HomeMy WebLinkAboutNOVEMBER 9, 1999 MINUTESCITY COUNCIL
City of Virginia Beach
"COMMUNITY FOR A LIFETIME"
~44 YOR MEYIzRA F OBERNDORF At Laret
VI( Iz MAYOR WILLIAM D SESSOMS JR At Latg~
I hVWOOD 0 BRANCH III Dt~trt~ t 6 Beat h
MARGARET L I'URE Dt~trtt t I ( tnttrttllt
WILLIAM W HARRISON JR Dt~;ltt~l 5 I yn.ha~en
H4ROI D ttl:.ISCttOBER 4t Latgt
BARBARA M tlFNLEY Dt~trut 7 Pttn~t ~x Anne
LOUIS R JONE~ Dtvtrttt 4 Bawtdt
REBA S Mt CI ANAN' Dt~trt~ l 3 Rttst ihdl
'~'ANCY K PARKbR At Largt
4 ~4 (DON) WFEtl ~ Dl~trt(t 2 Kt mp~vtlle
JAMES K SPORE Ctty Managt~
LESLIE L LILLFY Ctty Attorney
RUIH HODGb. 3 SMITH C~( iAAE Ctty Clerk
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRII~ [
VIRGINIA BEACH VIRGINI,I 2 ~4e;6 9005
PtlONF (757)427 4~0~
FA){ (7~7) 426 g669
MAIL CTYCNCI~_ CITY VIR(JINIA BbACH VA Uq
November 9, 1999
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
10:30 AM
Ao
GAINSHARING and DECEMBER HEALTH CARE PREMIUM (30 Mm )
Susan D. Walston, Chief of Staff
Fagan D. Stackhouse, Director, Human Resources
Bo
PRINCESS ANNE CORRIDOR (30 Mln)
Robert J. Scott, Director, Planning
Co
TAX CREDITS FOR REHABILITATION OF HISTORIC STRUCTURES (3o M~n )
C. Mac Rawls, Director, Museums
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
12:30 AM
A. CALL TO ORDER- Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER- Mayor Meyera E. Oberndorf
B. INVOCATION:
The Reverend John Boyer
Church of Christ - Creeds
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
November 2, 1999
G AGENDA FOR FORMAL SESSION
The Consent Agenda will be determined during the Agenda Review Session and considered in the
ordinary course of business by City Council to be enacted by one motion.
H RESOLUTIONS/ORDINANCE
1 Resolutions re City of Virginia Beach DEVELOPMENT AUTHORITY:
Chesapeake Bay Academy
Industrial Development Revenue Bonds
$5,300,000
King's Row Associates, LLC
Multi-Family Residential Rental Housing Bonds
$1,813,000
Resolution to refer to the Planning Commission proposed Amendments and a new Section
to the City Zoning Ordinance (CZO) re certain large retail developments
(Sponsored by Council Member Reba S McClanan)
a Section 111 re definitions
b Section 901
re use regulations in Business Districts
c Section 1511
re use regulations in RT-2 District
d Section 1521
re use regulations in RT-3 District
e Add Section 240 1 re standards for conditional use permits
Resolution to declare, as a result of the Virginia Beach voters' expression (November 2,
1999, Advisory Referendum) that the City will not participate further in the Light Rail
Transit Project, no substantial portion of the ProJect shall be located within the City, and,
the City Clerk is directed to transmit a certified copy of this Resqlut~on to the Members of the
Transportation District Commission of Hampton Roads (HRT) (Requested by Members
of City Council)
Ordinance to TRANSFER $41,091 from the General Fund Regular Reserve for
Contingencies to the FY 1999-2000 Operating Budget of Emergency Medical Services re
providing a Grant to the Chesapeake Beach Volunteer Rescue Squad for repair of a damaged
ambulance
6 License Refunds $25,708.44
PLANNING
1. ENLARGEMENTS OF NONCONFORMING USES (DISTRICT 5- LYNNHAVEN):
ao
P. M. GASKINS re construction of a loading/unloading ramp for a recychng faclhty at
1641 Industrial Park Road
Recommendation'
DEFERRAL
EDWIN S. EPSTEIN re enlargement of an ex~st~ng s~ngle-family dwelhng on a port~on of
a parcel contaimng 8,750 square feet at 106 60th Street.
Recommendation:
APPROVAL
ANDERSON-PARKS ASSOCIATES, INC. re enlargement of an ex~st~ng single-family
dwelling on a portion ora parcel containing 8,750 square feet at 106A 60t~ Street.
Recommendation:
APPROVAL
.
Applications of CORNELIUS F. BOYNTON, JR., ANTONINA BOYNTON, LOPE B. PILE
and MERCY PILE (DISTRICT 2-KEMPSVILLE)
a.
Discontinuance, closure and abandonment of a port~on of Jersey Avenue beginmng at ItS
Northern terminus and running in a Northerly direction to the Southern boundary of
Virginia Beach Boulevard, containing 5607 square feet, to incorporate adjolmng properties
and facilitate redevelopment.
bo
Conditional Use Permit for automobile sales and service at the Southeast comer of Vlrglma
Beach Boulevard and North Witchduck Road. (5085 Virginia Beach Boulevard), conta~mng
21,667 square feet
Staff Recommendation.
Planning Comm. Recommendation:
DEFERRAL
APPROVAL
Apphcatlon of CLARK WHITEHILL COMPANY for a Variance to Section 5B of the Site Plan
Ordinance, Floodplain Regulations, on the North and South sides of Proposed Ferrell Parkway 200
feet West of Piney Bark Drive, containing 183.32 acres (DISTRICT 7 - PRINCESS ANNE).
Recommendation
INDEFINITE DEFERRAL
(COZ in AG-l/2 pending at Planning Commission)
Appllcat~on of VIRGINIA METRONET, INC., dba ALLTEL COMMUNICATIONS, INC., for
a Conditional Use Permit for a communications tower on the East side of West Virginia Avenue,
Lots 10 through 15, Block 14, Midway, containing 20,037.6 square feet (DISTRICT 3 -
ROSEHAI~L)
Recommendation:
APPROVAL
.
Apphcatlon of RICHARD A. WARD for a Conditional Use Permit for motor vehicle sales and
track rentals on the South side of V~rglnla Beach Boulevard, East of Riddle Avenue (1789 Virginia
Beach Boulevard), containing 1.15 acres (DISTRICT 6 - BEACH)
Recommendation:
APPROVAL
.
Apphcatlon of LEE and DENISE BARNES for the MODIFICATION of recorded proffers on
the July 1, 1997, approved Conditional Change of Zoning D~strlct Classfficat~on from R-10
Residential District to Conditional B-2 Community Business District for Joseph Overholt, Trustee
Overholt Trust, at 1629 Salem Road (DISTRICT 1 - CENTERVILLE).
Staff Recommendation.
Planning Comm. Recommendation:
DENIAL
APPROVAL
.
Apphcat~on of CItINESE COMMUNITY ASSOCIATION OF ItAMPTON ROADS, INC., for
a Change of Zomng District Classification from R-7 5 Residential District to Conditional B-1
Neighborhood Bus~ness D~stnct on the East s~de of Newtown Road 450 feet more or less North
of Darnel Smith Road, containing 41,382 square feet (DISTRICT 4 - BAYSIDE).
Recommendation:
APPROVAL
Jo
APPOINTMENTS
CHESAPEAKE BAY AREA PRESERVATION AREA BOARD
COMMUNITY SERVICE BOARD (CSB)
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HISTORICAL REVIEW BOARD
PLANNING COMMISSION
RESORT ADVISORY COMMISSION (RAC)
VOLUNTEER COUNCIL
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED - OCTOBER 1999
Mo
ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call TDD only 427-4305
(TDD - Telephonic Dewcc for the Deaf)
CITY COUNCIL DECEMBER SCHEDULE
December 7 - 2:00 PM
December 14 - 2:00 PM
11/04/99cmd
AGENDA\I 1-09-99.
www.vlrglma-beach.va.us
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~ma Beach, V~rg~ma
November 9, 1999
Councdman Hetschober called to order the CITY MANAGER'S BI~EFING re GAIN$IIAI~NG and
DECEMBER HEALTH CARE PREMIUM m the Councd Conference Room, Ctty Hall Buddmg, on
Tuesday, November 9, 1999, at lO $0 M
Councd Members Present
Lmwood 0 Branch, III, Harold Hetschober, Barbara M Henley,
Louts R Jones, Reba S McClanan and Nancy K Parker
Councd Members Absent
Mayor Meyera E Oberndorf
[ENTERED 10 45 A M ]
Vtce Mayor Wdham D Sessoms, Jr [ENTERED 11 38 A MI
Margaret L Eure
[ENTERED 10 48 A MI
Wilham W Harrtson, Jr
[ENTERED 10 40 A M ]
A M "Don" Weeks [ENTERED 10 43 A M]
-2-
CITY M/INAGER'S BRIEFING
GAINSHARING
10:30 A. M.
ITEM # 45625
Susan D Walston, Chief of Staff, advtsed the collaborattve effort between the Ctty and Schools supports the
prevtously created consohdated Benefits Office
Fagan D Stackhouse, Dtrector of Human Resources, advised on March 9, 1993, the Ctty Counctl approved
the estabhshment ora Gainsharing Program The Gainsharing Program was estabhshed to encourage
employees to find creattve ways to save resources and to share tn a portton of the savings derived from
effective budget management and producttvtty improvements On May 11, 1999, Ctty Counctl adopted an
Or&nance to extend the Gainsharing Program through December 31, 2000 The Gainsharing Program
has been a postttve tncenttve for encouragtng employees to conttnue to pursue tnnovattve and effecttve ways
to tncrease producttvtty, reduce annual operating costs and provtde ever tmprovtng quahty services As
reflected tn the 1998 Striving for Excellence Report, the tmpact of the hundreds of quahty and producttvtty
tntttattves resulted tn savtng over $7.5-MILLION in City funds, wtth an ad&ttonal $4.7-MILLIONtn costs
successfully avotded. Smce 1993, employees have reahzed the followmg gainsharing amounts from thetr
collective efforts
Gainsharing /Imount (full-time employees)
1993 $319
1994 $258
1995 $218
1996 $304
1997 $224
1998 $258
Ftscal Year 1998-1999 financtal results tn&cate the capactty to provtdefor Gainsharing payments tn the
amount of $220 for eligible full-time employees and $110 for eligible part-time employees Of the total
$1,210,700 requtred, $1,122,000 comes from the General Fund balance with the rematntng $88,700 to come
from retained earntngs tn the Water and Sewer fund &nce the program ts funded from the under expen&ture
of budgeted funds and revtewed on an annual basts, financial impacts do not extend to the current year
It ts proposed that the current allocatton formula be retatned tn order to provtde a Gainsharing Pool for
employee checks All full-ttme and part-ttme employees who are performtng at satisfactory or higher levels,
and who were on the Ctty payroll for at least 6 months as of June 30, 1999, wtll be ehgtble for gainsharing
checks on November 30, 1999. Gainsharing checks for the employees of the Department of Pubhc Uttlittes
wtll be funded from the Pubhc Utthttes Enterprtse Fund Pubhc Utthttes employees wtll recetve checks equal
to those of other employees All full-ttme permanent employees will recetve equal gainsharing checks All
part-ttme employees wtll recetve gainsharing checks equal to 50% of the value of the full-ttme employee
checks
Walt Kraemer, Acttng Dtrector- Management Services, referenced the formula utthzed tn determtntng
gainsharing. Ftrst, the revenue esttmate had to be determtned, the debt servtce pohcy achteved, and then
the revenues were spht between the Capttal Improvement Program, wtth the CIP recetvtng the majortty of
the funds The net effect would result tn unused approprtattons for Operattng Departments are used in the
calculatton of the amount, whtch produced approximately $220 in gainsharing for full-time employees
Mr Stackhouse advtsed Council Lady Henley, if the employee ts on the City 's payroll, then they are entttled
to a gainsharing check, however, tf they are worktngfor the State, then they would not be entitled to same
Examples o fa blend offun&ng, who would recetve a gainsharing check would be Social Servtces, Shertff's
Department and employees of the Clerk of Circuit Court Gene LeJeune, Payroll Administrator, advised the
Shertff's employees recetve Ctty paychecks, wtth the State retmbursing that portton of the salary, for whtch
the State ts responsible The City Manager advtsed Soctal Servtces receives 7 8% of thetr fun&ngfrom the
federal government, 33 8%from the state, and 27%from the ctty
The Ctty Manager advtsed the Striving for Excellence Report documents examples of these employee
savtngs
An or&nance to approprtate $1,210, 700 wtll be SCHEDULED for the City Counctl Sesston of November
23, 1999
November 9, 1999
-3-
CITY MANAGER'S BRIEFING
DECEMBER HEAL TH CARE PREMIUM
ITEM # 4562 7
The Ctty and Schools have worked closely to ensure that we offer the same or stmdar health benefits and
admtntstrattve procedures and processes for the Year 2000 Health Care Self-Funded Program One tssue
revtewed was the timing of premium payments from employees In the past, the City and Schools have used
separate approaches tn obtatmng premtum payments from employees The Ctty has used a "prospective
approach" whereby the first month 's premtum (for the newplan year) was actually collected tn December,
the month precedtng the start of each new plan year The schools followed a current payment approach
whereby the first month's premtum was pard tn January with the start of each new plan year
All City employees 'health care premtums for this calendar year wtll have been patd tn full by November 30,
however, School employees wtll pay thetr last premtum of the year tn December In order to bring the Joint
City/School Self-Insured Health Care Fund on a consistent basts, the City and its employees shouM not
pay premiums in December Thts would be a one-time change This change would result tn several
advantages for the City
Flexibility in the City's use of the health care funds
Consistent approach with the Schools
Employee contributions can be retained by employees for
December (average savings ranging from $1&38 for employee
only to $242.22 for family coverage)
Mr Stackhouse advtsed this concept of not paytng thts premtum for the Ctty would result tn savtng
approximately $875,000 Begtnnmg January, 2000, both the Ctty and School employees wall contrtbute to
the Joint City/School Self-Insured Health Care Fund on the same basts The analyses of the reserves for
the Fund as recommended by Wtlham M Mercer, Incorporated, do not reqmre the Ctty or tts employees'
December premiums to be placed into the fund
Mayor Oberndorf tnqutred tf the 1 O0 doctors or more who announced they were not gotng to parttctpate tn
the HMO's would badly tmpact the Ctty employees health care:> Mr Stackhouse advtsed thts wtll make st
&fficult for some employees to make thts transttton. At first, the Ctty assumed the dtfficulty would only be
wtth Trtgon, however, the issue ss also wtth the Oncologtst ask the Health Plan by Sentara. Thts wtll be
revtewed on a dally basts On a national level thts tssue is bemg debated wtth United Health Care Mr
Stackhouse advtsed, hopefully, the rates wtll be held to a reasonable level over the next two to three years
at a level of between 5 and 7°/6 The City has not conferred with the HMO's relattve increases
Councd Lady Parker spoke with one of these doctors and was advtsed tt ss notjust the doctors, but also a
group of anaesthestologtsts working at Vtrgtnta Beach General, who are movtng out of the Prtortty
Healthkeepers Mr. Stackhouse referenced, as previously advtsed, the OBGYN'S and Cardtologtsts were
pulhng out, however, Trtgon has responded there wtll be replacements for the anaesthestologtsts The Ctty
wall make sure adequate support staff ts provtded for thts
Mayor Oberndorf advised she ss not enrolled tn the Ctty's Health Insurance Plan, but ts concerned that the
Ctty employees receive the best health care plan
November 9, 1999
-4-
CITY MANAGER'S BRIEFING
PRINCESS ANNE CORRIDOR
11:00 A.M.
ITEM # 45628
Robert J Scott, Dtrector of Planning, tntroduced Tom Pauls, Co-Or&nator -Comprehenstve Planntng
Mr Pauls advtsed the Princess Anne Corridor Study is the culmtnatton of efforts resulttngfrom the ortgtnal
destmatton potnts tdenttfied by City Counctl Quality Physical Environment was one of the stx bustnesses
tdenttfied tn the desttnatton points. This Corridor Study will assist tn achieving the obdecttves of a quahty
physical environment Thts study dates back to 1989, when the Ferrell Parkway Phase H was first
tncorporated tnto the Capttal Improvement Program In 1998, Ctty Counctl approved the conducting of
Corrtdor stu&es. Mr Pauls expressed apprectation to Walt Cole, Landscape Archttect and Project Manager
- EDA IV, Inc, Adam Jack -Transportatton Planner - Rummel, Kletter, and Kahl, Robert Davts- Prtnctpal
Planner and Karen Prochdo -Communtty Destgn Planner; Arthur Felton and Rtch Nettleton - Pubhc
Works Engtneertng, for thetr dthgent efforts over many months tn formulattng thts study
WHY THIS STUD Y?
Reahze the Ctty's vtsion of the corrtdor, ctted tn the adopted
Comprehenstve Plan, as a spectal and umque place
Opportumty to affect destgn of roadway as a untfytng element
VDOT development plans for roadway improvements
Preempttve response to development pressure
Walt Cole identified the Goals and Objectives:
Develop a design character for Princess Anne Road that ts unique
tdenttfiable, and enjoyable
Protect and promote stable surrounding neighborhoods
Enhance community investment through the creatton ora htgh quahty
phystcal environment - a program of pubhc tmprovements that
complements and prompts appropriate prtvate tnvestments
Promote a controlled access roadway and mtntmtze traffic dtsruptton
Include pedestrian and open spaces linking complementtng publtc and
prtvate land uses
Relattve the extsting condtttons wtthin the Corridor, the following existing conditions were tdenttfied
OPPORTUNITIES
Large areas withtn the pubhcly-owned Princess Anne Commons and
Educational Core Area
Large undeveloped tracts of private properttes withtn the Princess Anne
Corridor
CONSTRAINTS
Impacts to adjacent neighborhoods of proposed non-restdenttal uses
AICUZ- NOISE, Accident Potential Zone (APZ)
Virginia Power transmission lines
Wetlands and Archeological Sites
November 9, 1999
-5-
CITY MANAGER'S BRIEFING
PRINCESS ANNE CORRIDOR
ITEM # 45628 (Continued)
LAND USE PATTERN
Princess Anne Commons Largest area wtthtn the Corrtdor and has an
tmpact by tts sheer presence
Educational Core' Identified north of Concert Drive and tncludes the
Ttdewater Communtty College, new high school and ODU/NSU Htgher
Educatton Center. There ts open space for storm water retentton and
breathing room for the teachers and students
Sub-Area 1 Located tn the southeast corner of Dam Neck and Princess
Anne Roads. It ts comprtsed of approxtmately 60 acres and about 13
parcels, most of whtch are undeveloped There ts a proposed Loop Road,
which ts meant to connect as a part of a larger road to enctrcle the
tntersectton of Dam Neck Road and Prtncess Anne Road AG-1 and AG-2
comprtses 95°/6 of the zontng on these properttes
Sub-Area 2: This area ts located south of the proposed Southeastern
Parkway and north of the Chrtstopher Farms neighborhood and is
approxtmately 100 acres, comprised of 27parcels The London Brtdge
Road-Extended ts on the Master Transportatton Plan as a connectton
between Holland Road and Princess Anne Road, oppostte the Tournament
Players Golf Course entrance The base hne level of development ts 2
dwelhng untts per acre, wtth 6 dwelhng untts tn the upper portton A
preferred recommendatton has not been developed The landscaptng
requtred for the Southeastern Parkway wtll be done tn conjunctton wtth
funds recetved from the State and Federal government The funds'
associated wtth thts parttcular corrtdor are germane to the 250-foot rtght-
of-way from Dam Neck down to the Muntctpal Center and over to Holland
Road The objecttve ulttmately ts to have Prtncess Anne Road go over the
Southeastern Parkway and one of the issues ts whether to tnstall artse tn
Prtncess Anne Road at thts potnt over afield and watt for the Southeastern
Parkway at some potnt tn ttme to be retrofitted and butlt underneath
However, tt was beheved best to tnstall an attracttve at-grade ahgnment
from the north to the south through what wtll be the Southeastern Parkway
Interchange At such ttme as the Southeastern Parkway wtll be butlt then
thts wtll be retrofitted tnto a quahty destgned tnterchange
Sub-Area 3. Thts area includes the Cox Commumcatton butldtng and ts a
challenge, because access must be provtded to this unit of land, but not on
Princess Anne Road The idea ts to come off Judtctal Boulevard and hnk
those parcels to the rear It ts known as reverse frontage In that way, the
vtstbthty, marketability and beauty of the roadway have been mcreased and
the number of access potnts on thts road have been mtntmtzed The Ctty ts
looktng at 5 access potnts on Prtncess Anne Road Dam Neck - the Loop
Road, Southeastern Parkway, London Brtdge-Extended, and the entrance
to TPC and duchctal Drtve The Ctty ts revtewtng prtmartly a mtxture of
office prtmartly wtth some retail
Sub-Area 4: Thts area ts comprtsed of 43 acres with two parcels. The Ctty
ts revtewtng approxtmately 2 dwelhng untts per acre with an tncenttve base
of up to 4 dwelhng untts per acre.
Mr Pauls advtsed wtth regard to the sub-areas, whtch are privately owned, the City ts seeking to achieve
an objecttve of incentive based planning for a number of purposes, not the least of whtch ts to create a
controlled access htghway Property owners can agree to consohdate into a untried cohesive plan tnstead
of developing tn a ptecemeal tsolated fashton
November 9, 1999
-6-
CITYMANAGER'S BRIEFING
PRINCESS ANNE CORRIDOR
ITEM # 45628 (Continued)
Adam Jack referenced the extsttng condtttons with regard to
TRANSPOR TA TION
Transitional Roadway - currently 8 lanes to 2 lanes south of Dam Neck
Road
Curb and Gutter (urban section) to shoulder and dttch (rural sectton)
Speed limits - 55 mph to 25 mph
Primarily passenger car vehtcular traffic
Pedestrian/bicycle traffic nearly non-existent
NATURAL RESOURCES
Existing Mature Tree Stands
Seasonal Wetlands (Judtctal/Princess Anne intersecttons)
Archeological Site (across from the Masonic Lodge, back tn the woods)
The Masontc Lodge has prevtously been moved from tts ortgtnal location
near the muntctpal center and through thts move there was a precedence
set that tt could be moved agatn As tt has been moved from the ortgtnal
stte, VDOT does not believe the move would have htstortcal impact
Mr Pauls ctted the Corridor Element Alternatives: Corridor Design Themes, Land Use Polices, Right-of-
Way Alignments and General Roadway Aesthetic Alternatives There are three associated ttems whtch are
connected to these alternattves Highway Facility Aesthetic Treatments, Corridor Utilities and Phased
Roadway Improvements.
Mr Cole referenced the element of Corridor Design Themes.
Corridor LandscapedAesthetic Design ' The look should be tnformed by the
types of assoctated landscaptng
Design Principles Theme recogmzes and relates to the pattern of
commumty and netghborhood landscapes. Theme would change tn
character along the corrtdor Recognize the motortst experience and the
nature of the surroundtng environment
Relattve Land Use Polices, Mr Pauls referenced the land use policies concerntng the Educational Core
Area, Princess Anne District Park & Farmer's Market, Development opportunities, incentive-based
development and land use alternative recommendations Thts plan calls for general design gutdeltnes t e
there ts a neo-Georgtan destgn at the Muntctpal Center, further north there ts prestressed concrete and
brick, tubular type of look at the educattonal center, and the Amphttheater ts more modern How can the Ctty
translate the extsttng archttectural and landscape destgns tnto one that meets the Ctty's goals The Ctty
Council ts destrous the level of aesthettcs across Dam Neck Road should coordtnate wtth thts Prtncess Anne
Corrtdor. At Prtncess Anne Park, the trees encompass approxtmately 12 acres, wtth the balance of the park
comprtstng approximately 60 acres The approach at thts potnt ts to retatn the trees Any posstble changes
tn the future would occur behtnd the trees.
Mr Jack, wtth the utthzation of slides, deptcted the proposed Right of Way Alignments
Alignment Option "A" Generally commences at Dam Neck Road and
stays prtmartly east of the extsttng road then swings abruptly to the west,
around the Landstown Meadows area, goes through the parkway
tnterchange and swings back over to the west stde, Goes down the west
stde until tt gets to about TPC on the east stde, swings to the east stde to
avoid the Chrtstopher Farms area and then comes back tnto the extsttng
Judtctal Prtncess Anne Intersectton
November 9, 1999
-7-
CITY MANAGER'S BRIEFING
PRINCESS ANNE CORRIDOR
ITEM # 45628 (Continued)
PROS
Curved ahgnment most conducttve to "parkway" aesthettcs
Respects extsttng land uses (e g cemetery, subdtvtsion, etc )
Fewest impacted homes and bustnesses (20 total)
Least detention basts property acquisttton required
Least residual parcel acqutsttion requtred
Least &sturbance to mature tree stands
Provtdes deepest buffer between TPC and Prtncess Anne Road
CONS:
Most tmpact to delineated Wetlands
Alignment Option "B" commences at Dam Neck Road, follows the current
ahgnment and has a gentle swing to the west stde across from Wmterberry
Lane In the Landstown Meadows area and then remains on the west stde
the rest of the way down through untd swtngmg back tnto the extsttng
tntersection agatn at Judtctal
PROS:
Curved ahgnment conducttve to ''parkway" aesthettcs
Respects extsting land uses (e g. cemetery, subchvtstons, etc )
Least tntrusive to dehneated wetlands
Ltmtts tmpacted homes and bustnesses (25 total)
CONS:
Most dtsturbance to mature tree stands
Less buffer space between TPC Prtncess Anne Road
Alignment Option "C" Swtngs over to the west side as soon as one leaves
the Dam Neck Road tntersectton and ts a "stratght shot" on the west side
all the way down and then ties back tnto Juchctal
PROS:
Respects extsttng land uses (e g cemetery, subdtviston, etc )
Construction can utthze most of the extsting roadway for
northbound lands
CONS:
Stratght ahgnment least conductve to ''parkway" aesthettcs
Most tmpacted homes/businesses (28 total)
Most restdual parcel acqutsttton requtred (3 acres)
November 9, 1999
-8-
CITY MANAGER'S BRIEFING
PRINCESS ANNE CORRIDOR
ITEM # 45628 (Continued)
There are major concerns as Holland Road ts to be under construction at approxtmately the same ttme as
these Corridor tmprovements. Ctttzens are very concerned thts wall force traffic over to Holland before tt
ts ready Mr Pauls advtsed tn the CIP, Princess Anne Road ts due for constructton start tn 2003 and Holland
Road tn 2004 There ts some overlap These two projects can be revtewed durtng constderatton of the CIP
Mr Cole advtsed once the ahgnment ts selected, then the General Roadway Aesthettc Alternattves should
be examtned
Concept ",4"
Enttre length treated in consistent, "open" character, with less
"formal" treatment to the south
Frame vtews away from roadway
Connects and untfies roadway to extsttng commumty
No trees planted tn me&an
Total Premium Costs: $2,450,000
Concept "B"
Two &stinct and separate zones - north and south
Informal, open character tn northern zone, regular/formal
character tn southern zone
Planted mechan tn southern zone, vtsual separatton of traffic
lanes
Total Premium Costs: $2,550,000
Concept "C'
Two &stinct and separate zones - north and south
Informal, open character tn northern zone, regular/formal
character tn southern zone
Stronger, heavtly planted me&an and edges tn southern zone,
vtsual separatton of traffic lanes
Total Premium Costs: $2,800,000
Mr Cole advtsed the approved 2018projections are 60,000 vehicles north of the Southeastern Parkway
and 30,000 vehicles south of the Parkway per day. Concern was expressed relative the chmenstons,
concepts and prmctples of the proposed stgns. Mr Pauls advised the cost of the Corridor Study was
$210,000 and the final product wtll be submttted early next year to the Ctty Counctl and Planntng
Commtsston as a Comprehensive Plan Amendment The comments recetved from the general pubhc wtll
beprovtded There wtll be a complete descrtptton concerntng the stgnage tn the final document These wtll
not be billboards When htghway facthty aesthettc treatments are conducted, gtven the gutcltng prtnctples
selected based on the recommended ahgnment, bridges, sound walls, hghttng, multt-purpose tratl systems,
gateways/tntersections and corrtdor uttlittes (electrtc and commumcatton, water, sanitary sewer, natural
gas, storm drainage) must be integrated The key question ts the phasing of these tmprovements The
Corridor Study ts propostng to build 8 lanes, conttnue this 8 lane sectton from Dam Neck Road down to the
Loop Road (extenston of Rosemont Road) This Loop Road also provtdes access to Landstown Meadows
From there forward, there wtll be 4 lanes - 2 lanes chvtded on etther stde wtth a me&an - all the way down
to Judtctal Three new stgnals are suggested Loop Road, London Bridge Road across from TPC and one
at Judicial Drive.
Concern was expressed relattve correspondence concerntng the Judtctal Drtve extension and the lack of
tmprovements tn the CIP for North Landtng Road Corrtdor regarding traffic.
November 9, 1999
-9-
CITY M~4N/IGER'S BRIEFING
TAX CREDITS FOR REHABILITATION OF HISTORIC STRUCTURES
12:00 NOON
ITEM # 45629
Mr C Mac Rawls, Dtrector- Museums, chstrtbuted a proposed ordtnance establtshtng the Virginia Beach
Historical Register and setttngforth standards and procedures under whtch butldtngs, other structures and
sites may beplaced An ordtnance relattve the tax exemptton plan to encourage htstortcal preservatton was
previously dtstrtbuted In 1992 and 1993, the City of Virgtnta Beach and the Vtrgtnia Department of Htstortc
Resources shared the cost of surveys to document the stgntficant htstortc archttectural resources tn the Ctty
Through the survey process and previous DHR efforts, more than 650 historic buildings have been Menttfied
tn Vtrgtnta Beach Although some of the properttes may be ehgtble for tncluston on the National Register
of Historic Places or the Virginia Landmarks Register, or both, the majortty are hkely to be htstortcally
stgntficant only at the local level (fifteen buildings in Virginia Beach have been honored through
placement on the National and Virginia Registers) The Virginia Beach Historic Resources Management
Plan outltned the need for better recognttton of the City's htstortc resources and tdenttfied the estabhshment
of a Vtrgtnta Beach regtster as a destrable actton to accompltsh this objecttve The recent Study of
Financial Incentives for Historic Preservation also recommends the establtshment ora Virginia Beach
Historical Register Placement on the Register would be a prerequisite for qualtficattons.for preservatton
tncenttves. Vtrgtnta Beach may be the first to establish a Historical Register Incluston on the Register
would dtffer from tncluston wtthtn a Htstortc and Cultural Dtstrtct under the City Zoning Ordtnance, as
placement on the Register would be honortfic and create no restrtcttons for property owners It would,
however, enable the property owner to take advantage of certatn parttal tax exempttons under proposed Ctty
Code Section 35-80 1, which is brought forward for Ctty Counctl's constderatton
There ts an oM Ctty Code or&nance pertatntng to tax exempttons, however, no one has applted for same,
as this extsttng ordtnance ts very comphmented and does not offer much tncenttve The new ordtnance would
provtde an exemptton tn the amount of the tncrease in value of the structure [n the oM orchnance tn order
to quahfy, theproperty had to be seventy-five (75) years of age The revtsed or&nance reduces the mtntmum
age of property to fifty (50) years Another change ts the length of the exemptton ts extended over a fifteen
year pertod, prevtously credit was only for five years This exemptton wtll be subject.first to a htstortcal
revtew Museums, Planntng and the Tax Assessors office wtll be tnvolved The mtntmum tncrease tn terms
of the value of tmprovements wtll be 20% of the assessed value of the structure The prevtous ordtnance
requtred a minimum increase of 40%. The prevtous ordtnance only related to restdenttal property, whtle
the new ordtnance recommends tax exempttons to restdenttal and commerctal properttes t e Tandom's Ptne
Tree Inn The exemptton for commerctal property ts based upon 50% of the actual cost mvolved wtth the
construction of the rehabtlttated cost The exemptton wtll be for a mtntmum of 5 years
City Counctl expressed apprectation to Mr. Rawls and the members of the Vtrgtnta Beach Htstortc
Preservatton Partnershtp, the Htstortc Preservation Advtsory Team, PMA, Inc , and Counctl La&es Henley
and Eure for thetr dtligent efforts tn developtng a strong program of tncenttves for preservtng htstortc
but[dtngs
November 9, 1999
-10-
AGENDA RE VIE W SESSION
12:18 P.M.
ITEM # 45630
H2 Resolutton to refer to the Planmng Commtsston proposed
Amendments and a new Sectton to the Ctty Zomng Ordinance
(CZO) re certain large retail developments
(Sponsored by Councd Member Reba S McClanan)
a Sectton 111 re definitions
b Section 901 re use regulations in Business Districts
c Sectton 1511 re use regulations in RT-2 District
d Sectton 1521 re use regulattons tn RT-3 Dtstrtct
e. Add Sectton 240 1 re standards for conditional use permits
This ttem wtH be chscussed durtng the FORMAL SESSION
ITEM # 45631
11.3
Resolutton to declare, as a result of the Vtrgtma Beach voters'
expresston (November 2, 1999, Advtsory Referendum) that the
City wdl not parttctpate further tn the Light Rail Transit
Project, no substanttal portton of the ProJect shah be located
wtthtn the Cay, and, the Ctty Clerk ts dtrected to transmtt a
certtfied copy of thts Resolutton to the Members of the
Transportation Dtstrtct Commtsston of Hampton Roads (HRT)
(Requested by Members of Cay Councd)
As per request of Councd Lady Henley, thts item wdl be chscussed durtng the Formal Sesston Mayor
Oberndorf advtsed Councd Lady Parker, she as well as Counctl Members Branch and Jones requested this
Resolution be SCHEDULED for thts Cay Councd Session
ITEM # 45632
H40rdmance to TRANSFER $41,091 from the General Fund
Regular Reserve for Conttngenctes to the FY 1999-2000
Operattng Budget of Emergency Medical Services re provtdtng
a Grant to the Chesapeake Beach Volunteer Rescue Squad for
repair ora damaged ambulance
Councd Lady Parker mqutred concernmg the Rescue Squad Unit g422 and the stngle car acctdent on the
Chesapeake Bay Bridge Tunnel, on December 24, 1998 The Ctty Manager advtsedparttal payment has been
recetved, however, tt does not cover the enttre amount
ITEM # 45633
Vtce Mayor Sessoms requested RECORDATION of the ABSTRACT OF VOTES FROM THE GENERAL
ELECTION- NOVEMBER 2, 1999, be ADDED to the Consent Agenda.
ITEM # 45634
BY CONSENSUS, the followtng ttems shall compose the CONSENT AGENDA
RES OL UTIONS/ORDINANCE
HI Resoluttons re Cay of Vtrgtnta Beach DEVELOPMENT
AUTHORITY
a Chesapeake Bay Academy
Industrial Development Revenue Bonds
b King's Row Associates, LLC
Multt-Famdy Restdenttal Rental Houstng Bonds
$5,300,000
$1,813,000
November 9, 1999
-11-
AGENDA RE VIEW SESSION
ITEM # 45634 (Continued)
H40r&nance to TRANSFER $41,091 from the General Fund
Regular Reserve for Contmgenctes to the FY 1999-2000
Operattng Budget of Emergency Medical Services re provtding
a Grant to the Chesapeake Beach Volunteer Rescue Squad for
repair ora damaged ambulance
H 5. License Refunds - $25,708.44
As per request of Mayor Oberndorf, who must leave the sesston early, Item H 3 (Ltght Ratl Transit ProJect)
shall be dtscussed prtor to Item H 2. (Large retatl developments)
November 9, 1999
- 12-
AGENDA RE VIEW SESSION
ITEM # 45635
I 1 ENLARGEMENTS OF NONCONFORMING USES (DISTRICT 5-
L YNNHA VEN)
ED WINS. EPSTEINre enlargement of an extsttng stngle-famtly
dwelhng on a portton ora parcel contatntng 8, 750 square feet at
106 60th Street
ANDERSON-PARKS ASSOCIA TES, INC. re enlargement of an
extsttng smgle-famtly dwelhng on a portton of a parcel
contamsng 8, 750 square feet at 106A 60th Street
These ttems wtll be chscussed durtng the Formal Sessson Council Lady Eure requested clartficatton tn the
Epstetn apphcatton as to whether garage or carport
ITEM # 45636
12
Apphcatsons of CORNELIUS F. BO YNTON, JR., ANTONINA
BO YNTON, LOPE B. PILE and MERCYPILE (DISTRICT 2-
KEMPSVILLE)
Dssconttnuance, closure and abandonment of a portton of Jersey
Avenue begtnnsng at sts Northern termtnus and runmng tn a
Northerly dtrectton to the Southern boundary of Vtrgtnta Beach
Boulevard, contatnsng 5607 square feet, to incorporate adjotnsng
properttes and facthtate redevelopment
Conchttonal Use Permtt for automobile sales and service at the
Southeast corner of Vtrgtnta Beach Boulevard and North
Wttchduck Road (5085 Vtrgtnta Beach Boulevard), contasning
21,667 square feet
These apphcattons wtll be DEFERRED unttl the Ctty Counctl Sessson of November 23, 1999, as requested
by the apphcant
ITEM # 4563 7
13 Apphcatson of CLARK WHITEHILL COMPANYfor a Varsance
to Sectton 5B of the Stte Plan Ordsnance, Floodplatn
Regulattons, on the North and South stdes of Proposed Ferrell
Parkway 200feet West of Ptney Bark Drtve, contasnsng 183 32
acres (DISTRICT 7- PRINCESS ANNE).
An apphcatton to rezone the subject stte from AG-1 and AG-2 Agrtcultural Dtstrtcts to Conthttonal R-10
Ressdentsal Dtstrtct has also been submttted for the subject The rezonsng apphcatton and the flood platn
vartance request should be heard stmultaneously, and tt ss the tntent of Ctty Staff to have both ttems heard
by the Planntng Commtsston on December 8, 1999 This stem shall be DEFERRED INDEFINITELY, BY
CONSENT.
15
ITEM # 45638
Apphcatson of RICHARD A. WARD for a Conchttonal Use
Permst for motor vehscle sales and truck rentals on the South side
of Vtrgtnta Beach Boulevard, East of Rtddle Avenue (1789
Vtrgtnta Beach Boulevard), contatntng 1 15 acres (DISTRICT
6- BEACH)
Councsl Lady McClanan will vote a VERBAL NAY on this 1tern
November 9, 1999
- 13-
AGENDA RE VIEW SESSION
ITEM # 45639
16
Apphcatton of LEE and DENISE BARNES for the
MODIFICATION of recorded proffers on the July 1, 1997,
approved Condtttonal Change of Zomng Dtstrtct Classtficatton
from R-10 Restdenttal Dtstrtct to Con&ttonal B-2 Commumt_¥
Bustness Dtstrtct for Joseph Overholt, Trustee Overholt Trust, at
1629 Salem Road (DISTRICT 1 - CENTER VILLE)
Robert Scott, Dtrector of Planntng, advtsed Counctlman Jones, the rezontng of the property has been
granted. The modtficatton of the proffers ts prtmartlyfor an msurance office, whtch would not require the
B-2 zontng, but his tntent ts also to tnclude some retatl, which would necessttate the commerctal zoning Thts
was part of the original plan Counctl Lady Eure advtsed the apphcant has agreed to an INDEFINITE
DEFERRAL.
ITEM # 45640
B Y CONSENSUS, thefollowtng ttems shall compose the PLANNING BY CONSENTAGENDA
I 1 ENLARGEMENTS OF NONCONFORMING USES (DISTRICT
5- L YNNHA VEN)
a P.M. GASKINS re constructton ora loading/unloading ramp
for a recychngfacthty at 1641 Industrtal Park Road
12
Apphcattons of CORNELIUS F. BO YNTON, JR., ANTONINA
BO YNTON, LOPE B. PILE and MERCY PILE (DISTRICT 2-
KEMPSVILLE)
Dtsconttnuance, closure and abandonment of a portton of Jersey
Avenue begtnning at its Northern termtnus and runntng tn a
Northerly dtrection to the Southern boundary of Vtrgtnta Beach
Boulevard, contatntng 5607 square feet, to tncorporate adjotmng
properttes and factlitate redevelopment
13
14.
15
16
Conchttonal Use Permit for automobtle sales and servtce at the
Southeast corner of Vtrgtma Beach Boulevard and North
Wttchduck Road (5085 Vtrgtnta Beach Boulevard), contatntng
21,667 square feet.
Apphcatton of CLARK WHITEHILL COMPANY for a Variance
to Sectton 5B of the &te Plan Or&nance, Floodplatn
Regulattons, on the North and South sides of Proposed Ferrell
Parkway 200feet West of Ptney Bark Drive, contatntng 183.32
acres (DISTRICT 7 - PRINCESS ANNE).
Apphcatton of VIRGINIA METRONET, INC., dba ALL TEL
COMMUNICATIONS, INC, for a Condtttonal Use Permtt for
a communtcattons tower on the East stde of West Vtrgtnta
Avenue, Lots 10 through 15, Block 14, Midway, contatntng
20, 03 7 6 square feet (DISTRICT 3 - ROSEHALL)
Apphcatton of RICHARD A. WARD for a Condittonal Use
Permit for motor vehtcle sales and truck rentals on the South stde
of Vtrgmta Beach Boulevard, East of Rtddle Avenue (1789
Virgtnta Beach Boulevard), contatntng 1 15 acres (DISTRICT
6- BEA CH)
Apphcatton of LEE and DENISE BARNES for the
MODIFICATION of recorded proffers on the July 1, 1997,
approved Condtttonal Change of Zonmg Dtstrtct Classtficatton
from R-10 Restdenttal Dtstrtct to Condtttonal B-2 Commumtv
Busmess Dtstrtct for Joseph Overholt, Trustee Overholt Trust, at
1629 Salem Road (DISTRICT 1 - CENTER VILLE)
November 9, 1999
- I4-
AGENDA RE VIEW SESSION
ITEM # 45640 (Continued)
I7
Appltcatton of CHINESE COMMUNITY ASSOCIATION OF
HAMPTON ROADS, INC., for a Change of Zontng Dtstrtct
Classification from R- 7 5 Residenttal Dtstrtct to Condtttonal B-1
Netghborhood Bustness Dtstrtct on the East side of Newtown
Road 450 feet more or less North of Dantel Smtth Road,
contatmng 41,382 square feet (DISTRICT 4 - B,4 YSIDE)
Item I 1 a wtll be DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of December 7, 1999
Item 12 wtll be DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of November 23, 1999
Item 13 wtll be DEFERRED INDEFINITEL Y, BY CONSENT
Item 15' Counctl Lady McClanan will vote a VERBAL NAY
Item 1 6 wtll be DEFERRED INDEFINITEL Y, B Y CONSENT
November 9, 1999
- 15-
CITY COUNCIL COMMENTS
12:24 P.M.
ITEM # 45641
Vtce Mayor Sessoms expressed concern relattve the comments of Counctlman Weeks concerntng the
expendttures of outside legal expenses tn the Office of the Ctty Attorney. Councilman Weeks' advised he was
referrtng to the expenses mvolvtng the Thirty-first Streetproject. Members of City Council arepleased wtth
the Ctty Attorney's performance The Ctty Attorney was out of town for less than 48 hours for the funeral
of a famtly member Hts office and the Public Informatton Office requested the story regardtng the use of
outstde counsel be delayed until hts return Channel 13 chd not extend this courtesy Counctlman Branch
referenced the Annual Report of the City Attorney which wtll be presented to the Ctty Counctl tn
approxtmately one week Counctlman Branch chd not understand the reason a Member of City Counctl would
contact the medta prtor to the responsible dtscusston of the presented material Counctlman Jones belteved
the htrtng of outstde counsel had been at the dtrectton of Ctty Counctl An apology was requested
Counctlman Weeks advised his respect for the City Attorney and discussions wtth him His remarks were
geared towards outstde consulttng fees and discretionary spending of projects whtch he opposed Mayor
Oberndorf referenced the November 9, 1999, correspondence of the City Attorney relative the Channel 13
News Broadcast of November 5, 1999 - outside legal expenses Mr Ltlley's Aunt dted and thus he was
absent for the tntervtew Satd correspondence ts hereby made a part of the record Counctlman Harrtson
also expressed dtsmay as the Ctty Attorney had conferred with Counctlman Weeks attd reviewed the
tnformatton.
ITEM # 45642
Counctl Lady Henley referenced a ctttzen advtstng his house had been burglartzed He went to the poltce
department to secure a copy of the crtme report, required for the tnsurance He was charged $10. OO for this
copy, and was dismayed as he was the victim When he protested the charge, the department satd for btm
to contact Ctty Counctl Counctl Lady Henley requested this fee be reviewed The Ctty Manager wtll prepare
a report and advtse the opttons
ITEM # 45643
Counctl Lady Henley advised a ctttzen concern relative the Oceana Jet Noise issue The ctttzen belteved
durtng the analysts time period there was tmpltcattons of some of the studies that the ulttmate norse
mtttgatton for the houses would be done wtth tncltvtdual and local asststance Counctl Lady Henley was
unaware tf thts had been applted. If there was a statement tn any of the Federal or local documents, she
wtshed to be advtsed The Ctty Manager was not aware of thts commttment, however, but would vertfy
Mayor Oberndorf referenced a letter to the Edttor tn the Vtrgtnian-Ptlot whtch tnstnuated the Mayor and
Ctty Council had not adhered to their responsibtltttes concerning a zontng Counctlman Branch advtsed the
new development of apartments was actually a downzontng of residenttal and restdenttal was removed from
anotherparcel of property Thts project was supported by the Navy and will have the norse attenuatton butlt-
tn at the expense of the developer Thts property ts located between Btrdneck Road and the Pavtlton Towers
Hotel, across from the Veterans Memortal. Counctlman Heischober advtsed when the Gibson's gave the City
the twenty acres for the Pavtlton, there were many condtttons tn thts agreement
November 9, 1999
-16-
CITY MANAGER'S ITEMS
12:37P. M.
ITEM # 45644
The City Manager chstributed a memorandum relattve "Setting the Record Straight - 31st Street Land
Condemnation". Satd memorandum ts hereby made apart of the record The City Manager referenced the
arttcle "Beach Sues To Get Land For Hotel", appeartng tn The Vtrgtntan-Ptlot on Frtday, November 5,
1999 The land the Ctty ts seeking to condemn ts NOT for any hotel, but rather for the pubHc parking garage
portton of thts project The City owns all of the land that wouM be leased for the hotel and the land that
would be used for a large pubhc park on the Oceanfront The Ctty ts attempttng to negottate a voluntary sale
of the property wtth the property owners To date, the owners have refused to meet wtth the Ctty These
headhnes unfortunately m~slead the pubhc
ITEM # 45645
The Ct ty Manager referenced an arttcle tn today's Vtrgtntan-Ptlot "Beach Disputes Norfolk's Plan To Sell
Any Surplus Water To Other Locals" The Ctty has never &sputed Norfolk 's plan to sell surplus water The
Ctty of Vtrgmta Beach ts hoptng they can find a market for thetr water Vtrgtnta Beach tn the future mtght
be tn the market for some of this Norfolk surplus water
Counctl Lady Eure was advtsed the Edttortal Staff compiled the headhnes
ITEM # 45646
The City Manager referenced the scheduhng of COMMUNITY CONVERSATIONS to chscuss budget
prtortttes and financtal matters. The City Manager wtll provide tnformatton relattve the new methodology
recommended to broaden the base of attendance The Ctty Manager suggested the evening of January 18,
1999, or the morntng of Saturday, January 22, 1999 (9 O0/1 M - 12 O0 Noon)
November 9, 1999
-17-
ITEM # 4564 7
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Ctty Counctl Conference Room, City Hall Buildtng, on Tuesday, November 9, 1999, at
12 43PM
Council Members Present
Ltnwood 0 Branch, III, Margaret L. Eure, Wdham W. Harrison, Jr.,
Harold Heischober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndo~ Nancy K. Parker, Vice
Mayor William D Sessoms, Jr and,,l M "Don" Weeks
Counctl Members Absent
None
November 9, 1999
- 18-
ITEM ii 45648
Mayor Meyera E Oberndorf, entertatned a motton to permit City Councd to conduct its CLOSED
SESSION, pursuant to Section 2 1-344(A), Code of Vtrgtnta, as amended, for the following purpose'
PERSONNEL MATTERS Dtscusston , constderatton or interviews of
prospective candidates for employment, asstgnment, appointment,
promotton, performance, demotion, salaries, chsctplintng, or restgnatton
of spectfic pubhc officers, appotntees, or employees pursuant to Sectton
2 1-344 (A) (1)
To Wtt
Boards and Commisstons
Chesapeake Bay Preservation Area Board
Commumty Servtces Board
Francts Land House Board of Governors
Htstoncal Revtew Board
Minortty Bustness Counctl
Planmng Commisston
Resort Advtsory Commtsston
Volunteer Council
Vtrgtnta Beach Community Development Corporation
PUBLICLY-HELD PROPERTY Dtscusston or consideration of the
condttton, acqutsttton, or use of real property for pubhc purpose, or of the
chsposttton of pubhcly-held real property, for chscusston tn an open
meeting whtch would adversely affect the bargatning posttton or
negottattng strategy of the pubhc body pursuant to Section 2 1-344(A)(3)
Agrtcultural Reserve Program -Prtncess Anne District
Acqutsttion/Dtsposttton of Property - Central Business District
LEGAL MA TTERS' Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertatmng to actual or probable
httgatton, where such consultatton or brtefing tn open meettngs would
adversely affect the negottattng or httgattngposttton of thepublic body and
consultatton with legal counsel employed or retatned by a pubhc body'
regardtng spectfic matters requtrtng the provtston of legal advtce by such
counsel pursuant to Sectton 2 1-344(A)(7)
To-Wtt
Contractual Negotiatton- Central Bustness Dtstrict
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Jones, City Councd voted to proceed into
CLOSED SESSION.
Vottng 11-0
Councd Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wilham W Harrtson, Jr,
Harold Heischober, Barbara M Henley, Louis R Jones, Reba S.
McClanan, Mayor Meyera E Oberndo~ Nancy K. Parker, Vtce Mayor
Wdham D Sessoms, Jr and A. M "Don" Weeks
Councd Members Vottng Nay
None
Councd Members Absent
None
November 9, 1999
-19-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
November 9, 1999
2:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Councd Chamber, Ctty Hall Butldmg, on Tuesday, November 9, 1999, at 2. O0 P M
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L. Eure, William W. Harrison, Jr,
Harold Hetschober, Barbara M Henley, Louis R. Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice
Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks
Councd Members Absent
None
INVOCATION
Reverend John Boyer
Church of Chrtst- Creeds
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, betng a Corporate Officer of Wachovia Bank, chsclosed there were no matters on the
agenda tn whtch he has a "personal tnterest", as defined tn the Act, etther individually or tn his capacity as
an officer of Wachovta Bank The Vtce Mayor regularly makes thts Dtsclosure as he may not know of the
Bank's tnterest tn any apphcatton that may come before Ctty Councd Vtce Mayor Sessoms' letter of January
4, 1999, ss hereby made apart of the record
November 9, 1999
Item V-E.
- 20 -
CER TIFICA TION OF
CLOSED SESSION
ITEM # 45649
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Eure, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meettng
requtrements by Vtrgtnta law were discussed tn Closed Sesston to whtch
this certtficatton resolutton applies,
AND,
Only such pubhc bustness matters as were tdentified tn the motion
convenmg the Closed Sesston were heard, chscussed or constdered by
Vtrgmta Beach Ctty Counctl
Voting 11-0
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, William 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 Vottng Nay
None
Council Members Absent
None
November 9, 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 # 45648 Pagel 8, 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
V~rginia Beach City Council.
City Clerk
November 9, 1999
-21 -
Item V-F. 1.
MINUTES
ITEM # 45650
Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Hetschober, City Council~4PPROVED the
Mmutes of the INFORMAL AND FORMAL SESSIONS of November 2, 1999.
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, William W Harrison, 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
November 9, 1999
- 22 -
Item V-G.
ADOPT A GENDA
FOR FORMAL SESSION
ITEM # 45651
BY CONSENSUS, Ctly Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
ABSTRACT OF VOTES FROM THE GENERAL ELECTION-
NOVEMBER 2, 1999, SHALL BE ADDED TO THE AGENDA FOR
RECORDATION
November 9, 1999
- 23 -
Item V-H.
RES OL UTIONS/ORDINANCE
ITEM # 45652
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty CounctlAPPROVED INONE
MOTION, Ordtnances 1 a/b, 4, and 5 of the CONSENTAGENDA
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
November 9, 1999
- 24 -
Item V-H. 1
RESOL UTIONS/ORDINANCE
ITEM # 45653
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, Cay Council ADOPTED:
Resoluttons re City of Vtrgmta Beach DEVELOPMENTA UTHORITY:
Chesapeake Bay Academy
Industrtal Development Revenue Bonds
$5,300,000
King's Row Associates, LLC
Multt-Famdy Restdenttal Rental Housing Bonds
$1,813,000
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, William W. Harrison, Jr.,
Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Council Members Vottng Nay
None
Counctl Members Absent
None
November 9, 1999
RESOLUTION APPROVING THE ISSUANCE
OF REVENUE BONDS FOR
CHESAPEAKE BAY ACADEMY
WHEREAS, the Internal Revenue Code of 1986, as amended (the "Tax Code"), prowdes
that the highest elected governmental officials of the governmental units having jurisdiction over
the issue of private activity bonds and over the area in which any facility financed with the
proceeds of private activity bonds is located shall approve the issuance of such bonds; and
WHEREAS, the City of Virginia Beach Development Authority (the "Authority") issues
its bonds on behalf of the City of Virginia Beach, Virginia (the "City") and the members of the
City Council of the City (the "Council") constitute the highest elected governmental offimals of
the City; and
WHEREAS, Section 15.2-4906 of the Code of Virginia of 1950, as amended (the
"Virginia Code"), provides that the Council shall within 60 calendar days from the date of the
public hearing with respect to industrial development revenue bonds either approve
disapprove the issuance of such bonds; and
or
WHEREAS, the City of Virginia Beach Development Authority (the "Authority') held a
public hearing on September 21, 1999 with respect to the application of Chesapeake Bay
Academy (the "Company") for the issuance of the Authority's industrial development revenue
bonds in the amount now estimated at $5,300,000.00 (the "Bonds") to assist the Company in
financing the cost of developing, constructing and equipping a school building containing
approximately 53,500 square feet to be located on a two + acre site at 715 Baker Road, Virginia
Beach, Virginia (the "Facility"); and
WHEREAS, following the public hearing held September 21, 1998, the Authority approved
the issuance of the Bonds in an mount now estimated at $5,300,000 for the benefit of the Company
to finance the Facility; and
WHEREAS, the Authority has favorably considered the Company's application and a
copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be
agreed on, a reasonably detailed summary of the comments expressed at the public heanng with
respect to the Bonds and a statement in the form prescribed by Section 15.2-4907 of the Virginia
Code have been filed with the Council, together with the Authority's recommendation that the
Council approve the issuance of the Bonds;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. The recitals made in the preambles to this Resolution are hereby adopted as a part
of this Resolution.
2. The City Council approves the issuance of the Bonds by the Authority to assist in
the financing of the Facility for the benefit of the Company to the extent of and as
required by Section 147(f)(2) of the Tax Code and Section 15.2-4906 of the
Virginia Code. The approval of the issuance of the Bonds, as required by Section
147(0(2) of the Tax Code and Section 15.2-4906 of the Virginia Code, does not
constitute an endorsement of the Bonds or the creditworthiness of the Company,
but, as required by Section 15.2-4909 of the Virginia Code, the Bonds shall
provide that neither the City nor the Authority shall be obligated to pay the Bonds
or the interest thereon or other costs incident thereto except from the revenues and
monies pledged therefor and neither the faith, credit nor taxing power of the
Commonwealth of Virginia, the City or the Authority shall be pledged thereto.
3. In adopting this Resolution, the City, including its elected representatives,
officers, employees and agents shall not be liable and hereby disclaims all habihty
for any damages to any person, direct or consequential, resulting from the
Authority's failure to issue the Bonds for any reason.
4. This Resolution shall take effect immediately on its adoption.
Adopted by a quorum of the Council of the City of Virginia Beach, Virginia, on
November 9 ,1999.
20396002/Council Resolution
..
BAKER ~ ~ ROAD
,I.
~ I ~ I ~ I ~ I ~ W P
FUTURECHESAPEAKESITEBAY ACADEMY ~
PROPERTY SURVEY ~' '~ -~' ..... '~,~
VIRGINIA
Development Autho~ ~ty
One Columbus Center, State 301)
V~rgmm Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
F Dudley Fulton, Chair
Stephen W Burke, V~te-Chmr
W Brantley Ba~,mght Ill, Secretory
Kenneth D Barefoot, Treasurer
Ehzabeth A "Betsy" Duke
Robert F Hagans. Jr
Robert G Jones
October 7, 1999
The Honorable Meyera E Obemdorf, Mayor
Members of City Council
Municipal Center
V~rgmia Beach, VA 23456
Re
Chesapeake Bay Academy
Industrial Development Revenue Bonds
Dear Mayor Obemdorf and Members of City Council.
We submit the following m connection with project Chesapeake Bay Academy located at 715
Baker Road m the city of Virginia Beach, V~rglma
(1) Evidence of pubhcatlon of the notice of heanng is attached as Exhibit A , and a
summary of the statements made at the public hearing is attached as Exhibit B The City of
V~rgmla Beach Development Authonty's (the "Authority") resolution recommending Council's
approval is attached as Exhibit C
(2) The Disclosure Statement ts attached as Exhibit D
(3) The statement of the Authonty's reasons for ~ts approval as a benefit lbr the City of
V~rgm~a Beach and ns recommendation that C~ty Council approve the mo&ficatlon of the bonds
described above is attached as Exhibit E
(4) The Fiscal Impact Statement ~s attached as Exhibit F
The Honmable Meycra E. Oberndo~ f, Mayor
Members of City Council
October 7, 1999
Page 2
(5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and ~dentlfying
the P~oject and the pnnc~pals
Very truly yours,
Chairman
FDF/GLF/rab
Enclosures
Exhibit A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
The Virginian-Pilot
WILLIAMS, MULLEN, CLARK &
ONE COLUMBUS CENTER
DOBBINS, P.C , aTE 900
VIRGINIA BEACH, VA 23462
REFERENCE. 00028104 Tracy Ann Ke
938602709 CHES BAY ACADEM
State of Virginia
City of Norfolk
This day, D. Johnson personally appeared before me
and after being duly sworn, made oath that
1) She is affidavit clerk of The Virginian-Pilot,
a newspaper published by Landmark Communications
Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk, and Virginia Beach, State of
Virginia. 2) That the advertisement hereto
annexed has been published in said newspaper on
the date stated.
PUBLISHED ON: 09/08 09/15
TOTAL COST: 370.76
AD SPACE: 62 LINE
NOTICE OF PUBLIC HEARING
ON PROPOSED RI¥~NUE BOND FINAHClNG OF THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORn'Y
N~Outme ,s hereby g~ven that the Cdy of Virginia Beach Development
thordy (the "Authority") whose address ts Suite 300 One Co-
lumbus Center, V,r~mia Beach, VIram~a, will hold a pubhc hearm8
at 8 30 a m on Tuesday. September 21, 1999, on the Apphcabon
and Plan of Financm8 of Chesapeake Bay Academy (the "Compa-
ny''), for the ,ssuance o! the Authonty's Revenue Bonds pursuant to
Chapter 643 Of the Act~ of Assembly of 1964, as amended end
supplemented by th~ Industrial Development and Revenue Bond
Act, Title ]5'2. Chapter 49 of the Cocle of Vlr~m,a of 1950, as
amended (the "Act~O, m an amount not to ~xceed $5,300,O00 to
a.smst ~ Company in the development, construction and eqmpprn8
oT a SChOOl bulldmE to educate ch,tdren w,th leamm8 d,sablhbes,
wh,ch bmldmE will conta,n approximately 53.500 +/- square feet
on a 2~ .+/- acre parcel of land in Vtrl~lnia Beach,~ V,rgmla. located
;mmeo,ately West of the Hentai~e Un,ted Methodist Church located
at 715 Baker Road, V,~,n,a Beach, Vtrl[mm (the °'Project") As
reqmred by the ACt. theBonds will not i31edt[e the credit or tax~r~
power of the Cdy of Vir~m,a Beach. VIstula or the Authority, but
w?ll.be payable solely from revenues derived from the Company and
p,ea~es of those revenues Any persons interested in the issuance of
the Bonds or the loc. at,on or nature of the proposed Project may
appear and be heard A copy of the Company's apphcat,on ,s on file
and ts open for inspecbon at the Authorffy's off,ce during bus,ness
hours
C,ty of V,rsmm Beach Development Author,ty
VP September B and September 15, ]999
FILED ON: 09/17/99
Legal Affiant:
Subscribed and ~o~r~ before i~\~y city and state on the day and year
aforesai~i~~__,day of ~ ~ ~ ~ .
Notary: _ ~ My commission expires September 30, 2003
Exhibit A
NOTICE OF PUBLIC HEARING
ON PROPOSED REVENUE BOND FINANCING OF THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
Notice is hereby given that the City of Virginia Beach Development Authority
(the "Authority") whose address is Suite 300, One Columbus Center, Virginia Beach, Virginia,
will hold a public hearing at 8:30 a.m. on Tuesday, September 21, 1999, on the Application and
Plan of Financing of Chesapeake Bay Academy (the "Company"), for the issuance of the
Authority's Revenue Bonds pursuant to Chapter 643 of the Acts of Assembly of 1964, as
amended and supplemented by the Industrial Development and Revenue Bond Act, Title 15.2,
Chapter 49 of the Code of Virginia of 1950, as amended (the "Act"), in an amount not to exceed
$5,300,000 to assist the Company in the development, construction and equipping of a school
building to educate children with learning disabilities, which building will contain approximately
53,500 +/- square feet on a 2+/- acre parcel of land ~n Virginia Beach, Virginia, located
immediately West of the Heritage United Methodist Church located at 715 Baker Road, V~rginia
Beach, Virginia (the "Project"). As required by the Act, the Bonds will not pledge the credit or
taxing power of the City of Virginia Beach, Virginia, or the Authority, but will be payable solely
from revenues derived from the Company and pledges of those revenues. Any persons interested
in the issuance of the Bonds or the location or nature of the proposed ProJect may appear and be
heard. A copy of the Company's application is on file and is open for inspection at the
Authority's office during business hours.
City of Virginia Beach Development Authority
20396002/notme of public hearing
Exhibit B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING ON SEPTEMBER 21, 1999
(Chesapeake Bay Academy Project)
The Chair of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement of a public hearing on the request of Chesapeake Bay Academy (the
"Borrower"), and that a Notice of the Hearing was published once a week for two consecutive weeks
~n The Virginian-Pilot, a newspaper having general circulation in the City of Virg~ma Beach, V~rgm~a
(the "City"). Such public hearing was held not less than six days and not more than 21 days after the
second notice appeared in The Virgintan-Pitot. A copy of the Notice and Certificate of Publication of
such notice have been filed with the records of the City Council of the City of Virginia Beach
The following individuals appeared and addressed the Authority at such pubhc
hearing:
C. Grigsby Scifres, an attorney with Williams, Mullen, Clark & Dobbins, P C.,
appeared on behalf of the Borrower. Mr. Scifres gave a brief description of the proposed financing
and explained that the proposed issuance of bonds (the "Bonds") would be used to assist the
Borrower in financing the developing, equipping and construction of a school bmlding contmning
approximately 53,500 square feet for educating children with learning disabihties on a 2 + acre parcel
of land in the City having a street address of 715 Baker Road, together w~th all necessary and related
personal property, furniture, fixtures and equipment (collectively, the "Facility") Mr. Scffres
outlined certain benefits inuring to the City and its citizens, including providing for the growing
demand for specialized education of children with learning disabilities, an estimated constructmn
payroll of $2,500,000, approximately 400 construction jobs, approximately $50,000 in bmlding
permit and other municipal fees paid to the City, retaining 40 existing jobs and adding 35 new
permanent jobs over the next 3 years, with a total annual payroll in three years of apprommately
$2,100,000, approximately $2,000,000 of construction material purchased within the City dunng
construction, approximately $1,600,000 of goods and services purchased per year from V~rg~nia
companies within the locality during operation of the Facility, and approximately $400,000 of goods
and services purchased per year from non-Virginia companies within the locahty during the operation
of the Facility. In addition, Mr. Scifres further noted that all necessary zoning permits and approvals
have been obtained.
Ms. Mary Anne Dukas, President of the Borrower, also appeared and made brief
comments further highlighting the points made by Mr. Scifres, as outlined above, and answered
specific questions raised by members of the Authority.
No other persons appeared to address the Authority, and the Chair closed the public
hearing.
The Authority hereby recommends that the City Council of the City of V~rg~nia
Beach, Virginia approve the issuance of up to $5,300,000 of industrial development revenue bonds in
support of the proposed financing and hereby transmits the Fiscal Impact Statement to the City
Council of the City of Virginia Beach and asks that th~s recommendation be received at its next
regular meeting at which this matter can be properly placed on the Council's agenda for heanng
20396 002/Record of Pubhc Heanng
Exhibit C
RESOLUTION
OF
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
WHEREAS, Chesapeake Bay Academy, a V~rg~ma non-profit, non-stock and
non-member corporation (the "Company"), which is exempt from federal ~ncome taxation as a
charitable orgamzation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as
amended, has applied to the City of Virgima Beach Development Authority (the "Authority") for
assistance in financing the development, construction and equipping of a school building
containing approximately 53,500 square feet (the "Facility") to be located on a two +/- acre site
in Virginia Beach, Virginia; and
WHEREAS, the Facility will be operated as a school for educating children with
learning disabihties; and
WHEREAS, the Company, in its application, discussions and appearance before
the Authority has described the benefits of the Facility to the City of Virginia Beach, V~rg~nia
("C~ty") and the Authority; and
WHEREAS, the Company has requested the Authority to agree to issue its
industrial development revenue bonds in the amount now estimated at $5,300,000.00 (the
"Bonds") to finance the cost of developing, constructing, and equipping the Facility; and
WHEREAS, the Authority is empowered to issue and sell bonds, lend the
proceeds of such bonds, and acqmre, own, lease, and dispose of properties, and is vested with all
powers necessary to enable it to accomplish ~ts purposes, which purposes and powers are
enumerated in Chapter 643 of the Acts of Assembly of 1964, as amended and supplemented by
the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of
Virginia of 1950, as amended (the "Act"); and
WHEREAS, a public hearing with respect to the Facility and the issuance of the
Bonds has been held on September 21, 1999, as required by Section 147(0 of the hatemal
Revenue Code of 1986, as amended (the "Code"), and by Section 15.2-4906 of the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA
BEACH DEVELOPMENT AUTHORITY THAT:
1. The Authority finds that (0 the development, construction, equipping and
operation of the Facility will increase armual employment, stimulate the local economy and
provide additional educational facilities for children with learning disabihties, (n) providing
financing for the Facility will be m the public interest and will benefit the i~flaabitants of the C~ty
and the Conunonwealth of Virginia and (iii) the issuance of the Bonds will be consistent with the
purposes of the Act and the powers of the Authority.
2. To assist the Company with respect to the Facility, the Authority agrees to tmdertake
the issuance of the Bonds in an amount not to exceed $5,300,000 on terms mad conditions to be
mutually agreed on between the Authority and the Company. The proceeds from the sale of the
Bonds will be loaned to the Company pursuant to a loan agreement and related docmnents which
will provide payments to the Authority sufficient to pay the principal of and premium, if any, and
interest on the Bonds and to pay all other expenses in connection with the maintenance of the
Facility. The Bonds will be issued in form and pursuant to terms to be set by the Authority, and the
payment of the Bonds shall be secured by, among other collateral, ma assigmnent, for the benefit of
the holders of the Bonds, of the Authority's rights to payments trader such loan agreement and may
be additionally secured by a deed of trust on the Facility.
3. It having been represented to the Authority that it is necessary to proceed
inmaediately with the development, construction mad equipping of the Facility, the Authority hereby
agrees that the Company may proceed with plans for the Facility, enter into contracts for
development, construction and equipping and take such other steps as it may deem appropriate in
connection therewith, provided that nothing herein shall be deemed to authorize the Company to
obligate the Authority without its consent in each Instance to the payment of any monies or the
performance of any acts in connection with the Facility. The Authority further agrees that the
Company may be reimbursed from the proceeds of the Bonds for all lawful costs so incurred by it
including such costs incurred not more than 60 days prior to the adoption of these resolutions.
4. The Authority hereby agrees to the recommendation of the Company that Williams,
Mullen, Clark & Dobbins, P.C., Virginia Beach, V~rgmia, be appointed as bond counsel and hereby
appoints such finn to supervise the proceedings and approve the issuance of the Bonds.
5. The Authority hereby agrees, if requested, to accept the reconunendation of the
Company with respect to the appointment of a placement agent or underwriter for the sale of the
Bonds and a remarketing agent for the remarketing of the Bonds pursuant to terms to be mutually
agreed on.
6. All lawful costs and expenses in connection with the financing and the development,
construction mad equipping of the Facility, including the fees and expenses of the Authority, counsel
for the Authority, bond counsel, the placement agent or underwriter for the sale of the Bonds and
the remarketlng agent for the remarketing of the Bonds, shall be paid from the proceeds of the
Bonds or by the Company. If for m~y reason such Bonds are not issued, or such Bonds are issued
but it is determined that a part or all of such costs are not lawfully payable out of Bond proceeds, it
lS understood that all such expenses shall be paid by the Company and that the Authority shall have
no responsibility therefore.
7. h~ adopting this Resolution, the Authority intends to declare "official intent" toward
the issuance of the Bonds within the meaning of regulations issued by the Internal Revenue Service
pursuant to Sections 103 and 141-150 of the Code, including Section 1.150°2 of such regulations
8. The Authority hereby recommends that the City Council for the City approve the
issuance of the Bonds and hereby directs the Chair or Vice-Chair to submit to the City Cotmcil for
the C~ty the statement in the form prescribed by Section 15.2-4907 of the Act, a reasonably detailed
sununary of the comments expressed at the public hearing required by Section 15.2-4906 of the Act,
m~d a copy of this Resolution.
9. This Resolution will take effect irmnediately on ~ts adoption.
The undersigned hereby certifies that the above Resolution was duly adopted by the
Conmfissioners of the City of Virginia Beach Development Authority at a meeting duly called at
which a quorum was present m~d acting throughout on September 21, 1999, and that such
Resolution ~s in full force and effect on the date hereofi
Date: 0~[, t/q
,1999
,~s~±/d~ityOf V'u'ginia B'eaell Developm"ellt
Authority
20396002~resolution
Exhibit D
DISCLOSURE STATEMENT
Date: October 18, 1999
Applicant:
All Owners
(if different from Applicant):
Type of Application:
CHESAPEAKE BAY ACADEMY
None
$5,300,000 Industrial Development Revenue Bonds to assist
Applicant in financing the cost of developing, constructing and
equipping a school building containing approximately 53,500
square feet for educating children with learning disabilities on
a 2 ± acre site in the City of Virginia Beach (the "Project")
1. The Applicant is a non-profit, non-stock and non-member corporation. See
attached Exhibit A for the list of officers and members of the Board of Trustees.
2. The Applicant is the owner of the Project.
CHESAPEAKE BAY ACADEMY, a Virginia non-
profit, non-stock and non-member corporation
19ia~ p~me Duka, k~, resideni-
20396 002-D~sclosureStmt
CHESAPEAKE BAY ACADEMY
Board of Trustees
Dennis R. Deans
Chair
Alan B. Rashkind
Vice Chair
Joseph R. Newton, Jr., MD
Secretary
Daniel P. Richardson
Treasurer
Dee H. Roberts
Past Chair
Cecilia Dickenson
PTA President
MaryAnne Dukas
President and Head
j. D. Ball, Ph.D.
Keith H. Bangel
William B. Brock
Anne Cutchins
Daniel D. Dickenson, III
Beth M. Duke
L. Matthew Frank, MD
Bruce Freeman, MD
Thomas L. Hasty, III
Edward C. Irby, Jr.
William W. King
David M. Limroth
C. Grigsby Scifres
Patrick D. Thrasher, MD
Harry D. Train, II
Cecelia Tucker
Patti Wainger
Bradley Waitzer
VIRGINIA
Development Authority
One Columbus Center, State 300
V~rgmm Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
F Dudley Fulton, Chatr
Stephen W Burke, Vt~e-Chatr
W Brantley Basmght Ill. Setretarv
Kenneth D Barefoot, Treasurer
Ehzabeth A "Betsy" Duke
Robert F ttagans, Jr
Robert G Jones
EXHIBIT E
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BONDS
(CHESAPEAKE BAY ACADEMY PROJECT)
SERIES 1999
The Development Authority lecommends approval of the above-referenced financing The
Planmng Commission, City Council and the Board of Zomng Appeals have previously approved the
Conditional Use Permit and zoning variances necessary for this project. The benefits of the Project
to the City include further development and expansion of an ~ndependent school providing much
needed educational resources for children with learning dlsabihties and attention disorders, increased
employment and increased purchases of goods, services and equipment w~tlun the City
Exhibit F
FISCAL IMPACT STATEMENT
DATE:
September 21, 1999
TO:
Virginia Beach City Council
APPLICANT:
Chesapeake Bay Academy
TYPE OF FACILITY:
Independent School
1. Maximum amount of financing sought
$5,300,000
.
Estimated taxable value of the facility's
real property to be constructed in the
munimpality
$ N/A
3. Estimated real property tax per year
using present tax rates
$ N/A
4. Estimated personal property tax
per year using present tax rates
$ N/A
o
Estimated merchant's capital (business
license) tax per year using present
tax rates
N/A
(a) Estimated dollar value per year of goods that will be purchased
from Virginia Companies within the locality
(b) estimated dollar value per year of goods that will be purchased
from non-Virginia Companies within the locality
(c) estimated dollar value per year of services that will be purchased
from Virginia Companies within the locality
(d) estimated dollar value per year of services that will be purchased
from non-Virginia Companies within the locality
$ 250,000
$ 150,000
$1,350,000
$ 250,000
7. Estimated number of regular Employees on year round basis
75 (after 3 years)
8. Average annual salary per employee
$ 28,000
The information contained in this Statement ~s based solely on facts and estimates provided by the
Applicant, and the Authority has made no independent investigation with respect thereto.
CITY O~I~~IA BEACH DEVELOPMENT AUTHORITY
By.X'//
20396002/FISCAL IMPACT STATEMENT
Exhibit G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BONDS
PROJECT NAME:
2. LOCATION:
3. DESCRIPTION
OF PROJECT:
4. AMOUNT OF
BOND ISSUE:
5. PRINCIPALS:
6. ZONING CLASSIFICATION:
a,
Present Zoning
Classification
of the Property:
b. Is rezoning proposed?
c. If so, to what zoning
classification?
Chesapeake Bay Academy
715 Baker Road immediately behind Heritage United
Methodist Church
Building and equipment for independent school
Up to $5,300,000.
See attached list of officers and members of the Board of
Trustees
Conditional Use Permit for private school and variance for
reduced on-site parking
Yes
No X (already obtained)
Not applicable
20396002/development authority summary sheet
CHESAPEAKE BAY ACADEMY
Board o£Trustees
Dennis R. Deans
Chair
Alan B. Rashldnd
¼'ce Chair
Joseph R. Newton, Jr., MD
Secretary
Daniel P. Richardson
Tr~a$1,trer
Dee H. Roberts
Past Chair
Cecilia Dickenson
PTA President
MaryAnne Dukas
_President and Head
j. D. Ball, Ph.D.
Keith H. Bangel
William B. Brock
Anne Cutchins
Daniel D. Dickenson, III
Beth M. Duke
L. Matthew Frank, MD
Bruce Freeman, MD
Thomas L. Hasty, III
Edward C. Irb7, Jr.
William W. King
David M. Limroth
C. Grigsb7 Scifres
Patrick D. Thrasher, MD
Harr7 D. Train, II
Cecelia Tucker
Patti Wa~nger
Bradley Waltzer
RESOLUTION OF CITY COUNCIL
APPROVING THE ISSUANCE OF NOT TO EXCEED
$1,813,000 OF tIOUSING REVENUE BONDS BY THE
CITY OF VIRGINIA BEACII DEVELOPMENT AUTHORITY
FOR KING'S ROW ASSOCIATES, LLC
WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), has
considered the application of King's Row Associates, LLC, a Virginia limited partnership (the
"Borrower"), for the issuance and sale of its Housing Revenue Bonds (King's Row Project), in a
principal amount not to exceed $1,813,000 (the "Bonds"), to finance a portion of the cost of the
acquisition ora 56-unit multi-family residential rental housing project (the"Project") located at 3020
King's Row Court, in the City of Virginia Beach, which Project will reserve at least 40% of the
housing units therein for persons whose income is 60% or less of area lnedian gross income;
WHEREAS, tile Borrower will own and operate the Project;
WHEREAS, Section 147(0 of tile Code provides that tile highest elected governmental
officials of the governmental units having jurisdiction over tile issuer of private activity bonds and
tile aiea in which ally facility financed with the proceeds of private activity bonds is located shall
approve the issuance of such bonds,
WHEREAS, the Project is located m the City of Virginia Beach and the members of the City
Council of the City of Virginia Beach (the "Council") constitute the highest elected governmental
officials of this City;
WItEREAS, Section 15.2-4906.C of the Code of V~rgmia of 1950, as amended (tile "Virginia
Code"), provides that a governing body shall within 60 calendar days from a public hearing with
respect to bonds requiring public approval under the Internal Revenue Code either approve or
disapprove the issuance of such bonds;
WHEREAS, the Authority held a public hearing on October 19, 1999, on the Borrower's
request for the issuance of tile Bonds to finance the P~oject;
WItEREAS, a copy of the Authority's resolution approving the Borrower's Project and
financing ~equest, a ~easonably detailed smnmary of the comments expressed at the public hearing
with respect to the Bonds, and a fiscal impact statement in the fm~n prescribed by Section 15.2-4907
of the Virgilfia Code have been filed w~th the Council, together with the Authority's recommendation
that the Council approve the Borrower's Project and financing;
I IN I 260891 I "l
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA;
1. The above-mentioned recitals are hereby adopted as a part of this Resolution.
2. The Council approves the Borrower's Project and the Bonds, to the extent required
by Section 147(0(2)(D) of the Code and Section 15.2-4906 of the Virginia Code.
3. The approval of the Bonds, as required by Section 147(f)(2)(D) of the Code and
Section 15.2-4906 of the Virginia Code, does not constitute an endorsement to a prospective
purchaser of the Bonds of the creditworthiness of the Project or the Borrower, but, as required by
Section 36-29 of the Virginia Code, the Bonds shall provide that neither the City of Virginia Beach
nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident
thereto except from the revenues and moneys pledged therefor and neither the faith or credit nor the
taxing power of the Commonwealth of Virginia, the City of Virginia Beach nor the Authority shall
be pledged thereto.
4. The Council recommends to the Virginia Small Business Financing Authority that
it grant an allocation of the Virginia private activity bond limit for housing bonds to the Project and
the Bonds.
5. This Resolution shall take effect immediately upon its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on November 9, 1999.
(SEAL)
ATTEST:
Clerk of the Council
HNI 260891 I 2
VIRGINIA
BF CH
Development Authority
One Columbus Center. Suite 300
V~rgm~a Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
F Dudley Fulton, Chmr
Stephen W Burke, Vu'e-Chair
W Brantley lla,,mght I!!, 3etretary
Kenneth D Bareloot, Treasurer
Ehzabeth A "Betsy" Duke
Robert F ttagans. Jr
Robert G Jones
October 19, 1999
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re.
Krug's Row Associates, LLC
Multi-Family Rental Housing Bond Bonds
Dear Mayor Obemdorf and Members of City Council
We submit the following ~n connection w~th project King's Row Associates, LLC located
at 3020 King's Row Court in thc city ofV~l'glnta Bcach, Vll'gmia
(1) Ewdence of pubhcat~or~ of the notice of hearing is attached as Exhibit A , and a
summary of the statements made at the public hearing ~s attached as Exhibit B The City of
V~rg~ma Beach Development Authorlty's (the "Authority") resolution recommending Council's
approval is attached as Exhibit C.
(2) The Disclosure Statement IS attached as Exhibit D
(3) The statcment of the Autho~lty's rcasons for its approval as a benefit tbr the C~ty of
Vliglma Beach and its recommendation that C~ty Council approve thc modification of the bonds
described above is attached as Exhibit E
(4) The F~scal Impact Statement is attached as Exhibit F.
The Honorable Meyera E. Obcmdorf, Mayor
Members of C~ty Coullcll
October 19, 1999
Page 2
(5) Attached as Exhibit G ~s a summary sheet setting forth the type of~ssue, and ~dent~fy~ng
the ProJect and the pnnc~pals
(6) Attached as Exhibit H ~s a letter fi'om the appropriate C~ty department commenting on
the ProJect
FDF/GLF/rab
Enclosures
~US,teplJe~ W Burke
Chmrman
EXHIBIT A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
The Virginian-Pilot
HOFHEIMER NUSBAUM P.C.
999 WATERSIDE DRIVE
DOMINION TOWER, STE 1700
NORFOLK, VA 23510
REFERENCE
00034867 W.L. Nu
A48601209 ~G~OW BON'~ D
State of Virginia
City of Norfolk
This day, D. Johnson personally appeared before me
and after being duly sworn, made oath that
1) She is affidavit clerk of The Virginian-Pilot,
a newspaper published by Landmark Communications
Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk, and Virginia Beach, State of
Virginia. 2) That the advertisement hereto
annexed has been published in said newspaper on
the date stated.
PUBLISHED ON: 10/05 10/12
TOTAL COST. 538 20
AD SPACE 90 LINE
NOTICE OF PUBLIC HEARING OF THE
CITY OF VIBIGI~A~,IA4~OEVILOPMENT AUTHORITY
, BIER lt, 1999
Ail persons Interested In the proposed Issuance of the below-
.?n,t. lon...ed .l~..nd..~ by the .City of Virginia Beach Development Au
[norlTy ~tne "P, utllorlty") Should t '
hold e public he·tin,, -'n ,k. ..... _lk_.e_?~Jce. t. hat ,the Authority will
..... ~rv ,,m aU~Jb'~ BT SUCh Do·os and the related
pm· or nnanclng off October ]9, ]999, et g 30 · m in the offices
of ~e City of Virginia Beach Development Authority ~t One Co urn-
bus Center, Suite 300 Vlrglnl· Beach Virginia which he·ri· ma
~ adjourned or conl~lnued withou* k:.,~... "£ ..... g Y
· ,u,u,cr ~l~lce
?_crested In.t.he.!~uance of the bonds or the Iocat,on or nature of
me prolx)seo TeCllJtles may eppesr mt the hearing and resent hi
her views The maxi·.· .... · ..... P s or
~_ .... ,. -,,,.,u,,, ,n,um owner or operator h
~cm~y ~o I~. lin·accel thereby I~tlon of the fa,'i,~,
leereD' arKI put f ' .... ,, ~ ,,,,,,ce~
pOSe O the bonds bela conslcler~,~l'
#! 8]~'000 Ci g ere as follows
R*_,Z__L. .... _ty ?.!.Virgin_la Belch. Devilopment Authority Hou In
~v~,,u= o~fl~ ~1%1fl 'S How ~'ro S
Chapter 643 of the ~1.,I- '-'- ~Je?-)t to..be I.~u_ed pursuant, to
'.,,- ,'--= ~ msemo~.,.,,. ~f or 1964 asa
ed for the benefit , , mLmd-
of King s Row
liability compa,~, 'the ............ ;..-.:~..a. tes, ,.LC, a Virginia limited
...... ,,. ,_ -~.c.m ;, for me purpose of firmncln~ ihe
· CClmSmOn or · 56 un t multi-family resldentml rental ro act
related facilities (Ihe "Pmle~"t ,~-, ....... P )J end
-~ .... . -- -- -7,--:., wv~..~ un o ~q/ acres
4_u~.u.~mgs ~ow Court, ¥1rg!nle Beach Vlrg,nla 23452 693
I"mject wll pe owned mr~ n..--,--,'k ..... ' 3--he
~nclpal place of buslnes~'i~'-7~"T,;"-:--~3,~ .u,/_~.~ a. ppllcant, whose
~.. ~,v uti.e..roper%, ~ssocmtes 44551
· ~outh Boulevard, Suite 250, Virginia Beach, Virginia 23452' ! 159
Said proposed Ix·ds, if issued, will not create a de~ or pledg~ of
!~ith..and_ c .?alit of th.e Commoflwealth o! Virginia, the City of
_v.~r~_~?_? ?_caen or the _au~t. hority, en~ w,II .o~ be payable from state
~:_~_.~u.?ur. lty, .payaole SOlely ~rom and OrOvIdLid
?$rx m Lee oorms Identff,ed ahoy. s ....... · "'" ~'~"~"' I
/~ copy or the A plicant's a -
P pplcaton Is on hie a
I
tnspecbon at the Authoritv's ~f r,, ...... _nd open for I
- · - -. - ......, el uae UOIUmDU$ Center. Suite I
300 Virgmm ua·ch Virgmm 23462 durin bus·
Persons w~shln ' , ess hours
............ ~.to address th.e .Authonty at &e public he·tin on
~::e suojc, c~ o~ me anove bono ISsu- ..............
- 0.~ ,~lU~[~ [0 notify Undal
Sneehan at 437-6464, preceding the meebr~
Stephen W Burke Chair
City of V,glnla Be~ch [:~'velopme.~t Authority
VP October 5 and October 12, 1999 --
FILED ON. 10/15/99
-a- :- -: =: .................. · ...........................
Legal
Affiant:
Subscribed and ~Q.~r~ (t~before--/% --qke in{my city and state on the day and year
aforesai~ t~is ~~.~ay of
Notary: ~~_ ~ ~. Lll0~~ commission expires September 30, 2003
EXHIBIT A
NOTICE OF PUBLIC HEARING OF THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
TUESDAY, OCTOBER 19, 1999
All persons interested in the proposed issuance of the below-mentioned bonds by the City
of Virginia Beach Development Authority (the "Authority") should take notice that the Authority
will hold a public hearing on the subject of such bonds and the related plan of financing on October
19, 1999, at 8:30 a m., in the offices of the City of Virginia Beach Development Authority at One
Columbus Center, Suite 300, Virginia Beach, Virginia, which hearing may be adjourned or continued
without further notice. Any persons interested in the issuance of the bonds or the location or nature
of the proposed facilities may appear at the hearing and present his or her views. The maximum
amount, initial owner or operator of the facility to be financed thereby, location of the facility to be
financed thereby and purpose of the bonds being considered are as follows:
$1,813,000 City of Virginia Beach Development Authority Housing Revenue Bonds
(King's Row Project), to be issued pursuant to Chapter 643 of the Virginia Acts of
Assembly of 1964, as amended, for the benefit of King's Row Associates, LLC, a
Virginia limited liability company (the "Applicant"), for the purpose of financing the
acquisition of a 56 unit multi-family residential rental project and related facilities
(the "Project"), located on 3 247 acres of land at 3020 King's Row Court, Virginia
Beach, Virginia 23452-6933. The Project will be owned and operated by the
Applicant, whose principal place of business is c/o United Property Associates, 4455
South Boulevard, State 250, Virginia Beach, Virginia 23452-1159.
Said proposed bonds, if issued, will not create a debt or pledge of the faith and credit of the
Commonwealth of Virginia, the City of Virginia Beach or the Authority, and will not be payable
from state or local tax revenues. Rather, such bonds will be hmited obligations of the Authority,
payable solely from funds provided by the beneficiary of the bonds identified above.
A copy of the Applicant's application ~s on file and open for inspection at the Authority's
office, at One Columbus Center, Suite 300, Virginia Beach, Virginia 23462, during business hours.
HNi 260887 I
Persons wishing to address the City of Virginia Beach Development Authority at the public hearing
on the subject of the above bond issue are requested to notify the undersigned at 437-6464, preceding
the meeting.
Stephen W. Burke, Chair,
C~ty of Virginia Beach Development Authority
HN! 260887 I 2
EXHIBIT B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
October 19, 1999, AT 8:30 A.M.
(King's Row Project)
The Chairman of the C~ty of Virg~ma Beach Development Authority (the "Authority")
announced the commencement of a public hearing on the request of King's Row Associates, LLC,
a Virginia limited liability company (the "Borrower"), and that a notice of the public hearing was
published once a week for two consecutive weeks in a newspaper having general circulation in the
City of Virginia Beach, Virginia, the first publication being not less than 14 days prior to the hearing
and the second publication being not more than 21 days prior to the hearing. The Chairman
indicated that a copy of the notice and a certificate of publication of such notice were being filed
with the records of the City Council of the City of Virginia Beach.
The following individuals appeared and addressed the Authority:
Mr. H David Embree appeared as bond counsel on behalf of the Borrower. Mr. Embree
gave a brief description of the Project (defined below). He explmned that the proposed issuance of
the Authority's Housing Revenue Bonds (King's Row Project) (the "Bonds") would fund the
acqmsition of a 56-umt multi-family residential rental housing project at 3020 King's Row Court
(the "Project"), in the City of Virginia Beach. Mr. Embree then introduced Dr. Bernie J.
Grablowsky, one of the principals of the Borrower.
Dr. Grablowsky then described the Project in greater detail, confirmed that no rezomng or
site plan approval was reqmred, and indicated that ~t would address the public purpose of providing
safe, attractive and sanitary housing for low and moderate income families within the City of
Virginia Beach.
No other persons appeared to address the Authority, and the Chairman closed the public
heanng. Following the closing of the public hearing, a resolution entitled "Resolution Evidencing
the Official Intent of the City of Virginia Beach Development Authority to Issue its Housing
Revenue Bonds for King's Row Associates, LLC in the Principal Amount Not to Exceed
$1,813,000" was moved, seconded and unanimously adopted by the Authority.
The Authority hereby recommends that the City Council of the City of Virginia Beach,
V~rgima approve the proposed financing for state law and federal tax law purposes, transmits the
HNI 260890 I
Fiscal Impact Statement to the City Council of the City of Virginia Beach, and asks (a) that this
recommendation be received at the next regular or special City Council meeting at which this matter
can be properly placed on the agenda for hearing and (b) if public approval is granted by the City
Council, that the C~ty immediately make application to the Virginia Small Business Financing
Authority for an allocation of the Commonwealth's private activity bond limit for housing bonds.
HNI 260890 I
EXHIBIT C
RESOLUTION EVIDENCING THE OFFICIAL INTENT OF THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
TO ISSUE ITS HOUSING REVENUE BONDS
FOR KING'S ROW ASSOCIATES, LLC
IN THE PRINCIPAL AMOUNT NOT TO EXCEED $1,813,000.00
WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), was
created pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"),
and is now existing and operating as a public body corporate and pohtlc; and
WHEREAS, the Authority was created to promote the public interest and the safety, health,
welfare, convenience and prosperity of the inhabitants of the City of Virginia Beach, Virginia (the
"City"), and the Act empowers the Authority to issue its revenue bonds in accordance therewith to
pay all or any part of the cost of the planning, development, acquisition, construction, repair or
rehabilitation of multi-family residential rental property ineeting the requirements of the Internal
Revenue Code for individuals and families of low and moderate income; and
WHEREAS, representatives of King's Row Associates, LLC (the "Company") have held
discussions with representatives of the City and the Authority with respect to its acqmsit~on of a 56
unit multi-family residential rental project and related facilities (the "Project"), located on 3.247
acres of land at 3020 King's Row Court, Virginia Beach, Virginia 23452-6933 and constituting "a
residential rental project" as the term is used in Section 1 103-8(b) of the Treasury Regulations; and
WHEREAS, the Company has represented to the City and the Authority that it will comply,
using its own funds, with the requirement of Section 147(d) of the Code that the Company spend at
least 15% of the bond-financed acquisition cost attributable to the buildings comprising a portion
of the Project in rehabilitation of such buildings; and
HNI 260888 I 1
WHEREAS, the Authority, after due notice, has on this date conducted a public hearing on
the application of the Company for revenue bond financing of the Project in compliance with the
requirements of Section 147(0 of the Code and Va. Code Section 15.2-4906;
WHEREAS, the Company has requested that the Authority (a) determine that there is a
significant shortage of affordable, sanitary and safe residential rental property in the City for
individuals and families of Iow and moderate income, (b) take official action authorizing the
financing of its acquisition, construction and equipping of the Project and (c) agree in principle to
issue not to exceed $1,813,000 of its housing revenue bonds (the "Bonds") therefor, as proposed by
the Company;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY:
1. It is hereby found and determined that the undertaking of the ProJect in the City will
in part redress the shortage in the City, Southeastern Virginia and the Commonwealth of affordable,
sanitary and safe residential rental property for individuals and families of low and moderate income.
2. Upon the recommendation ofthe Company, the Authority hereby appoints Hofheimer
Nusbaum, P. C., as bond counsel with respect to the financing of the Project.
3. To assist the Company to undertake the Project, the Authority hereby agrees
pnnclple to issue its Bonds in an amount not to exceed $1,813,000.00 upon terms and conditions to
be mutually agreed upon by the Authority, the Company and the purchaser of the Bonds The Bonds
shall be privately placed and sold to the seller of the Project pursuant to a purchase agreement.
4. The Company has represented to the Authority that interest on the Bonds financing
the acquisition of the ProJect is intended to be excluded from the gross income of the holder or
llNI 260888 I 2
holders thereof for federal and state income tax purposes, and that the Authority shall receive an
administrative fee for issuing and carrying the Bonds equal to one-eighth of 1% per annum
calculated and payable in annual installments on the outstanding principal balance of the Bonds on
each anniversary of the issuance of the Bonds.
5. The Company having represented to the Authority that it is necessary for the
Company to proceed immediately with the acquisition and planning for the rehabilitation of the
Project, the Authority hereby agrees that the Company may proceed with the plans for the
rehabilitation of the Project, enter into contracts for the design and rehabilitation thereof, and take
such other steps as it may deem appropriate in connection therewith, provided that nothing herein
shall be deemed to authorize the Company to obligate the Authority without its consent in each
instance to the payment of any monies or the performance of any actions in connection with the
Project. This resolution constitutes a declaration of"official intent" for purposes of Treasury Reg.
§1.150-2.
6. All costs and expenses in connection with the Bonds and the acquisition, design and
rehabilitation and operation of the Project, including but not limited to the fees and expenses of Bond
Counsel, shall be paid from funds of the Company and not from the proceeds of the Bonds If for
any reason the Bonds are not issued, it is understood that all such expenses shall be paid by the
Company and that the Authority shall have no responsibility therefor.
7. Neither the Bonds nor the premium, if any, nor the interest payable thereon shall be
a general obligation debt of the Commonwealth of Virginia or any political subdivision thereof,
including the Authority and the City, and neither the Commonwealth of Virginia, nor any political
subdivision thereof, including the Authority and the City, and the officials, officers, commissioners
HNI 260888 I 3
and/or employees, past, present or future, of any or all, are or shall be personally liable thereon. The
Bonds, together with the premium, if any, and the interest payable thereon, shall be a limited
obligation of the Authority payable solely pursuant to the terms of the Bonds and the related
documents.
8. The Authority hereby recommends that the Council ofthe City of Virginia Beach (the
"Council") approve the issuance of the proposed Bonds, and directs the Chairman of the Authority
to transmit to the Council the F~scal Impact Statement, a copy of this resolution and a reasonably
detailed summary of the Authority's pubhc heating held this date.
9. The Authority hereby agrees, upon approval of the Bonds by Council, if granted,
promptly to make application, on Fom~ HB, to the Virginia Small Business Financing Authority, as
the administrative authority for the Commonwealth's private activity bond program, fbr an allocation
of $1,813,000 of the Commonwealth's private activity bond limit set aside for housing projects being
financed by "local housing authorities" (an "Allocation"). Such application shall be submitted with
all attachments required by the Virginia Private Activity Bond Allocation Guidelines.
10. The Authority, including its commissioners, officers, employees or agents, past,
present or future, shall not be liable to any person or entity, including the Company or anyone
claiming through it, for any damages or losses, direct or consequential, resulting from the failure of
the Authority to recommend the Project for an Allocation, the recommendation by the Authority that
another project receive an Allocation ahead of the Project, the failure of the Bonds to receive an
Allocation even if recommended by the Authority, the execution and delivery of the Bonds and the
documents relating thereto, or the failure or to approve, execute and deliver any such documents or
to issue any such Bonds.
HNI 260888 I 4
11. The provisions of this resolution are hereby declared to be separable, and if any
section, phrase or provision of this resolution shall be declared invalid, such invalidity shall not
affect the validity of the remainder of the sections, pltrases and provisions of this resolution
12. The Authority shall perform such other acts and adopt such further resolutions as may
be required to implement its undertakings hereinabove set forth.
13. This resolution shall take effect immediately upon its adoption.
The undersigned Secretary of the Authority hereby certifies that the foregoing is a true,
correct and complete copy of a resolution adopted by the Authority's Board of Commissioners at a
meeting duly called and held on October 19, 1999, in accordance with law; that the following
members, constituting a quorum of the Authority, were present and voting regarding the foregoing
resolution.
that the foregoing resolution was duly adopted by the Authority by the following vote:
Affirmative: 5 Negative: 0 Abstentions: 1
and that such resolution has not been repealed, revoked, rescinded or amended and is in full force
and effect on the date hereof.
(Corporate Seal)
ATTEST:
HNI 260888 I 5
EXHIBIT D
DISCLOSURE STATEMENT
Date: October 5, 1999
Applicant' s Name(s):
King's Row Associates, LLC (purchaser)
All Owners (tfdtfferentfrom apphcant): Bette W. Browning (present owner)
Type of Application:
Rezomng: From
Conditional Use Permit:
Street Closure:
Subdlvlslon Variance:
Other: HouslngBond Issue
to
The following is to be completed by or for the Applicant:
1. If the applicant ~s a CORPORATION, hst all the officers of the Corporation:
,
If the applicant is a PARTNERSHIP, FIRM or other Umncorporated Organization, list all
members or partners in the organization:
Bernie J. Grablowsky, Elko Associates, LC and Dickerson Family Partners, L.L.C.
The following is to be completed by or for the Owner (tfdtfferentfrom the apphcant)
1. If the owner is a CORPORATION, list all of the officers of the Corporation:
.
If the owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, hst all
members or partners in the organization:
KING'S ROW ASSOCIATES, LLC
By: [/
Bernie J. Grablowly, Manager
HN1 262056 I
VIRGINIA
Deveiopmenl Authonly
One Columbus Center, Suite 300
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
F Dudley Fulton, Chmr
Stephen W Burke, Vsce-Cha~r
W Brantley Basmght Ill, Secretary
Kenneth D Barefoot. Treasurer
Elizabeth A ' Betsy" Duke
Robert F Hagans, Jr
Robert G Jones
EXHIBIT E
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
HOUSING REVENUE BONDS (KANG'S ROW PROJECT)
The Authority recommends approval of the captioned finanmng. A pubhc hearing was held by
the Authority on October 19, 1999, following which the Authority adopted a resolution
approving the financing of the proposed 56-umt multi-family residential rental project (the
"ProJect") The ProJect and its substanhal rehablhtatlon will provide benefits to the City of
V~rg~ma Beach m the form of the provision of safe, attractive and samtary housing for low and
moderate illCOllle fam~hes w~th~n the City of V~rg~ma Beach. Its rehabilitation w~ll also generate
construction and perrnanent jobs and substantial tax revenues during the construction of the
ProJect and its subsequent useful l~fe
EXHIBIT F
FISCAL IMPACT STATEMENT SUBMITTED TO THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
The undersigned applicant, to permit the Chairman of the City of Virginia Beach
Development Authority to submit the following information in compliance with Section 15.2-4907,
Code of V~rginia of 1950, states:
Name of Apphcant: KING'S ROW ASSOCIATES, LLC
Facility:
56 unit multi-family residential rental project on 3.247 acres located at 3020
King's Row Court, Virginia Beach, Virginia 23452-6933
1. Maximum amount of financing sought
$1,813,000
,
Estimated taxable value of the facility's real property
to be constructed (rehabilitated) in the C~ty of Virginia Beach
$ 205,200
3. Estimated real property tax per year using present tax rates
$ 22,000
4. Estimated personal property tax per year using present tax rates
$ 250
5. Estimated business license tax per year using present tax rates
$ 2,006
6. a. Estimated dollar value per year of goods that will be
purchased from Virginia companies within the locality
$60,000 Years 1 & 2
$ 25,000 thereafter
b. Estimated dollar value per year of goods that will
be purchased from non-Virginia companies within the locality
$ 0
c. Estimated dollar value per year of services that
will be purchased from Virginia companies within the locality
$70,000 Years 1 & 2
$ 40,000 thereafter
d. Estimated dollar value per year of services that will
be purchased from non-Virginia companies within the locality
$ 0
7. Estimated number of regular employees on year round basis
8. Average amaual salary per employee
$ 25,300
APPROVED:
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
~~hen W. Burke, Chairman
HNI 260889 I
EXHIBIT G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
HOUSING REVENUE BONDS
o
2.
3.
4.
5.
o
PROJECT NAME:
LOCATION:
DESCRIPTION OF PROJECT:
AMOUNT OF BOND ISSUE:
PRINCIPALS:
ZONING CLASSIFICATION:
a. Present zoning classification
of the Property
b. Is rezoning proposed?
c. If so, to what zoning
classification?
King's Row Associates, LLC
3020 King's Row Court
56 umt multi-family residential rental project
not to exceed $1,813,000
Bernie J. Grablowsky, Ph.D.
David D. Dickerson, Sr.
Yes
No X
N/A
HNI 260892 I
EXHIBIT H
DEPARTMENT OF HOUSING AND
NEIGHBORHOOD PRESERVATION
(757) 426 5750
FAX (757) 426 5766
TDD (757) 426 5794
CODE ENFORCEMENT DIVISION
1757) 427 4425
MUNICIPAL CENTER
BUILDING 18A
2424 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456 9083
October 15, 1999
Cham'nan, V~rg~ma Beach, Developlnent Authority
One Columbus Center, Sutte 300
Virginia Beach, VA 23462
FAX//499-9894
,/'/Gary Fentress, Esq
Office of the City Attorney
Mummpal Center
FAX# 563-1167
RE:
Ewthlation of Public Benefit
Kings Ro~v Associates, LLC Bond Financing Applic.'ttion
3020 King's Row Court/56 unit multifamily housing
VBDA Agenda October 19, 1999
I have reviewed the information provided regarding the above ~eferenced prolcct In my op~nlon a
public benefit is achmvcd by ensuring that 40% of the 56 apmtmcnts will be sci asldc foi tenants
whose incomes are 60% or lcss of the median gross income as adlustcd fo~ family s~/c as detei mined
by I IUD
Plcase let me know ~l'you need anything turthcr regmding th~s ~ssue Thank you
OCT 211
CITY ATTORlUEY
CITY OF VIRGtI~IIA B_EACH_
l'5oud Ret tpu'ut .fl~t(' I qO,s' IIS Semtte 3ledalho~t (#'Excellence fi. l',odu(hmly and (2htahly t. lit(, l'ttbh(
- 25 -
Item V-H. 2
RESOL UTIONS/ORDINANCE
ITEM # 45654
The following registered tn OPPOSITION
Attorney R Edward Bourdon, Pembroke One - 5th Floor, Phone 499-8971, represented numerous property
owners and commerctal land owners
Attorney R d Nutter, 4425 Corporatton Lane, Phone 518-3200, represented Breeden Properttes, CH &
B and others
A MOTION was made by Counctl Lady McClanan, seconded by Counctl Lady Eure, to DEFER unttl the
Ctty Council Session of November 23, 1999 (Counctl Lady Eure WITHDREW her Second)
Resolutton to refer to the Planntng Commtsston proposed Amendments
and a new Section to the Ctty Zontng Ordmance (CZO) re certain large
retail developments (Sponsored by Counctl Member Reba S McClanan)
Sectton 111
re definitions
Sectton 901
re use regulations in Business Districts
Sectton 1511
re use regulations in RT-2 District
Sectton 1521
re use regulations in RT-3 District
Add Sectton 240 1
re standards for conditional use permits
Upon SUBSTITUTE MOTION by Councilman Harrtson, seconded by Counctlman Branch, Ctty Counctl
DEFERRED INDEFINITELY
Resolutton to refer to the Planmng Commtsston proposed Amendments
and a new Section to the Ctty Zoning Ordtnance (CZO) re certain large
retail developments (Sponsored by Counctl Member Reba S McClanan)
Sectton 111
re definitions
Sectton 901
re use regulations in Business Districts
Sectton 1511
re use regulations in RT-2 District
Sectton 1521
re use regulations in RT-3 District
The voluntary gutdelines for commerctal development wtll be SCHEDULED for the Ctty Counctl Sesston
of November 23, 1999 A Commtttee should be appotnted wtth Ctty Counctl Liaisons concermng
development of large retatl developments
IZottng 6-4
Counctl Members Vottng Aye
Ltnwood 0 Branch, IIL Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Hetschober, Louts R Jones and Vtce Mayor Wtlham D Sessoms,
Jr
Counctl Members Vottng Nay
Barbara M Henley, Reba S McClanan, Nancy K Parker and A M
"Don" Weeks
Counctl Members Absent
Mayor Meyera E Oberndorf
November 9, 1999
1 REQUESTED BY COUNCILWOMAN REBA S. McCLANAN
A RESOLUTION REFERRING TO THE PLANNING
COMMISSION PROPOSED AMENDMENTS TO SECTIONS
111, 901, 1511 AND 1521 OF THE CITY ZONING
ORDINANCE, AND A PROPOSED NEW SECTION 240.1
PERTAINING TO CERTAIN LARGE RETAIL
DEVELOPMENTS
WHEREAS, large retail establishments, whether ~n the form of
10 smngle establishments or shopping centers, provide the C~ty and its
11 citizens with significant benefits, they can also have significant
12 visual, envmronmental, economic, traffic and other impacts upon the
13 community; and
14
WHEREAS, the development of large retail establishments
15 permitted as a matter of right in the B-IA, B-2, B-3, B-4, RT-2 and
16 RT-3 Zoning Districts, and under existing zoning regulations, the
17 City has little control over the siting, design, and other
18 characteristics of such establishments; and
19
WHEREAS, it is the sense of the City Council that, in light of
20 the potential impacts of large retail establishments, their siting,
21 design and other characteristics should be more closely regulated
22 than ~s possible under existing zonzng regulations;
23
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25
There ~s hereby referred to the Planning Commission, for ~ts
26 consideration and recommendation, proposed amendments to Sections
27 111 (definitions), 901 (use regulations in Business Districts),
28
29
1511 (use regulations ~n the RT-2 Zoning Distr~ct) and 1521 (use
regulations ~n the RT-3 Zoning District), and a proposed new
30 Section 240.1 (standards for conditional use permits for large
31 retail establishments), of the C~ty Zoning Ordinance. A true copy
32 of such proposed amendments is hereto attached.
33
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
34 BEACH, VIRGINIA:
35
36
38
39
40
That the Planning Commission is hereby directed to make and
transmit its recommendation to the City Council by no later than
December 8, 1999.
Adopted by the City Council of the City of Virginia
Beach, Virginia, on the day of , 1999.
41
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44
CA-99-7519
wmm\ordres\retailestab, res
R-1
October 28, 1999
10
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24
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26
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29
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AN ORDINANCE TO AMEND SECTIONS 111, 901, 1511
AND 1521 OF THE CITY ZONING ORDINANCE AND ADD
NEW SECTION 240.1, PERTAINING TO CERTAIN LARGE
RETAIL ESTABLISHMENTS
Sections Amended: ~§ 111, 901, 1511 AND 1521
Section Added' ~ 240.1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA'
That Sections 111, 901, 1511 and 1521 of the City Zoning
Ordinance are hereby amended, and a new Section 240.1 is hereby
added, to read as follows'
Sec. 111. Definitions.
For the purpose of this ordinance, words used in the present
tense shall include the future; words used in the singular number
include the plural and the plural the singular; the use of any
gender shall be applicable to all genders; the work "shall" is
mandatory; the word "may" is permissive; the word "land" includes
only the area described as being above mean sea level; and the word
"person" includes an individual, a partnership, association, or
corporation.
In addition, the following terms shall be defined as herein
indicated:
Retail establishment. Any building used for the display and
sale of merchandise to the general public at retail.
Shopping center. A group of two (2) or more retail or other
commercial establishments having any or all of the following
characteristics-
(a) The establishments are connected by party walls,
partitions, canopies or similar features;
(b) Some or all of the establishments are located in separate
buildings which are designed as a single commercial group
sharing common parking areas and vehicular ways and which
are connected by walkways or other access waysl
37
38
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40
41
42
43
44
45
46
48
.9
50
51
(c) The establishments are under the same mana_qement or
association for the purpose of enforcing reciprocal
agreements controlling management or parking; or
(d) The establishments are structurally designed in an
integrated fashion around or along the sides of a
promenade, walkway, concourse or courtyard.
COMMENT
The City Zoning Ordinance currently lacks a definition of the term "retail establishment."
The inclusion of the proposed definition is intended to rectify that omission.
The definition of the term "shopping center" is included in light of the amendments requiring
conditional use permits for large retail developments set forth in the proposed Section 240.1.
Sec. 240.1. Large retail developments.
(a) The provisions of this section shall apply to retail
establishments and shopping centers having a total of 80,000 gross
square feet or more of floor area and to additions or expansions
52
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54
55
56
57
58
J9
60
61
62
63
64
66
67
68
69
thereof where the gross square footage of floor area is increased
by fifty per cent (50%) or more and the resulting floor area will
equal or exceed 80,000 qross square feet.
(b) In addition to the information required by Section
221(a). an application for a conditional use permit shall include
the following:
(1) A plan of development showing all proposed buildings,
structures and other improvements, landscaping, areas
where trees or other existing features are to be
preserved, environmentally sensitive areas, siqnage,
lighting and parking areas;
(2) Building elevations showing the architecture, materials
and colors of proposed buildings;
(3} A traffic impact study which includes an analysis of
existing conditions, projected traffic generation,
general traffic circulation, employee and customer
parking, pedestrian circulation, service and loadin~
areas, projected traffic impact upon existing roadways,
70 and roadway improvements required to mitigate unavoidable
71
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81
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~3
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89
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97
98
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traffic impacts.
(c) In acting upon applications for a conditional use permit
for a large retail development, the City Council shall consider, in
addition to the general standards set forth in Section 220, the
extent to which the proposed development conforms to the DesiqD
Guidelines for Large Retail Establishments set forth in the
Appendix to the Comprehensive Plan.
COMMENT
The proposed amendment adds a new Section 240.1 to the City Zoning Ordinance. The new
section:
(a)
requires conditional use permits for retail establishments and shopping centers having
a total of 80,000 gross square feet or more of floor area and for additions or expansions
thereof where the gross square footage of floor area is increased by fifty per cent
(50%) or more and the resulting floor area will equal or exceed 80,000 gross square
feet;
(b)
(c)
requires certain information to be submitted in connection with a conditional use
permit application in addition to the general information required of all such
applications; and
requires the City Council to consider the extent to which a proposed large retail
development conforms to the Design Guidelines for Large Retail Establishments
adopted as part of the Comprehensive Plan.
The inclusion of subsection (3) allows the City Council a high degree of flexibility in basing a
decision whether to grant or deny a conditional use permit application upon the factors set forth in
the Design Guidelines. While full conformity with the Guideline, which are largely aesthetic in
character, is not required in order for the City Council to grant a use permit, the City Council may
properly consider the aesthetics of a proposed development, so long as a decision is not solely based
upon aesthetic considerations.
100
101
102
103
104
105
106
107
108
Sec. 901. Use regulations [Business Districts].
(a) Principal and conditional uses. The following chart lists
those uses permitted within the B-1 through B-4 Business Districts.
Those uses and structures in the respective business districts
shall be permitted as either principal "P" or
as conditional uses indicated by a Uses and structures
indicated
districts.
permitted.
uses indicated by a
II C · 11
by an "X" shall be prohibited in the respective
No uses or structures other than as specified shall be
109 Use B-1 B-IA B-2 B-3 B-3A B-4
111
112
113
114
115
116
117
118
119
120
121
122
173
125
126
]27
8
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
~46
7
148
149
150
151
152
153
154
155
156
157
Retail establishments,
other than those
listed separately
and those subject
to the provisions
of Section 240.1,
including the in-
cidental manufac-
turing of goods for
sale only at retail
on the premises; re-
tail sales and dis-
play rooms and lots,
provided that yards
for storage of new or
used building materials
or yards for any scrap
or salvage operations
or for storage or dis-
play of any scrap, sal-
vage or secondhand
building materials
or automobile parts
shall not be allowed,
and further provided,
that adult book stores
shall be prohibited from
locating within five
hundred (500) feet of
any apartment or res-
idential district,
single- or multiple-
family dwelling, church,
park or school
Retail establishments
X P P P P P
subject to the pro-
visions of Section
240.1
Shopping centers,
except as subject
Section 240.1
Shopping centers
subject to the
provisions of
Section 240.1
158
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~60
161
COMMENT
The amendments establish retail establishments and shopping centers which are subject to
the provisions of new Section 240.1 as conditional uses in the B-lA, B-2, B-3, B-3A and B-4
Business Districts and maintain the existing regulations as to retail establishments and shopping
162
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168
169
170
171
172
173
1-4
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177
178
179
180
181
182
183
184
185
187
188
189
190
191
192
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194
195
centers not subject to Section 240.1. Section 240.1, which is set forth above, requires conditional
use permits for retail establishments and shopping centers having a total of 80,000 gross square
feet or more of floor area and for additions or expansions thereof where the gross square footage of
floor area is increased by fifty per cent (50%) or more and the resulting floor area will equal or
exceed 80,000 gross square feet.
· · · ·
Sec. 1511. Use regulations [RT-2 Resort Tourist District].
(a) Principal uses and structures: For parcels less than
fourteen thousand (14,000) square feet in size, any one of the
following is allowed; provided, however, that drive-through
facilities shall not be permitted as a principal or accessory
use:
(17) Retail establishments, other than those subject to the
provisions of Section 240.1, including the incidental
manufacturing of goods for sale only at retail on the
premises; retail sales and display rooms and lots,
provided that yards for storage of new or used building
materials or yards for any scrap or salvage operations
or for storage or display of any scrap, salvage or
secondhand building materials or automobile parts shall
not be allowed, and further provided that adult book
stores shall be prohibited from locating within five
hundred (500) feet of any apartment or residential
district, single or multiple-family dwelling, church,
park or school.
(17.5) Shoppinq centers, other than those subject to the
provisions of Section 2401.1.
(c) Conditional uses and structures. Uses and structures
hereinafter specified, subject to compliance with the provisions
of part C of article 2 hereof; provided, however, that except as
set forth in subdivision (5.5), drive-through facilities shall
not be permitted as a conditional or accessory use-
197 ....
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(17.5)
(18.5)
Retail establishments subject to the provisions of
Section 240.1.
Shoppinq centers subject to the provisions of
Section 240.1.
· · · ·
COMMENT
The amendments establish retail establishments and shopping cente~ which are subject to
the provisions of new Section 240.1 as conditional uses in the RT-2 Reso~ Tourist District and
maintain the existing regulations as to retail establishments and shopping centers not su~ect to
Section 240.1.
Sec. 1521. Use regulations [RT-3 Resort Tourist District].
(a) Principal uses and structures: For parcels less than
twenty thousand (20,000) square feet in size, any one of the
following is allowed; provided, however, that except as provided
in subdivision (5.5) of subsection (c), drive-through facilities
shall not be permitted in any portion of the district:
(18) Retail establishments, other than those subject to the
provisions of Section 240.1, including the incidental
manufacturing of goods for sale only at retail on the
premises; retail sales and display rooms and lots,
provided that yards for storage of new or used building
materials or yards for any scrap or salvage operations
or for storage or display of any scrap, salvage or
secondhand building materials or automobile parts shall
not be allowed, and further provided that adult book
stores shall be prohibited from locating within five
hundred (500) feet of any apartment or residential
district, single or multiple-family dwelling, church,
park or school.
(19) Shopping centers, other than those subject to the
provisions of Section 2401.1.
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236
237
238
239
241
742
243
244
245
246
247
248
249
250
251
252
253
(c) Conditional uses and structures. Uses and structures
hereinafter specified, subject to compliance with the provisions
of part C of article 2 hereof; provided, however, that except as
set forth in subdivision (5.5), drive-through facilities shall
not be permitted as a conditional or accessory use in any portion
of the district east of Arctic Avenue, south of Winston-Salem
Avenue and 4th Street, or north of 35th Street:
(17.5)
(18.5)
Retail establishments subject to the provisions of
Section 240.1.
Shopping centers subject to the provisions of
Section 240.1.
COMMENT
The amendments establish retail establishments and shopping centers which are subject to
the provisions of new Section 240.1 as conditional uses in the RT-3 Resort Tourist District and
maintain the existing regulations as to retail establishments and shopping centers not subject to
Section 240.1.
Adopted by the City Council of the City of Virginia Beach,
day of , 1999.
Virginia, on this
CA-7404
wmm\ordres \retailestab. com
R-1
October 29, 1999
APPROVED AS TO
LEGAL SUFFIC :E;,!S',,"
· % '
I
Item V-H.$.
RES OL UTIONS/ORDINANCE
- 26-
ITEM # 45655
The followtng spoke tn SUPPORT of the Resolutton
Mtke Arsuaga, 1704 Woodchff Ctrcle, Phone 721-7841
Henry Ryto, 864 Old Vtrginta Beach Road, Phone 428-2 763
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Jones, City Counctl ADOPTED
Resolutton to declare, as a result of the Vtrgtnta Beach voters'
expresston (November 2, 1999, Advtsory Referendum) that the Ctty
wtll not parttctpate further tn the Light Rail Transit Project, no
substanttal portton of the ProJect shall be located wtthtn the Ctty;
and, the Ctty Clerk ts dtrected to transmtt a certtfied copy of thts
Resolutton to the Members of the Transportatton Dtstrtct
Commtsston of Hampton Roads (HRT). (Requested by Members of
City Counct0
Counctl Lady Henley requested alternattves be determtned and HR T come forward wtth a recommendatton
The Ctty should consult with other ctttes tn the regton relative the Light Rail Counctlman Weeks wtll provtde
correspondence relattve alternattves, which he has researched from across the Country Mayor Oberndorf
advtsed hght ratl ts on a stattonery hne and bus servtce must be avatlable to access same Mayor Oberndorf
beheved one alternattve would be to request HRT downstze some of the buses to come into the
netghborhoods, at least tn the summer, to ptck up the young people and travel to the beach If there ts
another technology brought to Ctty Counctl that can move masses of people safely and expedtttouslyfor a
responstble amount of funds, Mayor Oberndorf beheved the Counctl would wtsh to revtew, but unttl that
occurs, tt ts dtfficult not to support theproposed Resolutton Council Lady Eure recommended a Task Force
to develop a concept for Vtrgtnta Beach relattve bus stze and extended routes
Voting 11-0
Counctl Members Voting 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, dr and A M "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Absent
None
November 9, 1999
A RESOLUTION DECLARING, IN LIGHT OF THE
EXPRESSION OF THE CITIZENS IN THE ADVISORY
REFERENDUM HELD ON NOVEMBER 2, 1999, THAT THE
CITY OF VIRGINIA BEACH WILL NOT PARTICIPATE
FURTHER IN THE LIGHT RAIL TP3~NSIT PROJECT, AND
THAT NO SUBSTANTIAL PORTION OF THE PROJECT
SHALL BE LOCATED WITHIN THE CITY OF VIRGINIA
BEACH
WHEREAS, the City Council consistently has conditioned
10
11
its support of the proposed Light Razl Transit Project (the
·
Project) on the citizens' approval, in an advisory referendum, of
12 the development and means of financing of the Project; and
13
WHEREAS, on November 2, 1999, an advmsory referendum on
14 the question, "Should the City Council adopt an ordinance approving
15 the development and financing of the proposed Vmrginia Beach-
16 Norfolk-Naval Base Light Rail Transit Project" was held; and
17
WHEREAS, the majority of persons voting on the aforesaid
18 question voted "No"; and
19
WHEREAS, the Cost Allocation Agreement between the
20 Transportation District Commission of Hampton Roads and its
21 participating cities, including Virginza Beach, provides, in
22 pertinent part, that "[e]ach Participatzng City will have final
23 determination on the type, amount and location of publmc
24 transportation service provided within its borders;"
25
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
26 OF VIRGINIA BEACH, VIRGINIA:
27
1. That as a result of the expressmon of the voters mn
28 the advisory referendum, the City Council hereby declares that ~t
29 will not participate further in the Project; and
3O
2. That it hereby determines and declares, pursuant to
31 the aforesaid provision of the Cost Allocation Agreement, that no
32 substantial portion of the Project shall be located within the City
33 of Virginia Beach.
34
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
35 VIRGINIA BEACH, VIRGINIA:
That the City Clerk is hereby directed to transmit a
37 certified copy of this Resolution to the members of the
38 Transportation District Commission of Hampton Roads.
39
Adopted by the Council of the City of Virginia Beach,
40 Virginia, on the 9th day of November, 1999.
41
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44
CA-99-7531
wmm~ordres~lightrail.res
R-3
November 4, 1999
-27-
Item V-H. 4.
RESOL UTIONS/ORDINANCE
ITEM # 45656
Upon motion by Vice Mayor Sessoms, seconded by Councdman Branch, City Council ADOPTED:
Ordinance to TRANSFER $41,091 from the General Fund Regular
Reserve for Conttngenctes to the FY 1999-2000 Operattng Budget of
Emergency Medical Services re provtding a Grant to the Chesapeake
Beach Volunteer Rescue Squad for repatr ora damaged ambulance.
Voting. 11-0 (By Consent)
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdliam W. Harrison, Jr,
Harold Hetschober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor
W~lham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Absent
None
November 9, 1999
AN ORDINANCE TO TRANSFER $41,091 FROM THE
GENERAL FUND REGULAR RESERVE FOR CONTINGENCIES
TO THE FY 1999-00 OPERATING BUDGET OF THE
DEPARTMENT OF EMERGENCY MEDICAL SERVICES FOR
THE PURPOSE OF PROVIDING A GRANT TO THE
CHESAPEAKE BEACH VOLUNTEER RESCUE SQUAD TO
REPAIR A DAMAGED AMBULANCE
WHEREAS, ~n 1998, an ambulance operated by the Chesapeake Beach Volunteer
9 Rescue Squad ("Rescue Squad") was ~nvolved ~n an accident in route to a call for service, resulting
10 ~n $58,758 in damages to the vehicle, and
11
WHEREAS, the City's R~sk Management Division will provide $17,667 toward
repairs to the vehicle, but the Rescue Squad does not have adequate funds to pay the additional
13 amount for repairs, and ~t lacks the fund-rinsing capacity to repay an interest-free loan from the C~ty
14
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
16
That $41,091 ~s hereby transferred from the General Fund Regular Reserve for
17 ContIngencms to the FY 1999-00 Operating Budget of the Department of Emergency Medical
Services for the purpose of providing a grant to the Chesapeake Beach Volunteer Rescue Squad to
repair a damaged ambulance
20
21 9
Adopted by the Councd of the City of V~rglma Beach, V~rg~ma, on the
of blovember , 1999
CA-7525
ORDINXNONCODE\AMBULANCE REPAIR ORD
NOVEMBER 1, 1999
R2
APPROVED AS TO CONTENT APPROVED AS TO
SUFFICIENCY
Walter C Kraemer, Jr. ~ Departme~ of Law /X(
LEGAL
MEMORANDUM
DATE.
November 3, 1999
TO:
James K Spore DEPT Executlv '
City Manager
FROM:
SUBJECT:
Bruce W Edwardsq7'~ DEPT Emergency Medical Services
Chief
Grant to Chesapeake Beach Volunteer Rescue Squad
It is my understanding that you had a few questions regarding the agenda request seeking a grant to
replace the Chesapeake Beach Volunteer Rescue Squad's ambulance which was totaled in an
accident last winter I will be brief
First, the program which loans and grants monies to rescue squads is a carryover Crom Princess Anne
County days It started offas a no-interest loan program to the volunteer fire departments. Over the
years, because of the mabdlty of certain squads to repay loans, it has developed into a loan/gran, t
program to help supplement the purchase of such rolling stock such as ambulances and squad trucks
For example, as recently as May of 1997, EMS secured from City Council a grant to the Creeds
Volunteer Rescue Squad in the amount of $38,000 to supplement a state grant and a small amount
of squad funds to purchase a replacement squad truck A number of months ago, we requested and
Council granted a loan to the Virginia Beach Volunteer Rescue Squad in the amount of $200,000
payable over the next 10 years at no interest for a purchase of a replacement squad truck for that
organization
The reason that we granted the money to Creeds Volunteer Rescue Squad is bet msc of their inability
to repay the loan This has been discussed on numerous occasions in the Re~. ue Council over the
last 15-20 years and the squads have taken a position that they recognize that .:tam organizations
can repay loans and others cannot There is a certain amount of pride in the ab,, ,:y to repay, and that
is why we very seldom receive a request for a grant
In the case of the Chesapeake Beach Rescue Squad's problem, a quirk accldc,~t on the Chesapeake
Bay Bridge Tunnel resulted in the totaling of the ambulance Risk Manage ,~cnt provided some
$17,000 because they only reimbursed the actual cash redeemable value of tl,c wrecked unit. The
purchase ora chassis and the actual transfer of the ambulance compartment to t! ? new chassis (along
with some refurbishment because of adapting the box to the new chassis), constitutes the total
amount needed to replace the umt Because of delays ~n the process, the ambulance ~s st~ll s~tt~ng
out back ~n the out of service condition because of the lack of funding to accomplish the above This
~s the reason that we are coming to the Council to request additional funds
What makes th~s agenda request a l~ttle unique ~s that th~s ~s a premature retirement of th~s
ambulance Hence, ~t falls outside of the planmng replacement cycle that the Chesapeake Beach
Rescue Squad has for its units Presently, the Squad has one outstanding loan to the C~ty Th~s,
coupled with the fact that they own and maintain their own bmld~ng (whereas other squads do not),
and low fund dr~ve y~elds, brings us to two choices I. Not replace the umt for another year, or two;
or 2 Request the additional funds from C~ty Council We recommend the latter
Hopefully, th~s gives you add~tlonal information on the loan/grant program and th~s most unusual
case If you need further lnfbrmatlon, please let me know
cc. C Oral Lambert, Chief of Operatmns
- 28-
Item V-H. 5
RES OL UTIONS/ORDINANCE
ITEM # 45657
Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED:
License Refunds
$25,708.44
Voting 11-0 (By ConsenO
Counctl Members Voting 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
William D Sessoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Absent
None
November 9, 1999
FORMNO CA aREV 3/~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for hcense refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
LICENSE DATE
NAME ' BASE INTEREST TOTAL
YEAR PAID
ABBLE LTD
BAY BROTHERS INC
BICKLEY JOHN M & ROSEMARY
BROWN PETER FALKENBERG
C TEK CORP
CAVALIER SPORTSWEAR INC
CHREENE LINCOLN E
CONCH INCORPORATED
HAIR RACQUET STUDIO INC
IRWIN CASKILL C/O HAYGOOD GROUNDS CO L
JIANG YONG YAO
MARTIN REDELL JR
MATTRESS GENIE INC
MCDONALDS RESTAURANT OF VA INC
POTOCSKA NICHOLAS LC CPA
ROSE & WOMBLE REALTY COMPANY
SHONAC CORP
VALUE CITY DEPT STORES INC
10/06/99 AUDIT 65 71 9 48 75 19
10/08/99 AUDIT 10 00 0 00 10 00
10/11/99 AUDIT 10 00 0 00 10 00
10/11/99 AUDIT 10 00 0 58 10 58
10/05/99 AUDIT 235 30 56 84 292 14
10/12/99 AUDIT 1,750 55 347 44 2,097 99
10/11/99 AUDIT 48 76 12 19 60 95
10/11/99 AUDIT 10 00 0 00 10 00
10/11/99 AUDIT 271 54 38 45 309 99
10/14/99 AUDIT 2,445 76 0 00 2,445 76
09/28/99 AUDIT 480 00 0 00 480 00
10/08/99 AUDIT 10 00 0 50 10 50
10/08/99 AUDIT 205 27 165 21 370 48
10/13/99 AUDIT 5,648 68 678 98 6,327 66
10/11/99 AUDIT 487 83 79 15 566 98
10/05/99 AUDIT 2,909 74 0 00 2,909 74
10/06/99 AUDIT 7,172 03 743 00 7,915 03
10/06/99 AUDIT 1,348 19 457 26 1,805 45
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
City of Virginia Beach on the
$25,708.44
I~h~i~l~ d'. Kella'rn-"
Commismoner of the Revenue
J Les~ L L~lley
C~ty Attorney
were approved by the Council of the
November 99
day of ,19
Ruth Hodges Smith
City Clerk
Rem ~I
- 29-
ITEM # 45658
PLANNING
NTS OF NON-
J USE
1. a. P.M. GASKINS
b. ED WIN S. EPSTEIN
c. ANDERSON-PARKS ASSOCIATES, INC.
ENLAR GEM
CONFORMIa
L USEPERMIT
2. CORNELIUS F. BOYNTON, JR., ANTONIO BOYNTON
LOPE B. PILE AND MERCY PILE
STREET CLgl
CONDITION I
3. CLARK WHITEHILL COMPANY
VARIANCE
L USEPERMIT
4. VIRGINIA METRONET, INC. dba
A TTEL COMMUNICATIONS, INC.
CONDITION ~
L USEPERMIT
5. RICHARD A. WARD
CONDITION i
INOF
'ROFFERS
6. LEE AND DENISE BARNES
MODIFICA ]
RECORDEli
L CHANGE OF
7. CHINESE COMMUNITY ASSOCIA TION
OF HAMPTON ROADS, INC.
CONDITION_.
ZONING
~vember 9, 1999
- 30-
Item V-I.
PLANNING
ITEM # 45659
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Cay Counctl APPRO VED IN ONE
MOTIONitems 1 a (DEFERRED), 2 (DEFERRED), 3 (DEFERRED), 4, 5, 6 and 7of the PLANNING B Y
CONSENT AGENDA.
Item Ia was DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of December 7, 1999
Item 2 was DEFERRED, BY CONSENT, unttl the City Council Sesston of November 23, 1999
Item 3 was DEFERRED INDEFINITEL Y, B Y CONSENT
Vottng' 11-0
Counctl Members Votmg Aye
Ltnwood 0 Branch, III, Margaret L Eure, William 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
Councdman Harrtson ABSTAINED on Item 13 as hts law firm represents Clark Whttehtll
Councd Lady McClanan voted a Verbal Nay on Item 15 (RICHARD A WARD)
November 9, 1999
- 31 -
Item VJ.l.a.
PUBLIC HEARING
ITEM # 45660
PLANNING
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl DEFERRED unttl
the Ctty Counctl Sesston of December 7, 1999, an enlargement ora nonconformtng use upon apphcatton of
P.M. GASKINS re constructton ora loading/unloading ramp for a recychngfacthty at 1641 Industrtal Park
Road
Resolutton authortztng the expansion o fa nonconforming use on property
of P M. Gasktns located at 1641 Industrtal Park Road (DISTRICT 5-
L YNNHA VEN)
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, 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
Council Members Absent
None
November 9, 1999
- 32 -
Item V-I. lb.
PUBLIC HEARING
ITEM # 45662
PLANNING
Edwtn Epstetn, 106, 60th Street, Phone' 428-0676, the apphcant
Gerrte West, 1369 Lasktn Road g4, Phone' 422-6200, Archttect
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED an
enlargement of a nonconformtng use upon apphcatton of EDWIN& EPSTEIN re enlargement of an
extsttng stngle-famtly dwelhng on a portton of a parcel contatntng 8, 750 square feet at 106 60th Street
Resolutton authortztng the enlargement of a nonconformtng stngle-famtly
dwelltng on property Edwtn S Epstetn, located at 106 60'h Street
(v~srmcr s- ~ YNNHA VEN)
The followtng conchttons shall be required
The structure, as enlarged, wtll conform to the stte plans and
rendertngs entttled "Epstetn Restdence", prepared by Folck,
West and Savage Archttects, dated September 1, 1999
,
The dwelling shall be used solely as a stngle-family home, no
addtttonal modt. ficattons, except that shown on the submttted
plans, shall be permttted
3 The carport shown on the submtttedplans must be avatlable at
all ttmes to accommodate restdent parktng
The applicant must petttton the Board of Zomng Appeals for a
variance to the stde yard setback encroachment for the porch,
deck and elevated brtck terrace
Vottng 9-1
Council Members Voting Aye'
Linwood 0 Branch, III, Margaret L Eure, Wilham l/V Harrtson, Jr,
HaroM Hetschober, Barbara M. Henley, Louts R Jones, Nancy K Parker,
Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay
Reba S McClanan
Counctl Members Absent
Mayor Meyera E Oberndorf
November 9, 1999
A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A
NONCONFORMING SINGLE-FAMILY DWELLING ON
PROPERTY LOCATED AT 106 60TH STREET, IN THE
DISTRICT OF LYNNHAVEN
WHEREAS, Edwin Epstein (hereinafter the "Applicant") has
6 made application to the City Council for authorization to enlarge
7 a nonconforming single-family dwelling situated on a certain lot or
8 parcel of land having the address of 106 60th Street, in the R-5R
9 Residential Resort District; and
10
WHEREAS, the said single-family dwelling is a
11 nonconforming use, in that there are two such dwellings on the same
12 lot; and
13
WHEREAS, pursuant to Section 105 of the City Zoning
14 Ordinance, the enlargement of a nonconforming structure is unlawful
15 in the absence of a resolution of the City Council authorizing such
16 enlargement upon a finding that the proposed structure, as
17 enlarged, will be equally appropriate or more appropriate to the
18 zoning district than is the existing structure;
19
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA:
21
That the City Council hereby finds that the proposed
22 structure, as enlarged, will be equally appropriate to the district
23 as is the existing structure.
24
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
That the proposed enlargement of the single-family
27 dwelling is hereby authorized, upon the following conditions:
28
1. That the structure, as enlarged, shall conform to
29 the site plans and renderings entitled "Epstein Residence" prepared
30 by Folck, West and Savage Architects, dated 9-1-99, a copy of which
31 has been exhibited to the City Council and is on file in the
32 Planning Department;
33
2. That the structure shall be used only as a single-
34 family dwelling, and no modifications except as shown on the plans
35 referenced in the previous condition, shall be made;
36
3. That the carport shown on the plans referenced in
37 Condition #1 shall be available at all times to accommodate
38 resident parking
39
4. That a variance to the side-yard setback requirement
40 for the porch, deck and elevated brick terrace be granted by the
41 Board of Zoning Appeals.
42
Adopted by the Council of the City of Virginia Beach on
43 the 9 day of November, 1999.
44
45
46
47
CA-99-7522
wmm\ ordres \ epstein, res
R-1
November 1, 1999
Pla~mng /
APPROVED AS TO LEGAL
$
D~'pa~n~n~of L~w '
EDWIN S. EPSTEIN
GENERAL INFORMATION
Site Location: 106 60th Street, Lynnhaven District
Request:
Enlargement of a non-conformity In the R5R Residential Resort District
The applicant seeks to enlarge and modify an exisnng single family resldennal
dwelling The following four primary changes are proposed'
Adding a second story to the existing 1-1/2 story single family home The
proposed second story will provide for an addmonal 1,370 square feet of
hvlng space
· Adding a two-car carport onto the front of the existing dwelling
· Remowng the existing front porch and adding a new porch, a second story
deck is proposed atop the proposed porch
· adding an elevated brick terrace and rear entrance to the dwelhng on the
southern side
In addition to the changes noted above, the apphcant intends to replace the exlsnng wnyl siding
with a vinyl cedar shake exterior siding, add decoranve raihngs, and replace existing windows
and doors.
The applicant will have to apply to the Board of Zomng Appeals for a s~de-yard setback variance
to allow for the pioposed second floor addition, the reconstruction of the front porch, the
construction of the proposed second story deck and the elevated brick terrace planned as the rear
entrance to the dwelhng The reqmred s~de yard setback on the eastern side is 20 feet The
existing and proposed improvements are setback 4.7 ' on the eastern s~de and 5 2 feet on the
western side The need for variances arises due to the proposed enlargement and the applicant's
desire to match the setbacks of the existing structure The proposed enlargement of th~s non-
conformity, except for the setback variances presented to the Board of Zomng Appeals, could be
accomphshed admlmstratlvely, if the two structures existing on the site were connected with a
common wall.
Purpose:
To enhance the hvabihty of the existing single family home
Site Plan:
The applicant has submitted a site plan that depicts the changes noted above
Site History:
The subject property is improved with two s~ngle family homes which have
been conveyed to separate owners through the estabhshment of condominium
documents Because the dwelling units are separate, without any common
wall on one lot, the Zoning Admlmstrator has determined that it does not
conform to the City Zomng Or&nance.
The Chty Zomng Ordinance does provide for either single family or duplexes
on the site If a common wall with a minimum enclosed area of 100 square
feet, connected the existing structures, the project would conform to the City
Zoning Ordinance use reqmrements.
Site Size: 4,375 square feet of this 8,750 square foot parcel
Zoning: R5-R Resldennal Resort D~stnct
Surrounding Land Use and Zoning:
All of the tmmed~ate surrounding properties are improved w~th s~ngle family homes or duplexes.
The area is zoned R-5R Res~denttal Resort D~smct Property located to the south is zoned H-1
Hotel and ~s ~mproved w~th the Ramada Inn 57th Street.
Zoning History:
On November 19, 1979, C~ty Councd demed a variance request to d~wde the subject property. The
requested variance to section 4.4(b) of the Subd~ws~on Ordinance, ~f approved, would have
prowded for the subject parcel to be d~wded into two separate residential lots, nmther of the two
lots would have met the m~mmum lot area reqmrements for the R-5R Residential Resort Dlsmct.
Conditional use permits have been granted ~n the area to allow for the placement of cellular
antennas atop the ex~stmg Ramada Inn structure On November 5, 1984, and agmn on March 9,
1987, C~ty Councd granted use permits to allow for decks to be added onto beach cabanas located
on the oceanfront at 59th Street On September 24, 1991, City Councd denied a request to enlarge
a garage apartment on property located to the south.
COMPREHENSIVE PLAN
The Comprehensive Plan land use map designates th~s s~te for medium density res~dentlal use.
PUBLIC SERVICES AND FACILITIES
Water and Sewer: The existing dwelhng IS served by c~ty water and sewer
Fire Protection: Adequate
Police Protection: Adequate
EVALUATION
The requested enlargement of the non-conforming dwelhng ~s acceptable as proposed Under
present development standards the subject s~te could be ~mproved w~th e~ther a s~ngle-fam~ly home
or duplex structure The proposed expansion wall not affect the overall density opportumt~es for
the s~te and wall not result ~n any significant change ~n the property's use. The improvements wall
be ~n keeping w~th the character of the ex~stmg homes located ~n the area, wall not result ~n any
slgmhcant amount of addtt~onal ~mperwous cover on the s~te, and w~ll enhance the architectural
appeal of the ex~stlng structure and the hvabd~ty of the dwelhng The proposed enlargement ~s
equally appropriate or more appropriate to the d~stnct than ~s the ex~st~ng non-conformity and the
proposal ~s recommended for approval subject to the conditions hsted below.
CONDITIONS
The structure, as enlarged, wall conform to the s~te plans and rendenngs entitled
"Epstein Residence" prepared by Folck, West & Savage Architects, dated
9-1-99.
The dwelhng shall be used solely as s~ngle famdy home. No additional
modifications, except that shown on the submitted plans, shall be permitted.
The carport shown on the submitted plans must be avadable at all t~mes to
accommodate resident parking.
The apphcant must pennon the Board of Zoning Appeals for a variance to the s~de
yard setback encroachment for the porch, deck and elevated brick terrace.
Adap M-06
klaf~ No~ to $c91e
Edwin
S. Epstein
·
Gpzn 2419-81-1615-0102
~0 00' ~ ~
EXI.~TIN~
BIN TO B£
EXI~TIN~
~ NEIAI BRIGI~
NER BRIC.,K TERRACE
EXI.STIN~, DRIC.,K 5,TEP.5
TO BE REt'lOVED
EXISTIN~
Z
NER 4' FENOE
ON EAST PROP
LINE, TO
ALL HATERIAL
~ LAND~A~E
RE~UIR~HENTD
F='I~O~O~ED 2NP .~TORY
ADPlTION ON EXISTIN6
I .~,TOR.¥ RE~I~ENCE
I0~ ~OTH .~TR~ET
FORC. H
"~4'-0"
20' FRONT YAF, D .~ETBAC, K
EXlSITNe 2-C.,&R. PARKIN~
TC REMAIN
EPSTEIN RESIDENCE
EDgE OF PAVEMENT
tOTH STREET
APPLICATION PAGE 4 OF 4
CHANGE IN NONCONFORMING USE
CITY OF VIRGINIA BEACH
Applicant's Name:
List All Current
Property Owners:
DISCLOSURE STATEMENT
PROPERTY OWNER DISCLOSURE
If the propel ty ownm is a CORPORATION, list till officers of the Corpmat:on below: (Attach hst ifnecessat?)
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, lIst
all members or paltners In the organization below: (Attach list ifnecessar3.,)
Check here if the property ownm ~s NOT a corporation, pmtnersh~p, f~ o~ other unlncorpmated
organization
If the applicant is not the current owner of the property, complete the Applicant Disclosure section below:
APPLICANT DISCLOSURE
If the alSplicant is a CORPORATION, list all officers of the Corporation below: (Attach hst if necessary)
If the applicant is a PARTNERSHIP, F[RM, or other UNINCORPORATED ORGANIZATION, list all
members or partnms In the organization below (Attach list tfnecessar3.,)
Check here if the applicant is NOT a corporation, paitnership, fi~ m, or ,>thc, unincorporated o: ganization
CERTIFICATION: I certify that the information contained herei:~ is true and accurate.
Print Name
Rev 9/I ~/98
- 33 -
Item V-l. lc.
PLANNING
ITEM # 45662
Richard Hickey, owner of the property requesting an enlargement of a nonconforming use, spoke in
SUPPORT.
The following registered in OPPOSITION:
Ron Pearson, 65204 Ocean Front Avenue, Phone' 437-9131, represented the North Virginia Beach Civic
League
Attorney Jay F Wtlks, 706 Town Potnt Center- Norfolk, Virginia 23510, Phone: 623-6500, represented Mr.
and Mrs. Seeman Waranch
Upon motion by Councilman Harrison, seconded by Councilman Weeks, City Council DENIED the
enlargement of a nonconforming use upon applicatton of ANDERSON-PARKS ASSOCIATES, INC. re
enlargement of an existtng stngle-famdy dwelhng on a portton of a parcel contatmng 8, 750 square feet at
106.4 6ffh Street
Resolutton authortzing the enlargement of a nonconforming single-family
dwelhng on property of Anderson-Parks .4ssoctates, Inc. located at 106.4
60~h Street (DISTRICT 5- L YNNH.4 VEN) :
Voting' 8-0
Council Members Voting .dye'
Margaret L Eure, Wilham W. Harrison, Jr., Barbara M Henley, Louis R
Jones, Reba S. McClanan, Nancy K. Parker, Vice Mayor William D
Sessoms, Jr. and A. M "Don" Weeks
Council Members Voting Nay:
None
Council Members ~4bsent'
Mayor Me)era E. Oberndorf, Linwood O. Branch, III, and Harold
Heischober
November 9, 1999
Item V-I. 2.
- 34-
PLANNING
ITEM # 45663
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl DEFERRED TO
THE NOVEMBER 23, 1999, CITY COUNCIL SESSION Ordinances upon apphcatton of CORNELIUS
F. BOYNTON, JR., ANTONINA BOYNTON, LOPE B. PILE and MERCY PILE (DISTRICT 2-
KEMPSVILLE) for the chsconttnuance, closure and abandonment of a portton of Jersey Avenue and a
Conchttonal Use Permtt
Application of Cornehus F Boynton, Jr, Antoma Boynton, Lope B Ptle
and Mercy Ptle for the chscontmuance, 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 Satdparcel ts vartable tn wtdth and contams 560 7 square feet
DISTRICT 2 - KEMPSVILLE
ORDINANCE UPONAPPLICA TION OF CORNELIUS F BO YNTON, JR,
ANTONINA BOYNTON, LOPE B PILE AND MERCY PILE FOR A
CONDITIONAL USE PERMIT FOR AUTOMOBILE SALES AND
SER VICE
Ordtnance upon apphcatton of Cornehus F Boynton, Antontna Boynton,
Lope B Ptle and Mercy Ptle for a Condtttonal Use Permit for automobile
sales and servtce at the southeast corner of Vtrgtnta Beach Boulevard and
N Wttchduck Road (GPIN #I 467-85-665 7) Satdparcel ts located at 5085
Vtrgtnta Beach Boulevard and contatns 21,667 square feet DISTRICT2 -
KEMPSVILLE
Vottng 11-0 (By Consent)
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
Wilham D Sessoms, Jr and A M "Don" Weeks
Council Members Vottng Nay.
None
Counctl Members Absent
None
November 9, 1999
- 35-
Item V-I.$.
PLANNING
ITEM # 45664
Upon motion by Vtce Mayor Sessoms, seconded by Councilman Branch, City Counctl DEFERRED
INDEFINITE£ Y the apphcation of CLARK WHITEHILL COMPANY for a Variance to Sectton
5B of the Stte Plan Ordtnance, Floodplam Regulattons
Apphcatton of Clark WhttehtIl Company for a Vartance to the Floodplatn
Regulattons The subJect stte ts located on the north and south stdes of
proposed Ferrell Parkway, approxtmately 200 feet west of Ptney Bark
Drtve The parcel contatns 183 32 acres and ss located tn PRINCESS
ANNE - DISTRICT 7
Vottng 10-0 (By Consent)
Council Members Voting 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
Councd Members Abstatmng'
Wtlliam W Harrtson, Jr
Counctl Members Absent
None
Counctlman Harrtson ABSTAINED as hts law firm represents Clark Whttehtll
November 9, 1999
- 36-
Item V-I. 4.
PLANNING
ITEM # 45665
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd ADOPTED an
Ordtnance upon apphcatton of VIRGINIA METRONET, INC, dba ALLTEL COMMUNICATIONS,
INC, for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF VIRGINIA METRONET, INC
dba ALL TEL COMMUNICATIONS, INC , FOR A CONDITIONAL USE
PERMIT R011993002
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Vtrgtnta Metronet, Inc, d/b/a ALL TEL
Commumcattons, Inc.,for a Con&ttonal Use Permtt for a commumcattons
tower on the east stde of West Vtrgtnta Avenue on Lots 10 through 15,
Block 14, Mtdway (GPIN #1487-12-6158) Satd parcel contatns 20,037 6
square feet ROSE HALL - DISTRICT 6
The following condtttons shah be requtred'
The project must be developed as tnchcated on the submttted stte
plan prepared for AHtel by Lewts Whtte and Assoctates, dated
May 1998
A note shall be tncluded on thefinalplan tndtcattng that no land
dtsturbance will occur, tncludtng the cutttng of trees on Lots 10,
11, 12 and 13
3 In the event that the tower ts not used for a period of one (1)
year, tt must be removed at the tower owner's expense
4 The apphcant ts requtred to provide space for at least one (1)
addtttonal user, tf requested, at reasonable terms.
5 The overall hetght oftheproposed tower and antennas shall not
exceed 129feet
Thts Ordtnance shall be effecttve tn accordance with Sectton 107 (_19 of the Zomng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Eleventh of November, Ntneteen
Hundred and Ntnety-Ntne
Vottng 11-0 (By ConsenO
Counctl Members gottng 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
Wdham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Absent
None
November 9, 1999
Item V-I.$.
-37-
PLANNING
ITEM # 45666
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED an
Ordtnance upon applicatton of RICHARD A. WARD for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF RICHARD A WARD FOR A
CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND
TRUCK RENTALS ROI 1993003
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of Rtchard A Ward for a Condmonal Use
Permit for motor vehicle sales and truck rentals on the south stde of
Vtrgtnta Beach Boulevard, east of Rtddle Avenue (GPIN #2407-65-5 766)
Satdparcel ts located at 1789 Vtrgtnta Beach Boulevard and contains 1 15
acres BEA CH- DISTRICT 6
The followtng con&ttons shall be required.
No more than four (4) trucks may be located on the stte at any
ttme The rental trucks must be parked tn the area on the stte
that has been designated on the stte plan as "parktng for four
rental trucks, "prepared by Gallup Surveyors and Engtneers,
Ltd and entttled, "Con&ttonal Use Permit &te Plan, Property
of Car-Lou Assoctates, Ltd, "dated August 10, 1999
Motor vehtcles for sale shall be parked only tn the area on the
stte that has been destgnated on the stte plan as "vehicle &splay
area, "prepared by Gallup Surveyors and Engtneers, Ltd and
entttled, "Condtttonal Use Permtt Site Plan, Property of Car-Lou
Assoctates, Ltd, "dated August 1 O, 1999
All tmprovements to the stte shall be tnstalled as deptcted on the
stte plan prepared by Gallup Surveyors and Engtneers, Ltd and
entttled, "Conchttonal Use Permtt Stte Plan, Property of Car-Lou
Assoctates, Ltd," dated August 10, 1999
The stte shall be landscaped accordtng to the landscape plan
prepared by Patsy Kerr, dated August 13, 1999, and submttted by
Gallup Surveyors and Engtneers, Ltd entitled, "Landscape Plan,
Property of Car-Lou Assoctates, Ltd,"
5 The two (2) extsttng nonconformtngfree-stan&ng stgns shall be
removed
6 The buildtng trim on both structures wtll be painted an earth-
tone color
7 Condttions 3, 4, 5 and 6 must be met prtor to the issuance of a
business hcense and Department of Motor Vehicle hcense
8 There wtll be no outdoor loudspeaker/pagtng system tnstalled on
the stte
'Ordtnance shah be effecttve tn accordance wtth Sectton 107 69 of the Zomng Or&nance
~ted by the Council of the City of Vtrgmta Beach, Virginia, on the Eleventh of November, Nmeteen
Ired and Ntne~-Nme
November 9, 1999
- 38-
Item V-I. 5.
PLANNING
ITEM # 45666 (Continued)
Vottng 10-1 (By ConsenO
Counctl Members Vottng Aye'
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr,
Harold Heischober, Barbara M Henley, Louts R Jones, Mayor Meyera
E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and
A M "Don" Weeks
Counctl Members Vottng Nay
Reba S McClanan
Counctl Members Absent
None
November 9, 1999
- 39-
Item V-I. 6.
PLANNING
ITEM # 45667
Upon motzon by Vice Mayor Sessoms, seconded by Councilman Branch, City CounctI DEFERRED
INDEFINITELY apphcatton of LEE and DENISE BARNES for the MODIFICATION of
recorded proffers on the July 1, 1997, approved Con&ttonal Change of Zomng Dtstrtct
Classtficatton from R-10 Restdenttal Dtstrtct to CondtttonaI B-2 Commumty Bustness Dtstrtct for
Joseph Overholt, Trustee Overholt Trust Satd property ts located at 1629 Salem Road (GPIN
#1475-84-2959) (CENTER VILLE - DIST~CT O
Vottng 11-0 (By Consent)
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
November 9, 1999
Item V-I. 7.
- 40-
PLANNING
ITEM # 45668
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Cay Councd ADOPTED an
Ordtnance upon apphcatton of CHINESE COMMUNITY ASSOCIATION OF HAMPTON
ROADS, INC., for a Condtttonal Change of Zontng Dtstrtct Classtficatton
ORDINANCE UPON APPLICATION OF CHINESE COMMUNITY
ASSOCIATION OF HAMPTON ROADS, INC, FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM R- 7 5 to CONDITIONAL
B- 1 ZO11991049
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of Chtnese Commumty Assoctatton of
Hampton Roads, Inc , for a Change of Zomng Dtstrtct Classtficatton from
R-7 5 Restdenttal Dtstrtct to Condtttonal B-1 Netghborhood Bustness
Dtstrtct on certatn property located on the east side of Newtown Road
begtnntng at a potnt 450feet more or less north of Dantel Smtth Road
(GPIN #1468-41-4346, #1468-42-3028) The proposed zontng
classtficatton change to Condtttonal B-I ts for commerctal land use The
Comprehensive Plan recommends use of this parcel for suburban
restdenttal/low denstty at denstttes that are compattble wtth stngle famdy
use tn accordance wtth other plan polictes Satd parcel contatns 41,382
square feet BA YSIDE - DISTRICT 4
The followtng con&tion shall be requtred
1 Agreement encompasstng proffers shall be recorded wtth the
Clerk of Ctrcutt Court
Vottng II-0 (By ConsenO
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba $
McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor
Wdliam D Sessoms, Jr and A M "Don" Weeks
Councd Members Vottng Nay
None
Councd Members Absent
None
November 9, 1999
OUR ~1~0
City of Virginia Beach
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-99-4972
DATE: October 26, 1999
TO: Leslie L. Lilley DEPT: City Attorney
FROM: William M. Macali(.~ DEPT: City Attorney
Conditional Zoning Application
Chinese Community Association of Hampton Roads, Inc.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on November 9, 1999. I have reviewed the subject conditional zoning
agreement, dated September 22, 1999, and have determined it to be legally sufficient and in
proper legal form. A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM
Enclosure
CHINESE COMMUNITY ASSOCIATION OF HAMPTON ROADS, INC. f/k/a
CHINESE COMMUNITY CULTURAL CLUB, INC., a Virginia corporation
TO (PROFERRED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation
THIS AGREEMENT, made this i Z-' day of-~-~7'~- , 1999, by and
between CHINESE COMMUNITY ASSOCIATION OF HAMPTON ROADS, INC.,
f/k/a CHINESE COMMUNITY CULTURAL CLUB, INC., a Virginia corporation,
GRANTOR, party of the first part, and THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, GRANTEE, party of
the second part.
WITNESSETH:
WHEREAS, GRANTOR is the owner of a certain parcel of property located
in the City of Virginia Beach, described in Exhibit UA' attached hereto and
incorporated herein by this reference, said property hereinafter reierred to as
the ~Property'; and
WHEREAS, the GRANTOR has initiated a conditional amendment to the
Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the
GRANTEE so as to change the Zoning Classification of the Property from R-7.5
to B-l; and
WHEREAS, the GRANTEE's policy is to provide only for the orderly
development of land for various purposes through zoning and other land
development legislation; and
WHEREAS, the GRANTOR acknowledges that competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in
the area of the Property and at the same time to recognize the effects of change,
and the need for various types of uses, certain reasonable conditions governing
the use of the Property for the protection of the community that are not
generally applicable to land simil~ly zoned are needed to cope with the
situation to which the GRANTOR's rezoning application gives rise; and
Prepared by:
Pender & Coward, P.C.
192 Ballard Court, 4ta Floor
Virginia Beach, VA 23462
WHEREAS, the GRANTOR has voluntarily proffered, in writing, in
advance of and prior to the public hearing before the GRANTEE, as a part of
the proposed amendment to the Zoning Map, in addition to the regulations
provided for the Zoning District by the existing overall Zoning Ordinance, the
following reasonable conditions related to the physical development, operation
and use of the Property to be adopted as a part of said amendment to the
Zoning Map relative and applicable to thc property, which has a reasonable
relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the GRANTOR, for itself, successors, personal
representatives, assigns, GRANTEE, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the GRANTEE or
its governing body, and without any element of compulsion or quid pro quo for
zoning, rezoning, site plan, building permit, or subdivision approval, hereby
makes the following declaration of conditions and restrictions which shall
restrict and govern the physical development, operation, and use of the
Property and hereby covenants and agrees that this declaration shall constitute
covenants running with the Property, which shall be binding upon the
Property, and upon all parties and persons claiming under or through the
GRANTOR, their successors, personal representatives, assigns, GRANTEE, and
other successors in interest or title: ,
1. All outdoor lighting shall be shielded to direct light and glare onto
the premises. Said outdoor lighting and glare shall be deflected, shaded and
focused away from all adjoining property.
2. The site plan for the development of the Property shall be in
substantial conformity with the site plan entitled "PRELIMINARY SITE PLAN
OF CHINESE COMMUNITY CULTURE CLUB, INC.", dated September 21, 1999,
by Horton & Dodd, P.C. and exhibited to the Virginia Beach City Council and
on file at the Virginia Beach Planning Department as a part of this rezoning.
3. The architectural plans for the development of the Property shall
be in substantial conformity with the architectural plans entitled "CHINESE
COMMUNITY CENTER" dated September 21, 1999, prepared by Martin &
Martin, Inc. and exhibited to the Virginia Beach City Council and on file at the
Virginia Beach Planning Department as part of this rezoning.
4. No other uses than those shown on the site plan prepared by
Horton & Dodd, P.C. and as described in the rezoning application approved by
Virginia Beach City Council shall be permitted on this site without prior
approval by Virginia Beach City Council.
5. Further conditions may be required by the GRANTEE during
detailed subdivision or site plan review and administration of applicable city
codes by all cognizant city agencies and departments to meet all applicable city
code requirements.
The above conditions, having been proffered by the GRANTOR and
allowed and accepted by the GRANTEE as part of the amendment to the Zoning
Ordinance, shall continue in full force and effect until a subsequent
amendment to the Zoning Ordinance changes the zoning of the Property and
specifically repeals such conditions. Such conditions shall continue despite
subsequent amendment to the Zoning Ordinance even if the subsequent
amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The
conditions, however, may be repealed, amended, or varied by written
instrument recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and executed by the record owner of the Property at
the time of recordation of such instrument, provided that said instrument is
consented by the GRANTEE in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the GRANTEE; after
a public hearing before the GRANTEE, which was advertised pursuant to the
provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended.
Said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded, said instrument
shall be void.
The GRANTOR covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia,
shall be vested with all necessary authority, on behalf of the governing body of
the City of Virginia Beach, Virginia, to administer and enforce the foregoing
conditions and restrictions, including the authority (a) to order, in writing, that
any noncompliance with such conditions be remedied, and (b) to bring legal
action or suit to insure compliance with such conditions, including mandatory
or prohibitory injunction, abatement, damages, or other appropriate action,
suit or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute
cause to deny the issuance of any of the required building or occupancy
permits as may' be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the GRANTOR shall petition the governing body
for the review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map
the existence of conditions attaching the zoning of the Property, and the
ordinances and the conditions may be made readily available and accessible for
the public inspection in the office of the Zoning Administrator and in the
Planning Department, and they shall be recorded in the Clerk's Office of the
3
Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names
of the GRANTOR and GRANTEE.
WITNESS the following signature and seal:
GRANTOR:
By:
CHINESE COMMUNITY ASSOCIATION OF
HAMPTON ROADS, INC.
Kevir~';~ong, ~resident
STATE OF,.~RGINI~
CITY OF ~,'.r/c~r..~c4~ l..~z~ , to-wit:
The foregoing instrument was acknowledged before me this Z~ ~e~L
day of
..~2~/_.-ru-/--~ , 1999, by Kevin Wong, President of ' CHINESE
COI(/IMUNITY ASSOCIATION OF HAMPTON ROADS, INC.
My Commission Expires:
4
EXHIBIT A
PARCEL 1
ALL of that certain lot, piece or parcel of land, situate, lying and being in the
Bayside Borough of the City of Virginia Beach, Virginia and being more
particularly described as "PARCEL AX 0.52 AC" on that certain plat entitled
"SUBDIVISION OF PROPERTY OF ANTHONY BREATHWAITE, ET UX, W B 12 P.
53, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA" which plat is dated August
28, 1972, was made by W. B. Gallup, Surveyor, and which plat is duly recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map
Book 94, at page 29, reference being hereby made to said plat for a more
particular description and location of the described property.
It being the same property conveyed to CHINESE COMMUNITY CULTURAL CLUB,
INC. t/a CHINESE COMMUNITY ASSOCIATION OF HAMPTON ROADS~ a Virginia
corporation, by deed from Albert E. Breathwaite and Daisy Lipscomb Breathwaite,
husband and wife, dated September 10, 1992 in Deed Book 3126, at page 279.
PARCEL II
ALL THAT certain lot, piece or parcel of land, located near Davis Comer, formerly
in Princess Anne County, but now in the City of Virginia Beach, State of Virginia,
said lot, being shown as Parcel B and containing .43 Acres, on a Subdivision of
property for Anthony R. Braithwaite, July 8, 1960, by W. B. Gallup, County
Surveyor, which said plat or subdivision is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia in Map Book 62, at page 1;
said lot being more particularly described with reference to said survey as follows:
BEGINNING at a pin at the intersection of the southem line of the lot hereby
conveyed with its eastern boundary line, which pin or point is a distant 409.56
feet from the southern side of Bayside Road, Rt. No. 652, and from such point,
running in an easterly direction and parallel or nearly so with Bayside Road, a
distance of 160 feet to a pin; thence running in a northerly direction or nearly so, a
distance of 160 feet to a pin; thence westerly and parallel with Bayside Road 91.8
feet to a point distant, if continued, 10 feet from the intersection of said westerly
line with the easterly line of said lot hereby conveyed so that ingress and egress to
Bayside Road may be along a ten (10) feet strip creating a lane for this purpose as
shown on said subdivision recorded in Map Book 62, at page 1.
It being the same property conveyed to CHINESE COMMUNITY ASSOCIATION OF
HAMPTON ROADS, INC., A Virginia corporation, by deed from Melvin T. Gordon,
unmarried, dated July 9, 1996 and recorded July 15, 1996, in Deed Book 3637, at
page 2189.
- 41 -
Item V-J.
APPOINTMENTS
ITEM # 45669
B Y CONSENSUS, Ctty Counctl RESCHEDULED the following APPOINTMENTS
CHESAPEAKE BAY AREA PRESER VA TION AREA BOARD
COMMUNITY SER VICE BOARD (CSB)
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HISTORICAL REVIEW BOARD
PLANNING COMMISSION
RESORT AD VISOR Y COMMISSION (RA C)
VOL UNTEER COUNCIL
VIRGINIA BEA CH COMMUNITY DE VEL OPMENT CORPORA TION (VB CDC)
November 9, 1999
- 42 -
Item V-L. 1.
NE W BUSINESS
ITEM # 456 70
B Y CONSENSUS, City Council DIRECTED CITY CLERK TO RECORD:
ABSTRACT OF CIVIL CASES RESOLVED - OCTOBER 1999
November 9, 1999
- 43 -
Item V-L. 2.
NE W BUSINESS
ITEM # 456 71
B Y CONSENSUS, City Council DIRECTED CITY CLERK TO RECORD:
ABSTRACT OF VOTES FROM THE GENERAL ELECTION- NOVEMBER 2, 1999.
November 9, 1999
Item V-M.
- 44 -
AD JO URNMENT
ITEM # 45672
Mayor Meyera E Oberndorf DECLARED the Ctty Council Meettng ADJOURNED at 4:12 P.M.
Chtef Deputy Ctty Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
November 9, 1999
11/09 '99 09:P7 H0.848 01/11
2117 Smith Avenue · Chesapeake, Vlt*~l~ .t0 23320-2515
Phone: (757) 420-243,1, *
3:,-marl; tbamaflLapilotinfi.uet
Web site:, http:.//www, pilotonllne.com/tba
"Do Business With A Member"
A~liat~ ,,iris tit~ Home B,ildfrs A~llo~ of V~rgf, l# dnd t~ IVt~tio~l Ass~trion of Ifom~ Buf~ders
11/09 '99 09'27 H0.848 02/11
2117 Smith Avenue · Chesapeake, lraltlnla 23020-2515
Phone:. (757) 420-2L~4. Fax: (757) 424-5954
E-mall: tbamallL~pJl0t.mti.net
Web ,ire' http:l lwww. p[romnJlne, com/ tba
November 8. 1999
The Honorable Mayor and Members
Of the Virginia Beach City Council
The Tidrwater Builders Association r~ and shares fl~e goal to limit the lropatjt UlXltl on tile 100
year floodplain, and we realize that the severe weather of 1999 brouBht an tmformoa~ foams on this
iSSUe. HOwever, our concerns, a~ outlined below, are reasonable technical ma~ that we feel can
be resolved to preserve the characteristics of the c~ty's southern waterabed and floodplains wRbout
u~duJy rostrJctlng thc usc o£privato prol:~-rty, Wc would greatly appreciate your ass,stanc~ toward
that end
In M~y of ] 999, the Development Serwce Center (DSC) adopted ,Dfon'nation notice #69 (see
Amhod), outlining regulations/standards conc,~mlag filling wi~in the floodplain, Alter several.
months of effect, it has become apparent that DSC #69 ~s on overly broad smd restrictive
interpretation of sectmn SB of the cltT's site plan ordinance. In short, provision 2(c ) o£D8C ~9
goes beyond the leg,slaOvc intent of the site plan ordinance by establishar~g a Iimit ofdi~mtmnce
and fill within a floodplmn to 5% ofthe ama witJ~n the floodplain
The ordinance, both in the legislative intent S~tion 5B.I and ,n Sec0on 5B.c (attached), clearly
states that filling wlthin the floodpMin ~at d~s not d~se floodwa~ s~mge
~versoly impact ~ s~wat~r flow ~nditions i~ not prohibited. Ncv~eless, ~e
orS% 7mpos~ by the staffon ~e amount of~ filled or di~ ig a fl~e which h~ no
~hnical bes~s. If filling of fl~e flo~pl~n do~ not d~se
n~ aff~t ~e s~~r flow conditions, ~e 5% limit does not have any t~ie~ f~~.
In addition, it ~ppe~rs that city staffis interpreting any d, sturb~ce within the floodplain ~s "ifil".
although in some case~ no material ts being added to the floodplain. Rather material is simply being
transferred from one location to another. Every development requires "soil/earth" bai~noLag and in
order to obtaln balance, street, a,tc cxcaw, tcd ~md ms/d,ntial areas are built up. This is Dermal
engineain$ practice, and as lone as the intent of rite ordinance }s met then such balaneing should be
a~eptabl¢. The intent of the c~ty's floodplain ordinance is to assure that homes/busine~t~; ate built
above a 100 year flood event so that flood insurance is obtainable and where dfsmrbmc~s occur in
the tloodplatn an equal velum, of r.~ntig;uous arcs is restored or mitigat~xl.
The site plan otd/nance mJt.bodzes the city manager or his designee to grant vazi~ from the
terms of~e ordinance, and provid~ for appeals to the city ootmci! ifthe disturbance does not meet
th~ terms outlined by thc ordinan~;e. DSC #69 cs~ntially rOCluir~ that a vadanc~ 1~ approved in atl
cases by city couned for projects that technically meet the reqlnrements of Section
plan ordinance. In short, DSC ~9 has created a legislative process whereby city council will be
mandated to make technical/ensmeenn$ evaluations that should be addressed by the oity'$
professional cnl~m."ers and a property owners
I
On a related matter, Section 8. l of she Southern Watersheds Management Otdfflmaoe prohibits the
placement of smictuml BMP's within a lO-year floodplain. The Public Works Department has
r,,c~ntly adrmmat~red an "unwritt~n" policy of re~crtcflng BMP's with/n tlm 100-year floodpla~,
which is mor~ res~ctive than the city's ordinances..It is frustrating to the development community
to design prelates according to the city's ordinances and then find out that some "anwritten" design
standards are m place. This practice is also expensive to the city's review statYsmce il tllcr~s the:
man-bouts epont on r~wowmg proj~te.
"Do Busin A Member"
the ltorne Bidldsrs A~ocWlon of Vl~nta a~ rht 3~tfo~t A~'fal~n o[Ho~e Bultt~
11/09 '99 09:28 N0.848 03/11
The preset tmoerta.~W a~d coafimton ~~ DS~9 ~ ~e cl~'s fl~l~ m~la~s
~v~ ~sul~ in co~ly ~lays to n~us appli~ ~ ~e plus ~i~ p~. Courtly, w~
would ~tly ~p~ ~o~il's ~sis~ ~ ~ssl~ ~s ma~ i~ a ~i~o~ ~.
Should you ba~ a~y questions on ~is ma~. please do ~t hesi~
~r~or of M~Slagve a~d Re~lato~ ~i~ at
$OSel)b C. Robinson
Chairman
Le~islative & Reffulatory Affairs Committee
James ~x~, Cit?
Bob Scott, Plan~in~
Les Lilley, City Attorney,
11/09 '99 09':~8 N0.848 04/1t
Development Servtce~ Center
DSC INFORMATION lVOTICI$ 1t69
May 14, 1999
TOPIC: Site Plan Ordinance ~Y~otton sB Irlooffplaln Retpdattons
PU~PO$1g : Chu4fi~atlon of the Ci'ty't~ Sift Plan Ordlnaner Section
BA CIt~ROO2VD : Section $B.$. (c) "Floodplains subject to ~talal ra, trlcti~ " of thw
~I~ O~l~ce states:
'~lt~ta~it~ p~tsl~s of tht~ s~ctlon to fh~ ~~. fh~ ~11 b~
filllngp~rmin~ for Ih~ purpo~ of alt~ing the co~r of th~ ~
wouI~ ~~s~ th~~to~ ~f~ or u~r~ly affect st~m
~iaon., ~ d~f~rmh~d u~n ~ltw by f3e cI~ engtn~ ~t f~
of r~~ co~Cti~ ~ O~r ~mllar ~bHc w~ c~atton, and exe~t to
p~vide the minimum ~ount o/fill to a,~.m~ ~quate~nctiontng of a
~k ,~tem, i~ ~y of the fol[owlng fl~~Ot~:
North Landing River and its trib,tarles south
West Neck Creek and Its trlbutart~.~ south of Shlpps Corner Road and
f, ondon ~rldgt ~cmd; ami
2~ay.% creeks, laka~, Kut.~, ovn,z.'t, w~tl~, m~ht~ ~d ~am~ a~ their
frtbutart~ co~rtsi~ the ~vk B~ watershed ~u~ of S~tb ~ird~ck
A~ ~ ea~ ~Princess Anne ~ and Gtnemi B~th B~I~ "
Rtvl~, of ittzontng, Conditional Use Permif antl Other land
,4ppllcaflons to C~ty Counclt
Rtque, sts for rezontngs, conditional u,** permits and/or other land ua,
involving fllltng or the 'j/loodplaln ~ubject to Sl:~Ctal re~'lvtiot~" must be re~itm,ed by
staff and a r~port pnrpared for City Co~maiL A prelimtnaryjIoodplain flll mffl~tflon
plan must be s~tbmttted as part of the appllcatloli pack~e. Th~ following items mu.~t
included, in the imckage:
DSC Not~o~ $69
A aepatwtte map tdentlfying theflll area(~9, mitigation ar~a(O ~d the ~1~ a~
~~d flo~lat~. ~e p~n ~sf be pr~ed ~ a 1 ' - lO0'
~e prollmln~ flo~platn mltlgatt~ plan mu,~ ~t~ll t~ foli~lng
a) AH of the ~o~.~edflll wltbin the flo~laln must ~ mtti~ted 000%) to
r~It in no decrease in fl~ $t~. ~ mitigation must al~ pro~ a
~e (1)for one (1) repla~ent f~ ~t area of flo~latn fllle~
~tt~. the ~ea.~' of mttigatlon or ~plac~ent must be
~tzttngfl~~tn.
!"'"" ....... I '
14, ]999
11/09 ' 99 09: 28 HO. 848 05/~ I
c) Ths proposedfiR wt~h~n the floodplatn must be ltmlttd m Iht ~all~
am~t ~ ar~ andflll ~tble.
GUIDWNB: lbt m~lmum ~ottnt ~a~ fO be diaturbt~ ~ ~n on
th~ mtti~tton plan, i: ltmlttd to $~ of th~ ~a wlthin
l~d ~ f~ proptrty. ~br ~plz: ~ tht fl~inge on th~ Mte i.~ 40
acres, ~h~ area af ~st~trb~ce ~I~ on the mftl~l~
~ All mitigation 000~) must b~ pr~~
~ p~rer m~ use ~ta ~d ~lcwlatt~ metro
~vtn the prellmtna~ nature of ~ plan, If the ~Iioaflon tr ~pm~d, a
5~d an~yt~ ~II bc req~r~d ~ dtt ~lan or ~ub~v~ion con.eton
Flan r~l~. '
& ~ ~.limina~fl~lalnflli mtttgationplan mutt~ll~ th~
~ttrictio~ ~tltned in 8ectlons & 2I ~d ]2,11 of th~ Publlc ~or~
4, lhe preltmtn~flo~tn flH mltlgati~ pl~ mu.vi bt
p~fe~a~ml ~n~neer.
~f t~ t'tt~ ~ no~ pmvi~d ~ the ~tterta ~ ~t foll~e~ tho s~~t
lndlc~t rh~ ~e p~.~l ~i~s afl. lain ~rt~oe fo~ Ct~ Co~! ~ ~er to
fir within ~ flo~pl~m d ~pg of th~ ~lo~latn V~iano~ ~ppli~tlon
aa~~tng t~o~atton ~c~t m~ b~ oblained In tbs Pl~nt~ De~~ from
r~c~ptionl~t (O~rafioOx Building - ~m ]
¢
17~M #2: 33ye ($) ,~tep Adtninlstrrtttye Review ~~ of R~u~t ~ ~t tn ~
~aad~laln
~L~ ~¢$S will b~ u~td by ~ to zml~t~ rt~t.~ for ~te pl~$, ~ivlMoo
~n:t~c.on plan~, fl~~in ~1~ ~ a~ otktr ~nd ~l~m~t rel~td p~ or
~ptt~ i~otving m~no~lltnR tn tk~ '~~latn ~bj~ct ~ ~al ~t~cti~. "
~inglt f~l~ s'lt~ pla~ in the ~Vandb~ ~a wlll fol[~ the ~tttrla ~ovi~d tn I~
q 4: Sa~rt~e .~tnglt F~ly Pr~oss. ~o foil~tng ~Idell~.v ~H b~ u~d by ~
Pla~ing Dt~ent. D~vel~ent S~c~ C~ttr staff In their r~ew:
,
A floodplain hy~logy/hydrauttc anatysts andfloodplatn mitigation pkm t~
rgquired.
CO Th¢ floodplatn hydrolo~~r~llc analy~l~ mu~t b~ parformed by a
com~gar mathematioal z~trface water mod~l tn ~ufflvient detail to ~
g~ ntt chtmgt (tncrao~e or delete) in fl~ st~ m~ ~ ~mw~er
fow c~tlon$ of ~ ,1o0 year ~to~ o~g
b) ~t ~tsl~ of l~e flo~latn mttl~fion fiH pl~ mum bt tn ~~e
wlth ~h, Public Wor~ ~c~tton$ a~ St~~ ~vtto~ 8.3J ~
lJ. lI. ~e pl~ mu~t lndl~te th~ p~pOS~ fl~lain flll ~.a and Iht
01'4 May 14, 1999
11/09 '99 09:29 N0.848 06/11
proposed floodplain mi#iSa#ion ar~a. Supporttng floodplatn mitigation
cal,##la#forts nnt~ be submfttzd.
0 l'ht.fl~latn hydrolo~ study andflood~olain mitigation jill plan mart
~rtl~d by a li~noed proft~lonal tnglne~r.
l'~rto l~rOpo~ed flil within tb~tjiloo~lain mu.vt ~e mlttgate~l (100~) to re. role lo no
deor~as~ inj7ood storag#. TI~ mitigation ~ntM oi~o provld~ ct one (l} for on~ (I}
replaoement for the area of floodplain fillett In addition, the ar~ of mitigation
or r~place, ment on#st be contiguous to ~he zxl~tlngJlooclptatn.
The propoz~d flll within the floodplain mt#st be ltmlted to the snmlte~t omo#mt of
area and filt poastble.
GUII3~Iv'E: The mum'mum amount of at'to to ~ dl~r~d, os thown on tho
mitigation plan iz limited to $~ of t~e artctwithtn ~ha./loo~rlnge located an the
prol~rty. For ~xampla: ~f tho floodfrlnge on Iht ~ite i$ 40 acre#r, the area
on the rn~gation plan may not ez:ceed 2 acres (~ of 40 acre$). Thz two (2)
ttare~ r~pr~$ent one (1) acre of fill and one (I} ac. re of c~t.
,411 mitfgatton (100~4) mu~t be provided on-site.
If th~ prop~sd flll ts located tn a protected arm, ,O~u~0 td~ntlfied fry the
$oufhr~n Watershed Management Ordinance, a varian~'~ tO otrt~tln
of th~ ordlnan~,e well be r~quir~ The revitve of the proposd vart~ce well
performed oomntrrcntly ~{urlrt~ the.* admlm'Mrafive revltJw. ~e'h~rt
Admtnlstratlw l~evlew Ja.,'oces.¢ t# ¢ompl~le the ap~lfvant/c~nrultant will rtoe. tu~
l~tt~r ~latir~ the result~ of the revt~w, ff czn admtnistrattve at, royal and vartance
~o tl~ Southern Watersheds Mtmagtment Ordlnancz are not grant#d, Ihe
applleant may revl~o th~ plan and resubmit for anoth~ revt~ or Otey may
the do~ision to or raqu~st a variance from Cffy Counvt! (s~t It~ #$).
IFFM #$: Floodplain Variance Proc~
Fe~t~n it I~ d~t~rmtn~d tl~t the propotedjgll In the fl~ialn dots not meet the
~t~fMratlv~ Pr~, a Ci~ C~'II ~1~c$ ~ ~t r~ted fo all~ fllltng m
fl~~in. ~ch of t~ five ttem~ u~r th~ ~dmln~trat~t P~c¢~ ~$t bt
m~d a completed ~li~t~ ~bmitted to ~ P~nlng D~tment -
~~tons Dlvisl~ for r~iew. A copy of the Pl~plal, V~tance A~lt~tlon
a~p~lng Inf~m~on ~c~t m~ be obtained t'n the Finning D~r~zntp~
re~pfioniat ~ptratlo~ ~ut~ng . R~m !15).
ITBIff ~t4: Sand~ridg~ $1ngl~ Familg l~ov~
,t tll propotalr withln ~he Sa~rl~ a~a for platted ~ r~oM~ gn~e f~tly ~ ~i~
be revl~ed on a ~ by c~ ~.,. ~ propo~d fY on ~e~ lots ~st be the mtn#mum
new--for the following:
1.
2. ~te ~king oreo,
$. en~rittg ~~~tt~ng ora ~pfl~ ~tem,
11/09 '99 09'29 N0.848 07/11
ensuring prb~tr lot dratnage given the zxlstlng and propo~ed dewlol~ent in the
.tmm#dlate area, an~
~ thc ~ellltig atr~lur~ I~ ,or ~ plitngw, minimum fill a~ the hou~ to
~OC~ raqufreme~s (~lab ~ c~I fl, un~t~.O.
Fill wlghin tht ftood~latn out~Idt the area of the "Jglood~latn subject to ~pwial
ltse g~m,al intent of fhe Floodplain regulation is that no,tilling within Ilm fl~l~
m~ b~ agow~. ~e~ rt~llon~ ~ ~M~d to prott~ t~ na~l fl~lal~
clty by re~lrlng that anyfltl opemtton must rz~lt In the ~me or ~tt~ fl~ ~to~
~i~ ~d sto~ter fl~ ~h~rt~ttc~ ~ ~m~ly ~stedpno~ to
~bJ~at tO ~ectal re~lctt~ " m~ b~ all~ed provid~d ~e fiY doe~ not ~I~e
el~atton to ~ unaccoptablt l~l a,, det~n~d ~ Public Work,~~neerlng. 8houM
the DSC ~gtneer deem n~ce.~, the abov~ five st~ p~ce~ m~ be ~Hed to ~ nlte
to ~ot~a~ ~e~tl~ve wgt~r$he~. 2~i~ a.v~s~t will bt handled t~ough the
a~lnt~ratlve pr~s.
staff to d~zcut# dmdgn antI pl~m tu~mlttal retluirem~nt~
F, FFECTIVI~ DA ~E: IMMEDIA TEL Y
CONTA~8: I~ ~1,
Je~nta Carlln ~It~l~. vtr8lnta, beach.~us) ............... 427-4056
~~i ~~ (~r~J~.vir~nla-bea~h. va.u~) ........... 42~0~4
T~,l)r~ (t~~i~. vlr~nta~ch. ~u~) ....... ,., ........ 4~7~501
B~a Du~
RonaM Frink
Item ~: ~vlr~men~l Ma~ment C~~tor Clay ~tmtvk
Item tla: ,Vtngle Faintly Lot Grading Revte~o Staff
~ trreeman (rfreeman~ctt~.vlrg~a-beavl~ va.u$)
DSC 1,qm/ce #§9 PBk,~ 4. c~ 4 Mly 14, ] 999
11/09 '99 09:29 N0.848 08/11
,j
i nn ! nil I . ~ i[ ._
CO___p_E__C.ity or VI. RGINI~A,_BEACH, VIROI~I~.A...Codified thio_ugh Ordinance NO, ~5~_q,_a.cloptecl AUglU$! !_0.~
A. PPENDIX.__C_ _SITE PLAN O~ R._D_INA_N__CI? ,,,
S9C. E____A..._~arkin;i I_ot and f.o_u..n, dation
(Ord, No. 1565, 11-4-85; Ord. No. 1974, 6-! 1--90; Ord. No, 2091, 8-27--9!1' Ord. No. 2146, 6-:~5-92)
Sec. 6B. Floodplain regulations,
5B.I. LegL~efive infant The purpose of this section is to establish and ldanUfy those ames to be known
aS the floodplain and which would be subje~ to spedal regulations. These regulations are Intended to
implement a policy of prorating the nature! floodplains in the city by requiring that any filling operations
taking piece maintain th,~ ~eme flood storage ¢ap~bllity and stormwater flow c. hereoterlsUos es tr~-~e that
naturally exist. The* purpose of establishing such .re;s is to protect ~iCe ;nd property, to reduce public eos',s
for flOOd control, re,scue and relief efforts, and construction and m~intenance of rnanmade drainage f~cilities,
to preserve the highest possible level of water quality in the waterways of the area, ~nd to support and
oonform to the National Flood Insurance Program.
5B.2.
Detlnlt~ns. F.o,r the purpose of this Section, the following terms shall be defined aa herein indicated:
Area of ;haliow flooding. A zone designated Aa, AH or va on a community's flood insurance rate map
(FIRM), having a one percent or greater annual probability of flooding to an average depth of one to three (3)
feet where e o/early defined ohennel does not exist, where the path of flooding i= unpmdioteble, end where
velo,,fity flow may be eviclent. Such flooding is characterized by pending or sheet flow.
Bess flood elevation. The ~DO-year water surface elevation designated ~y the Federal Emergency
Management Agency.
Basement. Any area of the building having its floor below ground revel on all sides.
C, ffy manager. The ctty manager or such griper person or persons as he may designate to perform the duties,
or to exerc. J;e the authority, of the olty manager pursuant to the provisions of this section.
Coastal pr/mary sara' aunt A moun~t o~' unconsolidatecl sanely soil whlcl~ Is contiguous to mean high water,
whose lendwen:l end lateral limits ere marked by a ~henge in grade from ten (~0) pement or g~ater to less
than ten (10) percent and u0on any part of which is growing on July 1, 1980, or grows thereon subsequent
thereto, any one or more of the following: American beach grass (Ammophilla brevillgulata); beach heather
(HuClsonla tometosa); dune Dean (strophostylis umbellate var. palucllgena); gusty miller (Artemisla
stelledane); ~alt meadow hey (Sporting patens); seabeaoh sandwo~t (Arenaria peploides); sea oats (Uniola
paniculate): sea roqket (Cakile edentula): seaside goldenrod (Sotidago semoervirens); and short dune grass
(Peni~um ararum). Coastal pdmery sand duffs shell not include any mound of sand, sandy soil, or dredge soil
which I~as Dean clepo$1teo Dy man for the purpose of the temporary storage of s. uch material for la?r'use.
!
Development. Any man-made change to improved o~ unimproved real estate including, but n~ limited to,
Duildings or other structures; trio placement of manufa~ured homes; streets, paving, mining, dredging, filling,
grading, exc, avatior~ or drilling ol~ereOons, storage of equipment or materiels; and tho ~ubdivisiort of land.
./om._isapi.dll?depth=2&hitsperbeading=on&inf'obase- ] 0122.nfo&record= 19005CEB }&$oflpa 10/25/99
11/09 ' 99 09: ~0 NO. 848 09/11
F/ood. A general aria temporary condition of partial or complete inundation of normally dry land areas from:
(a) The overflow of inlar~d or tidal waters;
Co) The unusual and redid acoumulation of runoff or surface waters from any soum_.e; or
(o) Mudelide~ (i.e., mudflows) which ere proximately oeu=ed or precipitated I~y am.,umulations o!
water on Or under the 0round The collal~Se or subsidence of land along th~ share of a lake or other
body of water as a result of et'oslon or undermining caused by waves or currants of water exoeeding
antlolpated cyclical leveJ= or sucldenly cause~l I~y an unusually I~igh wster level in a natural body of
water, accompanied by a ~evere s"torrrt, or by an unentlcipeted foroe of nature, such e~ fla~h flood or
an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding as defined tn (a) of this section.
FIO0~I insurance att~dy. The flood insurance study for the City of Virginia Beach prepared by the United States
Federal Emergency Management Agency, dated August 18, 1992, and subsequent mvi$iorl$ whioh is
declared to be a pert of this section and which shall be kept on file at the offl~'e o1' the (;Ay ertglneer.
. ./om..isapi dllTdepth=2&:hitsperheaclinf~',on&infobase--10122,nfo&:record= { 9005C EB J &soflpa 10/25/99
11/09 ' 99 09:30 NO. 848
10/11
--~ i . I I . Il Ill I ' ' - . __. Il
~_ODE Ci~ of V_IR~31NIA 8E~_C_H. ,~VIRGINIA Co_dJ_fl__ed throu_Qh Ordlnanc No. 2888, adoote~_August 0,.
t ALPP;NDIX :C 1~ ITq..P_LAN ~)~[ ~
Sec, $~.o. dplain mgulation~.
I ..... ; ;.,', '-- - T-" .-"--" , ..... __._. .......
(1) No structure in the floodway area shall be expanded or enlarged unless it has
been demonstrated through hydrologic and hydraulic analyses performed in accordance
with standard on,intenna practices that the proposed expansion or erdargemen.t will
not result in any increase in the ]O0-year flood elevation;
·
[2) With respec~ to any modification, alteration, repair, reconstruction or improvement of
any kind to a structure or use located In any floodplain area to an extent or amount of less
than fifty ($0) percent of its market value, elevation or floodprooflng, or both, should be
considered to the greatest extent possible: end
The modification, alteration, repair, reconstruction or improvement of any idnd to a
structure or use located in any part of a floodplain area to an extent or amount equalling or
exceeding fifty (50) pea'cent Of its market value shall be undertaken only tn full com. pliance.
with the provi=ions of this .~egtlon and the Virginia Uniform 8tatewlde Building Code.
5B.5.
(d) Within any zone designated as AP on the flood Insurance rate map, the lowest floor,
including basements, of all new construction and substantial improvements of residential strucEures
shall be elevated above the highest adjacent grade an amount n~t less than the depth number
specified, in feet, on the flood Insurance rate map or, If no depth is specified, not less than two (2)
feet. .
I
(e) Within any zone designated ss AO on the flood insurance rate map, the lowest floor,
including ~sements, of all new construction and suDslantial improvements of nonresidential
structures shell (I) be elevated above the highest adjacent grade an amount not Ieee then the depth
number specified. In feet, on the flood insurance rate map or, if no depth is specified, not less than
two (2) feet, or (ii) together with attendant utility and sanitary facilities, be completely floodl~oofed to
the aforesaid level to meet the floodprooflng standard set forth in this ordinance,
Spec, iai requirements applicable to the floodplain:
(a) Regulation of floodweys. Any provision to the qontrary notwithstanding, no use or structure or
substantial improvement to existing structure shall be permitted in any flOOdWay, if such use or
structure or substantial improvemerrt will adversely affect normal flooo flow, or will Increase floocllng
of lands above or below the property, or will inorease erosion wRhin or adjoining to flOOdway, or will
cause diversion of floodwaters in any manner more likely to create damage than does flow in e
normal course, or will Increase peak flows or ve~ooltles In a manner likely to lead to added property
damage or hazards to lire, or will Increase amounts of damaging materials, lnrdudlng thorpe likely to
be injurious to health, which might be carried downstream in floods. Encroachments, including fill,
new conStruction, substantial improvements, and other development within the regulatory floo.dway
that would result ~n any Increase in flood levels within the community dudng the ocourrenoe of the
ba~e flood dlsoharge Is spec, lflcelly prohibited. No vananr, e ~hall be granted for any development,
use, or activity within any regulatory floodway that would cause any increase in flood heights If a
structure ts allowed or granted a variance to be located within a regulato~ floodway, It Shall also meet
the regulations for flood fringes and approximated floodplmns.
.../om_isapi,dll?dept h-2&hitsperheading-on&int'obase= I 0122.nfo&record,- { 90027EC } &soflpa 10/25/99
11/09 ' 99 09: 31 NO. 848
11/11
(b) R~ulation of flc~d fringes and approximated flooclpletn. New construction or sul:~stantla!
Improvements to existing structures permrttecl in tl~e floocl fringe eno approximated floodplain shall I~e
~so located, elevated, a~d constructed so es to resist flotation and to off.er minimum obstruction to
flood flow. The lowest floor, including basement, of every structure shall be a mtnimum of one (1) foot
above the elevation of the floodplain exoe~ as I~rovicled for in section 4.1 .B.4. of this ordinance. NO
use shall be permitted if ~ur.,h use will Increase the amounts of potentially ctamaging materials,
inc. ludin0 those likely to be Injurious to health, which might be carried down,ream in floods.
Electrical, heating, ventilation, plumbing, and air conclitioning equipment and other service facilities
shall be designed and/or located so as to prevent water from entedng or accumulating wiffiin the
oomponenta during oonditions of flooding. For all new oonstruGtion and substantial improvements,
fully enclosed areas below the lowest floor that ere subject to flooding shell be designed to
· ' automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwaters. 13asians for meeting thIs requirement must either be certified by a registered
professional engineer or arohiteot or must meet or exceed the following minimum criteria:
(1) A minimum o1 two (2) openings having a total net area of not leSS than one (1) square
inch for every square foot of ene. Josed area su~ec't to flooding shall be provided.
(2) The bottom of all openings srtall De no I~igrter trtan one (1) foot above grade.
(3) Openings may De equipped with screens, louvers, or other ~overings or devices
provided tibet they permit the automatic entry and exit of floodwaters.
(c) Floodplains subjecf fo special restrf~'ons. Notwithstanding provisions of this section to the
contrary, there shall be no filling permKted/'or the purpose of altering the co,our of the land anti that
would cteerease the flood storage capacity or adversely affect ~orm water flow conditions ea
determined ui~n review Dy the city engineer exceff for the purpose of roadway construction or other
similar public works construction, and except to pFovide the minimum amount of fill to assure
adequate fun~ioning of a meptic tank system, in any of the following floodplains.
(I) North Landing River and its tri0utarie$ soutl~ of Lynnhaven Parkway;
(2) West Neck Creek end its tributaries south of 8htpps Comer Road and London Briclge
Road; and
(3) Bays, Greeks, lakes, guts, coves, wetlands, marshes and swamps and their trtbutarles
comprising the Back Bay watershed south of South Bl~lnec~ Roacl and east of Princess Anne
Road and General Booth Boulevard.
/om_isapi.dil?depth=2&hitsperheading=on&infbbase,, 10122.nf'o&record"' { 90027EC }&soflpa ] 0/25/99
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0
H I M B
A S C E S
DATE 9 November 1999 B R C H C R P E
PAGE 1 R R H E J L N A S W
A E I O N O A D R S E
N U S B L N N O K O E
AGENDA C R O E E E A R E M K
ITEM # SUBJECT MOTION H E N R Y S N F R S S
VOTE
I BRIEFINGS
A GAINSHARING/DECEMBER Susan D
HEALTH CARE PREMIUM Walston
Chief of Staff
B PRINCESS ANNE CORRIDOR Robert J Scott
D~r Planmng
C TAX CREDITS FOR REHABILITA- C Mac Rawls
TION OF HISTORIC STRUCTURES D~r Museums
II/111/ CERTIFICATION OF CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
IV/V/ CLOSED SESSION
E
F MINUTES - 2 November 1999 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
G/H/ Resolutions re DEVELOPMENT ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
1 AUTHORITY BY CONSENT
a Chesapeake Bay Academy
IDB $5,300,000
b King's Row Assoc
Multi-Family
ResidentIal Rental
Housing Bonds $1,813,000
2 Resolution to refer to Planmng DEFERRED 6-4 Y Y Y Y N Y N A N Y N
Commission proposed INDEFINITELY
Amendments/new Section to CZO and COUNCIL
re certain large retail developments TO APPOINT
(Sponsored by Council Member COMMI'I-I'EE
Reba S. McClanan) TO STUDY
and
Sec Re RECOMMEND
a 111 Defimbons
b 901 Use regulatIons ~n Bus~ness
Districts
c 1511 Use regulabons ,n RT-2 D~st
d 1521 Use regulations ~n RT-3 D~st
e ADD
240 I Standards for CUPs
3 Resolution to declare voters' ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
expression (2 November 1999 and APPOINT
Adwsory Referendum) the C~ty w~ll A TASK
not participate ~n L~ght Ra~l Transit/ FORCE TO
no substantial portIon of Project shall DEVELOP
be located w~th~n the C~ty ALTERNATIVE
SOLUTIONS
4 Ordinance to TRANSFER $41,091 to ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
EMS re Grant to Chesapeake Beach BY CONSENT
Volunteer Rescue Squad for repair
of damaged ambulance
5 L~cense Refunds $25,708 44 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
BY CONSENT
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0
H I M B
A S C E S
DATE. 9 November 1999 B R C H C R P E
PAGE 2 R R H E J L N A S VV
A E I O N O A D R S E
N U S B L N N O K O E
AGENDA C R O E E E A R E M K
ITEM # SUBJECT MOTION H E N R Y S N F R S S
VOTE
#1 ENLARGEMENTS OF NONCON-
FORMING USES (DISTRICT 5 -
LYNNHAVEN)
a P M GASKINS re construcbon of DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y
loading/unloading ramp for recycling TO 12/07/99
fac~hty at 1641 Industrial Park Road BY CONSENT
b EDWIN S EPSTEIN re enlargement APPROVED 8-1 Y Y Y A Y Y N A Y Y Y
of exlsbng s~ngle-family dwelling at
106 60th Street
c ANDERSON-PARKS ASSOC re DENIED 8-0 A Y Y A Y Y Y A Y Y Y
enlargement of exisbng single-family
dwelling at 106A 60th Street
2 CORNELIUS F BOYNTON, JR/ DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y
ANTONINA BOYNTON/LOPE B TO 11/23/99
PILE/MERCY PILE (DISTRICT 2 - BY CONSENT
KEMPSVILLE)
a Closure of porbon of Jersey Ave at
VA Beach Blvd to ~ncorporate
adjo~mng properties
b CUP. auto sales/service at 5085 VA
Beach Blvd
3 CLARKWHITEHILL CO Vanance DEFERRED 10-0 Y Y A Y Y Y Y Y Y Y Y
to Sec 5B of S~te Plan Floodplain INDEFINITELY B
Regs at Proposed Ferrell Parkway/ BY CONSENT S
P~ney Bark Drive (DISTRICT 7 - T
PRINCESS ANNE) A
I
N
E
D
4 VA METRONET INC/ALLTEL APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
COMMUNICATIONS INC CUP CONDITIONED
commumcat~ons tower on West BY CONSENT
Virginia Avenue at M~dway
(DISTRICT 3 - ROSEHALL)
5 RICHARD AWARD CUP motor APPROVED/ 10-1 Y Y Y Y Y Y N Y Y Y Y
vehicle sales/truck rentals on VA CONDITIONED
Beach Blvd/R~ddle Avenue BY CONSENT
(DISTRICT 6 - BEACH)
6 LEE/DENISE BARNES for MODIFI- DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y
CATION of recorded proffers of INDEFINITELY
1997 approved Cond~bonal COZ BY CONSENT
from R-10 to Cond~bonal B-2 for
Joseph Overholt Trustee Overholt
Trust at 1629 Salem Road
(DISTRICT 1 - CENTERVILLE)
7 CHINESE COMMUNITY ASSOC OF APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
HAMPTON ROADS INC COZ from AS
R-7 5 to Conditional B-1 on PROFFERED
Newtown Road/Darnel Smith Road BY CONSENT
(DISTRICT 4-BAYSlDE)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0
H I M B
A S C E S
DATE' 9 November 1999 B R C H C R P E
PAGE. 3 P. R H E J L N A S W
A E I O N O A D R S E
N U S B L N N O K O E
AGENDA C R O E E E A R E M K
ITEM # SUBJECT MOTION H E N R Y S N F R S S
VOTE
J APPOINTMENTS RE- B Y C O N S E N S U S
SCHEDULED
CHESAPEAKE BAY AREA
PRESERVATION AREA BOARD
COMMUNITY SERVICES BOARD
(CSB)
FRANCIS LAND HOUSE BOARD
OF GOVERNORS
HISTORICAL REVIEW BOARD
PLANNING COMMISSION
RESORT ADVISORY COMMISSION
(RAC)
VOLUNTEER COUNCIL
VIRGINIA BEACH COMMUNITY
DEVELOPMENT CORPORATION
(VBCDC)
K/L/ ABSTRACT OF CIVIL CASES CITY CLERK B Y C O N S E N S U S
1 RESOLVED - OCTOBER 1999 TO RECORD
ADD ABSTRACT OF VOTES IN CITY CLERK B Y C O N S E N S U S
ON GENERAL ELECTION TO RECORD
2 NOVEMBER 1999
M ADJOURNMENT. 4 12 PM
,,
CITY COUNCIL DECEMBER SCHEDULE
December 7 - 2:00 PM
December 14 - 2:00 PM
.4 RSTRACT OF VOTES
cast in the City of virqinia Beach
at the November 2, 1999 General Election· for'
· Virginia,
MEMBER
SENATE OF VIRGINIA
7th
ENTER DISTRICT NUMBER
NAMES OF CANDIDATES AS SHOWN ON BALLOT
TO TAI VOTE$
RECEIVED
fiN FIGURES,)
Edward L. "Ed" Schrock
24,127
Total Write-In Votes [SEE WRITE-IN CERTIFICATION] .........
567
We. the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1999. do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for the office indicated above.
Given under our hands this 3rd day of November, 1999.
A copy testa:
/ :~" / _,'//'~ ~ , C h a,rm an
· ' , Chairman
/,, ~ .... , v- v- V,ce,
-J~ ~' ,~~'~:~-~'~-/ Secretary
~---4~/" '~~-~~-~' Secretary, Electoral Board
WRITE-INS CER TIFICA TION
Virginia Beach
O cou~rr~ ~
Member Senate of Virqinia
OFFICE TITLE
7th
DISTRICT NAME OR NUMBER, IF APPLICABLE
General 0 Special Election
Write-Ins
Invalid Write-Ins
November 2, 1999
Page 1 of 7
TOTAt VOTES
REC~VED
(IN F~eURES)
478
Valid Wnte-lns [MST IN ALPHABETICAL ORDER]
John ArDette ...... 1
Robert P Arthur
Richard Dempsey Balnes
,,George Baker ...... 1
Paul Baker ...... 1
Jim Ram Borqer
CONTINUED ON PAGES 2 THROUGH
We, the undersigned Electoral Board, upon examinat/on of the official records depos/ted with the Clerk of the
Circuit Court of the election held on November 2, 1999, do hereby certify that, with the continuation pages
/nd/cared, the above/s a true and correct certfficatzon of the wr/te-/n votes cast at sa~d election for the office
/ndicated above.
Given under our hands this 3rd
A copy teste:
day of November, 1999.
, Chairman
, V~ce Chairman
, Secretary
Secretary, Electoral Board
CONTINUATION OF WRITE-INS CERTIFICATION
V,r~,m~ Renc~h ~l General ~ Special Election
COUNTY ~ CITY
M~.mh~.r RP. nnt~. nf Viroinln
OFFICE TITLE
November 2, 1999
7th
DISTRICT NAME OR NUMBER, IF APPLICABLE
Page _2,,_ of 7
Valid Write-Ins (continued)
[LIST IN ALPHABETICAL ORDER]
TOTAL VOTES
RECEIVED
(IN FIGURES)
Jenny Brathwaite
Christopher Todd Brown
Harry Browne
Esther Brunson
Peter G C~ula
Karl David Clark
Glenn Corey
Glenn F Corillo
Glenn Croshaw
Nancy Davenport
Enc W Davis
Marc Davis
R Patrick Deans
. lan~. r'Jne 2
CONTINUATION OF WRITE.INS CERTIFICATION
V~rgm~ Re~c,h ~} General ~1 Special Election
Q COUNt' ~1 C~TY
Memhc. r Finll_~. nf
OFFICE TITLE
November 2, 1999
7th Page -~ of 7
DISTRICT NAME OR NUMBER, IF APPLICABLE
Valid Write-Ins (continued)
[LIST IN ALPHABETICAL ORDER]
TOTAL VOTES
RECEIVED
(IN FIGURES)
John Doe
John H Dolan
Frank Drew
C Dunham
Wilbur Edwards
B~II Emery
Donald T Fa~son
Warren Gaskin
Carroz Gomez
Larry J Gray
E Hardy
Joe Hednck
Clarence Holland
Mike..I¢.nkin~ 1
CONTINUA TION OF WRITE-INS CER TIFICA TION
V~roln~ l~e~c~h ~ General 0 Special Election
~'ou.~ [~ c~
MP. mh~.r .q~_nntP. nf Virnlnl~
OFFICE TITLE
November 2, 1999
7th Page 4 ,, of 7
DISTRICT NAME OR NUMBER, IF APPLICABLE
Valid Write-Ins (continued)
[LIST IN ALPHABETICAL ORDER]
TOTAL VOTES
RECEIVED
[I/~ F/OURgS)
Percy Jones
Sharron Kantro
Reba Karp
Charles Keynolds
Col Frederic S Knight
Edward Kramer
Benjamin Laremont
Andy Le
Gary Leagan
Christopher Leverette
Chilton Mahin
Mark Howard Mallblom
Harold S Mason
P Mason 1
CONTINUATION OF WRITE-INS CERTIFICATION
V~r~ml~ Re,eh ~ General ~ Special Election
Me. mhe-r R~.n~tP. nf Vira,ni~
OFFICE TITLE
7th
DISTRICT NAME OR NUMBER, IF APPLICABLE
November 2, 1999
Page 5 of 7
Valid Write-Ins (continued)
[LIST IN ALPHABETICAL ORDER]
TOTAL VOTES
RECEIVED
(IN
John McCa~n
Alfred McCall
Jessie McCraw
Robt McDonald
Sam Meekins
Ernest~ne Middleton
Roland Midgett
John Moreau
Tom Moss
R L Mott
Mr. Ball
Mr. Piccollo
Meyera Oberndorf
Ken P~nnn 1
CONTINUA TION OF WRITE-INS CER TIFICA TION
V~r~m~ ~e~ch ~ General ~1 Special Election
cou.~ ~ c,TY
M~.mh~.r .q~.nnt~. nf Virn~nin
OFFICE TITLE
7th ,
DISTRICT NAME OR NUMBER, IF APPLICABLE
November 2, 1999
Page 6 of 7
Valid Write-Ins (continued)
[LIST IN ALPHABETICAL ORDER]
TOTAL VOTES
RECEIVED
(IA/FtOURES)
Michael J Posta III
Kenneth Pugh
Robert Richards
2
Bill Schelling
Lou~s Sheffer
Tony Simkus
Sonny Stallings
Louisa Strayhorn
Marcia Tharp
Peter Theo
James Dallas Thomas
Steve (CS) V~nson
Patrick H Wallace
Mar7 Weaver 1
CONTINUATION OF WRITE-INS CER TIFICA TION
Vir~lmn P. en c.h
COUNTY [~ CITY
General ~1 Special Election
M~.mhc. r .q~.nnt~. nf Virn,n,n
OFFICE TITLE
November 2, 1999
7th Page
DISTRICT NAME OR NUMBER, IF APPLICABLE
7 , of 7
Valid Write-Ins (cont,nued)
[LIST IN ALPHABETICAL ORDER]
TOTAL VOTES
RECEIVED
lily F/GUR~S)
Kasha A Winston
Yehudi 1
ABSTRACT OF VOTES
cast in the City of V~ra~nia Beach
at the November 2, 1999 General Election· for:
· Virginia,
MEMBER
SENATE OF VIRGINIA
8th
ENTER DISTRICT NUMBER
NAMES OF CANDIDATES AS SHOWN ON BAL£OT
Kenneth W. "Ken" StQlle
To TAL Vo rES
RECEIVED
(IN FIOURES)
25,459
Total Write-In Votes [SEE WRITE-IN CERTIFICATION] .........
626
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the elect/on held on November 2, 1999, do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for the office indicated above.
Given under our hands this 3rd day of November, 1999.
A copy teste:
Secretary, Electoral Board
WR I TE. INS CER TIFI CA TI O N
Virqinia Beach
El cou~rr~ I~ c,~
General O Special Election
Member Senate of Vzrqinla
OFFICE TITLE
November 2, 1999
8th
DISTRICT NAME OR NUMBER, IF APPLICABLE
Page 1 of 6
Write-Ins
TO TAL VOTES
RECEIVED
(IN FI~URES)
Invalid Wnte-lns .............................
534
Valid Write-Ins [LIST IN ALPHABETICAL ORDER]
Steve Austin 1
Jeremy Barnes ...... 1
Parker Bena 1
Everton Blender
Dr E E Brlckell
Nancy Brlckell ...... 1
CONTINUED ON PAGES 2 THROUGH 6
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1999, do hereby certify that, w/th the continuation pages
indicated, the above is a true and correct certification of the wrote-in votes cast at sa~d election for the office
indicated above.
Given under our hands this
A copy teste:
3rd
day of November, 1999.
~
, Chairman
, V~ce Chairman
, Secretary
Secretary, Electoral Board
CONTINUATION OF WRITE. INS CERTIFICATION
Virainia B~ach ~ General
O cou.~ ~ c,T~
Member Senate of Virginia
OFFICE TITLE
Special Election
November 2, 1999
8th
DISTRICT NAME OR NUMBER, IF APPLICABLE
Page 2 of 6
Valid Write-Ins [convnued)
[LIST IN ALPHABETICAL ORDER]
Jim Brinkman
TO TAt Vo TES
RECEIVED
(IN FIGURESJ
Jeffery Butts
Shirley Callis
James Walker Clark
Philip Collins
Al/Anna Cone
Glen Croshaw
Gre~ Daniel
Dean Davis
Paul Decamillis
Frank Drew
Ken Drexler
Thomas Dussman Jr
BObb _Dymarck ...... 1
CONTINUATION OF WRITE.INS CERTIFICATION
O cougar, ~ c,~
General Q Special Election
Member Senate of Virginia
OFFICE TITLE
November 2, 1999
8th
DISTRICT NAME OR NUMBER, IF APPLICABLE
Page 3 of 6
Valid Write-Ins (continued)
[LIST IN ALPHABETICAL ORDER]
TO TAL Vo TES
RECEIVED
(IN FIOURES)
Scott Everard
John Galt
Clarence Gerrish
Sadie Gibson
David Hackbirth
Robert Hagen
Mark Hill
Monte P Howell
MauryJackson
Thomas Jefferson
Joy M Joyal
Norman Kahn
William K~llam
Jay Levlne ......
CONTINUATION OF WRITE-INS CERTIFICATION
Virginia Beach
Q cou,,rn, I~' c,~
General ~1 Special Election
Member Senate of Viroinia
--
OFF~CE T[T[E
November 2, 1999
8th
DISTRICT NAME OR NUMBER, IF APPLICABLE
Page 4 of 6
Valid Write-Ins
[LIST IN ALPHABETICAL ORDER]
TOTAL VOTES
RECEIVED
(IN F/CURES)
Cathv Lewis
--
Lawrence Maddrv
Glen McClanan
Hugh McCollum
Bob McDonell
Kattle M McGaade
Ron Nieto
M Oberndorf
Michael George Onell
Robert Orn
Richard Petran
Myra T Plummer
Valentine N Riple¥
Charles W Robb ...... 1
CONTINUATION OF WRITE-INS CERTIFICATION
Virqinia Beach ~ General
O ¢oo~ ~ c,~
Mpmhmr, Smnmrm nf
OFFICE TITLE
8th
DISTRICT NAME OR NUMBER, IF APPLICABLE
Special Election
November 2, 1999
Page 5 . of 6
Valid Write-Ins
[LIST IN ALPHABETICAL ORDER]
TO TAt Vo TES
RECEIVED
(IN FIOURES)
Christine Ross
John Smith
Moodv Stallinqs, Jr
--
Terrv SUi~
--
Sandv Sullivan
-
[,~ nda Tisdale
15
J~hn ~lrnPr
P~n~ .l' Vm 1 rant I rip .....
CONTINUA TION OF WRITE-INS CER TIFICA TION
Vi tgi nih B~ac}l
Q cou~r~ Gl c,~
Member Senate of Virginia
OFFICE TITLE
General O Special Election
November 2, 1999
8th
DISTRICT NAME OR NUMBER, IF APPLICABLE
Page 6 of 6
Valid Write-Ins
[LIST IN ALPHABETICAl. ORDER]
To TAL Vo TES
RECEIVED
(IN F/oURES)
Marlon VanColl~y
Jmmmv V~ntura
W~rl Vnw~l l , Jr
~nun~ Wnllmnn
J Pope Woodard
Ann Wrlqht
Maria Zammit
ABSTRACT OF VOTES
cast in the City of Virqinia Beach
at the November 2, 1999 General Election· for:
· Virginia,
MEMBER
SENATE OF VIRGINIA
14th
ENTER DISTRICT NUMBER
NAMES OF CANDIDATES AS SHOWN ON BALLOT
TO TAL VOTES
RECEIVED
(IN F~ou~rES)
J. R~ndv Forbes ......... ]O,QQR
Total Write-In Votes [SEE WRITE-IN CERTIFICATION] .........
216
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1999, do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for the office indicated above.
Given under our hands this 3rd day of November, 1999.
A copy teste'
Secretary, Electoral Board
WRITE-INS CERTIFICATION
Virginia Beach
Q cou.~ ~1 c,~
Member Senate of ¥i~ginza
OFFICE TITLE
14th
DISTRICT NAME OR NUMBER, IF APPLICABLE
General ~ Special Election
Write-Ins
Invalid Write-Ins
November 2, 1999
Page 1 of 3
TOTAL VOTES
RECEIVED
(IN F~URESJ
192
Valid Write-Ins [LIST IN ALPHABETICAL ORDER]
Raj Buck ...... ,,. ]
Cory Caplan ......
Spencer J Darrow
Robert Deegan ...... 2
Frank Drew ...... 1
Samuel Epstein
CONTINUED ON PAGES 2 THROUGH 3
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1999, do hereby certify that, w/th the continuation pages
indicated, the above is a true and correct certification of the write-in votes cast at said election for the off/ce
in d/ca ted ab o ve.
Given under our hands this ~ day of November, 1999.
\
A copy teste:
, Chairman
Vice Chairman
, Secretary
Secretary, Electoral Board
CONTINUATION OF WRITE-INS CERTIFICATION
V~rmm~ ]~e,~c,h ~ General ~1 Special Election
Q ~ouN~ ~1 c,w
M~.mh~.r .c:;~-nnt~. nf Viroin,a
OFFICE TITLE
November 2, 1999
14th Page 2 of 3
DISTRICT NAME OR NUMBER, IF APPLICABLE
Valid Write-Ins (continued)
[LIST IN ALPHABETICAL ORDER]
TOTAL VOTES
RECEIVED
(IN FIGURES)
Willis Wesley Ferebee
L~nda S Fisher
Raul R Garc~a
David H Grace
Robert P Hawks III
Crystal H~II
Stephen M Howe
Robert T Jones Jr
Lawrence J Kates
Tony Macnn~
Meyera Oberndorf
John D Sparks
Moody E Stallings
Stanley Start I
CONTINUATION OF WRITE-INS CERTIFICATION
V,r~mmn Reach ~1 General ~l Special Election
COUNTY [~ CITY
M~.mh~.r R~.nnt~. nf V,rninin
OFFICE TITLE
November 2, 1999
1 4th Page
DISTRICT NAME OR NUMBER, IF APPLICABLE
3,, of 3
Valid Write-Ins ~co,~t,nueW
[LIST IN ALPHABETICAL ORDER]
TOTAL VOTES
RECEIVED
(IN FIGURES)
Stanley C Walker
Charles E Williams 1
.A RSTRACT OF VOTES
cast in the City o[ Virginia Beach
at the November 2, 1999 General Election· for'
· Virginia,
MEMBER
HOUSE OF DELEGATES
21st
ENTER DISTRICT NUMBER
JVAMES OF CANDIDATES AS SHOWN ON J~ALLOT
Frank W. Wagner
TOTAL VOTES
RECEIVED
lIN F/OUAES)
7,185
Total Write-In Votes [SEE WRITE-IN CERTIFICATION] .........
245
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the elect/on held on November 2, 1999, do hereby certify that the above/s a true and correct
Abstract of Votes cast at said election for the office indicated above.
Given under our hands this 3rd day of November, 1999.
A copy teste:
Secretary, Electoral Board
WRITE-INS CERTIFICATION
Virginia Beach
COUNTY ~ cn'Y
General ~1 Special Election
Member House of Deleqates
OFFICE TITLE
DISTRICT NAME OR NUMBER, IF APPLICABLE
Write-Ins
Invalid Wr~te-lns .............................
November 2, 1999
Page 1 of 4
~'0 TAL VOTES
RECEIVED
(IN F~euses)
203
Valid Write-Ins [LIST IN ALPHABETICAl. ORDER]
Esther Brunson 1
Willie Butler 1
Cory Caplan 1
Richard M Chelrlas
Laura Croft 1
Glenn R Croshaw
CONTINUED ON PAGES ~- THROUGH 4
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1999, do hereby certify that, with the continuation pages
indicated, the above is a true and correct certification of the write-in votes cast at said election for the office
indicated above.
Given under our hands this 3 rd
A copy teste:
day of November, 1999.
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
CONTINUA TION OF WRITE-INS CERTIFICATION
V]rmn]~ Re~c.h ~1 General CI Special Election
Q ~OUNTY I:ZI c,~
M~.mh~.r I-In~m~. nf I')~.l~.nnt~..~
OFFICE TITLE
21st
DISTRICT NAME OR NUMBER, IF APPLICABLE
November 2, 1999
Page 2 of 4
Valid Write-Ins (cont/nuec/)
[LIST IN ALPHABETICAL ORDER]
TOTAL VOTES
RECEIVED
(IN FIGURESJ
Spence J Darrow
John Doe
Frank Drew
C Dunham
Christine Epstein
Charles F Farr Jr
Ashley Ferebee
Raul R Garcia
David H Grace
Steve Hawthorne
Crystal Hill
Stephen M Howe
Harold Mason
P Mason 1
CONTINUATION OF WRITE-INS CERTIFICATION
V~rolnl~ Re~h ~ General ~ Special Election
Q ~'ouN~' Q c,w
M~.mh~.r I-In,m~. nf
OFFICE TITLE
November 2, 1999
21.st Page 3 of 4
DISTRICT NAME OR NUMBER, IF APPLICABLE
Valid Write-Ins (continued)
[LIST IN ALPHABETICAL ORDER]
TOTAL VOTES
RECEIVED
(IN FIGURES)
Eugene Mayton
Sherl McCall
Bob McDonald
McDonnel
Kattie M McGaade
Bill Meekins
Donald E Meyer
Tom Moss
Ron Nieto
William Roberson
John E Ross
Stanley Start
Alan Steel
V~nson 1
,
CONTINUATION OF WRITE-INS CERTIFICATION
Vll'-plnl.q Rennh
~ ~ou~' Q
General ~1 Special Election
M~.mh~.r Hn, J.~. nf ~.l~.nnt~._~
OFFICE TITLE
November 2, 1999
21st Page 4 of 4
DISTRICT NAME OR NUMBER, IF APPLICABLE
Valid Write-Ins (continued)
[LIST IN ALPHABETICAL ORDER]
TOTAL VOTES
RECEIVED
(IN FIGURES)
Howard Wollman 1
.,4 P STRACT OF VOTES
cast in the City of Virqinia Beach
at the November 2, 1999 General Election· for:
· Virginia,
MEMBER
HOUSE OF DELEGATES
/~/AMES OF CANDIDATES AS SHOWN ON BALLOT
Harry R. "Bob" Purkey
82nd
ENTER DISTRICT NUMBER
TO TAL Vo TES
RECEIVED
(IN FIGURES)
11,506
C. S. "Steve" Vinson
6,128
Total Write-In Votes [SEE WRITE-IN CERTIFICATION] .........
57
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1999, do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for the office indicated above.
Given under our hands this 3 rd day of November, 1999.
A copy teste:
, Charman
, Vic~a~rman
, Secretary
Secretary, Electoral Board
WRITE. INS CERTIFICATION
Q cou~rr~ I~
Member House of Deleoat~
OFFICE TITLE
82nd
DISTRICT NAME OR NUMBER, IF APPLICABLE
Write-Ins
General [2 Special Election
November 2, 1999
Page 1 of 1
TOTAL VOTES
RECEIVED
{IN FI~IRESJ
Invalid Write-Ins ............................. 51
Valid Write-Ins [LIST IN ALPHABETICAL ORDER]
Glenn Corey ...... 1
Glen Croshaw ...... ]
Susan Ditzler ......
John Galt ...... ]
Sonny StallinGs
James Dallas Thomas
CONTINUED ON PAGES 1 THROUGH 1
We, the undersigned Electoral Board, upon exam/nat/on of the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1999, do hereby certify that, with the continuation pages
indicated, the above/s a true and correct certification of the write-in votes cast at said election for the office
indicated above.
Given under our hands this 3 r d
copy teste:
day of November, 1999.
, Chairman
, V.ce Chairman
, Secretary
Secretary, Electoral Board
ABSTRACT OF VOTES
cast in the City of Virqinia Beach
at the November 2, 1999 General Election· for'
· Virginia,
MEMBER
HOUSE OF DELEGATES
NAMES OF CANDIDATES AS SHOWN ON ~ALLOT
83rd
ENTER DISTRICT NUMBER
TOTAL VOTES
RECEIVED
(IN FIOURES)
S. W. "S~m" M~kins, Jr.
4,371
Jr.
~,717
Total Write-In Votes [SEE WRITE-IN CERTIFICATION] .........
15
We, the undersigned Electoral Board, upon examination of the official records deposited w/th the Clerk of the
Circuit Court of the election held on November 2, 1999, do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for the office indicated above.
Given under our hands this 3rd day of November, 1999.
A copy teste.
//
, Chairman
, V,ce Cha,rman
, Secretary
Secretary, Electoral Board
.ABSTRACT OF VOTES
cast in the City of Virainia Beach
at the November 2, 1999 General Election, for:
· Virginia,
MEMBER
SENATE OF VIRGINIA
NAMES OF CANDIDATES AS SHOWN ON BALLOT
6th
ENTER DISTRICT NUMBER
TOTAL VOTES
RECEIVED
(IN FIGURES)
Stanley C. Walker
879
D. Nick Rerras ......... 926
Total Write-In Votes [SEE WRITE-IN CERTIFICATION] .........
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
C/rcu/t Court of the election held on November 2, 1999, do hereby cert/fy that the above/s a true and correct
Abstract of Votes cast at said election for the office indicated above.
Given under our hands this 3rd day of November, 1999.
A copy teste:
, Chairman
, V~ce Chairman
, Secretary
Secretary, Electoral Board
%
WRITE-INS CERTIFICATION
,v, irqini~ Beach
General ~ Special Election
Member Senate of Virqinia
OFFICE TITLE
November 2, 1999
6th
DISTRICT NAME OR NUMBER, IF APPLICABLE
Page I of 1
Write-Ins
TOTAL VOTES
RECEIVED
(IN F/euP~S)
Invalid Write-Ins ............................. 2
Valid Write-Ins /LIST IN ALPHABETICAL ORDER]
Gennifer Flowers
CONTINUED ON PAGES
THROUGH
We, the undersigned Electoral Board, upon exam/nat/on of the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1999, do hereby certify that, with the continuation pages
indicated, the above is a true and correct certification of the write-in votes cast at said election for the office
indicated above.
Given under our hands this ..
A copy teste:
3rd day of November, 1999.
, Cha,rman
, Vice Chairman
, Secretary
Secretary, Electoral Board
WR ! TE. INS CER TIFI CA TI O N
Virginia Beach
C~ COUNTY [~ CITY
Member House of Deleqates
OFFICE TITLE
83rd
DISTRICT NAME OR NUMBER, IF APPLICABLE
General Q Special Election
Write-Ins
Invalid Write-Ins
November 2, 1999
Page 1 of ].
TO TA~ Vo TE$
RECEIVED
(IN FmusEs)
10
Valid Write-Ins [UST IN ALPHABETICAL OROERI
Warren Gaskin ...... [
Paula C Jones ...... 1
Benjamin Laremont
Ed Schneider 1
CONTINUED ON PAGES
THROUGH
We, the undersigned Electoral Board, upon examination of the off/cia/records deposited with the Clerk of the
C/rcuit Court of the election held on November 2, 1999, do hereby certify that, with the continuat/on pages
/nd/cared, the above is a true and correct certification of the write-in votes cast at said election for the office
/nd/cared above.
Given under our hands this
A copy teste:
3rd
day of November, 1999.
, Chairman
, Vice Cha,rman
, Secretary
Secretary, Electoral Board
ABSTRACT OF VOTES
cast in the City of Virqinia Beach
at the November 2, 1999 General Election, for:
· Virginia,
MEMBER
HOUSE OF DELEGATES
84th
ENTER DISTRICT NUMBER
NAMES OF CANDIDATES AS SHOWN ON BALLOT
TO TAL Vo TES
RECEIVED
(IN FIOURES)
Frank Drew ......... 5,122
Robert F. "Bob" McDonnell
6,347
Total Write-In Votes [SEE WRITE-IN CERTIFICATION] .........
14
We, the undersigned Electoral Board, upon exam/nat/on of the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1999, do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for the office indicated above.
Given under our hands this 3rd day of November, 1999.
A copy testa:
/' ~~~/~~ ,~Vice Cha,rman
,Secretary
Secretary, Electoral Board
WRITE-INS CERTIFICATION
Virqinia Beach
Q couN~' ~ C,W
OFFICE TITLE
84th
DISTRICT NAME OR NUMBER, IF APPLICABLE
General O Special Election
Write-Ins
Invalid Write-Ins
November 2, 1999
Page 1 of 1
TO TAL VOTES
RECEIVED
fin FIOURE$)
Valid Write-Ins lUST IN ALPHABETICAL ORDER]
AllAnna Cone ...... 1
i
Robmrt P Hawks III
al ~nn Mc_C1 ahan ...... ]
.T~i r.yr, oyan
1
CONTINUED ON PAGES
THROUGH
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the elect/on held on November 2, 1999, do hereby certify that, w/th the continuation pages
indicated, the above is a true and correct certification of the write-in votes cast at said elect/on for the office
indicated above.
Given under our hands this 3rd
A copy teste:
day of November, 1999.
, Cha,rman
Vice Chairman
, Secretary
Secretary, Electoral Board
l STRACT OF VOTES
cast in the City of Virqinla Beach
at the November 2, 1999 General Election· for'
· Virginia·
MEMBER
HOUSE OF DELEGATES
NAMES OF CANDIDATES AS SHOWN ON J~ALLOT
ENTER DISTRICT NUMBER
TOTAL VOTES
RECEIVED
fiN F/OURES)
Glenn R. Croshaw
4,g22
T~rr~ L, Suit ......... 5.295
Total Write-In Votes [SEE WRITE-IN CERTIFICATION] .........
]5
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1999, do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for the office indicated above.
Given under our hands this 3rd day of November, 1999.
A copy teste:
Seal
Board
-~~ ~-- , Cha,rman
~//~ ,Vice~a,rman
Secretary, Electoral Board
WRITE. INS CERTIFICATION
Virainia Beach
Q cou.~ 13 cn~
General ~1 Special Election
Member House of Deleqates
OFFICE TITLE
81st
DISTRICT NAME OR NUMBER, IF APPLICABLE
Write-Ins
November 2, 1999
Page 1 of ..1
TOTAL Vo TES
RECEIVED
(IN F~oURES)
Invalid Write-Ins ............................. 7
Valid Write-Ins [LIST IN ALPHABETICAL ORDER]
Jeremy Banks ...... 1
Frank Drew ...... 5
Andy Fox ...... 1
Christine Ross ...... 1
CONTINUED ON PAGES
THROUGH
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1999, do hereby certify that, with the continuation pages
indicated, the above/s a true and correct certification of the write-in votes cast at said election for the office
indicated above.
Given under our hands this 3rd
copy teste:
Board
day of November, 1999.
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
ARSTRACT OF VOTES
cast in the
City of Virginia Beach
at the November 2, 1999 General Election, for'
· Virginia,
MEMBER
HOUSE OF DELEGATES
85th
ENTER DISTRICT NUMBER
]VAMPS OF CANDIOATE$ AS SNOWN ON ~ALLOT
To TAL VOTES
RECEIVED
flay FlouR, s)
Robert "Bob" Tata
11,322
Total Write-In Votes [SEE WRITE-IN CERTIFICATION] .........
279
We, the undersigned Electoral Board, upon exam/nat/on of the off/c/al records deposited w/th the Clerk of the
Circuit Court of the election held on November 2, 1999, do hereby certify that the above/s a true and correct
Abstract of Votes cast at said elect/on for the off/ce indicated above.
Given under our hands this 3rd day of November, 1999.
copy teste:
, Chairman
· - .-~/~ ~/'~
-~/ "~ '~'~ '~-~' ,Secretary
Secretary, Electoral Board
WRITE-INS CER TIFICA TION
Virginia Beach
0 ~o~ ~ c,~
Member House of Deleqates
OFFICE TITLE
85~h
DISTRICT NAME OR NUMBER, IF APPLICABLE
Write-Ins
Invalid Write-Ins
General 0 Special Election
November 2, 1999
Page 1 of 4
TO TAL VOTES
RECEIVED
(l~v Fmus;s)
236
Valid Write-Ins [LIST IN ALPHABETICAL ORDER]
'Pc~m Reda ...... 1
Alex M Berkowitz
Edwad Craig Betkins III
Sandra Brandt 1
Larry W Chase ...... 1
Glenn Croshaw
CONTINUED ON PAGES 2 THROUGH 4
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1999, do hereby certify that, with the continuation pages
indicated, the above is a true and correct certification of the write-in votes cast at sa/d election for the office
indicated abo ye.
Given under our hands this 3 rd
copy teste:
day of November, 19__99. ~
/
"~-'~ /~ Vice, Chairman
~/-~"~-~-'~-~ ' Secretary
Secretary, Electoral Board
CONTINUATION OF WRITE-INS CERTIFICATION
V]rg]n]~ Re~h a General ~l Special Election
~ COUNTY ~ C,TY
M~.mh~.r Ho~-'::~- nf 13~.l~.ont~._~
OFFICE TITLE
November 2, 1999
R.~th Page 2 of 4
DISTRICT NAME OR NUMBER, IF APPLICABLE
Valid Write-Ins (continued)
[LIST IN ALPHABETICAL ORDER]
TOTAL VOTES
RECEIVED
(IN FIGURES)
A~mee Dohner
John H Dolan
Thelma Drake
Frank Drew
Rachel Ellenson
Antonio Febres
Norman Fuller
Lynn J Gray
Mike Jenkins
Robert T Jones Jr
Mark Kantro
June P Kates
David Kidd
~pn K~lonrp,
C 0 N TIN UA TIO N OF WR I TE-INS CER TIFI CA TIO N
V~rg~m~ Rench
COUNTY Q C~TY
General ~1 Special Election
l~fl~.mh~.r Nn, m~. nf Fl~.l~.ont~..~
OFFICE TITLE
November 2, 1999
RSth Page 3 of 4
DISTRICT NAME OR NUMBER, IF APPLICABLE
Valid Write-Ins (continued)
[LIST IN ALPHABETICAL ORDER]
TOTAL VOTES
RECEIVED
(IN FIGURES)
Art Kohn
Chris Lalock
G W Nelligar
Meyera Oberndorf
Jeremy S Oglesby
Becky Platt
James Pritchett
Knst~e Puc, ih
J $ Ragman
Patrick "Pat" Robertson
Tony Simkus
Pearl Smith
Louisa Strayhorn
John Thoreen I
· CONTINUATION OF WRITE-INS CERTIFICATION
V,r~omlfl
COUNTY ~ C,~Y
General ~1 Special Election
M~.mh~.r Hn~,.~. nf I')~.l~.nnt~..~
OFFICE TITLE
FiRth
DISTRICT NAME OR NUMBER, IF APPLICABLE
November 2, 1999
Page 4 of 4
Valid Write-Ins (cont,nued)
[LIST IN ALPHABETICAL ORDER]
Leo Wardrup
Barbara Wasensee
TOTAL VOTES
RECEIVED
fiN FIGURESJ
Mary Weaver 1
ABSTRACT OF VOTES
cast in the City of Virqinia Beach
at the November 2, 1999 General Election, for:
· Virginia,
MEMBER
HOUSE OF DELEGATES
NAMES OF CANDIDATES AS SHOWN ON 8ALtOT
87th
ENTER DISTRICT NUMBER
To TAL Vo TES
RECEIVED
(IN FIGURES)
Thelma D. Drake
462
Total Write-In Votes [SEE WRITE-IN CERTIFICATION] .........
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the elect/on held on November 2, 1999, do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for the office indicated above.
Given under our hands this 3rd day of November, 1999.
A copy teste:
Chairman
VIce Cha.rman
, Secretary
~'~'~'~'~ ~;ecretary, Electoral Board
WRITE-INS CERTIFICATION
Virginia Beach
I~1 cou~r~ ~ c,w
Member House of Deleqates
OFFICE TITLE
87th
DISTRICT NAME OR NUMBER, IF APPLICABLE
General ~] Special Election
Write-Ins
Invalid Wr~te-lns ............................. 3
November 2, 1999
Page 1 of 1
TOTAL VOTES
RECEIVED
(IN Ftous~s)
Valid Write-Ins [LIST IN ALPHABETICAL ORDER]
Harry Browne ...... 1
Maureen Hardy ...... 1
Sam Meekins ...... 2
Robert Richards
CONTINUED ON PAGES
THROUGH
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1999, do hereby certify that, with the continuation pages
indicated, the above is a true and correct certification of the write-in votes cast at said election for the office
indicated above.
Given under our hands this
A copy teste'
day of November, 1999.
~~' , Chairman
~/'~~ , Vice Chairman
, Secretary
Secretary, Electoral Board
A RSTRACT OF VOTES
cast in the City of Virqinia Beach
at the November 2, 1999 General Election· for:
· Virginia·
MEMBER
HOUSE OF DELEGATES
NAMES OF CANDIDATES AS SHOWN ON J~ALLOT
ENTER DISTRICT NUMBER
TOTAL VOTES
RECEIVED
(IN FIt~URES)
W. P. "Billy" Robinson, Jr.
511
Michael L. Ball
1,065
Darrin W. S. MacKinnon
160
Total Write-In Votes [SEE WRITE-IN CERTIFICATION] .........
We. the undersigned Electoral Board. upon examinat/on of the official records deposited with the Clerk of the
C/rcu/t Court of the elect/on held on November 2. 1999. do hereby certify that the above/s a true and correct
Abstract of Votes cast at sa/d election for the office indicated above.
Given under our hands this 3rd day of November, 1999.
A copy teste:
,.~ / /(~~ ,Chairman
//~ .~//~ .~ ,V,ce Cha,rman
./~? ~ ~"~~ ' ,Secretary
Secretary, Electoral Board
WRITE.INS CERTIFICATION
Virginia Beach
[~COUNTY ~ClTY
Member House of Deleqates
OFFICE TITLE
90th
DISTRICT NAME OR NUMBER, IF APPLICABLE
General ~l Special Election
Write-Ins
Invalid Write-Ins
November 2, 1999
Page 1 of 1
TOTAL VOTES
RECEIVED
(IN FIOU~ES)
Valid Wr~te-lns [LIST IN ALPHABETICAL ORDER]
Frank Drew ...... 1
Shirley Howard ...... 1
Michael Posta III
CONTINUED ON PAGES
THROUGH
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1999, do hereby certify that, with the continuation pages
/ndicated, the above is a true and correct certification of the write-in votes cast at said election for the office
indicated above.
Given under our hands this 3r~
A coPv teste:
day of November, 1999.
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
ABSTRACT OF VOTES
cast in the City of Virginia Beach, Virginia,
at the November 3, 1998 Special Election, for:
PROPOSED ORDINANCE ON LIGHT RAIL TRANSIT PROJECT
QUESTION' Should the City Counml adopt an ordinance approving the
development and financing of the proposed V~rg~n~a Beach-Norfolk-Naval Base Light Ra~l
Transit Project?
TO TA& Vo TES
RECEIVED
YES SS,110
NO ~
We, the undersigned Electoral Board, upon examination of the off/cia/records deposited
with the Clerk of the Circuit Court of the election held on November 2, 1999, do hereby
certify that the above is a true and correct Abstract of Votes cast at said election for and
against the question or proposition set forth above.
Given under our hands this 3rd day of November, 1999.
A copy teste:
· Chairman
V~ce Chairman
, Secretary
Secretary, Electoral Board
.,4 RSTRA CT OF VOTES
cast in the City of ¥irqinia Beach
at the November 2, 1999 General Election· for:
· Virginia·
SOIL AND WATER CONSERVATION DIRECTOR
Virginia Dare
DISTRICT
NAMES OF CANDIDATES AS SHOWN ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIOURES)
Donald R. Trueblood
...................... 59,556
Total Write-in Votes [SEE WRITE-IN CERTIFICATION] ...........
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1999, do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for the office indicated above.
Given under our hands this 3rd day of November, 1999.
A copy teste:
Chairman
, V~ce Cha,rman
, Secretary
Secretary, Electoral Board
WR I TE- INS C ER TIFI CA TI ON
Virainia Beach
Q cou.n' I~ 6~
Soil and Water Conservation Director
OFFICE TITLE
General 0 Special Election
November 2, 1999
VirgiDla Dare
DISTRICT NAME OR NUMBER, IF APPLICABLE
Write-Ins
Page 1 of 14
TOIAI VOTES
RECEIVED
(IN FIOURES)
Invalid Write-Ins ............................. 958
Valid Wr~te-lns (LIST IN ALPHABETICAL ORDERI
David Ackiss ...... 1
Lola Jane Adams
Albert D Alberi
Darshell Alexander
Charlene M Allen
Robert P Arthur
CONTINUED ON PAGES 2 THROUGH 14
We, the undersigned Electoral Board, upon exam/nat/on of the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 1999, do hereby certify that, w/th the continuation pages
indicated, the above/s a true and correct certzf/cat/on of the wrzte-/n votes cast at said election for the office
indicated above.
Given under our hands this ~ day of November, 1999.
A copy teste
, Chairman
, V,ce Chairman
, Secretary
Secretary, Electoral Board
CONTINUATION OF WRITE-INS CERTIFICATION
Virginia Beach
COUNTY ~ CITY
Soil and Water Conservation Director
OFFICE TITLE
¥~rg~nla Dare
DISTRICT NAME OR NUMBER, IF APPLICABLE
General ~l Special Election
November 2, 1999
Page 2 of 14
Valid Write-Ins
[LIST IN ALPHABETICAL ORDER]
Albert Balko
TO TAL VOTES
RECEIVED
fin FIGURES)
Bill Barnes
Jeremy Barnes
Priscilla Beede
Daniel Scott Bell
Parker J. Bena
Leonard Bennett
13
Raqan A Betklns
J~m Ram Borqer
Mary Re~d Bowman
John C Br~x~n IV
Harry Browne
Esther Brunson
John A Burns ...... 1
NTIN UA TI ON OF WR I TE- INS CER TIFICA TI ON
vi rn ~. ~ a R~a ~h ~1 General
cOU.T~ ~ C,T~
Special Election
OFFICE TITLE
Virqinla Dare
DISTRICT NAME OR NUMBER, IF APPLICABLE
November 2, 1999
Page 3 of 14
Valid Write-Ins f¢onr, nued)
[LIST IN ALPHABETICAL ORDER]
TO TAt Vo TE$
RECEIVED
fin F/OI. IRES]
Frank Butler
George Washington Carver
Thomas Cave
Richard M Chelrlas
Jae Clark
James Walker Clark
Karl David Clark
R L COOper
Glenn F Cor~llQ
chard Craus
paul OeC_mm~ I 1 i,5 ...... 1
CONTINUATION OF WRITE-INS CERTIFICATION
[~COUNTY
roi ni ~ B~h
'~ CITY
General O Special Election
Soil and Water Conservation Director
OFFICE TITLE
DISTR~CT NAME OR NUMBER, IF APPLICABLE
November 2, 1999
Page 4 of 14
Valid Write-Ins
LUST IN ALPHABETICAL ORDERI
TOTAL VOTES
RECEIVED
(IN F/auREs)
Eric Alan DeGroff
Tommy DiMartini
Mary Doe
James R Dotter
Frank Drew
Ken Drexler
C Dunham
Wayne E Duprey
Monica Dussman
Bobb Dymarck
Scott Everard
Frank E Evers
Donald T Falson ...... 1
CONTINUATION OF WRITE. INS CERTIFICATION
Virqinia Beach ~ General O Special
Q COUNTY ~ c,~
Election
,~cri 1 ao~ Wz~r ('nn.~rx~;~t- 'inn ~'~ T'pc'~-n~"
OFFICE TITLE
Virginia Dare
DISTRICT NAME OR NUMBER, IF APPLICABLE
November 2, 1999
Page 5 of 14
Valid Write-Ins (continued)
[LIST IN ALPHABETICAL ORDER~
TO TAL Vo TES
RECEIVED
lIN FIGURES)
Kenneth W Farmer
Valarie Ferebee
Bruce Ferquson
Katherine L Ferguson
Michael H Fetter
Sadie Gibson
Bobcat Goldthwaite
D~]an~ C.,~rdon
Lynn ,7 ~r~y
A Jeff Hall
Guy J Hall
Jeff Hall
Ken Hambl in 1
C ONTIN UA TI ON OF WR I TE. INS CER TIFI CA TI ON
Q cou.'n, "~
Soil and water
OFFICE TITLE
Vzrginia Dare
DISTRICT NAME OR NUMBER, IF APPLICABLE
General i~1 Special Election
November 2, 1999
Page 6 of 14
Valid Write-Ins (continued)
[LIST IN ALPHABETICAL ORDER]
TO TAI. VD TE$
RECEIVED
(IN FlaURES)
R~_rnard FI F']Rm'i lton
E C l-]~r~y
Donald L Harrelson
Herb Hathaway
Robert L Hawkins
Sara Helke
Henry W Henry
William R Henry Jr
59
C Bradford Hobbs
Paul Hobbs
Andrew Holston
Stephen M Howe
Mike Jenkins ..... 1
CONTINUA TION OF WRITE-INS CERTIFICATION
Virainia Beach
_
Q couNn' I~ c,~
i/2 General 0 Special
Election
Soil and Water Conservation Director
OFFICE TITLE
¥1rginla Dare
DISTRICT NAME OR NUMBER, IF APPLICABLE
November 2, 1999
Page 7 of 14
Valid Write-Ins
[LIST IN ALPHABETICAL OROERI
TOTAL VOTES
RECEIVED
(IN F/OURES)
Dennis Jones
Robert T Jones Jr
Edward Jouidos
Llnda Kahn
Norman Kahn
Bob Kan~
~'nl l~r~r'l~r'i r, ,q Kn'i nht'
Aaron Kunce
Dali Lama
James R Land Jr
Ben3amln Laremont ..... 1
CONTINUA TION OF WRITE-INS CER TIFICA TION
¥i r~ n~ n~h ~2 General Q Special
Q cou.'r¥ "I~1 crn,
Election
Soil and Water Conservation Director
OFFICE TITLE
Virginia Dare
DISTRICT NAME OR NUMBER, IF APPLICABLE
November 2, 1999
Page 8 of 14
Valid Write-Ins (continued)
[LIST IN ALPHABETICAL ORDERJ
TO TAL Vo TES
RECEIVED
(IN FtOURES)
Clint Lavzano
Ben Leach
Christopher Leverette
Gerald F Levy
Monica S Lewinsky
Willzam Hun%er Lloyd
Chilton Mahin
Joseph Marrazzo
John D Martin
R~b~rt P~an~i.~ Mmrtin
H~rnl ct
p
Scot R Mazur
Timothy A McAdoo 1
CONTINUATION OF WRITE-INS CERTIFICATION
Virqlnia Beach ~ General O Special
QI cou~r~ ~ c,~
Election
Soil and Water Conservation Director
OFFICE TITLE
Virqinla Dar~
DISTRICT NAME OR NUMBER, IF APPLICABLE
November 2, 1999
Page 9 of ]4
Valid Write-Ins (continued)
[LIST IN ALPHABETICAL ORDER]
TOTAL VOTES
RECEIVED
fiN F/C, UFIES)
Glen McClannon
Bob McClausky
James McGrath
Tony Mecrini
R J Mick[ewicz
Liqda Midget%
~m~n Mnn~
,7~hn
·nm Mnn~
Steve Oneal
Linda J Palay
J Bena Parker 1
CONTINUATION OF WRITE-INS CERTIFICATION
Virqinia Beach ~ General ~ Special Election
~ COUNTY ~ C,~Y
Soil and Water Conservation Director
November 2, 1999
OFFICE TITLE
Virqlnia Dare Page 10 of 14
DISTRICT NAME OR NUMBER, IF APPLICABLE
Valid Write-Ins (cont,nued)
[LIST IN ALPHABETICAL ORDER]
TOTAL VOTES
RECEIVED
(IN FIGURES)
John Parrish
17
James R Paschall
Jeff Paul
Jeanette Paulson
Walter Payton
Liberty Perry
Lzsette Piccillo
Pickett
Becky Platt
Ruth Pleasants
Cynthia Pridmore
114
Irma Pugh
Robert Redmon
Bob Richards 1
CONTINUA TION OF WRITE-INS CER TIFICA TION
Virqinia Beach
Q cou,~, :ID
Soil and Water Conservation Director
OFFICE TITLE
Virqinia
DISTRICT NAME OR NUMBER, IF APPLICABLE
General ~1 Special Election
November 2, 1999
Page 11 of 14
Valid Write-Ins
[LIST IN ALPHABETICAL ORDER]
TO TAL VOTES
RECEIVED
lIN FIOURES)
Mark Houston Ricketts
Daniel A Riley
Jeffrey C Robinson
Rollins
Kathleen Ross
Ronald Rouohoarden
--
,7ne] m~hen
D~v~ c] ~q~l
Julie Sargent
Bill Schelling
Kenneth Schonfeld
Richard Schwab
A1 Sharpton ...... 1
CONTINUATION OF WRITE-INS CERTIFICATION
CI cou~rn, I~crr,,,
Soil and Water Conservation Director
OFFICE TITLE
Virginia Dare
DISTRICT NAME OR NUMBER, IF APPLICABLE
General I~1 Special Election
November 2, 1999
Page 12 of 14
Valid Write-Ins (continued)
[LIST IN ALPHABETICAL ORDER]
Walter T Shear III
TO TAI VOTES
RECEIVED
(IN FIOtYRE$)
Lois I Sheffer
Martin S Sheffer
Tony Simkus
Ellie Spellman
William Sprlnqer
Stanley Start
Stella Stewart
Vincent M Stewart
,, David Street
C David Sweet
Don Taylor
~(~h~r~ mr~jn ...... 26
CONTINUA TION OF WRITE-INS CER TIFICA TION
Virginia Beach
Q cou~rn' i~
Soil and Wa~er Conservation Director
OFFICE TITLE
Virginia
DISTRICT NAME OR NUMBER, IF APPLICABLE
General O Special Election
November 2, 1999
Page 13 of 14
Valid Write-Ins
[LIST IN ALPHABETICAL ORDER]
TOTAL VOTES
RECEIVED
(IN FlaURESJ
Cvnthia Trueorud
-- --
Marlon yanColley
Angela VanDerHoofve~
Char] ie Vincent
A F "Arch" Walpole Jr
George Washington
Dick Welton
Abert Wigandt
Michael Wimbish
Kasha A Winston
Lewis E Winston
Ted Woquar ..... 1
CONTINUA TION OF WRITE-INS CER TIFICA TION
Virqinia Beach
Q cou.~ I[I c,~
Soil and Wa~er ~onservation Director
OFFICE TITLE
Virqinia Dar~
DISTRICT NAME OR NUMBER, IF APPLICABLE
~ General E) Special Election
November 2, 1999
Page 13 of 14
Valid Write-Ins
[LIST IN ALPHABETICAL ORDER!
TO TAL Vo TE$
RECEIVED
(IN F~oUReS)
C_vnthia Trueprud
Marlon VanCollev
--
Anoela VanDerRoofv~n
Char]ie Vincent
A F "Arch" Walpole Jr
George Washington
Dick Welton
Abert Wigandt
Michael Wimbish
Kasha A Winston
Lewis E Winston
Ted Wojuar ..... 1
CONTINUA TION OF WRITE. INS CER TIFICA TrOW
So.i..1. and ~a . .
General [} Special Electic_
November 2, 199~
Page 1.~._3 of 14
Valid Write-Ins [conr,,,u.,~/
[LIST IN ALPHABETICAL ORDER]
A F "A~le Jr ~ '
George
~elton
l'o r, nz l/orEs
RECEIVED
t'l~v
· . i
1
1
· · .
CONTINUATION OF WRITE-INS CERTIFICATION
O cou.w " 121
General O Special
Election
SO~] and
OFFICE TITLE
DISTRICT-NAIVE OR NUMBER, IF APPLICABLE
November 2, 1999
Page 14 of 14
Valid Write-Ins (continued)
(LIST IN ALPHABETICAL ORDER]
TOTAL VOTES
RECEIVED
(IN FmUNES)
Mark Yatrof~kv