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Home My WebLink AboutJANUARY 22, 2002 MINUTESCITY COUNCIL City of Virginia Beach MAYOR MEYERA E OBERNDORF, At -Large VICE MAYOR WILLIAM D SESSOMS, JR , At -Large LINWOOD 0 BRANCH, III, Beach - District 6 MARGARET L EURE, Centerville - District 1 WILLIAM W HARRISON, JR , Lynnhaven - District 5 BARBARA M HENLEY, Princess Anne - District 7 LOUIS R JONES, Bayside - District 4 REBA S McCLANAN, Rose Hall - District 3 ROBERT C MANDIGO, JR , Kempsville - District 2 NANCY K PARKER, At -Large ROSEMARY WILSON, At -Large JAMES K SPORE, City Manager LESLIE L LILLEY, City Attorney RUTH HODGES-SMITH, MMC, City Clerk "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE (757) 427-4304 FAX (757) 426-5669 EMAIL Ctycncl@city virginia-bench vu us REVIEW OF AGENDA ITEMS CITY COUNCIL COMMENTS INFORMAL SESSION January 22, 2002 - Conference Room - - Conference Room - A CALL TO ORDER - Mayor Meyera E. Oberndorf B ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION IV FORMAL SESSION - Council Chamber - A. CALL TO ORDER - Mayor Meyera E. Oberndorf 4:00 PM 4:30 PM 6:00 PM B INVOCATION: Chaplain Hosea Abdul Salaam Naval Air Station C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION F. MINUTES D E. 1 INFORMAL & FORMAL SESSIONS G AGENDA FOR FORMAL SESSION January 8, 2002 H MAYOR'S PRESENTATION 1. PROCLAMATION a. Virginia Beach Mustangs Day - January 22, 2002 I. RESOLUTIONS/ORDINANCES 1. Resolution re issuance of the Development Authority's Multi -Family Residential Rental Housing Refunding Revenue Bonds: Silver Hill Mill Dam Associates Limited Partnership Not to exceed 1537 Mill Dam Road $2,200,000 (LYNNHAVEN - DISTRICT 5) 2 Resolutions re legislation to designate the following benevolent corporations TAX EXEMPT re all state and local real estate and personal property: a. Amencan Environment Foundation b. Beth Sholom Terrace 3 Resolution re endorsement of Federal Transportation Enhancement Funds for the Ferry Plantation House Restoration -Phase I, Pungo Ferry Landing property acquisition for public use, Providence Road Trail, Nimmo Parkway Trail extension, and First Colonial Road Trail 4. Ordinance to AMEND the City Code ADDING § 35.2 to establish technology zones as delineated in Virginia State Code § 58.1-3850 5 Ordinance to AMEND the Chesapeake Bay Preservation Ordinance re variances and public notification to all adjacent property owners 6 Ordinance to CLARIFY an Ordinance adopted November 6, 2001, authorizing acquisition in fee simple ofproperty located at Lynnhaven Parkway and Potters Road (I-264 Interchange) for the LYNNHAVEN INTERCHANGE at Great Neck Road, either by agreement or condemnation 7. Ordinance to ACCEPT and APPROPRIATE $1,060,987 from the Commonwealth of Virginia Technology Trust Fund re purchasing land records document indexing and imaging system for the Clerk of the Circuit Court 8 Ordinance to AUTHORIZE the City Manager to execute an Agreement between the City and the Virginia Housing Development Authonty (VHDA) re Sponsonng Partnerships and Revitalizing Communities (SPARC) home ownership program 9. Ordinance to AUTHORIZE the City Manager to execute a Consent to the Assignment of Ingenco's nghts and obligations under the LFG Agreement re amended Landfill Gas sale Agreement 10. Ordinance to TRANSFER $173,683 from the General Fund Reserve for Contingencies to FY 2001-02 operating budget re revenue reimbursements to fully fund the Real Estate Tax Relief Program J. PLANNING 1. Application of ROBERT A. CONAWAY for a Variance to § 4.4(d) of the Subdivision Ordinance that requires all newly created lots have direct access to a public street at 2005 Peninsula Road. ( LYNNHAVEN - DISTRICT 5) Recommendation: APPROVAL 2. Application of STEPHEN KNIGHT for a Variance to § 4.4(d) of the Subdivision Ordinance that requires all newly created lots have direct access to a public street at 1525 General Booth Boulevard. (BEACH - DISTRICT 6) Recommendation APPROVAL 3. Applications of WEST NECK PROPERTIES, INC. at the northeast corner of West Neck and Indian River Roads (3132 West Neck Road), containing 87.215 acres. (DISTRICT 7 - PRINCESS ANNE) (a) Variance to § 4.4(b) of the Subdivision Ordinance re the thirty (30) -foot minimum pavement width for interior streets (b) Change of Zoning District Classification from AG -1 and AG -2 Agricultural to Conditional R-15 Residential (c) Conditional Use Permit re Open Space Promotion Recommendation: APPROVAL 4. Applications of SALT MEADOW BAY, LLC: (a) Discontinuance, Closure and Abandonment of a portion of Barberton Dnve (formerly Woodland Street) beginning at the northern boundary of South Onole Dnve and running in a northerly direction 200 feet (b) Modification of Proffers on a Conditional Change of Zoning District Classification approved by City Council on June 12, 2001, from R-7.5 Residential and B-2 Community Business to A-36 Apartment at the south side of Laskin Road, 1,000 feet more or less east of South Onole Drive (c) Change of ZoningDistrict Classification from R-7.5 Residential to Conditional A- 36 Apartment at Bean Garden on the northwest corner of Barberton Drive and South Oriole Dnve, containing 47,500 square feet Recommendation: APPROVAL 5. Application of BIL -MAR CONST. LTD for a Conditional Use Permit re housing for senior and disabled persons at the northwest extremity of Oconee Avenue, containing 5.25 acres. (DISTRICT 6 - BEACH) Deferred: December 11, 2001 Recommendation: DEFERRAL to February 12, 2002 1 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 22, 2002 Mayor Meyera E Oberndorf called to order the REVIEW OF AGENDA ITEMS in the City Council Conference Room, City Hall Building, on Tuesday, January 22, 2002, at 4 00 P M Council Members Present Linwood 0 Branch, III, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Mayor Meyera E Oberndorf Nancy K Parker and Vice Mayor William D Sessoms, Jr Council Members Absent Margaret L Eure Rosemary Wilson [Entered 4 10 P M J [Entered 4 05 P M J 1 - 2 - AGENDA REVIEW SESSION 4:00 P.M. ITEM # 49180 I2 Resolution re legislation to designate the following benevolent corporations TAX EXEMPT re all state and local real estate and personal property: a American Environment Foundation The applicant has requested INDEFINITE DEFERRAL ITEM # 49181 I2 Resolution re legislation to designate the following benevolent corporations TAX EXEMPT re all state and local real estate and personal property: b Beth Sholom Terrace Council Lady McClanan and Parker will vote NAY on this item Council Lady Eure referenced meeting with the applicants and they have adopted a proposed policy During the period of initial occupancy and whenever the Terrace has an occupancy between 75%, Beth Sholom Terrace will subsidize the cost of services in an amount equal to 100% of the tax exemption The amount of each subsidy will be based upon the individual needs of the resident Whenever the Terrace is at or above 75% occupancy, Beth Sholom Terrace will subsidize the cost of services in an amount equal to 150% of the tax exemption The amount of each subsidy will be based upon the individual needs of the resident In implementing paragraphs 1 and 2, the residents of not less than ten percent (10%) of the facility 's 72 units, with a minimum of seven units, will be granted a subsidy to offset their cost of services The charges are from $2200 to $3200 per month for full care i e Alzheimer Council Lady Parker advised Beth Sholom Home of Virginia (approved 12/16/97) was described as a "nursing home for the elderly", with 70% of its residents on Medicaid Beth Sholom Sands (approved 12/14/99) was described as a "HUD -subsidized (Section 202) facility for elderly and low-income persons " Council Lady Parker expressed concern and did not understand the relationship between the three applications, if they are intricately linked and how this fats relative what is acceptable as medicare and medicaid Council Lady McClanan was not interested in making anything else in the City exempt from taxes Council Lady Henley was under the impression a policy had been established that all requests for tax exemptions must be submitted to the City Council by December She was concerned with the applications appearing before City Council just before the General Assembly deadline Councilman Mandigo referenced proposed City Council Guidelines re applications for tax exemption These guidelines were prepared by Council Members Mandigo and Parker, City Attorney Les Lilley and Assistant City Attorney Larry Spencer There are many organizations which are on paper as 501 (c)(3), but do not exist These organizations do not have any assets This proposed criteria would be a method to check the continued status of the organizations Said guidelines are hereby made a part of the record Mayor Oberndorf advised Council Liaisons are usually appointed The City Attorney advised during the last discussion, the City Council spoke relative developing guidelines Council Members Mandigo and Parker expressed an interest, therefore, his office contacted them to assist Assistant City Attorney Spencer advised Beth Sholom Terrace is a new entity The land is currently under the name of Beth Sholom Home of Virginia, however it will be transferred That is the reason, technically, that Beth Sholom Terrace does not have any assets January 22, 2002 1 -3- A GE NDA REVIEW SESSION ITEM # 49182 13 Resolution re endorsement of Federal Transportation Enhancement Funds for the Ferry Plantation House Restoration—Phase I, Pungo Ferry Landing property acquisition for public use, Providence Road Trail, Nimmo Parkway Trail extension, and First Colonial Road Trail Council Lady Henley referenced the Application Summary for Virginia Transportation Enhancement Program and noted in the fourth paragraph "The local chapter of the American Institute of Architects has subleased a room in the historic building " The American Institute of Architects did sublease a room for a year and `half, but are no longer there This City Manager advised this reference shall be removed from the application ITEM # 49183 14 Ordinance to AMEND the City Code ADDING § 35 2 to establish technology zones as delineated in Virginia State Code § 581-3850 Vice Mayor Sessoms had previously requested this item be DEFERRED thirty (30) days until the City Council Session of January 22, 2002 Barry DuVal, who is very active in economic development, had offered to review this Ordinance Mr Du Val established technology zones across the Commonwealth Mr DuVal recommends this Ordinance, however, suggests amendments might be necessary in the future for smaller businesses that might come to the area Mr Du Val believes this Ordinance is a very good "starting point" ITEM # 49184 15 Ordinance to ACCEPT and APPROPRIATE $1,060,987 from the Commonwealth of Virginia Technology Trust Fund re purchasing land records document indexing and imaging system for the Clerk of the Circuit Court Councilman Mandigo inquired if these records would be accessible, without charge, by the public David Sullivan, Chieflnformation Officer, advised this information will be available thru the Clerk of the Circuit Court's Website ITEM #49185 I9 Ordinance to AUTHORIZE the City Manager to execute a Consent to the Assignment of Ingenco's rights and obligations under the LFG Agreement re amended Landfill Gas sale Agreement Vice Mayor Sessoms will ABSTAIN on this item ITEM # 49186 BY CONSENSUS, the following shall compose the CONSENT AGENDA: 1 1 Resolution re issuance of the Development Authority's Multi - Family Residential Rental Housing Refunding Revenue Bonds Silver Hill Mill Dam Associates Limited Partnership Not to exceed 1537 Mill Dam Road $2,200,000 (L YNNHA VEN - DISTRICT 5) January 22, 2002 1 -4- AGE NDA REVIEW SESSION ITEM #49186 (Continued) 12 Resolutions re legislation to designate the following benevolent corporations TAX EXEMPT re all state and local real estate and personal property: a American Environment Foundation b Beth Sholom Terrace 13 Resolution re endorsement of Federal Transportation Enhancement Funds for the Ferry Plantation House Restoration—Phase I, Pungo Ferry Landing property acquisition for public use, Providence Road Trail, Nimmo Parkway Trail extension, and First Colonial Road Trail I4 Ordinance to AMEND the City Code ADDING § 35 2 to establish technology zones as delineated in Virginia State Code § 581-3850 15 Ordinance to ACCEPT and APPROPRIATE $1,060,987 from the Commonwealth of Virginia Technology Trust Fund re purchasing land records document indexing and imaging system for the Clerk of the Circuit Court 16 Ordinance to CLARIFY an Ordinance adopted November 6, 2001, authorizing acquisition in fee simple ofproperty located at Lynnhaven Parkway and Potters Road (1-264 Interchange) for the LYNNHAVEN INTERCHANGE at Great Neck Road, either by agreement or condemnation 17 Ordinance to ACCEPT and APPROPRIATE $1,060,987 from the Commonwealth of Virginia Technology Trust Fund re purchasing land records document indexing and imaging system for the Clerk of the Circuit Court I8 Ordinance to AUTHORIZE the City Manager to execute an Agreement between the City and the Virginia Housing Development Authority (VHDA) re Sponsoring Partnerships and Revitalizing Communities (SPARC) home ownership program I9 Ordinance to AUTHORIZE the City Manager to execute a Consent to the Assignment of Ingenco's rights and obligations under the LFG Agreement re amended Landfill Gas sale Agreement I 1 0 Ordinance to TRANSFER $173,683 from the General Fund Reserve for Contingencies to FY 2001-02 operating budget re revenue reimbursements to fully fund the Real Estate Tax Relief Program Items 2a will be DEFERRED INDEFINITELY, BY CONSENT Council Ladies McClanan and Parker will vote NAY on Item 2b Vice Mayor Sessoms will ABSTAIN on Item 9 January 22, 2002 1 -5- AGENDA REVIEW SESSION ITEM # 49187 J 2 Application of STEPHEN KNIGHT for a Variance to § 4 4(d) of the Subdivision Ordinance that requires all newly created lots have direct access to a public street at 1525 General Booth Boulevard (BEACH - DISTRICT 6) Council Lady McClanan expressed concern This application is close to the Red Wing property Years ago, the condition was imposed on the shopping center that the trees shall remain as a buffer along the rear of the property These trees have been cut down Council Lady McClanan was in opposition to this application Council Ladies Henley and Parker wished clarification relative this application Robert Scott, Director of Planning, advised this property is located behind the Golden Coral Restaurant A 1 3 acre portion (proposed Lot 3) in the rear of the property contains three 150 foot communication towers, each leased by a separate wireless service company The Planning Commission issue centered upon the degree to which the access (Teach Lane) to proposed Lot 3 should be improved The Planning Commission removed the condition proposed by staff 1 Teach Lane (20 -foot wide private road), serving as access to proposed Lot 3, must be paved from General Booth Boulevard to the southernmost entrance serving the tower site prior to recordation of the final plat Stephen White, Planning, advised Mr Knight is subdividing this one parcel into three (3) separate parcels, which he can then sell The parcel in the back, for the indefinite future, will continue to be used as the tower facility There is another parcel in the middle between the front and the tower site, which Mr Knight will probably sell The Variance is required for Parcels 2 and 3 they have no direct access to a public street Council Lady Parker inquired relative Parcel 2 being utilized for stormwater management and parking for Golden Coral Parcel 2 will have some of the parking for the Golden Coral It is not required parking It is excess parking and also has a stormwater management facility Upon subdivision, the applicant will have to arrange an agreement for this stormwater facility to remain there or else find room on the Golden Coral parcel for the stormwater facility Teach Lane is a private roadway Access for parcels 2 and 3 would be through the existing site (the parking lot) This item will be discussed during the Formal Session ITEM # 49188 J 3 Applications of WEST NECK PROPERTIES, INC. at the northeast corner of West Neck and Indian River Roads (3132 West Neck Road), containing 87 215 acres (DISTRICT 7 - PRINCESS ANNE) (a) Variance to § 4 4(b) of the Subdivision Ordinance re the thirty (30) foot minimum pavement width for interior streets (b) Change of Zoning District Classification from AG -1 and AG -2 Agricultural to Conditional R-15 Residential (c) Conditional Use Permit re Open Space Promotion Vice Mayor Sessoms advised the applicant has requested DEFERRAL until February 5, 2002, and wishes to confer with Council Lady Henley Council Lady Henley was concerned with the interpretation of what is and is not developable land and the density credit Council Lady Henley's concern was prompted by the fact that density credit is given for non jurisdictional tidal wetlands, as well as other property which does not look reachable and must cross wetlands to install a road Stephen White advised there are only 67 developable acres There are a total of approximately 85 acres on the site, subtracting the 14jurisdictional wetlands and 68 remains Therefore, the density is calculated on the 68 acres Council Lady Henley advised the tidal wetlands is subtracted, however, the non -tidal wetlands receives density credit Council Lady Henley colored coded the large plat The "green " represents the non -tidal jurisdictional wetlands for which density credit is received The property which does not look reachable as a road would have to cross wetlands Council Lady Henley did not believe 66 lots could be developed on this property Robert Scott and Stephen White shall confer with Council Lady Henley Council Lady Eure advised Attorney Bourdon informed her the property would have curbs, but not gutter The summary of the proposal had referenced swales The staff will review and advise January 22, 2002 1 -6- A GEN DA REVIEW SESSION ITEM # 49189 J 4 Applications of SALT MEADOW BAY, LLC: (a) Discontinuance, Closure and Abandonment of a portion of Barberton Drive (formerly Woodland Street) beginning at the northern boundary of South Oriole Drive and running in a northerly direction 200 feet (b) Modification of Proffers on a Conditional Change of Zoning District Classification approved by City Council on June 12, 2001, from R-7.5 Residential and B-2 Community Business to A-36 Apartment at the south side of Laskin Road, 1,000 feet more or less east of South Oriole Drive (c) Change of Zoning District Classification from R-7.5 Residential to Conditional A-36 Apartment at Bean Garden on the northwest corner of Barberton Drive and South Oriole Drive, containing 47,500 square feet Council Lady Parker will vote NAY on this item ITEM # 49190 J 5 Application of BIL -MAR CONST. LTD for a Conditional Use Permit re housing for senior and disabled persons at the northwest extremity of Oconee Avenue, containing 5 25 acres (DISTRICT 6 - BEACH) Councilman Harrison wished to DEFER this item until the City Council Session of February 12, 2002. ITEM # 49191 J 6 Application of FRANKDOCZI for a Conditional Use Permit for a riding academy and boarding horses at the southwest intersection of Pleasant Ridge Road and Charity Neck Road (1613 Pleasant Ridge Road), containing 20 2 acres (PRINCESS ANNE - DISTRICT 7) Council Lady Henley DISCLOSED and will ABSTAIN, Pursuant to Section 2 2-3114(E), Code of Virginia that she is a partial owner of property located adjacent to the applicant 's property at 1613 Pleasant Ridge Road The City Attorney has advised her that she is required to disclose her personal interest as it meets the criteria of a personal interest in the transaction under the Conflict of Interests Act, and that she is disqualified from participation in this transaction Council Lady Henley 's letter of December 18, 2001, is hereby made a part of the record Vice Mayor Sessoms advised staff is again reviewing reducing the speed limit along Charity Neck Road from 45 m p h to 35 m p h The neighbors are very concerned Stephen White advised relative access to the site Alternative B was originally proposed by the applicant, however, none of the residents wished the access in this location as it would be right in front of their homes Alternative C was reviewed by the Traffic Engineers and determined not to be feasible due to blind curves and other complications Alternative A represents the best location This alternative provides a view to the west, down Pleasant Ridge Trees located between the access road and Pleasant Ridge Road may be removed as needed to insure adequate sight distance to the east These will be kept trimmed Council Lady Eure advised there is on-site parking provided for 18 vehicles Eighteen (18) parking spaces accommodating horse shows does not sound realistic Mr White advised on horse show days these spaces would not handle the parking, however, the parking would be similar to the parking for the Strawberry Festival The overflow would be on the grass areas outside the parking lot Council Lady Eure also requested when this project is completed, "stop bars" be installed January 22, 2002 -7 - AGENDA REVIEW SESSION ITEM # 49192 J 7 Application of SHAHPOR MAHGEREFTEH for a Conditional Use Permit re motor vehicle sales at the northeast corner of Haygood Road and Crossborough Road (4880 Haygood Road), containing 39,988 square feet (BA YSIDE - DISTRICT 4) Stephen White distributed additional conditions 10 Applicant shall extend the existing sidewalk within the public right-of-way or Crossborough Road from its terminus at the northern boundary of the subject property to Haygood Road 11 Applicant shall plant and maintain a hedgerow meeting the City's Category I Landscape Buffer Specifications along the property 's frontage on Crossborough Road and along that portion of the northern boundary of the property which lies west of the existing self storage buildings on the adjacent property The buffer will include the same species of trees utilized on the adjacent self storage facility This will be discussed during Formal Session Council Lady McClanan advised reviewing the applicant's lot located in the Kempsville District There are large flags denoting "zero percent financing" throughout the lot Council Lady McClanan advised there are too many ex gas stations turned into used car lots The litter and signs do not benefit the neighborhoods nor the City Deputy City Attorney Macali advised these are considered signs and would be illegal The City can take action on this other lot Mr White advised the containers in the back shall be removed Condition 2 contains this requirement There are no underground storage tanks on the site These were removed during the widening of Haygood Road Council Lady Wilson advised she had once resided in Haygood Point The application is located at the entrance and this particular property has been an "eye sore" For years, it was a Volkswagon Repair with cars stacked up Hopefully, this application will be an improvement ITEM # 49193 J 8 Application of PRINCESSBORO DEVELOPMENT COMPANY, INCORPORATED re a Conditional Use Permit for a borrow pit on the south side of Sandbridge Road, 720 feet more or less east of Princess Anne Road said parcel contains 64 911 acres (PRINCESS ANNE - DISTRICT 7) Council Lady Henley expressed concern if this is deferred to February 12, 2002 The Red Mill School PTA celebrates Founder 's Day Council Lady Henley advised Attorney Eddie Bourdon noted the applicant would not have any problem in DEFERRING it until March 26, 2002 ITEM # 49194 J 9 Ordinance to AMEND § § 1405 and 1605 of the City Zoning Ordinance (CZO) re Public Hearing procedure on permit applications for the Wetlands Zoning Ordinance and the Coastal Primary Sand Dune Zoning Ordinance Stephen White advised Council Lady Wilson, this AMENDMENT to the City Zoning Ordinance requires action by the Planning Commission, thus it is a Planning item rather than placed under Ordinances in the Agenda January 22, 2002 1 -8- AGENDA REVIEW SESSION ITEM # 49195 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J 1 Application of ROBERT A. CONAWAY for a Variance to § 4 4(d) of the Subdivision Ordinance that requires all newly created lots have direct access to a public street at 2005 Peninsula Road (L YNNHA VEN - DISTRICT 5) J 3 Applications of WEST NECK PROPERTIES, INC. at the northeast corner of West Neck and Indian River Roads (3132 West Neck Road), containing 87 215 acres (DISTRICT 7 - PRINCESS ANNE) (a) Variance to § 4 4(b) of the Subdivision Ordinance re the thirty (30) foot minimum pavement width for anterior streets (b) Change of Zoning Distract Classification from AG -1 and AG -2 Agricultural to Conditional R-15 Residential (c) Conditional Use Permit re Open Space Promotion J 4 Applications of SALT MEADOW BAY, LLC: (a) Discontinuance, Closure and Abandonment of a portion of Barberton Drive (formerly Woodland Street) beginning at the northern boundary of South Oriole Drive and running in a northerly direction 200 feet (b) Modification of Proffers on a Conditional Change of Zoning District Classification approved by City Council on June 12, 2001, from R-7.5 Residential and B-2 Community Business to A-36 Apartment at the south side of Laskin Road, 1,000 feet more or less east of South Oriole Drive (c) Change ofZoningDistrict Classification from R-7.5 Residential to Conditional A-36Apartment at Bean Garden on the northwest corner of Barberton Drive and South Oriole Drive, containing 47,500 square feet J 5 Application of BIL -MAR CONST. LTD for a Conditional Use Permit re housing for senior and disabled persons at the northwest extremity of Oconee Avenue, containing 5 25 acres (DISTRICT 6 - BEACH) J 6 Application of FRANKDOCZI for a Conditional Use Permit re a riding academy and boarding horses at the southwest intersection of Pleasant Ridge Road and Charity Neck Road (1613 Pleasant Ridge Road), containing 20 2 acres (PRINCESS ANNE - DISTRICT 7) J 8 Application of PRINCESSBORO DEVELOPMENT COMPANY, INCORPORATED re a Conditional Use Permit for a borrow pit on the south side of Sandbridge Road, 720 feet more or less east of Princess Anne Road said parcel contains 64 911 acres (PRINCESS ANNE - DISTRICT 7) January 22, 2002 1 -9- AGENDA REVIEW SESSION ITEM # 49195 (Continued) J 9 Ordinance to AMEND § § 1405 and 1605 of the City Zoning Ordinance (CZO) re Public Hearing procedure on permit applications for the Wetlands Zoning Ordinance and the Coastal Primary Sand Dune Zoning Ordinance Item J 3 will be DEFERRED, BY CONSENT, until the City Council Session of February 5, 2002 Council Lady Parker will vote a Verbal Nay on Item J 4 Item J 5 will be DEFERRED, BY CONSENT, until the City Council Session of February 12, 2002 Item J 6 will be APPROVED, BY CONSENT, with additional conditions Council Lady Henley will ABSTAIN on Item J 6 Item J 8 will be DEFERRED, BY CONSENT, until the City Council Session of March 26, 2002 January 22, 2002 1 -10- CITY COUNCIL COMMENTS 4:45 P.M. ITEM # 49196 Mayor Oberndorf received news yesterday, January 21, 2002, at 6 00 P M from Robert Matthias, Assistant City Manager, concerning legislation being drafted by the General Assembly to add 1-1/2¢ to the sales tax. This addition would create funds necessary for the six (6) projects designated by the MPO at the Planning District Mayor Oberndorf inquired the reason increased gas taxes and tolls were not considered Mr Matthias advised Senator Martin E Williams (Newport News) had drafted this proposal to be presented to the public for Referendum Mayor Oberndorf inquired who will handle the funds i e will they be sent to Richmond and parceled out across the State or stay in a fund in this region? Mayor Oberndorf inquired whether those who serve on the Committee would be elected officials, thereby allowing each city to have their own funds, if they are not satisfied with the distribution Council Lady Henley expressed concern, as in the past, that the gasoline tax would be utilized for funding transportation Much of the funding of the sales tax is utilized for education If the sales tax is increased this much, this will close this door for utilizing this funding for other uses, particularly education People will accept transportation is a natural for an additional gas tax. Mayor Oberndorf advised this was an issue referenced at the Hampton Roads Partnership by Mayor Joe Frank of Newport News It was pointed out that the revenues generated by just the gasoline tax would not be sufficient to enable these larger projects to be built The understanding was between Northern Virginia and the Hampton Roads Region that the 1-1/2¢ addition to the sales tax would be distributed and utilized by the Commission The City Manager advised correspondence 15 being prepared relative the status Yesterday afternoon, the Caucus Meeting was held The Chief Administrative Officers of the region two years ago recommended to the MPO and the MPO and Planning District (HRPDC) eventually adopted a mixed funding approach utilizing gas tax, tolls and a smaller increase in the sales tax Apparently, many members of the General Assembly are opposed to tolls, particularly those going back on existing facilities, which have beenpaidfor "over and over again" This is where the push on the sales tax has resulted There is another bill introduced to increase the sales tax 1/2¢ for education Thus, there is an issue on the amount of capacity remaining on the sales tax and where the funds will be utilized The Northern Virginia initiative has two (2) different versions of the Bill, placing one-half of the funding into education and one-half into transportation The concern is relative the threshold on the sales tax 1-1/2¢ is a major increase The Williams Bill has not only a 1-1/2¢ on the sales tax, it has tolls on Southeastern Parkway and Route 460 The City Manager said this was insult to injury as Chesapeake and Virginia Beach are generating 46.3% of the sales tax in this region and would still have to pay tolls The City Manager requested Art Collins, Executive Director - Planning District Commission, to rerun the model in terms of the amount of financial capacity With a 1-1/2¢ on the sales tax, all the facilities can be built without tolls on Southeastern Parkway and Route 460 The policy issue concerning what the sales tax should be utilized for, the amount of increase and whether there should be an increase in the sales tax or any tolls is still a valid issue Mayor Oberndorf believes the City Council should take a position Council Lady McClanan believes there should be a better system of communication Lobbyists in Richmond are paid to represent the City Council Lady McClanan requested information relative the cost and the names of the Lobbyists the City is paying to follow the Committees Council Lady Wilson believes just centering on one area for funding is a "band aid" approach The JLARC study reflects the SOQ 's are a `joke" There was no quality in the funding given Schools Council Lady Wilson would support a Resolution for City Council Councilman Harrison referenced the Public/Private Transportation Act in Virginia utilized in Richmond and Fairfax for road transportation issues, which has been relying on tolls to finance privately issued revenue bonds Tolls in some form or fashion might be an important tool to preserve for the City's use for one or more of these projects If the City is in competition for funds, Councilman Harrison does not believe the Third Crossing is a good idea It is too expensive and there are other projects this Region needs ahead of the Third Crossing. Council Lady Eure serves on the Transportation Committee for the Virginia Municipal League In their legislative packet, they clearly desire dedicated funds from the gas tax for transportation and they did not wish to see it mixed with education The City Manager advised Councilman Branch this would be a region -wide Referendum The Mayor advised if any City in the region decides not to support the Referendum and all the other cities support it, the City that does not support it would be still financially responsible January 22, 2002 CITY COUNCIL COMMENTS ITEM # 49197 (Continued) The City Manager advised Robert Matthias is in Richmond attempting to implement the City's adopted Legislative Package He is in constant contact with the Manager There are a number of Bills introduced by the City's own delegation of which Mr Matthias was unaware Council Lady Henley was concerned relative maxing out the sales tax If the City has any input relative the Referendum question, she would prefer a user fee on the gasoline tax, and if necessary, tolls To place the entire increase on the sales tax would be a mistake The City Manager advised Joe Frank, Mayor of Newport News, went to Richmond yesterday and suggested the Referendum question be phrased relative options for all sales tax, or a mixture of gas tax, tolls and sales tax Apparently, this suggestion did not receive a favorable response If there is a consensus on City Council 's position, he will provide same today to Mr Matthias Council Lady Parker advised the Planning District Commission (HRPDC) discussed whether Transportation Commission might be in the Oversight Committee or whether it should remain at the local level Council Lady Parker said the PDC was suggested as it is made up of local officials Mayor Oberndorf advised Mr Matthias believes the Oversight Committee would be composed of elected officials from each locality with distribution according to population The City Manager advised the City is pushing for the Planning District Commissions to be the "manager" of the funds Councilman Harrison advised the City's seven (7) votes on the HRPDC are always outvoted Vice Mayor Sessoms stated the situation is very serious and there will not be sufficient funding for education if this method of taxing is utilized The City Manager advised Senator Williams of Newport News has two bills Delegate John A (Jack) Rollinson is pushing this in the North and has been trying to get a coalition between Northern Virginia and Hampton Roads The Mayor advised Delegate Rollinson is speaking to the Hampton Roads Partnership relative creating a fund for donations not from the Cities, but from each individual member of the Partnership Councilman Mandigo advised the Third Crossing is tied with high speed rail and the loop from the Peninsula and around to Route 460. This is extremely important to the City There should be a mix of gas, tolls and sales tax The sales tax is the most regressive of all the taxes Tolls on Route 168 in Chesapeake have been very successful Councilman Harrison advised Route 460 crosses the James and Elizabeth Rivers at their two narrowest points The Third Crossing crosses the Elizabeth River at the mouth of the Chesapeake Bay A light rail alternative involved with the Third Crossing is a very costly alternative The Route 460 Corridor is the gateway to the West Councilman Branch referenced the Tax Reform Committee which has been reviewing the tax system for two years Do we have any indication of Delegate Robert McDonnell 's Committee's preliminary recommendations 2 The City Manager advised the Committee is reviewing the utilization of the income tax, and eliminating some taxes i e BPOL, car tax Mayor Oberndorf advised some other states are going into software taxation and making $90 -MILLION a year Council Lady Wilson advised the Einstein Lab could be utilized for a teleconference The City Manager advised a written assessment can be provided Mayor Oberndorf suggested the fifth Tuesday, January 29, 2002, for a possible Work Session relative the status of the General Assembly concerning taxation and to provide our Delegates the preference of City Council January 22, 2002 -12 - CITY COUNCIL COMMENTS ITEM # 49198 Mayor Oberndorf referenced the plea of the Medical College of Hampton Roads (EVMS) for Virginia Beach to raise their donation to be more on a par with the host City of Norfolk The College provides exemplary service with the diabetes institute and innovative work relative breast cancer Mayor Oberndorf would be pleased to request the Dean to brief City Council during an Informal Session Vice Mayor Sessoms advised the City reduced the amount donated to the Medical College in the FY 2001- 2002 Operating Budget The College has endured $6 -MILLION worth of cutbacks Vice Mayor Sessoms endorses this regional project in the FY 2002-2003 Operating Budget The City has tremendously benefitted by this Medical School ITEM # 49199 Councilman Harrison referenced the Resolution for adoption of the Shore Drive Transportation Study, which was to be scheduled for today's City Council Session, January 22, 2002 Members of City Council have received correspondence from residents of the community with concern relative the recommendation of constructing the Lesner Bridge at 6 -lanes There is also mis-communication within the community that the Corridor Study recommends a certain alignment over another The Study simply recommends a 6 -lane bridge be constructed As Dean Block, Director of Public Works, pointed out in his presentation of January 8, 2002, Lesner Bridge is a 70 year asset and it would be short sighted to build something less than 6 -lanes At the last meeting, several members of the Shore Drive Advisory Committee believed the Shore Drive Transportation Study required voluntary guidelines for future development The Committee wished to provide a Briefing re these guidelines and receive comments from the building and realty community, as well as interested parties along the Corridor Council Members Harrison and Jones, Liaisons to the Shore Drive Advisory Committee, recommended waiting for adoption of the Study until both the Shore Drive Transportation Study and voluntary guidelines could be voted upon together during a March City Council Session. Mayor Oberndorf advised her staff had forwarded correspondence and this item would be scheduled in February The City Manager advised the citizens shall be advised these items will be scheduled in March January 22, 2002 Daily Press: 11/2 -cent tax hike may find its way to ballot p /oft Page 1 of 2 vi 0 1P) http //dailypress com/news/dp-salestaxjanl 1 story? coll=dp%2Dheadli nes%2Dtopnews 1% -cent tax hike may find its way to ballot Money would fund transportation projects if approved in referendum By Terry Scanlon Daily Press January 112002, 11.04 AM EST RICHMOND -- NEW Advocates for a transportation tax referendum in Hampton Roads are now considering a proposal that could lead to a 11/2 -cent sales tax increase. The proposal needs the approval of the General Assembly if it is to get on the ballot in November Supporters say voters should have the chance to decide whether they want to pay for better roads "It is now time to give citizens a chance to vote on transportation," said Buck Waters, a former Republican candidate for state senate who now heads the newly formed Virginians for Transportation Solutions "The right to vote and self determination is a fundamental underpinning of our democracy." State Sen Marty Williams, R -Newport News, plans to link the proposal with a similar plan for Northern Virginia that could lead to a half -cent sales tax increase "I'm not recommending a penny -and -a -half sales tax increase," Williams said "I'm recommending a referendum on a penny -and -a -half sales tax increase " But proposing a sales tax increase three times the size of the Northern Virginia proposal could run into resistance, especially in the House of Delegates Del. Harry R Purkey, R -Virginia Beach, supports a referendum, but two days ago he said he would not support anything larger than a penny sales tax hike The proposal would also include $1 50 tolls on two new roads - an interstate -like route 460 and the Southeastern Parkway connecting Virginia Beach and Chesapeake -- but not on any of the tunnels across Hampton Roads Williams had earlier floated the idea of tolls on the Hampton Roads Bridge Tunnel, the Monitor - Merrimac Memorial Bridge Tunnel and the new Third Crossing But outcry from area residents and other lawmakers prompted Williams to back off the idea Williams has struggled to come up with a proposal that would be supported by other lawmakers and the general public while still raising enough money to build the six major projects identified by the Metropolitan Planning Organization Williams also considered putting the gas tax on the ballot, but he said that's more difficult to sell to the public and lawmakers because to raise the equivalent of a 1 5 cent sales tax increase, the gas tax would have to go up 15 cents http //dailypress com/templates/misc/printstory jsp7slug=dp%2Dsalestaxjanl 1 1/11/2002 -13 - ITEM # 49200 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, January 22, 2002, at 5 26 PM Daily Press- 1'/2 -cent tax hike may find its way to ballot Page 2 of 2 "The political reality is that would not be an attractive option," Williams said. In addition to the Southeastern Parkway and route 460 upgrade, the other four major projects are the Third Crossing, widening Interstate 64, widening the Midtown Tunnel and some sort of light rail project Terry Scanlon can be reached at 897-2146 or by e-mail at tscanlon@dailypress com Copyright © 2002, Daily Press http //dailypress com/templates/misc/printstoryjsp"slug=dp%2Dsalestaxjanl l 1/11/2002 -14 - ITEM # 49201 Mayor Meyera E Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2 1-344(A), Code of Virginia, as amended, for the following purpose PERSONNEL MATTERS Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2 1-344 (A) (1) To Wit Appointments Boards and Commissions Development Authority PUBLICLY -HELD PROPERTY Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly -held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2 1-344(A)(3) 31' Street Project LEGAL MATTERS Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2 1-344(A) (7) 3st Street Project Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council voted to proceed into CLOSED SESSION. Voting 10-0 Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Absent William W Harrison, Jr Council Lady Wilson was absent during the discussion of 31St Street Council Lady Wilson DISCLOSED and ABSTAINED as her husband is a principal in the accounting firm of Goodman and Company and earns compensation which exceeds $10,000 00 annually Goodman and Company has provided accounting and tax services related to the proposal before City Council The City Attorney has advised that she is required to disclose any personal interest as it meets the criteria of a personal interest in the transaction under the Conflict of Interests Act and is disqualified from participating in this transaction Council Lady Wilson's letter of April 24, 2001, is hereby made a part of the record (Time of Closed Session: 5:26 P.M. to 6:20 P.M.) January 22, 2002 1 -15- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 22, 2002 6:20P.M. Vice Mayor William D Sessoms, Jr , presiding in the absence of Mayor Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 22, 2002, at 6 20 P M Council Members Present Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Absent Mayor Meyera E Obendorf INVOCATION Chaplian Hosea Abdul Salaam Naval Air Station [Mayor left to participate in the Winter Meeting of the United States Conference of Mayors in Washington, D C and New York City (approximately 300 Mayors will participate) PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank, DISCLOSED and ABSTAINED on Item J 9 (Landfill Gas) There were no other matters on the agenda in which he has a 'personal interest', as defined in the Act, either individually or in his capacity as an officer of Wachovia Bank which recently merged with First Union National Bank The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any application that may come before City Council Vice Mayor Sessoms' letter is hereby made a part of the record January 22, 2002 1 -16- Item V -E CERTIFICATION OF CLOSED SESSION ITEM # 49202 Upon motion by Councilman Branch, seconded by Councilman Mandigo, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies, AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council Voting 9-0 Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker and Vice Mayor William D Sessoms, Jr Council Members Voting Nay None Council Members Abstaining Rosemary Wilson Council Members Absent Mayor Meyera E Oberndorf Council Lady Wilson ABSTAINED as she as not in attendance during the Closed Session January 22, 2002 1 Kitwtutian 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 #49201, page 14, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2 2-3711(A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. uth Hodges Smith, MMC City Clerk January 22, 2002 1 Item V -F.1. MINUTES - 17 - ITEM # 49203 Upon motion by Council Lady Eure, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of January 8, 2002. The City Clerk noted a Verbal Nay Vote for Vice Mayor Sessoms on Item #49156, page 35, which has been distributed. Voting 10-0 Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Absent Mayor Meyera E Oberndorf January 22, 2002 -18 - Item V -G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 49204 BY CONSENSUS, Cary Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 22, 2002 1 Item V -G.2. MAYOR'S PRESENTATION - 19 - ITEM # 49205 Vice Mayor Sessoms recognized the following Boy Scouts in attendance to earn their merit badge TROOP 12 Sponsored by Providence Presbyterian Church in Kempsville Leaders John Harrison Mike O'Brien Don Seybold Mark Zito Nathan Brunell Will Divers James Grillo Bryan Hakey Peter Harrison Ian Johnson Christopher Lamb David Lamb Greg Lennon Peter Mates Ted Mattes James Murla Brian Nuskiewicz Tim O'Brien Zachary Payne Brayton Price Tim Seybold Logan Spear Troy Tate January 22, 2002 1 Item V -G.2. MAYOR'S PRESENTATION -20- ITEM # 49206 Vice Mayor Sessoms recognized the Eighth Grade Class (40 students): KEMPS LANDING MAGNET SCHOOL The Class is studying Municipal Government and will receive credit for their attendance January 22, 2002 1 -21- Item V -H 1 MAYOR'S PRESENTATION ITEM # 49207 Vice Mayor Sessoms read the Mayor's Proclamation PROCLAIMING January 22, 2002 Virginia Beach Mustangs Day In their fist season of Pop Warner football, the Virginia Beach Mustangs won the Division 1 Junior Midget National Championship on December 8, 2001, completing a 14-0 Season in which they outscored opponents and recorded nine shutouts The 2001 Virginia Beach Mustangs team is composed of 24 adolescents, who maintained a praiseworthy team grade point average of 3 4 during the season and four volunteer coaches The Mustangs are composed of Ryan D Atkinson, Tajh K Boyd, Kevin M Crowley, Isaac J Franklin, Remo M Gay II, Ian T Gibson, Jovan M Hall, William P Harvin III, Travis D Hayes, Trenton H Hughes, Uriah L Jackson, Jesse D I Jenkins, Calvin J Johnson III, Richard J Kresinske II, Terrance J C Little, Nicholas D Mayers Jr, Joshua M Proctor, Jovan A Rembert, James A Taylor, Gerald J Wells, Corey G Wert, Travis C Wian, Michael S Yankanwich, Brantley C Zachory, and, Coaches Sid Pearl, Bruce Pearl, Keith Pearl and Don Phillips This was Coach Sid Pearl 's 36th consecutive year of coaching the City, of which 35 was for the Woodstock Mustangs His two sons are also assisting Coaches January 22, 2002 1 - 22 - Item V -I. RESOLUTIONS/ORDINANCES ITEM # 49208 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council APPROVED IN ONE MOTION, Resolutions/Ordinances 1, 2a (DEFERRED), 2b, 3, 4, 5, 6, 7, 8, 9 and 10 of the CONSENT AGENDA. Item 2b will be DEFERRED INDEFINITELY, BY CONSENT Voting • 10-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Absent Mayor Meyera E Oberndorf Vice Mayor Sessoms ABSTAINED on 19 (Landfill Gas sale Agreement) Council Ladies McClanan and Parker voted a VERBAL NAY on Item 2 b (Beth Sholom Terrace) January 22, 2002 1 - 23 - Item V -I.1. RESOLUTIONS/ORDINANCES ITEM # 49209 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council ADOPTED: Resolution re issuance of the Development Authority's Multi -Family Residential Rental Housing Refunding Revenue Bonds Silver Hill Mill Dam Associates Limited Partnership Not to exceed 1537 Mill Dam Road $2,200,000 (L YNNHA VEN - DISTRICT 5) Voting 10-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Absent Mayor Meyera E Oberndorf January 22, 2002 1 - 24 - Item V -I.2. a. RESOLUTIONS/ORDINANCES ITEM # 49210 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council DEFERRED INDEFINITELY: Resolution re legislation to designate the following benevolent corporations TAX EXEMPT re all state and local real estate and personal property: a American Environment Foundation Voting 10-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Absent Mayor Meyera E Oberndorf January 22, 2002 RESOLUTION APPROVING THE ISSUANCE OF REVENUE BONDS FOR SILVER HILL MILL DAM ASSOCIATES LIMITED PARTNERSHIP WHEREAS, the City of Virginia Beach Development Authority (the "Authority') has held a public hearing on December 18, 2001 with respect to the application of Silver Hill Mill Dam Associates Limited Partnership (formerly known as Silver Hill Mill Dam Associates) (the "Company") for the issuance of the Authority's Multi -Family Residential Rental Housing Refunding Revenue Bonds in an amount not to exceed $2,000,000 (the "Bonds") to assist the Company in (A) refinancing the outstanding principal balance of the Authonty's $2,150,000 Multi -Family Residential Rental Housing Revenue Bonds (Silver Hill Mill Dam Associates Project), Senes 1992 issued for the benefit of the Company to assist in financing (a) the acquisition of a 2.37 ± acre parcel of land located at 1537 Mill Dam Road, Virginia Beach, Virginia; and (b) the construction, development and equipping on such land of a 122 -unit apartment facility for elderly and handicapped residents, and (B) financing the costs of issuing the Bonds (collectively, the "Project"); and WHEREAS, the Internal Revenue Code of 1986, as amended (the "Tax Code"), provides that the highest elected governmental officials of the governmental units having junsdiction over the issue of private activity bonds and over the area in which any facility financed with the proceeds of pnvate activity bonds is located shall approve the issuance of such bonds; and WHEREAS, the Authonty issues its bonds on behalf of the City of Virginia Beach, Virginia (the "City"), the Project is located in the City and the members of the City Council of the City (the "Council") constitute the highest elected governmental officials of the City; and 1 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 heanng with respect to industrial development revenue bonds either approve or disapprove the issuance of such bonds; 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 prescnbed by Section 15.2-4907 of the Virginia Code have been filed with the Council, together with the Authonty'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 Project for the benefit of the Company to the extent of and as required by Section 147(0(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 2 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 liability 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. 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Ju lJ \ .� ( �'i, " �qQ �`%�p0 i/ P1��9 I�(' D_ �J� -- a f o .- d Ia ��Fco Z%9 . j9; sir . / �� Z >\�KE51D9 ty 3 DRNL '�� k[ A') � S r o Sh •• II 3IIt� T• - g'_i- I COOPER SHLEY _ (6s--00-04-0-7115:6-0. l200 ' WOOpHOUSE 1 If SKI (Oftfl ((iVC Cape Henry • � Collegiate ,o(�� l�`=�� 0( 3 I RD �- � C/l- 1�BRAND, :4o 5 �i)�� e : #. o I -Jitp'C.) a `F� --k, \o #, ./.2-' 1v .°pp r f( N \0 10700 z I `? d31• � \. � i H�� 3gt 1 I�REAT -r="" Ilf i C(TI (•I`t 1711f '_-/� - _ IL D_IT_CH Il_` W L Y =�_�� sr j (WIND iff-_st ` _RD if fB/1YC0 r �11 ON11I �fT ----1_;,__n% _ \1 76°03 00 16'02 15 7 720 00,M Joins Map 224 76°01'30 LOCATION MAP 16°0045 11 6ALEXANDRIA DRAFTING t VA bRID 2 730 000 FT 1 76 01 Applicant: Silver Hill Mill Dam Limited Partnership 244 Mustang Trail, Suite 6, Virginia Beach, VA 23452 Project: Refinance outstanding bonds on a 124 -unit apartment facility for elderly and handicapped residents. Bonds: Not to exceed $2,000,000 LESLIE L LILLEY CITY ATTORNEY City of Virginia 1 3eacla December 18, 2001 The Honorable Meyera E Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH VA 23456 9004 (757) 427-4531 FAX (757) 426-5687 TDD (757) 427-4305 Re Silver Hill Mill Dain Associates Limited Partnership Refinance outstanding bonds on a 124 -unit apartment facility for elderly and handicapped residents (not to exceed $2,000,000) Dear Mayor Oberndorf and Members of City Council We submit the following in connection with the Silver Hill Mill Dam Associates Limited Partnership project located at 1537 Mill Dam Road in Virginia Beach, Virginia. (1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Author ity") iesolution recommending Council's approval is attached as Exhibit C (2) The Disclosure Statement is attached as Exhibit D (3) The statement of the Authority's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that City Council approve the modification of the bonds described above is attached as Exhibit E Proud Recipient of the 1998 U S Senate Medallion of Excellence for Productivity and Quality in the Public Sector. The Honorable Meyera E. Oberndorf, Mayor Members of City Council December 18, 2001 Page 2 (4) The Fiscal Impact Statement is attached as Exhibit F. (5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying the Project and the principals. (6) Attached as Exhibit H is a letter from the appropriate City department commenting on the Project. RGJ/GLF/rab Enclosures THE VIRGINIAN -PILOT VIRGINIA a 0 w ad 0 z AFFIDAVIT OF PUBLICATION Virginian -Pilot i 1 1 I + I 1 I 1 1 1 1 a4 a4 0 A tzi N u w a Z C./). H a a H ONE COLUMBUS CENTER N W V M N 4 w al 4 NOTICE OF PUBLIC HEA 1135940 a) 1.) co 1 a) a) $-1 r 1 0 0 W al 4°1 a � 6 0 a) 1 rt - ° J -J d a) A rd J U O 0� m o 4 z a) 0 ) _ Cr0 ai illo aa) ° v 1. 0 -) a) A a d u �r PO a) a) ao ; 0 4)1J a us ae a (0 0 m a) r) JJ a) N •, 'd .� rd ro ,--1.14 tP a1 u) a) ra 4a o /-+ 0 0 0 ra 44.d iJ 1J a $4 > k b s ani 0 aa)Az '�b m LL U) H 44 ra b ra U 'd O 0 0 00 4a •( u)b4--1A to A 01 0 H 44 p, U ai E- • o A A ro a) 4-) a) N a, 4) z G) rrt o ra G 0 4 4-), -1-1 0) q W4-1 ra O b4-, a) u) p, .� •d v b p 7, u) rt vA) a) U) r�r O A cv) 0 E -H ra r -i al H u 3 u u) N1 T TfTTHXI :PUBLISHED ON: 12/04 TOTAL COST: FILED ON: Legal Affiant: 276 36 12/07/01 n. AD SPACE: 84 LINE J and state on the dayand year Subscri • - d and sworn to be�for � J` in my city afore -aid his � 1 day of C %(^eauk, Notary: mmission expires January 31, 2004 EXHIBIT A NOTICE OF PUBLIC HEARING ON PROPOSED MULTI -FAMILY RESIDENTIAL RENTAL HOUSING REFUNDING REVENUE BOND FINANCING OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Notice is hereby given that the City of Virginia Beach Development Authority (the "Authonty"), whose address is Suite 300, One Columbus Center, Virginia Beach, Virginia, will hold a public heanng at 8:00 a.m. on Tuesday, December 18, 2001, on the application and plan of financing of Silver Hill Mill Dam Limited Partnership (formerly known as Silver Hill Mill Dam Associates), whose principal place of business is 244 Mustang Trail, Suite 6, Virginia Beach, Virginia 23452 (the "Company"), for the issuance of the Authonty's Multi -Family Residential Rental Housing Refunding Bonds (the "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 $2,000,000 to assist the Company as follows- (A) refinancing the outstanding principal balance of the Authority's $2,150,000 Multi -Family Residential Rental Housing Revenue Bonds (Silver Hill Mill Dam Associates Project), Senes 1992 issued for the benefit of the Company to assist in financing (a) the acquisition of a 2.37 ± acre parcel of land located at 1537 Mill Dam Road, Virginia Beach, Virginia; and (b) the construction, development and equipping on such land of a 124 -unit apartment facility for elderly and handicapped residents; and (B) financing the costs of issuing the Bonds (collectively, the "Project") All facilities compnsing the Project are located on the Company's property at 1537 Mill Dam Road, Virginia Beach, Virginia 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 1 denved from the Company and pledges of those revenues Any persons interested in the issuance of the Bonds or the location or nature of the Project may appear and be heard A copy of the Company's application is on file and is open for inspection at the Authonty's office during business hours. City of Virginia Beach Development Authonty #321679 vl - Notice of Public Hearing-SHMD 2 EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING ON DECEMBER 18, 2001 (Silver Hill Mill Dam Associates Limited Partnership Project) The Chair of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public heanng on the request of Silver Hill Mill Dam Associates Limited Partnership (the "Company"), and that a Notice of the Hearing was published once a week for two consecutive weeks in The Virginian -Pilot, a newspaper having general circulation in the City of Virginia Beach, Virginia (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 Virginian -Pilot. 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 public hearing: C. Grigsby Scifres, an attorney with Williams Mullen, appeared on behalf of the Company. 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 Company in (A) refinancing the outstanding pnncipal balance of the Authority's $2,150,000 Multi -Family Residential Rental Housing Revenue Bonds (Silver Hill Mill Dam Associates Project), Senes 1992 issued for the benefit of the Company to assist in financing (a) the acquisition of a 2.37 ± acre parcel of land located at 1537 Mill Dam Road, Virginia Beach, Virginia; and (b) the construction, development and equipping on such land of a 122 -unit apartment Project for elderly and handicapped residents; and (B) financing the costs of issuing the Bonds (collectively, the "Project"). Mr. Scifres explained that this financing is intended to refinance the outstanding principal balance of the Authority's bonds issued in 1992 in the original pnncipal amount of $2,150,000. The Project contains 122 apartment units and the residents are limited to elderly and handicapped persons. The Project meets a need in the City of Virginia Beach to provide affordable housing for elderly and handicapped citizens of low and moderate income. Richard M. Waltzer, a principal of the Company, also appeared and made brief comments further outlining 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 Virginia Beach, Virginia approve the issuance of up to $2,000,000 of multi -family residential rental housing refunding revenue bonds in support of the proposed refinancing and hereby transmits the Fiscal Impact Statement to the City Council of the City of Virginia Beach and asks that this recommendation be received at its next regular meeting at which this matter can be properly placed on the Council's agenda for hearing. #324827 vl - Authonty-record of pub hrg 1 • EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, in the City of Virginia Beach, Virginia ("City"), there is a significant shortage of affordable, sanitary and safe residential rental housing property for elderly individuals and families, including those of low or moderate income; and WHEREAS, the provision of financing of affordable, sanitary and safe residential rental housing property in the City for elderly individuals and families, including those elderly individuals and families of low and moderate income, will be in the public interest and will benefit the inhabitants of the City and the Commonwealth of Virginia ("Commonwealth") through the promotion of their safety, health, welfare, convenience and prosperity; and WHEREAS, private enterprise has been unable, without assistance, to plan, acquire, develop, construct, repair, rehabilitate or maintain adequate affordable housing or provide significant long-term mortgage financing for such projects, and WHEREAS, the availability to private developers of below-market interest rate loans is necessary to promote and assist the planning, acquisition, development, construction, rehabilitation, repair and/or maintenance of such projects; and WHEREAS, representatives of Silver Hill Mill Dam Associates Limited Partnership (formerly known as Silver Hill Mill Dam Associates) (the "Company"), have applied to the City of Virginia Beach Development Authonty ("Authonty") for assistance in (A) refinancing the outstanding pnncipal balance of the Authority's $2,150,000 Multi -Family Residential Rental Housing Revenue Bonds (Silver Hill Mill Dam Associates Project), Series 1992 issued for the benefit of the Company to assist in financing (a) the acquisition of a 2.37 ± acre parcel of land located at 1537 Mill Dam Road, Virginia Beach, Virginia, and (b) the construction, development 1 and equipping on such land of a 122 -unit apartment Project for elderly and handicapped residents; and (B) financing the costs of issuing the Bonds (collectively, the "Project"), and WHEREAS the Company in its appearance before the Authority and in its application has described the benefits to the City and has requested the Authonty to issue its multi -family residential rental housing refunding revenue bonds under 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 $2,000,000 (the "Bonds") to finance the costs of the Project; and WHEREAS, a public heanng has been held as required by § 147(0 of the Internal Revenue Code of 1986, as amended, and by § 15.2-4906 of the Code of Virginia of 1950 as amended, on December 18, 2001; and WHEREAS, the Authonty was created to serve certain purposes, among which are those of promoting the safety, health, welfare, convenience and prospenty of inhabitants of the City and the Commonwealth by assisting in the planning, development, acquisition, construction, repair or rehabilitation of affordable, sanitary and safe facilities used primanly for multi -family residences NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY. 1. The Authonty finds that (i) there is a significant shortage of affordable, sanitary and safe residential rental housing facilities in the City for elderly individuals and families, including those elderly individuals and families of low and moderate income, (ii) the provision of financing of such facilities by the Authonty will be in the public interest and will benefit the inhabitants of the City and the Commonwealth through the promotion of their safety, health, welfare, convenience or prospenty, and (iii) the issuance of the Bonds will be consistent with the purposes of the Act and 1 the powers of the Authority. 2. To assist the Company with respect to the Project, the Authonty agrees to undertake the issuance of its multi -family residential rental housing refunding revenue bonds in an amount not to exceed $2,000,000 on terms and conditions to be mutually agreed on between the Authonty and the Company The proceeds from the sale of the Bonds will be loaned by the Authority to the Company pursuant to a loan agreement and related documents which will provide payments to the Authonty sufficient to pay the pnncipal of and premium, if any, and interest on the Bonds and to pay all other expenses in connection with the maintenance of the Project. 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, an assignment, for the benefit of the holders of the Bonds, of the Authority's nghts to payments under such loan agreement and may be additionally secured by a deed of trust and assignment of leases on the Project 3. It having been represented to the Authority that it is necessary to proceed immediately with the refinancing of the Project, the Authonty hereby agrees that the Company may proceed with refinancing plans for the Project and take such other steps as it may deem appropnate in connection therewith, provided that nothing herein shall be deemed to authonze 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 Project. The Authonty agrees that the Company may be reimbursed from the proceeds of the Bonds for all lawful costs so incurred by it. 4 The Authonty hereby agrees to the recommendation of the Company that Williams, Mullen, Clark & Dobbins, P.0 , Virginia Beach, Virginia, be appointed as bond counsel and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds 5. The Authonty hereby agrees, if requested, to accept the recommendation of the Company with respect to the appointment of a placement agent or underwnter 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 refinancing of the Project, including the fees and expenses of the Authority, counsel for the Authority, bond counsel and the placement agent or underwnter for the sale of the Bonds and the remarketing agent for the remarketing of the Bonds, shall be paid from the proceeds of the Bonds or by the Company. If for any 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 is understood that all such expenses shall be paid by the Company and that the Authonty shall have no responsibility therefore 7. In 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 § 103 and §§ 141-150 of the Internal Revenue Code of 1986, as amended, including § 1.150-2 of such regulations. 8. The Authonty hereby recommends that the City Council of the City (the "Council") approve the issuance of the Bonds and hereby directs the Chairman or Vice -Chairman to submit to the Council the statement in the form prescnbed by § 15 2-4907 of the Act, a reasonably detailed summary of the comments expressed at the public heanng required by § 15.2-4906 of the Act, and a copy of this Resolution. 9 This Resolution will take effect immediately on its adoption. The undersigned hereby certifies that the above Resolution was duly adopted by the Commissioners of the City of Virginia Beach Development Authonty at a meeting duly called and held on December 18, 2001, and that such Resolution is in full force and effect on the date hereof Date: December 18, 2001 �- a -Kt Secretary, City of VirginiMeach Development Authonty [AFFIX SEAL] #323854 v - Resolution-Authonty Inducement 686240 0007 1 Applicant. All Owners (if different from Applicant): Type of Application: EXHIBIT D DISCLOSURE STATEMENT Date: December 3, 2001 SILVER HILL MILL DAM ASSOCIATES LIMITED PARTNERSHIP None Resolution approving the issuance of up to $2,000,000 of multi -family residential rental refunding revenue bonds to assist Applicant as follows: (A) refinancing the outstanding principal balance of the Authonty's $2,150,000 Multi -Family Residential Rental Housing Revenue Bonds (Silver Hill Mill Dam Associates Project), Series 1992 issued for the benefit of the Company to assist in financing (a) the acquisition of a 2.37 ± acre parcel of land located at 1537 Mill Dam Road, Virginia Beach, Virginia; and (b) the construction, development and equipping on such land of a 124 -unit apartment facility for elderly and handicapped residents; and (B) financing the costs of issuing the Bonds (collectively, the "Project"). 1. The Applicant is a Virginia limited partnership. See attached Exhibit A for a description of the general and limited partners of the Applicant. 2. The Applicant is the owner of the Project. SILVER HILL MILL DAM ASSOCIATES LIMITED PARTNERSHIP By• SILVER HILL L L.C., a Virginia limited liability company, its operating genera partner By AeC./ Richard " V`jaitzer, Member 1 EXHIBIT A Silver Hill Mill Dam Associates Limited Partnership Identification of Partners 1. The operating general partner is Silver Hill L.L.0 , a Virginia limited liability company. The members of this limited liability company are Richard M. Waltzer, Edwin S. Waltzer, Scott D Waltzer and Bradley J. Waltzer 2. The administrative general partner is National Corporate Tax Credit, Inc. II 3. The sole limited partner is National Corporate Tax Credit Fund II. #323418 v - DISCLOSURE STATEMENT -silver hill 2 VIItGINIA FCH EXHIBIT E Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Website www vrginia-beach.va us/deptiecondev E-mail ecdev@city virginia-beach va.us CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY MULTI -FAMILY RESIDENTIAL RENTAL REFUNDING REVENUE BONDS (SILVER HILL MILL DAM ASSOCIATES LIMITED PARTNERSHIP PROJECT) SERIES 2002 The Development Authority recommends approval of the above -referenced financing. The benefits of the Project to the City include providing affordable, sanitary and safe residential rental housing facilities in the City of Virginia Beach for elderly and handicapped residents, including those elderly and handicapped individuals of low and moderate income, and some increased employment and increased purchases of goods, services and equipment in the City of Virginia Beach. #324823 vl - Authonty's statement -rev bonds DATE. TO: APPLICANT: EXHIBIT F FISCAL IMPACT STATEMENT December 18, 2001 City Council of the City of Virginia Beach, Virginia Silver Hill Mill Dam Limited Partnership TYPE OF FACILITY: 122 Apartment Units for the Elderly and Handicapped (Note the project is already Constructed) 1. Maximum amount of financing sought 2. Taxable value of the facility's real property constructed in the municipality '3. Current real property tax per year using present tax rates 4. Personal property tax per year using present tax rates 5. Merchant's capital (business license) tax per year using present tax rates 6. (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 7. Number of regular Employees on year round basis 8. Average annual salary per employee $2,000,000 00 $4,162,400.00 $ 50,781.28 $ 560.00 $ N/A $19,500.00 $ 5,000.00 $11,000.00 $ 5,000.00 1 full time employee, 4 part time employees $ 18,000.00 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By. #321597 v2 - Fiscal Impact Stmt -Mill Dam -2001 1 EXHIBIT G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1 PROJECT NAME. 2 LOCATION Silver Hill Apartments 1537 Mill Dam Road 3 DESCRIPTION OF PROTECT 124 apartments for the elderly and 4 5 PRINCIPALS handicapped AMOUNT OF BOND ISSUE $ 2,000,000.00 6 ZONING CLASSIFICATION a Present zoning classification of the Property b Is rezoning proposed? c If so, to what zoning classification'? Silver Hill Mill Dam Associates Limited Partnership Operating General Partner: Silver Hill L.L.C. Administrative General Partner: National Corporate Tax Credit, Inc. 11 Limited Partner: National Corporate Tax Credit Fund R-10 with Conditional Use Permit Yes No x N/A NOTE THIS DOCUMENT MUST BE ON 8-1/2 x 14 INCH PLAIN BOND PAPER DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION (757) 426 5750 FAX (757) 426 5766 TDD (757) 426 5794 CODE ENFORCEMENT DIVISION (757) 427 4421 December 17, 2001 EXHIBIT H City of Vir- g i Chairman, Virginia Beach, Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 FAX# 499-9894 Gary Fentress, Esq. Office of the City Attorney Municipal Center FAX# 563-1167 RE: Evaluation of Public Benefit Silver Hill Mill Dam Associates Limited Partnership Multi -Fancily Rental Housing Bond Application Located at: 1537 Mill Dam Road 122 unit low income elderly housing VBDA Agenda December 18, 2001 JjJji jrif CITY ATTORNEY IN1.83tA 0 1 MUNICIPAL CENTER BUILDING 18A 2424 COURTHOUSE DRIVE VIRGINIA BEACH VA 23456 9083 I have reviewed the information provided regarding the above referenced project In my opinion a public benefit is achieved by this facility providing affordable housing for low income elderly. Please let me know if you need anything further regarding this issue Thank you. Sincerely, Andrew, INU `Friedmat Director `/ Proud Recipient of the 1998 U S Senate Medallion of Excellence for Productivity and Quality in the Public Sector. 1 - 25 - Item V I.2. b. RESOLUTIONS/ORDINANCES ITEM # 49211 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council ADOPTED: Resolution re legislation to designate the following benevolent corporations TAX EXEMPT re all state and local real estate and personal property: b Beth Sholom Terrace Voting 8-2 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Robert C Mandigo, Jr , Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay Reba S McClanan and Nancy K Parker Council Members Absent Mayor Meyera E Oberndorf January 22, 2002 1 A RESOLUTION SUPPORTING LEGISLATION 2 WHICH WILL DESIGNATE REAL AND 3 PERSONAL PROPERTY OWNED BY BETH 4 SHOLOM TERRACE AS BEING EXEMPT FROM 5 STATE AND LOCAL REAL AND PERSONAL 6 PROPERTY TAXATION 7 WHEREAS, Beth Sholom Terrace has requested that the 8 Council of the City of Virginia Beach adopt a resolution in 9 support of its request that the General Assembly act in 10 accordance with Article X, § 6(a)(6) of the Constitution of 11 Virginia to designate the real and personal property of Beth 12 Sholom Terrace as being exempt from local real and personal 13 property taxation; 14 WHEREAS, Beth Sholom Terrace currently owns no real 15 property located in the City of Virginia Beach (the "City"); 16 however, it expects to receive real property with an approximate 17 assessed value of $4,493,850 in tax year 2001-02, and taxes on 18 this property in tax year 2001-02 would be $60,314.97; 19 WHEREAS, Beth Sholom Terrace owns no tangible personal 20 property located in the City; however, it expects to acquire 21 personal property with an approximate assessed value of $160,000, 22 and taxes on this property would be $5,920 in tax year 2002; 23 WHEREAS, pursuant to § 30-19.04(B) of the Code of 24 Virginia, the Council of the City of Virginia Beach has properly 25 advertised and conducted a public hearing prior to the adoption 26 of this resolution, giving all citizens an opportunity to be 27 heard; 28 WHEREAS, the provisions of § 30-19.04(B) of the Code of 29 Virginia have been examined and considered by the Council of the 30 City of Virginia Beach; and 31 WHEREAS, the Council of the City of Virginia Beach is 32 of the opinion that Beth Sholom Terrace should be designated as 33 a benevolent organization within the context of § 6(a) (6) of 34 Article X of the Constitution of Virginia and that real and 35 personal property located in the City of Virginia Beach owned by 36 Beth Sholom Terrace and used by it exclusively for benevolent 37 purposes on a nonprofit basis should be exempt from local real 38 and personal property taxation. 39 NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE 40 CITY OF VIRGINIA BEACH, VIRGINIA: 41 1. That the Council of the City of Virginia Beach, 42 Virginia hereby supports the enactment of legislation designating 43 Beth Sholom Terrace, as a benevolent organization within the 44 context of § 6(a)(6) of Article X of the Constitution of 45 Virginia, and exempting from local property taxation all real and 46 personal property owned by Beth Sholom Terrace that is located 47 within the City of Virginia Beach and used exclusively for 48 benevolent purposes on a nonprofit basis. 49 2. That the Council of the City of Virginia Beach 50 supports a January 1, 2002 effective date for legislation 51 exempting Beth Sholom Terrace from local property taxation. 52 Adopted by the Council of the City of Virginia Beach, 53 Virginia, on the 22nd day of January I 2002. CA8356 Ordin\NONCODE\BethSholomTer.res.wpd December 26, 2001 R2 APPROVED AS TO LEGAL SUFFICIENCY: /4 City Attorney' st Office 2 1 - 26 - Item V -I.3. RESOLUTIONS/ORDINANCES ITEM # 49212 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council ADOPTED: Resolution re endorsement of Federal Transportation Enhancement Funds for the Ferry Plantation House Restoration—Phase I, Pungo Ferry Landing property acquisition for public use, Providence Road Trail, Nimmo Parkway Trail extension, and First Colonial Road Trail The followingshall be removed from the Application Summary for Virginia Transportation Enhancement Program and noted in the fourth paragraph: "The local chapter of the American Institute of Architects has subleased a room in the historic building " The American Institute of Architects did sublease a room for a year and `half, but are no longer there Voting 10-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Absent Mayor Meyera E Oberndorf January 22, 2002 1 RESOLUTION OF ENDORSEMENT TO THE COMMONWEALTH 2 TRANSPORTATION BOARD FOR THE FERRY PLANTATION 3 HOUSE RESTORATION (PHASE I), THE PUNGO FERRY 4 LANDING PROPERTY ACQUISITION FOR PUBLIC USE, 5 THE PROVIDENCE ROAD TRAIL, NIMMO PARKWAY TRAIL 6 EXTENSION, AND FIRST COLONIAL ROAD TRAIL AS 7 PROPOSED TRANSPORTATION ENHANCEMENT PROJECTS 8 WHEREAS, the Virginia Department of Transportation, along 9 with the Virginia Department of Rail and Public Transportation and 10 the Federal Highway Administration, has announced the availability 11 of Transportation Enhancement Funds for qualified projects; 12 WHEREAS, approximately Nineteen Million Dollars ($19 13 Million) may be available to Virginia localities for transportation 14 enhancement projects during the 2002-2003 Fiscal Year; 15 WHEREAS, the City Council has been advised that projects 16 funded by this program require a local match, either in-kind or 17 cash, of twenty percent (20%); 18 WHEREAS, the City Council has been further advised and 19 acknowledges that in the event the City elects to cancel a project 20 funded by this program prior to its completion, the City shall be 21 required to reimburse the Virginia Department of Transportation for 22 funds expended for such project; 23 WHEREAS, the Metropolitan Planning Organization has 24 endorsed the City's proposed transportation enhancement projects; 25 WHEREAS, in accordance with Commonwealth Transportation 26 Board construction allocation procedures, a resolution of 27 endorsement must be received from the City Council before the 28 Virginia Department of Transportation will program an enhancement 29 project in the applicant's locality; and 30 WHEREAS, the City Council recognizes the importance of 31 transportation enhancement projects as a way of integrating 32 transportation into our community and natural environment. 33 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA: 35 That the Council hereby endorses to the Commonwealth 36 Transportation Board the Ferry Plantation House Restoration (Phase 37 I), the Pungo Ferry Landing Property Acquisition for Public Use, 38 the Providence Road Trail, the Nimmo Parkway Trail Extension, and 39 the First Colonial Road Trail as proposed transportation 40 enhancement projects. 41 ADOPTED by the Council of the City of Virginia Beach, 42 Virginia, this 22nd day of January , 2002. CA -8374 Noncode/2002 Enhancement Grant.Res January 10, 2002 R1 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: 013 ku-o,, Adi N. lVaedi PlanninDepartment C' Attorney's Office 1 APPLICATION SUMMARY FOR VIRGINIA TRANSPORTATION ENHANCEMENT PROGRAM TITLE: FERRY PLANTATION HOUSE RESTORATION, PHASE I LOCATION: CITY OF VIRGINIA BEACH, 4136 CHESWICK LANE On the west side of the western branch of the Lynnhaven River (east of Independence Boulevard, north of Pembroke Boulevard) Located in the City of Virginia Beach, Ferry Plantation was once an integral part of the colonial and post -colonial transportation system when a ferry operated to carry people and goods across the western branch of the Lynnhaven River. The property is located on the Bayside History Trail, a driving, walking, and biking trail that has already received an Award for Excellence by the Learning Resources Network. This trail will be used as a model for future history trails. Ferry Plantation House will educate people about the history of the area, including transportation systems that were used on the important waterways of Virginia. The house, built circa 1830, is one of the few remaining examples of Federal period architecture remaining in the Tidewater area of Virginia. The site held the first brick courthouse for Princess Anne County, the ferry landing, a post -office, a tavern, a jail, and the manor house. The plantation site was the source of one of the most significant, intact, 18t century collections unearthed by the Colonial Williamsburg Foundation's Archaeology Department. However, after being left vacant for over ten years, vandalized, and neglected, the property suffered severe damage and is the only historic property located on the Bayside History Trail that is not regularly open to the public. Ferry Plantation House is now owned by the City of Virginia Beach and leased to the Friends of the Ferry Plantation House (FOFPH) to oversee the restoration and rehabilitation. Using as a basis for funding a $68,500 appropriation from the City, FOFPH has leveraged the initial funding with fund-raising and in-kind donations to do much of what was recommended in an initial architectural review as Phase I to stabilize the house. In-kind donations and fund-raising efforts have augmented the initial funding through partnering with professional organizations, individuals, and community groups. For a short time, the local chapter of the American Institute of Architects temporarily subleased a room in the historic building. This eliminated the problems inherent in a vacant building while providing a source of income and technical expertise for the project. An Architectural Advisory Board was formed in 1990 to further provide gratis, expert advice on the historical restoration of the property. Funds are requested to complete Phase I for those specialized areas where expertise is required which precludes donations of services, specifically, stabilizing the existing fragile, original brick exterior which was protected by stucco until it was removed by a developer in 1989. Also, the house, including a bathroom, must be made handicapped accessible, and electrical and structural upgrades completed. The estimated cost for this phase of the project is $145,000, non-federal participation will be $30,000 and requested funding through the Virginia Transportation Enhancement Program is $115,000. We believe the project meets ten of the twelve enhancement criteria. Upon completion of this phase, the property will enhance the surrounding neighborhood and provide a visual historic interpretation of the site of the colonial ferry landing. As part of the Bayside History Trail, this phase will provide an upgrading of the project and its site with interpretive signage for pedestrians and cyclists when the house is closed, while safety and accessibility features will allow the house to be open for the public. 1 Pungo Ferry Landing Property Acquisition for Public Use Acquisition of privately -owned property on the west side of the North Landing River in the Blackwater Voting District of the City of Virginia Beach, adjoining the former roadway and site of the original Pungo Ferry Bridge and earlier Pungo Ferry crossing. This site adjoins property owned by the Commonwealth of Virginia as part of the North Landing River Natural Area Preserve, and other lands owned by The Nature Conservancy. The property, once acquired, would be developed over time as a public access point to the river, provide a canoe take-out point terminus to the Commonwealth's adjoining canoe trail, and afford opportunities to describe the historical significance of this important river ferry crossing to the development of this area of Virginia Beach through a series of educational displays. In the long term, it is planned to develop an observation tower on the site to afford visitors views of the unique natural environments adjoining the North Landing River in the Pungo Ferry area. Total estimated cost is $60,000 ($48,000 enhancement fund request, $12,000 local match). PROVIDENCE ROAD TRAIL PROJECT The Providence Road Trail Project extends approximately four miles from the Virginia Beach - Chesapeake City Limits to its terminus at the intersection of Princess Anne Road and Plaza Trail. At present, approximately two miles of the corridor have existing sidewalks. The remainder of the road corridor currently has no pedestrian or bicycle facilities (refer to the map of the Kempsville Planning area on the following page). The scope of the Providence Road Trail Project will consist of: (1) upgrading the existing two miles of sidewalks to a hard surface multi-purpose trail alongside the north shoulder of Providence Road meeting minimum AASHTO standards; (2) constructing a new hard surface multi-purpose trail alongside the north shoulder of Providence Road meeting minimum AASHTO standards for the two miles of roadway with no current pedestrian or bicycle facilities; and (3) making improvements to the north side of the westbound bridge of Providence Road over 1-64 to allow for continuous linkage of the multipurpose trail along the corridor. The estimated cost of the Providence Road Trail project is approximately $1,050,000 based on a preliminary estimate of $50 per linear foot. The Providence Road Trail Project is recommended as part of the Virginia Beach Outdoors Plan 2000 Update, as adopted by the City Council of Virginia Beach on February 13, 2001. Completion of this project would provide a continuous trail meeting minimum AASHTO standards extending from the Virginia Beach - Chesapeake City Limits eastward to the Atlantic Ocean, making the first safe trail continuously connecting the City east to west located in the City. The Providence Road Trail Project will allow for the Kempsville / Centerville area of the City to connect to a number of destinations safely using existing multi-purpose trails which would link to the project, including Lynnhaven Mall, Tidewater Community College, Corporate Landing Commerce Park, Farmers Market, Princess Anne Park, Virginia Beach Amphitheater, City View Park, Kemps River Commercial Area, Lynnhaven Crossing Commercial Area, Oceana East Commerce Park, Strawbridge Commercial Area, Dam Neck Naval Installation, and numerous schools and neighborhood parks. Future planned projects would allow for connections to the Virginia Marine Science Museum, the Resort Area, Mount Trashmore District Park, Stumpy Lake, Sportsplex, Municipal Center, First Landing State Park, Fort Story Army Installation, Oceana Naval Air Station, and Redwing District Park. The proposed trail project will be constructed in accordance with all AASHTO recommended design and safety guidelines as specified in the 1999 Guide for the Development and Design of Bicycle Facilities prepared by the AASHTO Task Force on Geometric Design. 1 NIMMO PARKWAY TRAIL EXTENSION PROJECT The Nimmo Parkway Trail Extension Project is located in the Courthouse Planning Area of the City. The area has an estimated population of approximately 50,000 residents and is considered a transition zone where the suburban northern sector of the City transitions to the rural southern sector of the City. The Courthouse Planning Area is generally geographically bound by the Oceana Naval Air Station to the north, the Back Bay and Stumpy Lake Greenway to the south, the Atlantic Ocean to the east, and the West Landing River Greenway to the west (refer to map of the Courthouse Planning Area on the following page). The scope of the proposed Nimmo Parkway Trail Extension Project is to construct a 2.4 mile (12,500 feet), 10 feet wide, asphalt trail in an existing City right-of-way from Atwoodtown Road to Sandbridge Beach. The estimated total cost of the Nimmo Parkway Trail Extension Project is eight hundred thousand dollars ($800,000). This estimate is based on a unit cost of $50 a linear foot for the trail; and, bridges and elevated walkways at a cost of $90 a linear foot. The Nimmo Parkway Trail Extension Project is a high priority for the City of Virginia Beach because it will construct the last component required for the completion of the Nimmo Parkway Trail from Princess Anne District Park located in the western sector of the planning area to Sandbridge Beach located in the eastern sector of the planning area. Completion of the Nimmo Parkway Trail will establish a comprehensive trail linkage with the existing General Booth Boulevard Trail, London Bridge Road Trail, and Dam Neck Road Trail located to the north and will also Zink Princess Anne District Park, Princess Anne Recreation Center, Sandbridge Beach, Little Island District Park, and the Back Bay National Wildlife Refuge. The proposed trail project will be constructed in accordance with all AASHTO recommended design and safety guidelines as specified in the 1999 Guide for the Development and Design of Bicycle Facilities prepared by the AASHTO Task Force on Geometric Design. i - 27 - Item V -I.4. RESOLUTIONS/ORDINANCES ITEM # 49213 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council ADOPTED: Ordinance to AMEND the City Code ADDING § 35 2 to establish technology zones as delineated in Virginia State Code § 58 1-3850 Voting 10-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Absent Mayor Meyera E Oberndorf January 22, 2002 ORDINANCE NO. AN ORDINANCE TO AMEND THE CODE OF THE CITY OF VIRGINIA BEACH BY ADDING SECTION 35.2 TO ESTABLISH TECHNOLOGY ZONES 1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 2 BEACH. VIRGINIA: 3 That Section 35.2 of the City Code pertaining to the 4 establishment of technology zones, is hereby added, to read as 5 follows: 6 Sec. 35.2-1 Purpose and Intent 7 The City Council of the City of Virginia Beach finds that the 8 development of its commercial and industrial tax base requires 9 incentives, and determines that an appropriate method of offering 10 incentives for the areas described below is to create technology 11 zones as guided and authorized by section 58.1-3850 of the Code of 12 Virginia. The City Council finds that the establishment of 13 technology zones will foster development of commercial and 14 industrial businesses engaged in technological research, design and 15 manufacturing to the benefit of the public health, safety, welfare 16 and convenience through the enhancement of public revenues and the 17 creation of employment opportunities. 18 Sec. 35.2-2 Administration 19 This Article shall be administered and enforced by the Cit' 20 Manager or his designee. The City Manager, together with the 21 Department of Economic Development will review the criteria and 22 incentives for the technology zone program annually to assure 23 alignment with the City Strategy and Economic Development Strategy. 24 Sec. 35.2-3 Definitions 25 For purposes of this Article, the following words and phrases 26 shall have the meanings below, unless otherwise expressly indicated 27 to the contrary: 28 j Qualified Technology Business means a business which 29 derives its gross receipts from the design, development 30 or manufacturing of technology-based products, processes 31 or related services for lease, sale or license. 32 Technology- based products, processes or related services 33 means engaging in the activity of research, development, 34 or manufacture of commodities used in factory automation, 35 biotechnology, biomedical research, chemicals, 36 electronics, computer hardware, computer software, 37 defense, energy, environmental, manufacturing equipment, 38 advanced materials, medical applications, 39 pharmaceuticals, photonics, electronic based 40 subassemblies and components, testing and measurements, 41 telecommunications, systems integration, multi-media, e- 42 commerce, internet services, and transportation, 43 including training in the aforementioned areas. 44 In no case shall the use of computers or telecommunications 45 services by a business in its internal operations qualify 46 or be considered in qualifying the business as a technology 47 business. 48 A qualified technology business shall provide a minimum 49 capital investment of $20,000,000 in personalty and/or 50 improved real estate (exclusive of raw land cost) or 51 provide for the creation of 300 new full time employees. 52 Additionally, such business must pay its employees average 53 salaries, including benefits, of at least $50,000 annually. 54 All businesses, whether newly located or existing within 55 the boundaries of a technology zone, which qualify under 56 the criteria set out above may be considered for qualified 57 technology business status. Qualification shall be granted 58 and certified in writing by the City Manager or his 59 designee. 2 60 jj Qualified Zone Resident means an owner or tenant of real 61 property located in a technology zone who expands or 62 rehabilitates such property to locate the operation of a 63 qualified technology business within the technology zone. 64 The term property means a parcel, lot or unit for which 65 a site plan or building permit application has been 66 submitted for approval. Qualification of a zone resident 67 shall be granted and certified in writing by the City 68 Manager or his designee. 69 Sec. 35.2-4 Boundaries of Technology Zones 70 (a) The technology zones shall be established by City Council 71 by ordinance upon findings that the incentives provided 72 herein will enhance the establishment and growth of 73 technology businesses within the area under 74 consideration. 75 As technology zones are established by City Council, they 76 shall be further identified by reference to the map 77 entitled "Virginia Beach Technology Zones" which shall be 78 incorporated into and made a part of this Ordinance and all 79 future ordinances establishing a technology zone. 80 (b) Qualified technology businesses, and, where applicable, 81 qualified zone residents located in a designated 82 technology zone shall be entitled to the incentives 83 offered in this Article. 84 Sec. 35.2-5 Business Tax Rebate 85 (a) All qualified technology businesses shall be entitled to 86 a rebate of business, professional and occupational 87 license taxes imposed by Chapter 18 of the Virginia 88 Beach City Code as follows: 89 1. 100% rebate in year 1; 3 90 2. 80% rebate in year 2; 91 3. 60% rebate in year 3; 92 4. 40% rebate in year 4; and 93 5. 20% rebate in year 5. 94 Year 1 is the first full calendar year in which a business 95 operates as a qualified technology business . However, if 96 a business operates as a qualified technology business for 97 a period of less than 6 months in the calendar year, such 98 qualified technology business may elect to designate the 99 following calendar year as year 1 for purposes of obtaining 100 the business tax rebate. 101 (b) The rebate shall apply for a period of five calendar 102 years or until such time that the business no longer 103 operates as a qualified technology business, whichever is 104 the first to occur. If a business ceases to be a 105 qualified technology business, ceases to meet the minimum 106 criteria for a qualified technology business or removes 107 its operation from the City of Virginia Beach during a 108 year in which the rebate applies, supplemental prorated 109 business license tax shall be prorated for the months the 110 business was a qualified technology business. 111 j If more than one-half of the gross receipts of a 112 qualified technology business are derived from a 113 licensable activity that qualifies the business, the 114 business license tax assessed on all gross receipts of 115 such licensable activity shall be subject to the 116 graduated rebates described above. If one-half or less 117 of the gross receipts of a particular licensable activity 118 of a qualified technology business is derived from 119 qualifying operations, the graduated rebates shall be 120 applied only to the amount of tax attributable to the 4 121 gross receipts earned from the qualifying business 122 activity. 123 (d) In order to qualify for a business license tax rebate 124 under this Article, during the first 12 months of 125 operation within the technology zone, a qualified 126 technology business must apply to the Department of 127 Economic Development who will investigate and forward the 128 application to the City Manager or his designee to 129 determine if the business is a qualified technology 130 business. The qualified technology business shall have 131 the burden of demonstrating, to the satisfaction of the 132 City Manager, that it meets the definition of a qualified 133 technology business and that it meets all applicable 134 criteria for a business license tax rebate. The qualified 135 technology business shall also file an annual business 136 license application with the Commissioner of the Revenue 137 and shall provide the Commissioner with certification 138 from the City Manager that the business is a qualified 139 technology business. The amount of gross receipts to be 140 earned shall be set out in the license application and 141 shall be subject to verification by the Commissioner of 142 the Revenue by audit or inspection of documents. The 143 qualified technology business shall also provide the 144 Commissioner with proof that no local taxes or fees are 145 outstanding at the time of application for the business 146 license tax rebate. 147 (e) Failure of a qualified technology business to pay in full 148 by the due date any taxes imposed by the City shall 149 result in the denial or revocation of the tax rebate for 150 the remainder of the current calendar year. 151 1j All business license tax rebates are subject to 152 adjustment by the Commissioner of the Revenue based on 5 153 actual gross receipts earned from qualifying technology 154 business activities. Any additional business license tax 155 assessed due to such adjustments, or due to revocation of 156 the tax rebate, shall be subject to collection and 157 delinquency provisions set out in Chapter 18 of the City 158 Code. 159 Sec. 35.2-6 Fee Reimbursements Under City Ordinances 160 The fee reimbursements provided below shall apply to qualified 161 technology businesses and, where applicable, qualified zone 162 residents, for new construction, alterations and rehabilitation, 163 provided (i) that at least 100% of the total cost of the 164 construction is expended on facilities which will house or directly 165 accommodate a qualified technology business; and (ii) that the 166 application for fee reimbursements is submitted to the Director of 167 Economic Development within 18 months from the date a Certificate 168 of Occupancy is issued . Fees reimbursed pursuant to this Article 169 shall be paid out by the City. 170 (a) Fees imposed under the Building Code. Applications for 171 reimbursement of all fees imposed under Chapter 8 of the 172 City Code entitled "Buildings and Building Regulations" 173 shall be made to the Director of Economic Development 174 along with a certification from the City Manager that the 175 applicant is a qualified technology business or a 176 qualified zone resident and evidence that the proposed 177 construction will meet the criteria set out above for fee 178 reimbursement. All building code fees must be paid by the 179 qualified technology business or qualified zone resident 180 prior to receiving reimbursement from the Department of 181 Economic Development. 182 (b) Fees Imposed under the Zoning Ordinance. Applications 183 for reimbursement for fees imposed for rezonings and 6 184 conditional rezonings under Section 107 of the City 185 Zoning Ordinance (Appendix A) and for fees imposed for 186 conditional use permits under Section 221(b) of the City 187 Zoning Ordinance (Appendix A) shall be made to the 188 Director of Economic Development. Such application shall 189 include certification from the City Manager that the 190 applicant is a qualified technology business or a 191 qualified zone resident and evidence that the proposed 192 land use and/or construction activities will meet the 193 criteria set out above for fee reimbursement. All land 194 use application fees must be paid by the qualified 195 technology business or qualified zone resident prior to 196 receiving reimbursement from the Department of Economic 197 Development. 198 (c) Fees Imposed under Subdivision Regulations and Site Plan 199 Ordinance. Application for reimbursement of fees 200 imposed for subdivision and site plan review under the 201 City's Subdivision Regulations (Appendix B) and the 202 City's Site Plan Ordinance (Appendix C) shall be made to 203 the Director of Economic Development. Such application 204 shall include certification from the City Manager that 205 the applicant is a qualified technology business or a 206 qualified zone resident and evidence that the proposed 207 land use and /or construction activities will meet the 208 criteria set out above for fee reimbursement. All 209 subdivision and/or site plan review fees must be paid by 210 the qualified technology business or qualified zone 211 resident prior to receiving reimbursement from the 212 Department of Economic Development. 213 (d) Water and Sewer Connection Fees. Application for 214 reimbursement of water and sewer connection fees imposed 215 under Chapter 37 of the City Code shall be made to the 7 216 Director of Economic Development. Applications shall 217 include certification from the City Manager that the 218 applicant is a qualified technology business or a 219 qualified zone resident and evidence that the utility 220 connections and related construction will meet the 221 criteria set out above for fee reimbursement. All water 222 and sewer connection fees must be paid by the qualified 223 technology business or qualified zone resident prior to 224 receiving reimbursement from the Department of Economic 225 Development. 226 Sec. 35.2-7 Non -Waiver 227 Unless expressly stated herein, this Article shall not be 228 construed to waive the requirement of any ordinance, regulation or 229 policy of the City of Virginia Beach, including, but not limited 230 to, those ordinances, regulations and policies which require 231 permits and approvals for land use and construction. Additionally, 232 unless stated otherwise herein, nothing in this Article shall be 233 construed as waiving the right of the City of Virginia Beach to 234 enforce its ordinances, regulations or policies to collect any 235 taxes, fees, fines, penalties, or interest imposed by law on a 236 qualified technology business or qualified zone resident or upon 237 real or personal property owned or leased by a qualified technology 238 business or qualified zone resident. The City of Virginia Beach 239 reserves the right to remove qualified technology business or 240 qualified zone resident status for any business that is not 241 compliant with any City ordinance, regulation, policy or other 242 legal requirement. 243 Sec 35.2-8 Education and Promotion 244 The City Manager or his designee shall develop programs to 245 educate the public and potential businesses of the benefits of 246 technology zones. 8 247 Sec.35.2-9 Restrictions 248 No qualified technology business or qualified zone resident 249 may apply for or receive a tax or fee rebate or reimbursement under 250 this Article on the basis of a building permit issued on 251 construction commenced prior to the establishment of the technology 252 zone in which the property lies. 253 This ordinance shall be effective from the date of its 254 adoption. 255 Adopted by the Council of the City of Virginia Beach, 256 Virginia, on the 22nd day of January, 2002. 257 CA -8261 258 R-4 259 PREPARED: 1/15/02 260 F:\Data\ATY\Ordin\PROPOSED\techzon2.wpd 9 1 - 28 - Item V -I.5. RESOLUTIONS/ORDINANCES ITEM # 49214 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council ADOPTED: Ordinance to AMEND the Chesapeake Bay Preservation Ordinance re variances and public notification to all adjacent property owners Voting 10-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Absent Mayor Meyera E Oberndorf January 22, 2002 1 AN ORDINANCE TO AMEND THE CHESAPEAKE BAY 2 PRESERVATION AREA ORDINANCE PERTAINING TO 3 VARIANCES AND PUBLIC NOTIFICATION 4 SECTION AMENDED: CBPA § 113 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 113 of the Chesapeake Bay Preservation Area 8 Ordinance is hereby amended and reordained to read as follows: 9 Sec. 113. Variances. 10 (A) General requirements. Applications for variances from 11 any of the provisions of this ordinance shall be in writing and 12 filed with the city manager. 13 14 (D) Not later than sixty (60) days after the receipt of an 15 application, the board shall hold a public hearing on such 16 application. Notice of the time and place of the hearing shall be 17 published no less than once per week for two (2) consecutive weeks 18 prior to such hearing in a newspaper having a general circulation 19 in the city. The second such notice shall appear not less than five 20 (5) days nor more than twenty-one (21) days prior to the hearing. 21 (D.1) The board shall notify, by first class mail, all property 22 owners adjacent to the subiect property and each waterfront 23 property owner across the waterway from the subject property, if 24 the water body is less than five hundred (500) feet wide, of the 25 public hearing at least five (5) days prior to the hearing. 26 (E) In addition to the foregoing requirements, the applicant 27 shall cause to be posted on the property which is the subject of 28 the hearing a sign, of a size and type approved by the boardT 29 clearly visible and legible from the nearest public street. One 30 such sign shall be posted within ten (10) feet of every public 31 street adjoining the property and within ten (10) feet of any body 32 of water or waterway less than five hundred (500) feet wide 33 adjoining the property. Such sign shall be posted not less than 34 fifteen (15) days from the public hearing and shall state the 35 nature of the application and date and time of the hearing. Such 36 signs shall be removed no later than five (5) days after the public 37 hearing. In the event such sign is removed, obscured, Ur otherwise 38 rendered illegible or if the board determines that the requirements 39 of this section have not been met prior to the hearing, the board 40 may deny or defer the application. Any application deferred by the 41 board by reason of noncompliance with the posting requirements of 42 this section shall not thereafter be heard unless and until an 43 additional fee in the amount of one hundred dollars ($100.00) is 44 paid. 45 46 Adopted by the City Council of the City of Virginia Beach, 47 Virginia, on this 22nd day of January, 2002. 48 49 CA -8317 50 DATA/ORDIN/PROPOSED/cbpall3ord.wpd 51 R2 52 November 15, 2001 2 1 -29- Item V -I.6. RESOLUTIONS/ORDINANCES ITEM # 49215 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council ADOPTED: Ordinance to CLARIFY an Ordinance adopted November 6, 2001, authorizing acquisition in fee simple of property located at Lynnhaven Parkway and Potters Road (I-264 Interchange) for the LYNNHAVEN INTERCHANGE at Great Neck Road, either by agreement or condemnation Voting 10-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Absent Mayor Meyera E Oberndorf January 22, 2002 1 AN ORDINANCE TO CLARIFY AND CORRECT ORDINANCE ADOPTED 2 NOVEMBER 6, 2001 AUTHORIZING ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR PROPERTY LOCATED AT LYNNHAVEN PARKWAY AT 4 POTTERS ROAD (I-264 INTERCHANGE) FOR THE LYNNHAVEN 5 INTERCHANGE AT GREAT NECK ROAD IMPROVEMENTS (CIP 2-074), 6 EITHER BY AGREEMENT OR CONDEMNATION 7 8 9 WHEREAS, on November 6, 2001, the Council of the City of Virginia Beach, Virginia, 10 adopted an ordinance authonzing the acquisition of property by agreement or condemnation for 11 improvements to the I-264 Lynnhaven Interchange at Potters Road 12 WHEREAS, a small triangle of land (approximately .113 Acre) inadvertently was omitted 13 from the November 6, 2001 ordinance's description of the property to be acquired This Ordinance 14 clanfies and corrects the descnption of the property needed for this project. 15 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public 16 necessity exists for the construction of this important roadway project and intersection improvements 17 to provide transportation and for other public purposes for the preservation of the safety, health, 18 peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia 19 Beach. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 Section 1. That the City Council authorizes the acquisition by purchase or condemnation 23 pursuant to Sections 15.2-1901, et seq., and Sections 33.1-89 et seq., Code of Virginia of 1950, as 24 amended, of all that certain real property in fee simple known as GPIN 1497-63-7012 and GPIN 25 1497-62-2926 and owned by Wesley Properties, LLC, (the "Property"), as shown on the plat entitled 26 "RESUBDIVIDION OF PARCEL A, PROPERTY OF POTTERS ROAD INVESTMENT GROUP 27 (M.B. 173, PG. 31) CLOSED PORTIONS OF POTTERS ROAD AND EXCESS CITY LAND, 28 PROPERTY OF THE CITY OF VIRGINIA BEACH • LYNNHAVEN BOROUGH • VIRGINIA 29 BEACH, VIRGINIA • DATE: 05-01-98," recorded in Map Book 270, at page 76, and more 30 specifically descnbed on the location map attached hereto as Exhibit A. 31 Section 2. That the City Manager is hereby authonzed to make or cause to be made on 32 behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the 33 owners or persons having an interest in the Property. If refused, the City Attorney is hereby 34 authonzed to institute proceedings to condemn the Property. 35 36 37 38 1 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 2nd day 2 of January , 2002. 3 4 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY & FORM 5 6 /77,f,0' (. Critu IYhA 7 GNATURE 8 Pit) REA, FaliCk 9 10 11 DEPARTMENT January 11, 2002 CITY ATTORNEY EXHIBIT A LOCATION MAP SCALE : 1" = 1,600' !..... ' ^ ��'7�, 1-264 INTERCHANGE- . L,, YNNHAVEN ROAD } POTTERS ROAD 1 � I ,,,,4:1497 -6 3 - 7012 & -1 iii .,-----'7,i �;�,1, 3Q � 1497-62-2926 \ ;, REvISED 1949 LAWSON AGENDA POTTERS.DGN M.J.S. PREPARED BY PM/ ENG. DRAFT. JAN/2002 1 - 30 - Item V -I.7. RESOLUTIONS/ORDINANCES ITEM # 49216 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $1,060,987 from the Commonwealth of Virginia Technology Trust Fund re purchasing land records document indexing and imaging system for the Clerk of the Circuit Court Voting 10-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Absent Mayor Meyera E Oberndorf January 22, 2002 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE $1,060,987 FROM THE 3 COMMONWEALTH OF VIRGINIA TECHNOLOGY 4 TRUST FUND TO PURCHASE A 5 COMPREHENSIVE LAND RECORDS DOCUMENT 6 INDEXING AND IMAGING SYSTEM 7 WHEREAS, $1,060,987 is available in the Commonwealth of 8 Virginia Technology Trust Fund to fund the purchase of a 9 comprehensive land records document indexing and imaging system for 10 the Clerk of the Circuit Court of Virginia Beach. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA: 13 That $1,060,987 is hereby accepted from the Commonwealth 14 of Virginia Technology Trust Fund and appropriated to the Clerk of 15 the Circuit Court's FY 2001-02 Operating Budget to purchase a 16 comprehensive land records document indexing and imaging system 17 with revenue from the Commonwealth of Virginia increased 18 accordingly. 19 Adopted by the Council of the City of Virginia Beach, 20 Virginia, on the 22nd day of January , 2002. 21 CA -8376 22 ordin/noncode/imagingordl.wpd 23 R-3 24 January 15, 2002 25 26 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 27 SUFFICIENCY: , /I/1 i /' 28 a y /': � . ( / �: L 29 Management Services C'�ity Attorney's Office Ja2-11-2002 08 Olam From—COMPENSATION BOARD !uNE R r'Nw cus:n 7_1P,N'1Y M PAeNE VV J KUGHAPSKI r.rFr r.(• ti�Ea+PFfio 804 371 0235 T-236 r 032/002 F-108 COMMONWEALTH of VIRQINIA COMPENSATION BOARD PO BOX 710 RICHMOND, VIFIGINIA 23218-0710 January 10, 2002 The Honorable J Curtis Fiuit Clerk of the Ciicuit Court City of Virginia Beach 2425 Nimmo Parkway Virginia Beach, VA 23456-9017 Dear Mr Fruit BRUCE W HAYNES E''Er' ^WE SECR 't Fv JAMES W MATTHEWS A5918TA'vT Ew FGUT1 ,E FECR=TAPS' This letter is in response to your request foi verification of available"! -11' funding Currently, in FY02 your office is budgeted $ 1,100,999.02 based on the budget request you submitted in August 2001 Our records indicate that you have requested reimbursement of S40,011 11, ieaving a budgeted balance of $1,060,987 91. in addition to the funding that is currently budgeted, there is a remaining unbudgeted amount of $31,441 65 This handing can be budgeted by written request to the Compensation Board These funds will he available until lune 30. 2002 Any unexpended funds will be carried over to FY03 In August 2002, you will be asked to make your annual tequest for TTF expenditures for FY03 Between the months of July and Scptcmber, you will not be able to request reimbursement of TTF expenditures. Utile City of Virginia Beach agrees to expend those funds on your behalf during that period of time, you will be able to request reimbursement of those expenditures on your September reimbursement request that will be available on October 1, 2002 If you have any questions regarding the information I have provided, please don't hesitate to call Sincerely. / ?4 (/A /7 4/ , r ,, Charlotte W L lick - State Comnpensatiorn Board cc Bruce W Haynes, Executive Secretary James W. Matthews, Assistant Executive Secretary Richard A. Larnpman, Policy and Planning Manger 1 -31 - Item V -I.8. RESOLUTIONS/ORDINANCES ITEM # 49217 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute an Agreement between the City and the Virginia Housing Development Authority (VHDA) re Sponsoring Partnerships and Revitalizing Communities (SPARC) home ownership program Voting 10-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Absent Mayor Meyera E Oberndorf January 22, 2002 1 ORDINANCE NO. 2 AN ORDINANCE AUTHORIZING THE CITY 3 MANAGER TO EXECUTE AN AGREEMENT 4 BETWEEN THE CITY AND THE VIRGINIA 5 HOUSING DEVELOPMENT AUTHORITY TO 6 PARTICIPATE IN THE SPARC HOME 7 OWNERSHIP PROGRAM. 8 WHEREAS, the City of Virginia Beach through its Department of Housing and 9 Neighborhood Preservation currently operates several programs to promote home ownership for low 10 and moderate income persons; 11 WHEREAS, the City desires to continue promoting its goal of home ownership 12 among its citizens with low and moderate income and in areas with low home ownership rates 13 through all available resources; 14 WHEREAS, the Virginia Housing Development Authority ("VHDA")has reserved 15 funds which can be made available to qualified Virginia Beach citizens with low and moderate 16 income through the participation of the City in the VHDA's Sponsoring Partnerships and 17 Revitalizing Communities ("SPARC") Home Ownership Program; 18 WHEREAS, the City's participation in the SPARC Home Ownership Program 19 requires the execution of an agreement with the VHDA and 20 WHEREAS, the City's Department of Housing and Neighborhood Preservation has 21 determined that the City's participation in the SPARC Home Ownership Program will provide an 22 additional and much needed financing source for home ownership opportunities for its citizens with 23 low and moderate income. 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That the City Manager is hereby authorized to execute an agreement between the City 27 and the Virginia Housing Development Authority to participate in the operation of the SPARC 28 Home Ownership Program in substantially the same form as attached hereto and under such 29 additional terms and conditions as may be acceptable to the City Manager and the City Attorney. 3 0 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 2ndday of 31 January , 2002 CA -8347 C \Novell\GroupWise\SPARC ord wpd R-1 1/02/02 2 APPROVED AS TO CONTENT Dept Preservation /1t'-____ sing & Neighborhood APPROVED AS TO LEGAL VIRGINIA HOUSING DEVELOPMENT AUTHORITY SPARC PROGRAM - 2002 HOMEOWNERSHIP PROJECT PERMANENT MORTGAGE FINANCING COMMITMENT AGREEMENT THIS AGREEMENT, dated as of this 2 day of January, 2002, is made by and between the VIRIGNIA HOUSING DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (hereinafter referred to as the "Authority") and City of Virginia Beach, • . .. - ! : _ . _ . . _ _ • . unity hereinafter referred to as the "Sponsor"). WITNESSETH. WHEREAS, the Sponsor has applied to the Authority for mortgage loan financing for purchasers of single family dwelling homes (the "Homes") on the property described in the Sponsor's application (the "Application"), which is incorporated herein by reference; and below WHEREAS, the Authority desires to provide such fmancmg subject to the terms and conditions set forth 1 Reservation of Funds, Underwriting of Mortgage Loans Subject to the terms and conditions herein, the Authority hereby agrees to reserve funds in the amount of One Million Three Hundred Thousand Dollars ($1,300,000) to be used to provide mortgage loans under the Authority's SPARC Program The Sponsor hereby accepts such reservation The mortgage loans to be financed with the Reserved Funds shall be originated by the Authority's Originating Agents (the "Origmatmg Agents") m accordance with the Authority's Rules and Regulations for Single Family Mortgage Loans to Persons and Families of Low and Moderate Income (the "Rules and Regulations") In order to be approved for fmancmg under this Agreement, each application for a mortgage loan must satisfy and comply with all of the criteria and requirements in the Rules and Regulations and m this Agreement. 2. Reservation Period. Subject to the provisions hereof, the Reserved Funds will be reserved for the Sponsor until December 31, 2002; provided that if any portion of the Reserved Funds are not committed for mortgage loans by December 31, 2002, such portion of the reserved Funds shall no longer be reserved for the Sponsor, except as the Authority may otherwise notify the Sponsor in writing 3 Rate of Interest and Term of Mortgage Loans The mterest rate(s) on the mortgage loans to be made from the Reserved Funds will be determined by the Authority at the time funds are reserved for each individual borrower and shall be one half percent ( 50%) below the applicable rate for the Authority's tax-exempt bond program The term of such mortgage loans shall be thirty (30) years 4. Location and Completion of Homes The Homes financed from Reserved Funds shall be of the type and number and shall be located as described in the Application In the case of Hoines to be constructed or rehabilitated by the Sponsor, such Homes shall be constructed or rehabilitated in accordance with this Agreement, the plans and specifications (or, in the case of rehabilitation, such other descriptions of work to be performed on the Homes as shall be acceptable to the Authority), and the minimum property standards of the U.S Department of Housing and Urban Development The sales prices (as determined in accordance with the Authority's Rules and Regulations) of the Homes shall not exceed the applicable maximum amounts allowed by the Authority for its tax-exempt bond program. 5 Eligibility of Purchasers. All purchasers must meet all the Authority's eligibility and underwriting requirements for its tax-exempt bond program Notwithstanding anything to the contrary in the Rules and Regulations, all purchasers of Homes financed from Reserved Funds (a) shall not have had a present ownership interest (as defined in the Authority's Rules and Regulations) in his principal residence at any time during the three years preceding the date of execution of the mortgage loan documents and (b) shall have exempt bond program. Notwithstanding the foregoing, in the event Sponsor has elected in the Application to target persons or households with annual gross income below such limits, Sponsor shall comply with such election 6 Reduction of Amount of Reserved Funds Upon thirty (30) days prior written notice to the Sponsor, the Authority may at any time, and from time to time, reduce the amount(s) of the Reserved Funds in the event that the Authority determines that it is (i) unlikely that mortgage loans will be committed by December 31, 2002, (ii) or that the Sponsor has failed to comply with the terms of this Agreement 7 Announcements and Publicity. The Sponsor shall coordinate m advance with the Authority all announcements and other publicity relating to the Homes or the financing pursuant hereto 8 Miscellaneous This Agreement constitutes the entire and final agreement between the parties with respect to the Reserved Funds and supersedes all prior negotiations This Agreement may be amended only in writing signed by both parties. This Agreement shall be constructed in accordance with the laws of the Commonwealth of Virginia. All provisions contained herein are severable and should any provision be held invalid by a court of competentjurisdiction, the remaining provisions shall remain m full force and effect IN WITNESS WHEREOF, the parties hereto have executed this Agreement, by their duly authorized representatives, as of the day and year first above written. (Sponsor) By: Its Date VIRGINI By: PMENT AUTHORITY Don : ld L Ritenour Managing Director of Development 1 - 32 - Item V -I.9. RESOLUTIONS/ORDINANCES ITEM # 49218 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute a Consent to the Assignment of Ingenco 's rights and obligations under the LFG Agreement re amended Landfill Gas sale Agreement Voting 9-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker and Rosemary Wilson Council Members Voting Nay None Council Members Abstaining Vice Mayor William D Sessoms, Jr Council Members Absent Mayor Mevera E Oberndorf Vice Mayor Sessoms ABSTAINED as he is a Corporate Officer of Wachovia Bank INGENCO wall enter into one or more agreements with Wachovia Bank, NA January 22, 2002 ORDINANCE NO 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A CONSENT TO T HE 3 ASSIGNMENT OF INGENCO'S RIGHTS AND 4 OBLIGATIONS UNDER THE AMENDED 5 LANDFILL GAS SALE AGREEMENT BETWEEN 6 THE CITY, VB LFG L.L C , AND INGENCO 7 WHEREAS, on December 31, 1996, the City of Virginia Beach (the "City") entered 8 into a Landfill Gas Sale Agreement with Allegheny Energy Recovery, Inc ("AER") as amended by 9 the First Amendment to Landfill Gas Sale Agreement dated February 1, 1999 and by the Second 10 Amendment to Landfill Gas Sale Agreement dated March 7, 2000 (collectively referred to as the 11 "LFG Agreement"), pursuant to which VB LFG L L C ("VB LFG"), a Delaware limited liability 12 company ultimately acquired from AER all nghts to gas ("LFG") produced from the landfill owned 13 and operated by the City at 1989 Jake Sears Road, Virginia Beach, Virginia ("Landfill II"), 14 WHEREAS, by Ordinance No. 2616A, adopted by City Council on January 23, 2001, 15 the City consented to the assignment of VB LFG's certain rights and obligations pertaining to the 16 12,000 square foot building located in Landfill II, the land, and the LFG processing facility under 17 the LFG Agreement to Industnal Power Generating Corporation ("Ingenco") under a Gas Sales 18 Agreement between VB LFG and Ingenco, in order to allow Ingenco to effectively utilize the LFG 19 for a beneficial use (the production of electncity); 20 WHEREAS, Ingenco and Wachovia Bank, N.A., a national banking association 21 ("Wachovia"), will enter into one or more agreements in which Wachovia will agree to make a loan 22 or loans (collectively, the "Loan") to Ingenco; 23 WHEREAS, as a condition of making the Loan, Ingenco has agreed to assign to 24 Wachovia all of Ingenco's nght, title and interest in the LFG Agreement; 25 WHEREAS, pursuant to Section 13 1.(a) of the LFG Agreement, Ingenco is required 26 to obtain the City's consent to any assignment of nghts; and 27 WHEREAS, the City staff has determined that consent to the assignment of 28 Ingenco's nghts and obligations under the terms and conditions set forth in the attached Summary 29 of Terms is appropnate and not detnmental to the interests of the City in that, anter alga, the services 30 to be performed by Ingenco or any approved assignee will assist in meeting the requirement of the 31 Virginia Department of Environmental Quality for a gas management plan at Landfill II . 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 That the consent to the assignment of Ingenco's rights and obligations under the LFG 35 Agreement by Ingenco to Wachovia is hereby approved, and the City Manager or his designee is 36 hereby authorized to execute such consent in accordance with the Summary of Terms attached 37 hereto with the final wording to be satisfactory to the City Attorney 38 ADOPTED by the Council of the City of Virginia Beach, Virginia, on the 22"d day 39 of January, 2002. 40 CA -8349 41 01/04/2002 42 R-1 43 F \Users\VValldej\Wp\Bza\ingencoassign ord wpd 1 SUMMARY OF TERMS ASSIGNMENT OF INGENCO'S RIGHTS UNDER THE LANDFILL GAS SALES AGREEMENT AT LANDFILL II OWNER: City of Virginia Beach ASSIGNOR: INGENCO, a Virginia corporation. ASSIGNEE: WACHOVIA BANK, N A., a national banking association TERM: December 31, 1996 - December 31, 2011 CONDITIONS OF CONSENT TO ASSIGNMENT: In the event of Ingenco's default under the Loan with Wachovia and upon receipt of wntten notice by Wachovia of such default, the City will continue performance of the LFG Agreement, provided that (i) any subsequent assignment by Wachovia is approved in writing by the City manager and the City Attorney, (u) Wachovia or any approved assignee shall assume in writing all of Ingenco's obligations, covenants, and agreement under the LFG Agreement; and (m) the City shall be reimbursed for any costs incurred by its performance in accordance with the terms of the LFG Agreement. City agrees to notify Wachovia in the event of Ingenco's default under the LFG Agreement and to allow Wachovia or an approved assignee to cure the default in within 60 days or any agreed upon time period if the default is other than the payment of money which cannot with due diligence be cured within the 60 day time period. RIGHTS AND RESPONSIBILITIES OF INGENCO UNDER THE LFG AGREEMENT: • Operation, maintenance and repair of the LFG processing facility Improvement of the existing 12,000 square foot building and installation of noise abatement equipment such as mufflers, insulation, noise barrier walls and landscaping. Production of electncity for wheeling to customers throughout the United States. Ingenco will be liable directly to and will indemnify the City for any and all liabilities and environmental conditions and/or liabilities created at Landfill II by Ingenco and/or resulting from the LFG processing facility Additionally, Ingenco will secure and maintain all insurance policies and coverages required under the LFG Agreement RIGHTS AND RESPONSIBILITIES VIRGINIA BEACH: The Department of Public Works Waste Management Division will monitor the operation of the LFG processing facility and all operations at Landfill II to ensure compliance with the LFG Agreement and compliance with the requirements of the Virginia Department of Environmental Quality. F \Users\VValldej\WP\BZA\mgencoassign sum wpd 1 - 33 - Item V -I.10. RESOLUTIONS/ORDINANCES ITEM # 49219 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council ADOPTED: Ordinance to TRANSFER $173,683 from the General Fund Reserve for Contingencies to FY2001-02 operating budget re revenue reimbursements to fully fund the Real Estate Tax Relief Program Voting 10-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Absent Mayor Mevera E Oberndorf January 22, 2002 1 AN ORDINANCE TO TRANSFER $173,683 2 FROM THE GENERAL FUND RESERVE FOR 3 CONTINGENCIES TO THE FY 2001-02 4 OPERATING BUDGET OF REVENUE 5 REIMBURSEMENTS TO FUND REAL ESTATE 6 TAX RELIEF 7 WHEREAS, program participation in the Real Estate Tax 8 Relief Program unexpectedly increased in FY 2001-02, creating a 9 $173,683 deficit in the Revenue Reimbursement appropriation. 10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA: 12 That $173,683 is hereby transferred from the General Fund 13 Reserve for Contingencies to the FY 2001-02 Operating Budget of 14 Revenue Reimbursements to fully fund the Real Estate Tax Relief 15 Program. 16 Adopted by the Council of the City of Virginia Beach, 17 Virginia, on the 22 day of January , 2002. CA -8358 F:\noncode\REtaxreliefprogram.ord December 28, 2001 R2 APPROVED AS TO CONTENT: CV;r(, CtLN)ljt) Management Services APPROVED AS TO LEGAL SUFFICIENCY: Department o /haw Item V -J. PLANNING 1. ROBERT A. CONA WA Y 2. STEPHEN KNIGHT 3. WEST NECK PROPERTIES 4. SALT MEADOW BAY, LLC - 34 - ITEM # 49220 VARIANCE VARIANCE VARIANCE CHANGE OF ZONING CONDITIONAL USE PERMIT STREET CLOSURE CONDITIONAL CHANGE OF ZONING CHANGE OF ZONING 5. BIL -MAR CONST. LTD. CONDITIONAL USE PERMIT 6. FRANK DOCZI CONDITIONAL USE PERMIT 7. SHAHPOR MAHGEREFTEH CONDITIONAL USE PERMIT 8. PRINCESSBORO DEVELOPMENT CONDITIONAL USE PERMIT COMPANY, INCORPORATED January 22, 2002 1 - 35 - Item V -J. PLANNING ITEM # 49221 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council APPROVED in ONE MOTION Items 1, 3 (DEFER), 4, 5 (DEFER), 6, 8 (DEFER) and 9 . Item 3 was DEFERRED, BY CONSENT, until the City Council Session of February 5, 2002 Item 5 was DEFERRED, BY CONSENT, until the City Council Session of February 12, 2002 Item 8 was DEFERRED, BY CONSENT, until the City Council Session of March 26, 2002 Voting 10-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Absent Mayor Meyera E Oberndorf Council Lady McClanan voted a VERBAL NAY on Item J 4 (Salt Meadow) Council Lady Henley VERBALLY DISCLOSED AND ABSTAINED, Re Item J 6 (Frank Doczi) Pursuant to Section 2 2-3114(E), Code of Virginia that she is a partial owner of property located adjacent to the applicant's property at 1613 Pleasant Ridge Road The City Attorney has advised her that she is required to disclose her personal interest as it meets the criteria of a personal interest in the transaction under the Conflict of Interests Act, and that she is disqualified from participation in this transaction Council Lady Henley's letter of December 18, 2001, is hereby made a part of the record January 22, 2002 1 - 36 - Item V -J.1. PLANNING ITEM # 49222 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council APPROVED the application ofROBERTA. CONAWAY for a Variance to § 4 4(d) of the Subdivision Ordinance that requires all newly created lots have direct access to a public street Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision forRobertA Conaway Property is located at 2005 Peninsula Road (GPIN #1499-78-1197) DISTRICT 5 - LYNNHAVEN The following condition shall be required 1 All conditions of the CBPA variance granted on October22, 2001, are deemed to be conditions of this subdivision ordinance Voting 10-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Absent Mayor Meyera E Oberndorf January 22, 2002 1 - 37 - Item V -J.2. PLANNING ITEM # 49223 Robert Taliaferro, 321 Cleveland Place, Phone 490-1691, land surveyor, represented the applicant Attorney Bryan Plumlee, 4205 Columbus Street, Phone 518-5615, represented adjacent property owners Opposed to the Variance (Mr And Mrs Teach) Upon motion by Councilman Branch, seconded by Councilman Harrison, City Council APPROVED the application of STEPHEN KNIGHT for a Variance to § 4 4(d) of the Subdivision Ordinance that requires all newly created lots have direct access to a public street Appeal to Decisions ofAdministrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Stephen Knight Property is located at 1525 General Booth Boulevard (GPIN #2415-46-9321) DISTRICT 6 - BEACH The following conditions shall be required 1 The following note must be provided on the final plat "Lots 1 and 2 shall have no access to Teach Lane (20 foot wide private road) If Lot 3 is ever redeveloped for commercial use, access to Teach Lane (20 foot wide private road) shall not be permitted " 2 Prior to recordation of the final plat, the applicant shall provide a utility and access plan for approval by the Development Services Center showing appropriate ingress and egress, water, sewer and drainage easements for Lots 1, 2 and 3 Voting 10-0 Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Absent Mayor Meyera E Oberndorf Councilman Jones DISCLOSED he leases property to BOTH Management City Attorney Macali advised the applicant informed Councilman Jones BOTH, Inc is not one of his companies His Golden Corral is the only separate franchisee from that market, therefore is no conflict of interest January 22, 2002 -38 - Item V -J.3. PLANNING ITEM # 49224 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council DEFERRED to the City Council Session of February 5, 2002, applications of WEST NECK PROPERTIES, INC. for a Variance to .S 4 4(b) of the Subdivision Ordinance re the thirty (30) foot minimum pavement width for interior streets, and Ordinances for a Conditional Change of Zoning and Conditional Use Permit AND, Appeal to Decisions ofAdministrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for West Neck Properties, Inc , a Virginia corporation Parcel is located at 3132 West Neck Road (GPIN #2403-21-1935, #2403-21-0241) DISTRICT 7 - PRINCESS ANNE ORDINANCE UPON APPLICATION OF WEST NECK PROPERTIES, INC , A VIRGINIA CORPORATION, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG -1 AND AG -2 TO CONDITIONAL R-15 RESIDENTIAL DISTRICT An Ordinance upon Application of West Neck Properties, Inc , a Virginia corporation, for a Change of Zoning District Classification from AG -1 and AG -2 Agricultural Districts to Conditional R-15 Residential District at the northwest corner of West Neck Road and Indian River Road (GPIN #2403- 21-1935, #2403-21-0241) The proposed zoning classification to Conditional R-15 is for single family residential land use on lots no less than 15,000 square feet This site is located in the Transition Area as defined in the Comprehensive Plan The Comprehensive Plan recommends use of this parcel for appropriate growth opportunities, consistent with the economic vitality policies of Virginia Beach Said parcel is located at 3132 West Neck Road and contains 87 215 acres more or less DISTRICT 7 - PRINCESS ANNE ORDINANCE UPON APPLICATION OF WEST NECK PROPERTIES, INC , A VIRGINIA CORPORATION, FOR A CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION Ordinance upon Application of West Neck Properties, Inc , a Virginia corporation, for a Conditional Use Permit for Open Space Promotion at the northeast corner of West Neck Road and Indian River Road (GPIN #2403- 21-1935, #2403-21-0241) Said parcel is located at 3132 West Neck Road and contains 87 215 acres DISTRICT 7 - PRINCESS ANNE Voting 10-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Absent Mayor Meyera E Oberndorf January 22, 2002 - 39 - Item V J.4. PLANNING ITEM # 49225 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council APPROVED applications of SALT MEADOW BAY, LLC Discontinuance, Closure and Abandonment of a portion of Barberton Drive (formerly Woodland Street), Modification ofProffers on a Conditional Change of Zoning District Classification approved by City Council on June 12, 2001, from R-7.5 Residential and B-2 Community Business to A-36 Apartment, and, a Conditional Change of Zoning from R-7.5 Residential to Conditional A-36 Apartment Ordinance upon Application of Salt Meadow Bay, LLC, for the discontinuance, closure and abandonment of a portion of Barberton Drive beginning at the northern boundary of South Oriole Drive and running in a northerly direction a distance of 200 feet Said parcel is 50 feet in width and contains 10,000 square feet DISTRICT 6 - BEACH The following conditions shall be required A N D, 1 The City Attorney 's Office will make the final determination regarding ownership of the underlying fee The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City 's Interest in Streets Pursuant to Street Closures," approved by City Council Copies of the policy are available in the Planning Department 2 The applicant is required to resubdivde the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels The plat must be submitted and approved for recordation prior to final street closure approval 3 The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure If private utilities do exist, easements satisfactory to the utility companies, must be provided 4 Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void Ordinance upon Application of Salt Meadow Bay, LLC, for a Modification of Proffers placed on a rezoning from R-7 5 Residential District and B-2 Community Business District to A-36 Apartment District and approved by City Council on June 12, 2001 Parcels are located on the south side of Laskin Road, 1000 feet more or less east of South Oriole Drive (GPIN Numbers 2418-81-0362, 2418-81-1052, 2418-71-9024, 2418-80-3710, 2418- 80-3658, 2418-80-1519, 2418-80-2564, 2418-80-9465, 2418-80-9101, 2418- 80-9311, 2418-80-4448, 2418-80-1196, 2418-80-3304, 2418-80-0020, 2418- 80-8377, 2418-70-8769, 2418-70-8730, 2418-70-8614, 2418-70-7566, 2418- 70-7590, 2418-70-7470 and 2418-70-5597) DISTRICT 6 - BEACH 1 Modification provides for an improved layout of the site and buildings and does not result in any additional density January 22, 2002 - 40 - Item V -J.4. PLANNING ITEM # 49225 (Continued) A N D, ORDINANCE UPON APPLICATION OF SALT MEADOW BAY, LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7 5 RESIDENTIAL DISTRICT TO CONDITIONAL A-36 APARTMENT DISTRICT ZO1021216 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Salt Meadow Bay, LLC for a Change of Zoning District Classification from R-7 5 Residential Distract to Conditional A-36 Apartment District on Lots 3, 4, 5, 6 and 8, Block 8, Bean Garden, located at the northwest corner of Barberton Drive and South Oriole Drive and a (GPIN #2418-70-6337, #2418-70-7312, #2418-70-7470, #2418-70- 7437) The proposed zoning classification change to Conditional A-36 is for multifamily land use at a density no greater than 36 dwelling units per acre The Comprehensive Plan recommends use of this parcel for suburban residential/medium and high density at densities that are compatible with townhouse and multi family use in accordance with other Plan policies Said parcels contain 47,500 square feet DISTRICT 6 - BEACH The following condition shall be required 1 An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of January, Two Thousand Two Voting 9-1 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay Nancy K Parker Council Members Absent Mayor Meyera E Oberndorf January 22, 2002 ORDINANCE NO: IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS A PORTION OF BARBERTON DRIVE AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "STREET CLOSURE PLAT OF A PORTION OF BARBERTON DRIVE, VIRGINIA BEACH, VIRGINIA" WHICH PLAT IS ATTACHED HERETO. WHEREAS, on January 22, 2002, Salt Meadow Bay, L.L.C. has applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter descnbed street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said streets be discontinued, closed, and vacated, subject to certain conditions having been met on or before January 21, 2003. NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter descnbed streets be discontinued, closed, and vacated, subject to certain conditions being met on or before January 21, 2003: A portion of Barberton Drive BEGINNING AT A POINT WHERE THE WESTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE (FORMERLY WOODLAND STREET) INTERSECTS WITH THE NORTHERN RIGHT-OF-WAY LINE OF SOUTH ORIOLE DRIVE AS SHOWN ON THE PLAT OF BEAN GARDEN RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH IN MAP BOOK 16, PAGE 53, THENCE NORTHERLY ALONG THE WESTERN LINE OF BARBERTON DRIVE N 24° 41'34" E, A DISTANCE OF 200.00', THENCE S 65° 18' 26" E, A DISTANCE OF 50.00' TO A POINT ON THE EASTERN RIGHT-OF-WAY LINE OF BARBERTON DRIVE, THENCE SOUTHERLY ALONG THE EASTERN LINE OF BARBERTON DRIVE S 24° 41' 34" W, A DISTANCE OF 200 00' TO A POINT ON THE NORTHERN RIGHT-OF-WAY LINE OF SOUTH ORIOLE DRIVE; THENCE N 65° 18' 26" W, A DISTANCE OF 50.00' TO A POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING AN AREA OF 10,000 SQUARE FEET. Said portion of the street to be closed is shown as the cross -hatched area on that certain plat entitled: "STREET CLOSURE PLAT OF A PORTION OF BARBERTON DRIVE, VIRGINIA BEACH, VIRGINIA," dated October 5, 2001, prepared by M SA, P.C., which plat is attached hereto as Exhibit A. GPIN: SECTION II The following conditions must be met on or before January 21, 2003: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation pnor to final street closure approval. 3. The applicant is required to verify that no pnvate utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and a final plat is not approved within one year of the City Council's vote to close the roadway, this approval shall be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before January 21, 2003, this Ordinance will be deemed null and void without further action by the City Council. 2. If all preceding conditions are met on or before January 21, 2003, this Ordinance shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and the street will be deemed closed. SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH, as "Grantor." LOT 2 BLOCK 8 "BEAN GARDEN" (MB 16, PG 53) CP/N 2418-70-7590 LOT BLOCK 8 "BEAN GARDE/V" (M8 16, PG 53) GP/N 2418-70-74,37 LOT 4 BLOCK 8 "BEAN GARDEN" (MB 76, PG 53) CP/N 2418-70-7470 LOTS 5&6 BLOCK 8 -----------"BEAN "BEAN GARDEN"__ 018 16, PG 53) GP/N.• 2418-70-7312 N 0 0 0 Q\� /N65'18'26" W 50.00' S65'18'26"E / X50.00' 3,172, Lt.-17ZN LOTS 1&2 BLOCK 3 "BEAN GARDEN" (MB 16, PG 53) CP/N• 2418-70-9465 0 0 0 LOT BLOCK 'BEAN GARDFN " 018 16, PG 53) GP/N•2418— 7G-9121 N.) LOTS 4&5 BLOCKS GARDEN"--------- - 0/46 16, PG 53) GP/N. 2478-70-9311 SOUTH OR/OLE OR/VE (30' R/W% JOB# 96038 ZONED. N/A i LOT 6 BLOCK 3 'BEAN GARDEN" (MB 16, PG 53) GP/N.• 2418-70-8277 PORT/ON OF SOC 'TH OR/OLE OR/VE CLOSED BY C,"TY COUNC/L JUNE 12, 2001 CROSS—HATCHED AREA DENOTES PORTION OF BARBERTON DR. TO BE CLOSED. AREA = 10,000 SQ. FT. STREET CLOSURE PLAT OF ,4 POR T/ON OF BARBERTON DR/ VE VIRGINIA BEACH, VIRGINIA MSA, P.C. Landscape Design • Planning Surveying Engineering • Environmental Sciences 5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708 PHONE (757) 490-9264 • FAX (757) 490-0634 PLAT RECORDED IN DATE: 10/05/01 rscALE. 1"=40' 1 DWN BY. MAS 1 KAP 1s Pr. �- 1 January Adopted by the Council of the City of Virginia Beach, Virginia, on this 22 day of , 2002. CA -8057 02/22/01 F \Data\ATY\Forms\Deeds\STCLOSU\WORKING\ca8297 ord APPROVED AS TO CONTENT. 04 14 g.--02. Plann"it llepartment APPROVED AS TO LEGAL SIENCY City Attorney ;RM NO P 5 1B IArigi : j!.?' 1, City of Virrgiriia Beach II' ts 07OUR N11' • 4 In Reply Refer To Our File No. DF -5508 INTER -OFFICE CORRESPONDENCE DATE: January 16, 2002 TO: Leslie L. Lilley DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application Salt Meadow Bay, L.L.C. The above -referenced conditional zoning application is scheduled to be heard by the City Council on January 22, 2002. I have reviewed the subject proffer agreement, dated November 2, 2001, 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. BKW Enclosure 1 This Document Prepared by: Fine, Fine, Legum & Fine, P.A. THIS AGREEMENT made this 2"d day of November, 2001, by and between Salt Meadow Bay, L.L.C., Property Owner/Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, Property Owner is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, more particularly described as follows: Block 1, Lots 1-22 Block 2, Lots 1-13 Block 3, Lots 1-11, and 13, 15, 17, 19, 21, and 23 Block 4, lots 1-3 and 7-18 Block 8, Lots 1-9, 11, 13, 15, 11, 19 Block 9, Lots 1-19 Portion of Barberton Drive (formerly Woodland Avenue) vacated upon relocation of Barberton Drive. Streets to be closed, Bean Avenue, South Barberton Drive, eastern most portion of S. Oriole Drive, and northern most potion of Barberton Drive, and an additional portion of Barberton Drive just north of S. Oriole Drive, title to which will vest in Salt Meadow Bay L.L.C. said property hereinafter referred 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 Residential District and B-2 Commercial Business District to Conditional A-36; and WHEREAS, grantor hereby initiates this modification of the proffers approved by the Virginia Beach City Council on June 12, 2001 and recorded at DB 4440, PG 0708; and GPIN/ACCT. NOS. 24187086140000, 24187087300000, 24187087690000, 24187094210000 24187094650000, 24187080150000, 24187190240000, 24188110520000, 24188037100000 24188036580000, 24188015190000, 24188025640000, 24188044480000, 24187074700000 24188033040000, 24188011960000, 24188000200000, 24187083770000, 24187093110000 24187091010000, 24187075900000, 24187075660000, 24187055970000, 24187063370000 24187031200000, 24187074700000, 24187074370000 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 aclmowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and 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 with respect to the Property, 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 the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, their 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 progm 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 Grantors, their successors, personal representatives, assigns, Grantees, and other successors in interest or title. It is stated that these enumerated and modified proffers that follow replace all of the proffers recorded in DB 4440, PG 0708; 1. The project shall be developed substantially as shown on the site plan entitled "Conceptual Site Layout of Village of Salt Meadow Bay at Laskin" prepared by MSA, P.C. dated November 2, 2001, which has been exhibited to the Department of Planning (hereinafter "Concept Plan"). 2. The project shall be landscaped substantially as shown on the landscape plan entitled "Conceptual Landscape Plan , drawing numbers R 1-2" prepared by Terra Earth Friendly Designs dated November 2, 2001 which has been exhibited to the Department of Planning (hereinafter "Landscape Plan"). 3. The project shall not exceed 282 units with a density of 23.63 units per acre outside of water and wetlands. 4. The height of buildings identified on the Concept Plan as Building 1, Building 2, Building 3, and Building 4 shall not exceed 86 feet. 5. Only outdoor uses such as recreation areas, garages, parking and nghts-of- way shall be placed in the Accident Potential Zone 2 as depicted on the Concept Plan. 6. The exterior design, material, and colors of Building 1, Building 2, Building 3, and Building 4 and the Site Entry shall adhere to the elevations shown on the exhibit entitled "Site Entry Elevation and Building Elevation, Village of Salt Meadow Bay at Laskin," prepared by CMSS Architects, P.C., dated 4-4-01, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). 7. The recreation building and the one story garages and carports will be wood frame construction with residential detailing to match the building elevation. Roofs to be pitched with gable ends. Finish materials to be asphalt shingles, vinyl siding with wood trim and brick accents. Colors to match the main buildings. Doors and windows to be residential style to match main building. Partial elevations of the garages and carports have been prepared by CMSS Archiitects, PC dated October 29, 2001 which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning. 8. As depicted on the site plan, at the entrance to the property on Laskin Road, the grantor will dedicate a 2.2 acre perpetual landscape/scenic easement in a form acceptable to the City Attorney for the purpose of preserving the scenic vistas of the Laskin Road corridor at Linkhorn Bay and its transition to the Oceanfront area as specifically requested in the Virginia Beach Outdoors Plan — 2000 Update. 9. The building envelope (exterior walls, roof system and exposed floor at garage level) will be designed in accordance with industry standard, sound reduction construction materials and techniques. Installation of these exterior elements will be in accordance with accepted sound reduction construction practice. All acoustic related items will be evaluated by an experienced architectural acoustic consultant prior to the construction document phase of this project. Acoustical data and details will be forwarded to the City of Virginia Beach for review. 10. Grantor will construct a means of ingress and egress from Saltn adow Bay to Beach Garden Park in the area depicted on the site plan. Grantor commits to maintaining a 25', perimeter area along the fence between Beach Garden Park and Saltmeadow Bay. Grantor will install signs approved by Parks and Recreation along the direct path route to Ocean Walk at 200' intervals 11. Further conditions may be required by the GRANTEE during detailed 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 changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive unplementation of a new or substantially revised Zomng 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 such instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The 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 to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. WITNESS the following signatures and seals: GRANTOR: SALT MEADOW BAY L //Midi fro Andrew S. Fine Michael J. B STATE OF VIRGINIA/7 CITY OF j4i_irk ; to -wit: I, I t# v4 £ yifnfmn , a Notary Public in and for the City and State aforesaid, do hereby certify that Andrew S. Fine , whose name is signed to the foregoing instrument dated the 2nd day of November, 2001, did personally appear before me in my City and State aforesaid and acknowledge the same to me. GIVEN under my hand and seal this 3rd day of October, 2001. My commission expires: 0405— pot .AL Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, /JjIs)i1 �( j►/'�/'� , a Notary Public in and for the City and State aforesaid, do hereby certify t Michael J. Barrett whose name is signed to the foregoing instrument dated the 2nd day of November, 2001, did personally appear before me in my City and State aforesaid and acknowledge the same to me. GIVEN under my hand and seal this 3rd day of November, 2001. OA - rotary Public My commission expires: _/i/la.hric"'" OA - 1 Item V -J.5. PLANNING - 41 - ITEM # 49226 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council DEFERRED to February 12, 2002, Ordinance upon application of BIL -MAR CONST. LTD for a Conditional Use Permit ORDINANCE UPON APPLICATION OF BIL -MAR CONST LTD FOR A CONDITIONAL USE PERMIT FOR SENIOR AND DISABLED PERSONS Ordinance upon Application of Bil-Mar Const LTD for a Conditional Use Permit for housing for senior and disabled persons on certain property located at the northwest extremity of Oconee Avenue (GPIN #1497-76- 3201) Said parcel contains 5 25 acres DISTRICT 6 - BEACH Voting 10-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Absent Mayor Meyera E Oberndorf January 22, 2002 1 - 42 - Item V -J.6. PLANNING ITEM # 49227 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council ADOPTED Ordinance upon application of FRANK DOCZI for a Conditional Use Permit ORDINANCE UPON APPLICATION OF FRANK DOCZI FOR A CONDITIONAL USE PERMIT FOR A RIDING ACADEMY AND BOARDING HORSES R01023104 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Frank Doczi for a Conditional Use Permit for a riding academy and boarding horses at the southwest intersection of Pleasant Ridge Road and Charity Neck Road (GPIN #2411-58-8925) Said parcel 15 located at 1613 Pleasant Ridge Road and contains 20 2 acres DISTRICT 7 - PRINCESS ANNE The following conditions shall be required 1 No more than 21 horses shall be permitted to board on the site 2 All buildings housing animals and all corrals in which animals are kept or assembled in concentrated groups shall be at least one hundred feet from any property line 3 Buildings shall be constructed as shown on the elevations entitled, "Elevations for 1613 Pleasant Ridge Road, Virginia Beach, VA" by MSA, P C which have been exhibited to City Council and are on file with the Planning Department 4 The fence along the street frontage shall be a four foot (4 ft) high white tri -rail vinyl fence, The fence shall be set back at the intersection of Charity Neck Road and Pleasant Ridge Road to insure an adequate visibility triangle as described in Section 201(f) of the City Zoning Ordinance 5 The freestanding sign shall be monument style and no taller than eight feet 6 Access road shall be constructed to accommodate both the size and weight of emergency vehicle apparatus Road surfaces shall be capable of supporting an imposed load of 75,000 pounds Adequate turning radii and turnaround space shall be provided for emergency vehicle ingress and egress to all structures on the property 7 On-site parking shall be provided for 18 vehicles 8 Health Department approval of the septic system shall be required before construction of any facilities or boarding of horses 9 Hours of operation for outdoor horse shows shall be limited to 7 00 am to 9 00 pm 10 Members of the public shall not be permitted to rent or hire the horses on-site 11 No outdoor speakers or paging systems shall be permitted 12 Access to the facility shall be located adjacent to the western property line on Pleasant Ridge Road and configured to preserve as many of the trees in that location as possible Trees located between the access road and Pleasant Ridge Road may be removed as needed to insure adequate sight distance visibility at the intersection January 22, 2002 1 - 43 - Item V -J.6. PLANNING ITEM # 49227 (Continued) This Ordinance shall be effective in accordance with Section 107 (I) of the Zoning Ordinance Adopted by the Council of the City of Virginia Beach, Virginia, on The twenty-second of January, Two Thousand Two Voting 9-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Abstaining Barbara M Henley Council Members Absent Mayor Meyera E Oberndorf Council Lady Henley DISCLOSED and ABSTAINED, Pursuant to Section 2 2-3114(E), Code of Virginia that she is a partial owner of property located adjacent to the applicant 's property at 1613 Pleasant Ridge Road The City Attorney has advised her that she is required to disclose her personal interest as it meets the criteria of a personal interest in the transaction under the Conflict of Interests Act, and that she is disqualified from participation in this transaction Council Lady Henley's letter of December 18, 2001, is hereby made a part of the record January 22, 2002 - 44 - Item V -J.7. PLANNING ITEM # 49228 Attorney R Edward Bourdon, Phone 499-8971, represented the applicant Shahpor Mahgerefteh, advised the maximum number of cars parked and for sale would be fifty (50) Al Wallace, 4601 Chippendale Court 23455, Phone 497-2187, resident of Haygood Point, registered in OPPOSITION and requested Deferral to allow traffic engineers to review closing of entrance on Crossborough and allowing staff review of landscaping on Crossborough A dense hedge is preferred Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED Ordinance upon application of SHAHPOR MAHGEREFTEH for a Conditional Use Permit for motor vehicle sales ORDINANCE UPON APPLICATION OF SHAHPOR MAHGEREFTEH FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES RO1023105 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA An Ordinance upon Application of Shahpor Mahgerefteh for a Conditional Use Permit for motor vehicle sales at the northeast corner of Haygood Road and Crossborough Road (GPIN #1478-15-0073) Said parcel is located at 4880 Haygood Road and contains 39,988 square feet DISTRICT 4 - BAYSIDE The following conditions shall be required I A formal site plan shall be submitted to the Planning Department Development Services Center for site plan review before occupancy of the building The site plan shall identify designated vehicle display areas and parking spaces as required by the City Zoning Ordinance The parking lot shall be striped in accordance with the approved plan The site plan shall also meet all requirements for landscaping in the Zoning and Site Plan Ordinances If necessary, the required foundation landscaping shall be permitted in planter boxes along the front and side of the building Any unimproved areas shall be maintained with a grassed lawn 2 The wooden fence, storage trailer, and any other outside storage on the property shall be removed No outside storage of parts, equipment, materials or wrecked or inoperative vehicles shall be permitted 3 The nonconforming freestanding sign shall be removed or altered to conform to current sign regulations of the City Zoning Ordinance All signage on the site must be in accordance with sign regulations outlined in the City Zoning Ordinance 4 No vehicles shall be parked within any portion of the public right- of-way Vehicles for display shall be at least five feet (5 ft) from the right-of-way and shall be parked in the designated display areas only Vehicles shall not be displayed on ramps, berms or other elevating devices 5 No vehicle repair shall be permitted on the site 6 No outside paging system shall be permitted 7 Hours of operation shall be between 8 00 am and 9 00 pm 8 The building trim shall be painted white or an earth tone color 9 Only one entrance will be permitted on Haygood Road Entrances shall be no larger than 30 feet wide at the property line January 22, 2002 1 - 45 - Item V -J.7. PLANNING ITEM # 49228 (Continued) 10 Applicant shall extend the existing sidewalk within the public right-of-way or Crossborough Road, from its terminus at the northern boundary of the subject property to Haygood Road 11 Applicant shall plant and maintain a hedgerow meeting the City's Category I Landscape Buffer Specifications along the property's frontage on Crossborough Road and along that portion of the northern boundary of the property which lies west of the existing self storage buildings on the adjacent property The buffer will include the same species of trees utilized on the adjacent self storage facility This Ordinance shall be effective in accordance with Section 107 (f of the Zoning Ordinance Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of January, Two Thousand Two Voting 9-1 Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay Reba S McClanan Council Members Absent Mayor Meyera E Oberndorf January 22, 2002 1 - 46 - Item V -J.8. PLANNING ITEM # 49229 Upon motion by Councilman Harrison, seconded by Councilman Mandigo, City Council DEFERRED to the City Council Session of March 26, 2002, Ordinance upon application of PRINCESSBORO DEVELOPMENT COMPANY, INCORPORATED re a Conditional Use Permit for ORDINANCE UPON APPLICATION OF PRINCESSBORO DEVELOPMENT COMPANY, INCORPORATED FOR A CONDITIONAL USE PERMIT Ordinance upon Application of Princessboro Development Company, Incorporated for a Conditional Use Permit for a borrow pit on the south side of Sandbridge Road, 720 feet more or less east of Princess Anne Road (GPIN#2414-31-4249, #2414-22-4025) Said parcel contains 64 911 acres DISTRICT 7 - PRINCESS ANNE Voting 10-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Absent Mayor Meyera E Oberndorf January 22, 2002 1 - 47 - Item V -J.9. PLANNING ITEM # 49230 Upon motion by Councilman Harrison, seconded by Councilman Mandigo City Council ADOPTED: Ordinance to AMEND § § 1405 and 1605 of the City Zoning Ordinance (CZO) re Public Hearing procedure on permit applications for the Wetlands Zoning Ordinance and the Coastal Primary Sand Dune Zoning Ordinance Voting 10-0 (By Consent) Council Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr , Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C Mandigo, Jr , Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson Council Members Voting Nay None Council Members Absent Mayor Mevera E Oberndorf January 22, 2002 1 AN ORDINANCE TO AMEND THE CITY ZONING 2 ORDINANCE PERTAINING TO PUBLIC HEARING 3 PROCEDURE ON PERMIT APPLICATIONS FOR THE 4 WETLANDS ZONING ORDINANCE AND THE COASTAL 5 PRIMARY SAND DUNE ZONING ORDINANCE 6 SECTIONS AMENDED: CZO §§ 1405 AND 1605 7 WHEREAS, the public necessity, convenience, general welfare 8 and good zoning practice so require; 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Sections 1405 and 1605 of the City Zoning Ordinance is 12 hereby amended and reordained to read as follows: 13 WETLANDS ZONING ORDINANCE 14 Sec. 1405. Public hearing procedure on permit applications. 15 Not later than sixty (60) days after receipt of a complete 16 application, the Wetlands Board shall hold a public hearing on such 17 application. The applicant, the city council, the commissioner, the 18 owner of record of any land adjacent to the wetlands in question, 19 known claimants of water rights in or adjacent to the wetlands in 20 question, the Virginia Institute of Marine Science, the Department 21 of Game and Inland Fisheries, the Virginia Water Control Board, the 22 Department of Transportation and any governmental agencies 23 expressing an interest therein shall be notified of the hearing. 24 The Board shall mail such notices not less than twenty (20) days 25 prior to the date set for the hearing. The Board shall also cause 26 notice of the hearing to be published at least once a week for two 27 (2) weeks prior to such hearing in a newspaper of general 28 circulation in the City of Virginia Beach. The published notice 29 shall state that copies of the application may be examined in the 30 planning department. The costs of such publication shall be paid by 31 the applicant. The applicant shall also erect, on the property 32 which is the subject of the hearing, a sign of a size, type and 33 lettering approved by the board. One such sign shall be posted 34 within ten (10) feet of every public street adjoining the property, 35 and within ten (10) feet of any body of water or waterway less than 36 five hundred (500) feet wide adjoining the property or in such 37 alternate location or locations as may be prescribed by the 38 planning director. Such sign shall be erected not less than 39 fifteen (15) days before the Wetlands Board hearing and shall state 40 the nature of the application and date and time of the hearing. 41 Such signs shall be removed no later than five (5) days thereafter. 42 In any case in which the Wetlands Board determines that the 43 requirements of this section have not been met, the application 44 shall be deferred or denied. 45 COASTAL PRIMARY SAND DUNE ZONING ORDINANCE 46 Sec. 1605. Public hearing procedure on permit applications. 47 Not later than sixty (60) days after receipt of a complete 48 application, the Wetlands Board shall hold a public hearing on the 49 application. The applicant, city council, commissioner, owner of 50 record of any land adjacent to the coastal primary sand dunes in 51 question, the Virginia Institute of Marine Science, the Department 52 of Game and Inland Fisheries, the State Water Control Board, the 53 Department of Transportation and any governmental agency expressing 54 an interest in the application shall be notified of the hearing. 55 The Board shall mail these notices not less than twenty (20) days 56 prior to the date set for the hearing. The Board shall also cause 57 notice of the hearing to be published at least once a week for two 58 (2) weeks prior to such hearing in the newspaper having a general 59 circulation in the City of Virginia Beach. The costs of publication 60 shall be paid by the applicant. The applicant shall also erect, on 61 the property which is the subject of the hearing, a sign of a size, 62 type and lettering approved by the board. One such sign shall be 63 posted within ten (10) feet of every public street adjoining the 64 property, and within ten (10) feet of any body of water or waterway 65 less than five hundred (500) feet wide adjoining the property or in 66 such alternate location or locations as may be prescribed by the 67 planning director. Such sign shall be erected not less than 2 68 fifteen (15) days before the Wetlands Board hearing and shall state 69 the nature of the application and date and time of the hearing. 70 Such signs shall be removed no later than five (5) days thereafter. 71 In any case in which the Wetlands Board determines that the 72 requirements of this section have not been met, the application 73 shall be deferred or denied. 74 Adopted by the City Council of the City of Virginia Beach, 75 Virginia, on this 22nd day of January, 2002. 76 77 CA -8316 78 DATA/ORDIN/PROPOSED/czo1405-1605ord.wpd 79 R2 80 November 15, 2001 3 - 48 - Item V -K.1. APPOINTMENTS ITEM # 49231 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT DEVELOPMENT AUTHORITY January 22, 2002 - 49 - Item V -M.1. NEW BUSINESS ITEM # 49232 CITY CLERK TO RECORD, BY CONSENSUS, ABSTRACT OF CIVIL CASES RESOLVED - December 2001. January 22, 2002 - 50 - Item V -N. ADJOURNMENT ITEM # 49233 Vice Mayor William D Sessoms, Jr DECLARED the City Council Meeting ADJOURNED at 7:35 P.M. Beverly 0 Hooks, CMC William D Sessoms, Jr Chief Deputy City Clerk Vice Mayor uth Hodges Smith, MMC Meyera E Oberndorf City Clerk Mayor City of Virginia Beach Virginia January 22, 2002