
scsi, and Shs~! be joined in by the proper officers ofthc ~ovcr~,~g board ofthe Autho~.
§4, If tim Stale Corporation Commission 6nds that the notie~ of withdrawal oonfo _rms
to thc rcquixzmcnts above, it shall aclmowledg¢ th~ noti~ of withdrawal. At mob time as the
Sh~ Corporation Commission aclmowlcd~ca th~ notice of withdrawal it shall isme to the
withdruwi~ locality and to thc ,authority a cergficate of wi',hdrawal al~tched to the notice of
withdrawal Tim withdrawal ahall become ¢~ve, and thc terms of office of the board
mcmbers reprcmnting the locality withdrawing from the AuthorlU shall ~erminate. upon thc
issuin~ of s~h e.,crlificate.
1-2762~$.]
- 33 -
Item VI-L9.
OP~INANCES/RESOL UTIONS
ITEM # 46074
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, City Councd APPROVED:
Trustee Tax Refunds
213.44
Tax Refunds $6,165.88
Voting' 11-0 (By Consent)
Councd Members Voting Aye'
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts I~ Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor
Wdham D. Sessoms, Jr. and A M "Don" Weeks
Councd Members Votmg Nay
None
Councd Members Absenr
None
December 14, 1999
FORM NO C A 8 REV 3/88
AN ORDINANCE AUTHORIZING TRUSTEE TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for trustee tax refunds, upon cerbficabon
of the Commissioner of the Revenue are hereby approved
NAME TRUSTEE TAX DATE BASE INTEREST TOTAL
~ YEAR PAID
Grace & Sarah tL~m~ted
April & June, 1999 6118199 & 8/18/99 213 44 213 44
Th~s ordinance shall be effecbve from date of
adopbon
The above abatement(s) totaling
C~ty of Vlrg~ma Beach on the
$213 44
14th
CommIssIoner of the Revenue
C~ty Attorney
were approved by the Council of the
day of December ,19 99
Ruth Hodges SmIth
C~ty Clerk
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for tax refunds upon certification of the Treasurer are hereby approved
Tax Type Ticket Exoneration
NAME Year of Tax Number Number
Date
Prod Penalty Int. Total
Albntton, William 1998
Albntton, Wflham 1998
Albntton, William 1997
Albntton, William 1997
Albntton, William 1996
Albntton, William 1996
Capps, Judy 2000
Murden, Philip W Jr & Connie 1999
Murden, Philip W Jr & Connie 1999
Murden, Philip W Jr & Connie 1999
Murden, Philip W Jr & Connie 1999
Murden, Philip W Jr & Connie 1999
Murden, Philip W Jr & Connie 1999
Pizza Hut of America, Inc 1999
Pizza Hut of America, Inc 1999
Hill, David B Jr 1999
Shelburne Woods 1998
Shelburne Woods 1998
North American Mortgage Co 1999
Bayvflle Farms Associates 1999
Bayvflle Farms Associates 1999
C & F Enterprises 1999
Escobar, Rogeho A & Merle M 1999
Young, Walter Lee 1999
Rapier, Don R & Esther M 1999
Rapier, Don R & Esther M 1999
Canglalosl, Faith M 2000
Deegan, Robert F 2000
Brown, Mary 2000
Snyder, Derek R 2000
Toyota Motor Credit Corp 1999
Williams, Donna 1999
Brfllante, Roy A 1995
Tapla, Henry E 1995
RE(l/2) 98-001363-2
RE(2/2) 98-001363-2
RE(l/2) 97-001300-9
RE(2/2) 97-001300-9
RE(l/2) 96-001317-1
RE(2/2) 96-001317-1
RE(l/2) 00-019548-9
RE(l/2) 99-950038-4
RE(l/2) 99-960047-2
RE(1/2) 99-140479-8
RE(l/2) 99-940039-4
RE(l/2) 99-980049-8
RE(l/2) 99-970047-1
RE(1/2) 99-097400-4
RE(2/2) 99-097400-4
RE(2/2) 99-055671-4
RE(l/2) 98-110681-6
RE(2/2) 98-110681-6
RE(l/2) 99-113601-6
RE(l/2) 99-008129-1
RE(2/2) 99-008129-1
RE(2/2) 99-018092-3
RE(l/2) 99-037349-4
RE(2/2) 99-139266-7
RE(l/2) 99-100626-4
RE(2/2) 99-100626-4
Animal License #V06178
Animal License #V07476
Animal License #VI 1264
Animal License #V 12004
Parking Ticket #C46328
Parking Ticket #C62118
PP(2/2) 95022468283
PP(2/2) 95023009161
12/05/97 73 20
12/05/97 73 20
12/05/96 73 20
12/05/96 73 20
12/04/95 71 28
12/04/95 71 28
09/14/99 55 98
06/05/99 229 46
06/05/99 223 76
06/05/99 174 08
06/05/99 244 87
06/05/99 194 85
06/05/99 213 58
12/05/98 20 07
12/05/98 70 59
05/26/99 625 03
12/05/97 959 02
06/05/98 1813 69
05/13/99 25 04
11/13/98 172 66
06/05/99 172 66
06/05/99 20 45
11/18/98 77 34
05/24/99 78 24
11/30/98 43 55
06/05/99 43 55
11/04/99 8 00
11 / 16/99 2 00
11/23/99 10 O0
11/02/99 10 O0
09/24/99 20 00
09/21/99 25 00
07/20/99 10 00 30 77 129 09
09/03/99 4 65 16 75 67 96
TOTAL:
$6,165.88
This ordinance shall be effective from date of adoption
The above abatement(s) totaling
were approved by
the Council of the City of Virginia Beach
onthe 14t;h dayof December:
Ruth Hodges Smith
C~ty Clerk
John T ' ~
Approved as to form
L'~slle L Lflley, City Attorney
- 34 -
Item V-d.
PLANNING
ITEM # 46075
PLANNING
1. CORNELIUS F. BO YNTON, JR., ANTONINA BO YNTON,
LOPE B. PILE AND MERCY PILE
STREET CLOSURE
AND
CONDITIONAL USE PERMIT
2. ROBERT STEINHILBER AND
HERBER T A. CULPEPPER
VARIANCE
AND
CONDITIONAL USE PERMIT
3. CHAR TER BEHAVIORAL HEAL TH
SYSTEM OF VIRGINIA BEACH
CONDITIONAL USE PERMIT
4. M & G ASSOCIATES
T/A L YNNHA FEN DR Y STORA GE MARINA
CONDITIONAL USE PERMIT
5. VIRGINIA BEACH MARLIN CLUB, INC.
CONDITIONAL USE PERMIT
6. TELBELE BROTHERS, L.L.C.
CONDITIONAL USE PERMIT
7. CITY OF VIRGINIA BEACH
AMEND Comprehensive Plan
re shoreline erosion and access
AND,
AMEND CZO r e parking garages
December 14, 1999
Item V4.
- 35 -
PLANNING
ITEM # 46066
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd APPROVED IN ONE
MOTION Items I(DEFERRED), 3 (REVISED), 4, 7a and 7b (DEFERRED) of the PLANNING BY
CONSENT AGENDA.
Item 1 was DEFERRED INDEFINITEL Y, BY CONSENT
Item 3 was APPROVED, WITH REVISED CONDITIONS, BY CONSENT.
Item 7b was DEFERRED, BY CONSENT, untd the Ct~y Councd Session of January 4, 2000
Vottng. 11-0
Councd Members Voting Aye.
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Votmg Nay'
None
Counctl Members Absent
None
Counctl Lady McClanan voted a VERBAL NAY on Item 3.
December 14, 1999
Item V-J. 1
- 36-
PLANNING
ITEM # 46067
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, City Council DEFERRED
INDEFINITELY Ordinances upon apphcatton of CORNELIUS F. BO YNTON, JR., ANTONINA
BOYNTON, LOPE B. PILE and MERCY PILE for the Dtsconttnuance, closure and abandonment of a
portton of Jersey Avenue and a Condtttonal Use Permtt
Apphcatton of Cornehus F Boynton, Jr, Antontna Boynton, Lope B Pde
and Mercy Ptle for the Dtsconttnuance, closure and abandonment of a
portton of Jersey Avenue begtnntng at its Northern termtnus and running
tn a Northerly dtrectton to the Southern boundary of Vtrgmta Beach
Boulevard Satd parcel ts variable tn width and contams 5607 square feet
ORDINANCE UPON APPLICATION OF CORNELIUS F BOYNTON,
JR., ANTONINA BOYNTON, LOPE B PILE and MERCY PILE FOR A
CONDITIONAL USE PERMIT
Ordmance upon apphcatton of Cornehus F Boynton, Jr, Antontna
Boynton, Lope B Pile and Mercy Pde for a Condtttonal Use Permit to
replace the CUP approved September 28, 1999, for automobde sales and
servtce at the Southeast corner of Vtrgmta Beach Boulevard and North
Wttchduck Road (5085 Vtrgtnta Beach Boulevard), contatnmg 21,667
square feet KEMPSVILLE- DISTRICT 2
Voting' 11-0
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W. Harrison, Jr,
HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor
Wtlham D Sessoms, Jr andA M "Don" Weeks
Councd Members Vonng Nay
None
Council Members Absent
None
December 14, 1999
I
PLANNING
-37-
ITEM # 46068
Attorney R E Bourdon, Pembroke One, 5th Floor, Phone 499-8971, represented the apphcant and requested
DEFERRAL to review the alternattve subdtvtston design of &emon and Larsen and tncorporate same tnto
stte plan
&emon & Larsen revtewed the layout proposed by the apphcant "Robert Steinhilber and Herbert A
Culpepper" and offered an alternative subdivision design The revtew would be conststent wtth the stated
objecttves of the Ctty's zomng ordtnance and Comprehenstve Plan for the area and utthze rural planmng
prtnctples betng developed for the Southern Watersheds A concept of alternate subdtvtston plans was
developed to successfully achteve the Ctty's pohcy objecttves for the Pungo/Blackwater area, protect
equtttes for the landowner and those of hts netghbors, and begtn to advance through tllustratton the sttll-to-
be-fully-arttculated planntng goals emergtng through the Southern Watershed Area Management Plan
(SWAMP) process sponsored by the Hampton Roads Planmng Dtstrtct Commtsston
Upon motton by Counctl Lady Henley, seconded by Vtce Mayor Sessoms, Ctty Councd DEFERRED
INDEFINITELY Ordtnances upon apphcatton of ROBERT STEINHILBER and HERBERT A.
CULPEPPER to develop a plan conformtng wtth the City's ordtnance and then submtt satne for revtew by
the Planmng Staff who wtll then prepare thetr recommendatton for the Ctty Councd
AND,
Appeal to Dectstons of Admtmstrattve Officers tn regard to certain
elements of the Subdtvtston Ordtnance, subdtvtston for Robert Stetnhtlber
& Herbert A Culpepper Property ts located at the southwest tntersectton
of Blackwater Road and Blackwater Loop (GPIN #1389-72-5323, 1t1389-
71-530 7, itl 399-00-04 78) PRINCESS ANNE - DISTRICT 7
ORDINANCE UPON APPLICATION OF ROBERT STEINHILBER &
HERBERT A CULPEPPER FOR A CONDITIONAL USE PERMIT FOR
AN AL TERNA TIVE RESIDENTIAL DEVELOPMENT
Ordtnance upon apphcatton of Robert Stetnhtlber & Herbert A Culpepper
for a Condtttonal Use Permtt for an alternattve restdenttal development on
certatn property located at the southwest tntersectton of Blackwater Road
and Blackwater Loop (GPIN #1389- 72-5323, #1389- 71-530 7, itl 399-00-
0478) Satd parcel contatns 301 acres PRINCESS ANNE - DISTRICT 7
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf,, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Absent
None
December 14, 1999
- 38-
Item
PLANNING
ITEM # 46069
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of CHARTER BEHAVIORAL HEAL TH SYSTEM OF VIRGINIA BEACH
for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF CHARTER BEHAVIORAL
HEALTH SYSTEM OF VIRGINIA BEACH FOR A CONDITIONAL USE
PERMIT FOR AN OFFICE BUILDING WITH A DINING ROOM FOR
STAFF ONLY R012993008
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Charter Behavtoral Health System of
Vtrgtnta Beach for a Condtttonal Use Permtt for an office butldtng with a
dtntng room for staff only on the south stde of Wtll-O- Wtsp Drtve, east of
Ftrst Colomal Road (GPIN #2408-63-9112, #2408-62-6959) Satd parcel
ts located at 1701 Wtll-O- Wtsp Drtve and contatns 7 acres L YNNHA VEN-
DISTRICT 5
The followtng condtttons shall be reqmred
1 There shall be no extertor stgn tdenttfytng the cafeterta
The dumpsters and shed shall be screened from Wtldwood Drive
and Ltndsley Drtve with a stx- foot (6') tall prtvacy fence wtth
Category I landscaptng on the outstde of the fence
3 All anctllary vehicles used during recent constructton work and
excess butldtng matertals shall be removed from the stte
4 There shall be no garbageptck up or truck dehvertes to thts stte
before 7 30 a m or after 6 O0 p m
5 Conchttons #2 and #3 shall be met prtor to use of the cafeterta
Condtttons #1 and g4 are on-gotng
These Ordtnances shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordinance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Fourteenth of December, Ntneteen
Hundred and Ntne_ty-Ntne
Vottng 10-1 (By Consent)
Council Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Mayor Meyera
E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
A M "Don" Weeks
Counctl Members Vottng Nay
Reba S McClanan
Counctl Members Absent
None
December 14, 1999
Item V-J. 4.
- 39-
PLANNING
ITEM # 460 70
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of M & G ASSOCIATES, T/A L YNNHA VEN DR YSTORA GE MARINA for
a Conchttonal Use Permtt
ORDINANCE UPON APPLICATION OF M&G ASSOCIATES, T/A
LYNNHAVEN DRY STORAGE MARINA FOR A CONDITIONAL USE
PERMIT FOR A MARINA (DRY STORAGE BOATEL)RO12993009
BE IT HErB Y ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of M & G Assoctates, T/A Lynnhaven Dry
Storage Martna for a Condtttonal Use Permtt for a martna (d~_ storage
boatel) on the East stde of West Great Neck Road, South of Lynnhaven
Drtve (GPIN #1499-38-5673) Satd parcel ss located at 2150 West Great
Neck Road and contatns 7 38 acres DISTRICT 5 - LYNNHA VEN
The followtng condtttons shall be requtred
1 Trees shall be tnstalled as follows
a Ltve Oak trees shall be planted on both stdes of the
vehtcular entrance to the stte from West Great Neck
Road, as shown on the stte plan addendum, entttled
"L D S M Reconstructton Stte Plan ", dated October 20,
1999
Evergreen trees (spectes to be submttted to the Dtrector
of Planntng for approval prtor to planttng) shall be
tnstalled tn the strtp between the parktng lot area and
West Great Neck Road between the extsttng Crape
Myrtle trees
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Or&nance
Adopted by the Council of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Fourteenth of December, Ntneteen
Hundred and Ntnety-Ntne
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Councd Members Voting Nay
None
Counctl Members Absent
None
December 14, 1999
PLANNING
- 40-
ITEM Pt 460 71
Attorney R E Bourdon, Pembroke One, 5th Floor, Phone 499-8971
Upon motton by Counctlman Branch, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED an
Ordtnance upon Apphcatton of VIRGINIA BEA CH MARLIN CLUB, INC.,for a Condtttonal Use Perm tt
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH MARLIN
CLUB, INC FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL
MARINA R012993010
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of Vtrgtnta Beach Marhn Club, Inc, for a
Condtttonal Use Permtt for a commerctal manna on Block 30, Shadow
Lawn Heights (GPIN Pt2427-02-9112) Satd parcel ts located at 308
Medtterranean Avenue and contatns 6,050 square feet DISTRICT 6 -
BEACH
The following conchttons shall be requtred
The con&ttonal use permtt shall be hmtted to stx (6) boat shps,
as shown on the submttted plan tttled "SITE PLAN, INLET
STATION YACHT BROKERAGE," prepared by Gallup
Surveyors &Engtneers, LTD, dated 10 June 1999
All required landscaptng shall be tn accordance wtth Sectton 5A
of the &te Plan Or&nance A vartance to the requtrements may
be granted durtng detailed stte plan revtew
A permit for the martna must be obtatned from the Vtrgtnta
Department of Health, Office of Envtronmental Servtces, Martne
Programs
Thts Ordtnance shall be effecttve tn accordance wtth Sectton 107 O0 of the Zomng Or&nance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Fourteenth of December, Ntneteen
Hundred and Ntnety-Ntne
Vottng 11-0
Counctl Members Vottng Aye
Lznwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Absent
None
December 14, 1999
- 41 -
Item V-J. 6.
PLANNING
ITEM # 460 72
Rtchard Grtmstead, 411 ]5th Street, Phone 425-5309, represented the apphcant
Upon motton by Counctlman Branch, seconded by Vtce Mayor Sessoms, Ctty Counctl DEFERRED
INDEFINITEL Y an Ordtnance upon apphcatton of TELBELE BROTHERS, L.L. C., for a Condtttonal Use
Permtt
O~INANCE UPON APPLICA TION OF TELBELE BR O THERS, L.L. ¢.,
FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FA CILITY
Or&nance upon apphcatton of TELBELE BROTHERS, L L C, for a
Condtttonal Use Permtt for a recreattonal factht_¥ of an outdoor nature
(Putt-Putt Golf Course) at the Southwest corner of Atlanttc Avenue and
18th Street (GPIN #242 7-05-7420) Satd parcel contatns 5, 760 square feet
DISTRICT 6 -BEA CH
Thts deferral wtll allow recetpt of documentatton concerntng the abtltty of the roof to adequately support
the wetght of the facthty and tts patrons
Vottng 6-4
Counctl Members 17ottng Aye
Ltnwood 0 Branch, III, Harold Hetschober, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham D
Sessoms, Jr
Counctl Members Voting Nay
Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley and A M
"Don" Weeks
Counctl Members Abstatntng
Nancy K Parker
Counctl Members Absent
None
Counctl Lady Parker ABSTAINED as the apphcant ss a chent of Parker Pools
December 14, 1999
- 42 -
Item VI4. 7. a.
PLANNING
ITEM ii 460 73
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordtnance to AMEND the Comprehenstve Plan by ADDING provtstons
re shoreline erosion and access to sattsfy regulations promulgated under
the authortty of the Chesapeake Bay Preservation Act.
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Vgtlham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Council Members Vottng Nay
None
Counctl Members Absent
None
December 14, 1999
AN ORDINANCE TO AMEND THE
COMPREHENSIVE PLAN BY THE ADDITION
OF PROVISIONS PERTAINING TO
SHORELINE EROSION AND SHORELINE
ACCESS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
That the Comprehensmve Plan of the City of Virginia Beach
11 be, and hereby is, amended and reordalned by the addition of the
12 underlined portions, and the deletion of the stricken portions, of
13 the attached excerpts from the Comprehensive Plan (Pages 51, 52,
14 187, 219, 220, 221-A, 221-B, 224, 233-A, 233-B, 238-A, 238-B, 244,
15 248, 249, 250-A, 250-B, 250-C and 319), the same being labelled
16 "Virginia Beach Comprehensive Plan, November 4, 1997," and having
17 been exhibmted to the Cmty Council on thms day.
18
19
Adopted by the Council of the City of Vmrgmnma Beach,
20 Virginia, on the 14th day of December, 1999
21
22
23
24
25
26
27
CA-7529
wmm/ordres/chesbaycomplan.wpd
R-2
November 9, 1999
- 43 -
Item VI-J. 7. b.
PLANNING
ITEM # 460 74
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl DEFERRED UNTIL
CITY COUNCIL SESSION OF JANUARY 4, 2000:
Ordtnances to AMEND the CZO re parking garages
Secttons 111, 239 03, 601, 701, 801, 901, 1001, 1501, 1511, 1521
Vottng 1 I-0 (By ConsenO
Counctt Members l/'ottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Absent
None
December 14, 1999
- 44 -
Item VI-K.I.
APPOINTMENTS
ITEM # 460 75
B Y CONSENSUS, Ctty Counctl RESCHEDULED the following APPOINTMENTS
BOARD OF ZONING APPEALS (BZA)
COMMUNITY SER VICES BOARD
FRANCIS LAND HOUSE BOARD OF GOVERNORS
MINORITY BUSINESS CO UNCIL
December 14, 1999
- 45 -
Item VI-K.2.
APPOINTMENTS
ITEM # 460 76
Upon NOMINATION by Vtce Mayor Sessoms, City Counctl
REAPPOINTED:
Kenneth F. Bradley
Charles M. Salle'
AND, APPOINTED:
Dorothy L. Wood
PLANNING COMMISSION
4-Year Terms
1/1/2000- 12/31/2003
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Absent
None
December 14, 1999
- 46-
Item VI-K. 3.
APPOINTMENTS
ITEM # 46077
Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl APPOINTED:
Michael C. Savvides
Unexpired Term thru 9/30/2002
WETLANDS BOARD
Vottng 11-0
Counctl Members l/ottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, ,Ir,
Harold Hetschober, Barbara M Henley, Louts R clones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, dr and A M "Don" Weeks
Counctl Members Vottng Nay
None
Council Members Absent
None
December 14, 1999
-47-
Item VI-MI.
NE W BUSINESS
ITEM # 46078
BY CONSENSUS, City Clerk RECORDED:
ABSTRACT OF CIVIL CASES RESOLVED - NOVEMBER 1999
December 14, 1999
i
- 48-
Item VI-N.
ADJOURNMENT
ITEM # 460 79
Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 3:55 P.M.
Beverly 0 Hooks, CMC/AAE
Chtef Deputy City Clerk
~th Hodges Smtth, CMC/AAE
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
December 14, 1999