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Home My WebLink AboutDECEMBER 3, 2002 MINUTES City of Virginia Beach "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORf: At-Large VICE MAYOR LOUIS R. JONES, Bayside _ District 4 MARGARET L. EURE, Centerville - Distrirt J RHBA S. Mc('I.ANAN, Rose Hall - fJistricl 3 R/(_'HAIWA. MA[)[)OX, Hcach-Dixlrict6 JIM RhEVJ;", Princess Anne _ IJislr;cl 7 PETER W S('HM/J)7~ At-I,urge RON A. VIUANU/YA, At-I,arge ROSHMARY Wff,SON. Af-Large .lAME}; L WOOf), !,ynnhaven .j)islric/ 5 CITY COUNCIL AGENDA CI1Y HAL!- BUILDING I 2401 COURTHOUSE DR/VE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE: (757) 427-430] FAX (757) 426-5669 EMA/L:Ctycncl@vbgov.com JAMHS K. SI'OlU:", elly Manager LH,\TIli /" LILlEY, City Attorney RrfTH f{(}DCillS SMITH, MMC, (,'ityClerk December 3, 2002 I. CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING - Building 19 - 2:30 PM A. FIVE YEAR FORECAST Catheryn Whitesell, Director, Department of Management Services Vicki Lewis, Chief Financial Officer, Virginia Beach City Public Schools II. REVIEW OF AGENDA ITEMS - Conference Room - 4:00 PM III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Stanley W. Sawyer All Saints Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS November 26, 2002 G. AGENDA FOR FORMAL SESSION H. PUBLIC COMMENT 1. BEACH MANAGEMENT PLAN I. RESOLUTIONS/ORDINANCES 1. Resolution concurring with a Revenue Bond issuance by the Industrial Development Authority of Mathews County: YMCA Of South Hampton Roads Not to Exceed $3,500,000 2. Resolution re support for formation of CAPE HENRY NATIONAL PARK & VISITOR CENTER 3. Ordinance to APPROPRIATE $1,000,000 from the General Fund and $1,200,000 from the Water and Sewer Enterprise Fund Retained Earnings in FY 2002-03 Capital Budget re additional funding for radio purchases to upgrade the communication system for Police, Fire and EMS as well as various non public safety agencies. 4. Ordinance to APPROPRIATE $11,711 additional HOME Program revenue from the United States Department of Housing and Urban Development (HUD) to the Department of Housing and Neighborhood Preservation FY 2002-03 Operating Budget for HOME approved rehabilitation loans and citizen grants. J. PLANNING 1. Application of AMERICAN PARKING SOLUTIONS, LTD. for a Conditional Use Permit re bulk storage of motor vehicles at the east side of Military Highway and Alexandria Lane (600 Block of S. Military Highway) containing 48 acres. (DISTRICT 2 - KEMPSVILLE) Deferred: Recommendation: November 26, 2002 APPROVAL 2. Application ofMT. OLIVE BAPTIST CHURCH for a Conditional Use Permit re a church (parking lot expansion) at Birdneck Road, south of 19th Street (310 North Birdneck Road) containing 1.80 acres. (DISTRICT 6 - BEACH) Recommendation: APPROVAL 3. Application of TRITON PCS/SUNCOM for a Conditional Use Permit re a communication tower south of the intersection of Snow Goose Lane and Hawks Nest Way, north ofInterstate 264 (1400 Snow Goose Lane) containing 11.69 acres. (DISTRICT 5 - L YNNHA VEN) Recommendation: APPROVAL 4. Application of TYRONE HART for a Conditional Use Permit re a church to share two (2) suites in a retail center with a daycare center at Virginia Beach Boulevard and Toy Avenue (5441 Virginia Beach Boulevard, Suites 116 and 117) containing 2.658 acres. (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL 5. Application of OCEAN TIDE ASSOCIATES, L.L.C. for a Conditional Use Permit re multiple-family dwellings (condominiums) on the north side of Shore Drive, between Sea Shell Road and Urchin Road (2990 Shore Drive) containing 1.03 acres. (DISTRICT 5 -- L YNNHA VEN) Recommendation: APPROVAL 6. Application of SAND BRIDGE COMMUNITY CHAPEL, United Methodist Church for Modification of a Conditional Use Permit (approved November 15, 1984 and October 24, 1988) re the sale of an existing lot on Little Island and Sandpiper Roads, in the vicinity of Bonita Lane (3041 Sandpiper Road and 300 Bonita Lane) containing 1.62 acres. (DISTRICT 7 -- PRINCESS ANNE) Recommendation: APPROVAL 7. Applications ofthe CITY OF VIRGINIA BEACH re a hospital/medical complex (Sentara) and an athletic club for a portion of Recreation Drive at Dam Neck and Princess Anne Roads. DISTRICT 7 - PRINCESS ANNE a. Discontinuance. closure and abandonment containing 2.5455 acres b. Conditional Use Permit containing 45 acres c. Chanf!e ofZoninf! District Classification from P-l Preservation District and R-5D Residential Duplex District to Conditional 0-2 Office District containing 71.74 acres Recommendation: APPROVAL K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE MINORITY BUSINESS COUNCIL PLANNING COMMISSION RESORT ADVISORY COMMISSION VIRGINIA BEACH FOUNDATION VOLUNTEER COUNCIL L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ********** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) * * * * * * * * * * * AGENDA 12/03/02gw 11m"", ~ MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 3 December 2002 Vice Mayor Louis R. Jones, called to order the CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING re FIVE YEAR FORECAST in Building 19 - Human Resources Training, on Tuesday, December 3, 2002, at 2:30 PM. Council Members Present: Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve, Peter W. Schmidt, Rosemary Wilson and James L. Wood Council Members Absent: Margaret L. Eure [Entered: 2:40 PM.] Mayor Meyera E. Oberndorf [Attending National League a/Cities] Richard A. Maddox [Family Vacation] Ron A. Villanueva [Out a/City] School Board Members Present: Jane S. Brooks, Emma L. Davis, A. James DeBellis, Chairman Daniel D. Edwards, Dan R. Lowe, Sandra Smith-Jones, Vice Chairman Neil L. Rose, Michael W. Stewart, Arthur T. Tate, Carolyn D. Weems, and Dr. Lois S. Williams School Board Members Absent: None " - 2- CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING FIVE YEAR FORECAST 2:30 P.M. ITEM # 50494 Catheryn Whitesell, Director - Department of Management Services, advised the Five Year Forecast is designed to project revenues and expenditures over the nextfive (5) years, providing a basis for the policies and discussions of the Annual Operating Budget commencing in April. National Economy The national economy continues to be sluggish The potential for heightened troop deployment due to terrorism and possible War with Iraq There have been 12 interest rate reductions Inflation remains low The Federal budget is in a deficit situation. Currently the Federal Budget is $159-BILLION beyond anticipated revenue State Economy The State Budget requires a third round of reductions to bring it back within revenues Income tax revenues are down and with the sluggish recovery are projected to remain low The State stands to loose 26,500 jobs in 2002 Virginia is not alone, 46 states are struggling to close a budget gap ($38-MILLION) Most states are utilizing a combination of expenditure reductions and revenue increases to close the gap. Virginia has chosen to rely instead on expenditure reductions to close the anticipated shortfall The State will have reduced its adopted budget by $6- to $7-MILLION or five to six limes our total City budget. Approximately one-third of the State's budgetedfunds are derived from such programs as health, education and Constitutional Officers. Funds also come from direct revenues to the CiIy through 599 funds, ABC profits and roadway maintenance funds. Local Economy The local housing market remains strong mirroring national and state trends Tourism remains strong in spite of national downward trends due to safety concerns Residential building permits are up 30% and the value of those permits is up 17% There have been ten (10) straight months of increased employment, although the unemployment rate stands at 3. 7% for August Sales tax revenues are up 7% for the year which is our seventh consecutive month of growth New car registrations are up 8.1% December 3, 2002 , - 3- CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING FIVE YEAR FORECAST ITEM # 50494 (Continued) Overall, these trends indicate the local economy is in-line to make or slightly exceed local revenues for FY 2002-03, however, this is very early in the fiscal year to know for sure. Both Federal and State revenues appear to be lagging their budget estimates, by nearly $2.3-MILLION. However those may be due to delays in posting revenues to the City. Currently, the staff expects these revenues to be below estimates by Ihe end of thefiscal year. Efficiency and Effectiveness Comparisons with other Virginia localities (based on the State Auditor of Public Accounts) Fiscal Stress Index Demand for Government Services Discretionary Spending Analysis. The State Auditor of Public Accounts annually prepares a Per Capital Analysis of Operating Expenditures for all Virginia localities. This report provides insight into the cost of government and allows the city to evaluate itself through bench marking with other localities. As the graphs indicate, Virginia Beach is still well below the state average of other Virginia localities in per capita expenditures for operations and slightly above average on education expenditures. $887 is expended per capita to deliver city services and slightly over $1,200 to provide education. The City now surpasses Henrico and Chesterfield Counties in per pupil expenditures. A few years ago, Virginia Beach lagged behind these two municipalities.. The Commission on Local Government annually publishes the Report on the Comparative Revenue Capacity, Revenue Effort, and Fiscal Stress of Virginia's Counties and Cities. This report looks at the relative fiscal burdens of localities across the state. Of the 135 localities that are included in the report (where 1 is the most stressed and 135 is the lest stressed), Virginia Beach ranks as 55''- The Fiscal Stress index indicates that, as a community, we need to be conscious of the impact taxes have on residents and work to ensure equitable taxing and a strong return on their investment. The Demand for Services Index provides the City with an understanding of the changing needs of the citizens. This index looks at the growth in the usage of nine specific categories that includes police calls, fire calls, rescue calls, library book borrowing; tons of waste collected, recreation class requests, health clinic clients, assisted payment case in Social Services and the student population. The index is adjusted for population and based on the 1980 demand (meaning 1980 is 100% o(demand). Over the twenty-one (21) years, the demand for services has risen when indexed against 1980. As the graph indicates, the highest level of demand occurred in 1995, at an increase of3I. 72%from 1980. This trend indicates that there was in increase in the demandfor servicesfollowing Ihe recession of the early '90's./fthis holds true, there may be another increase in the demand for services as the City comes out of the Recession. For the latest year indexed, FY 2000-01, the growth in demand is 25. 46%from 1980. Relative the Discretionary Spending Analysis, of the $1.2-BILLION City budget, 85.2% is obligated for specific programs and beyond Council's control. These revenues only exist because the program exists. As an example, $1.95 per phone billfor the E-911 communication system is collected. This revenue, by State law, cannot be utilized for any other purpose. Of the remaining 14. 8%, programs, the City funds programs and services such as public safety, trash collection and the maintenance of public facilities. In 2001, the Reason Public Policy Institute ranked Virginia Beach as the eighth most efficient City in America. The City was ranked as No.1 for Police and Library Services. The Syracuse University Governing Magazine Study ranked the City as one of the Top Five financially hest managed communities in the country Perhaps the best test is our citizens' overall satisfaction with government services. Generally, the citizens feel they receive a good return on Iheir investment. December 3, 2002 . - 4- CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING FIVE YEAR FORECAST ITEM # 50494 (Continued) Forecast Considerations There are significant unknowns and potential changes in the economy during the next twelve months The State projects FY 2003-04 deficit of $1.2 to $2.0-BILLION Troop Deployment Levels Service Needs which result from the Recession It is prudent to be conservative in projecting revenues and as realistic as possible in projecting expenses Current Outlook Citywide Given the current level of information, we are projecting an overall $I5.9-MILLION deficit in FY 2003-04 This is a projected deficit and will be eliminated when the Resource Management Plan is presented to Council and the School Board Revenue projectionsfor FY 2002-03 will be updated in February when additional information is available and after the General Assembly has met Balancing the budget may necessitate tough choices - productivity improvements will be pursued, but by themselves will not solve the deficit. As indicated by the graph entitled: General Fund Operations, the cost of city operations is being projected to exceed anticipated revenues over the forecast period. This reflects only City costs and revenues. The Virginia Beach City Schools 'forecast is separate. Local Revenues Over the forecast period, we expect local revenues to grow between 5.7% and 4.6% Real estate tax revenues, while remaining strong, are expected to level off as the housing market cools in the later part of the forecast period Returns on investments in the community... Town Center and 31" Street...are expected to generate $3-MILLION annually once complete City Revenuesfrom State & Federal Governments Federal Revenues are expected to grow at 3% over the forecast period State revenues are expected to decline in FY 2003-04 by at least $3- MILLION (excludes any impact on educational funding) and then begin to increase at historic rates for the remainder of the forecast period December 3, 2002 - 5- CITY COUNCIL AND SCHOOL BOARD JOINT BRIEFING FIVE YEAR FORECAST ITEM # 50494 (Continued) Two major cost drivers are included in the City's forecast: Debt Service and Compensation. As noted by the graph, debt service will increase to a high of IO.54%in FY 2005-2006 and then begin to decline as older debt issues are paid. Personnel costs are also increasing as a percentage of the City's budget. The City has made a commitment to the employees to be the best compensated in the region. Compression is being addressed which has been used by substantial increases in pay ranges over the last seven (7) years. The City is significantly increasing the contribution to the benefit package and moving towards more employee choice. Vicki Lewis, Chief Financial Officer - Virginia Beach City Public Schools, advised the Forecast had been previously presented to the School Board and, therefore, will be only a summarization, which has been included in the report distributed. During the forecast period, student enrollment and state revenues are expected to decline. In the projection period, there have not been any assumptions relative the level of cuts that K-I2 may experiencefor FY 2003-04. Therefore, the stajJis assuming the Governor '.I' budget presented last year will flow into FY 2003-04. These figures will not be available until the end of December, just prior to presentation of the Superintendent's Estimate of Need to the School Board. Department of Defense and Impact Aid funds will remain level throughout the forecast period. Changes are not anticipated in the manner in which these formulas and revenues are calculated. Sales tax is estimated to be increased at 3% a year. The two other bienniums included in this Budget include a 3% increase in overall state funding to education. It is hoped, within the next two years, the State economy will turn around and the State can be back on track with the previous years' historical funding rates. A balanced budget will be presented. The local contribution in the School ',Iforecast has been provided directly by the City's Management Services; therejore, there is no discrepancy in the numbers utilized. There has been no change in other local revenues (approximately $2-MILLlON out of$500-MILLlON). There have been no program additions. There is only one (1) elementary school slated to open during the forecast period, which will encompa,~s twenty (20) to thirty (30) positions. No increase in VRS life or retirement has been assumedjor FY 2003-04, but there is an assumed increase in the years out from there. All other programs have been held at current levels of funding. Basically the School's Five Year Forecast is "status quo" as far as programs. Recommendations Continue the Non-Supplanting of State Funding IdentifY possible revenue sources for new and existing programs Meet commitments to employees on total compensation increases within realistic boundaries. Theforecast reflects a recommended compensation program and includes an assumption of a return to a 4-1/2% merit. There is a trade-ojJin terms o.frestricted service capaci(v. Manage the Capital Improvement Program (CIP) '.I' use of debt Re-evaluate existing dedicated revenue streams Evaluate existing programs for consolidation or elimination Evaluate current business practices and processes for opportunities to improve service and reduce costs Virginia Beach is in a strong financial position and has a clear vision for the future. It is important to remember that we are still experiencing revenue growth. The City will, however, face tough choices as it struggles to maintain commitments and to make progress towards our goals. December 3, 2002 - 6- ITEM # 50495 Vice Mayor Louis R. Jones, CONVENED CITY COUNCILfor the REVIEW OF AGENDA ITEMS in the City Council Conference Room, City Hall Building, on Tuesday, December 3, 2002, at 3:37 P.M. Council Members Present: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve, Peter W Schmidt, Rosemary Wilson and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Attending National League or Cities} Richard A. Maddox [Family Vacation} Ron A. Villanueva [Out of City} December 3, 2002 - 7- AGE N DA REV I E W S E S S ION 3:37 P.M. ITEM # 50496 [1. Resolution concurring with a Revenue Bond issuance by the Industrial Development Authority of Mathews County: YMCA Of South Hampton Roads Not to Exceed $3,500,000 Council Members McClanan, Schmidt and Wood expressed concern. Deputy City Attorney Gary Fentress distributed correspondence from the Bond Counsel, Kaufman and Canoles, which is hereby made a part of the record. The Young Men's Christian Association of South Hampton Roads desires "bank qualified tax-exempt bonds" to be issued because such bonds bear a substantially lower interest rate than other tax-exempt bonds. In order to issue bank qualified tax-exempt bonds, however, an Industrial Authority must be a "qualified small issuer" within the meaning of the Internal Revenue Code. A "qualified small issuer" is an issuer which issues no more than $10,000,000 in tax-exempt government bonds and tax-exempt bonds for non-profit organizations in any calendar year. During calendar year 2002, Matthews County does not expect to issue governmental bonds and the Mathews Authority expects to be a qualified small issuer capable of issuing bank qualified tax-exempt bonds for Young Men' Christian Association of South Hampton Roads. The City Attorney advised the Development Authority receives a fee when issuing a Bond. In this instance, as Matthews County is issuing the bond, the Virginia Beach Development Authority would not receive the fee. The City of Norfolk does impose a third party fee. ITEM # 50497 [2. Resolution re support for formation of CAPE HENRY NATIONAL PARK & VISITOR CENTER Council Lady Wilson distributed a Revised Resolution inserting a new paragraph, lines 16-21: WHEREAS, the popular interest in Cape Henry is evidenced by (i) its having been visited regularly since 1707; (ii) the holding of annual ceremonies a the site by such groups as the Order of Cape Henry 1607, the Sons and Daughters of the American Revolution, an the Alliance Francaise Chapitre de Grasse); (Iii) and the number of tourists, estimated at over 160,000, who drive into Fort Story each year to see the memorial, the two lighthouses and the fortifications; ITEM # 50498 [3. Ordinance to APPROPRIA TE $1, 000, 000 from the General Fund and $1,200,000 from the Water and Sewer Enterprise Fund Retained Earnings in FY 2002-03 Capital Budget re additional funding for radio purchases to upgrade the communication system for Police, Fire and EMS as well as various non public safety agencies. Council Lady McClanan expressed concern relative the extensiveness of this item. Clarence Warnstaff, Director of Public Utilities, advised as a Water and Sanitary Sewer Enterprise Fund, Public Utilities is obligated to pay the cost of all services rendered from City agencies. The concept is if the Department were a stand alone water district or authority, certain types of expenditures would be incurred for services that are rendered from other city agencies. An example would be the communication services. Radios are utilized in the "day-to-day" operations, second, third and weekendshifis. The funds appropriated for this project represents Public Utilities' apportioned share of the radio communications cost. December 3, 2002 - 8- AGE N DA REV I E W S E S S ION ITEM # 50498 (Continued) The radios presently utilized are in the range offifteen (15) to seventeen (17) years old (approximately 257 radios). These radios are at the end 'if their useful life. This upgrade of the 800 MHz Radio System is not only for Puhlic Safety (Police, Fire and EMS), but all city agencies which utilize this equipment including Public Works, Public Utilities, Parks and Recreation and General Services. David Sullivan, Chief Information Officer, advised the City Council has been briefed in the past relative the radio system. The older Type I radios, approximately 1600, must be eliminated from the City's system, to enable conversion to Type II, currently supported by Motorola. The Cities of Norfolk and Portsmouth have almost completed their Type II conversion. Chesapeake has advanced to the digital. There will be different model radios purchased for different types of users. Generally, the Public Safety radio is more expensive. There is a mixture of portable, desk set and car mobile radios. This is a "one-for-one replacement ". Mr. Sullivan has been advised of the need for additional radios in Police and Fire and a request will be coming fonvard to purchase these radiosfrom another funding source. Over 5,000 radios are in the system. Virginia Beach operates one radio system for all users. $35-MILLION is invested in the "radio system ". Motorola owns approximately 80% to 90% of the marketplace. By placing all 1600 radios on one bid, plus the services to convert all 5,000 radios to Type Ihystem, better leverage has been obtained with Motorola. A $300 trade- in has been negotiatedfor all the old radios. Thus, the City does not have to dispose of these radios. It will take approximately nine months to a year to complete conversion of ailS, 000 radios. In 1999, the stajJbegan seriously looking at the radio system from an investment standpoint when the City was placed in the position of having to purchase a microwave system because the FCC sold the frequency. The Vendor conducts the programing. However, last year, a Radio Engineer was employed to oversee this process. The City is no longer relying exclusively on Motorola or their local vendor. The City Manager advised a good communication system is essential in a City the size of Virginia Beach. The City Manager believes the City is lagging behind the other cities in obtaining this communication. ITEM # 50499 1.4. Ordinance to APPROPRIATE $11,711 additional HOME Program income to the Department of Housing and Neighborhood Preservation FY 2002-03 Operating Budget for HOME approved rehabilitation loans and citizen grants. The City Manager distributed a Revised Ordinance and advised a correction in terms. Stephen Thompson, Chief Financial Ojficer. advised this is actually program income. ITEM # 50500 BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: 1.1. Resolution concurring with a Revenue Bond issuance by the Industrial Development Authority of Mathews County: YMCA Of South Hampton Roads Not to Exceed $3,500,000 1.2. Resolution re support jor formation of CAPE HENRY NATIONAL PARK & VISITOR CENTER 1.3. Ordinance toAPPROPRIA TE$1,000,000from the General Fund and $1,200,000 from the Water and Sewer Enterprise Fund Retained Earnings in FY 2002-03 Capital Budget re additional funding for radio purchases to upgrade the communication system for Police, Fire and EMS as well as various non public safety agencies. December 3, 2002 - 9- AGE N DA REV I E W S E S S ION ITEM # 50500 (Continued) 1.4. Ordinance to APPROPRIATE $11, 711 additional HOME Program income to the Department of Housing and Neighborhood Preservation FY 2002-03 Operating Budget for HOME approved rehabilitation loans and citizen grants. Item 1.2: ADOPT, BY CONSENT, AS REVISED Item 1.4: ADOPT, BY CONSENT, AS REVISED December 3, 2002 - 10- AGE N DA REV IE W S E S S ION ITEM # 50501 J.I. Application ojAMERICANPARKINGSOLUTJONS, LTD. for a Conditional Use Permit re bulk storage of motor vehicles on the east side of Military Highway and Alexandria Lane (600 Block of S. Military Highway) containing 48 acres. (DISTRICT 2.. KEMPSVILLE) Council Lady Eure requested staff provide City Council with additional information. She does not support this application and wishes this item discussed during the Formal Session. Mayor Oberndorf expressed concern as this application abuts a neighborhood and noted the Planning Commission recommends APPRO VA L,- however, the staff recommends DENIAL. Due to the absence of the Beach representative (Councilman Maddox), this item shall be DEFERRED to December 10,2002. ITEM # 50502 J.3. Application of TRITON PCS/SUNCOMfor a Conditional Use Permit re a communication tower south of the intersection of Snow Goose Lane and Hawks Nest Way, north of Interstate 264 (1400 Snow Goose Lane) containing 11. 69 acres. (DISTRICT 5 - L YNNHA VEN) Stephen White, Planning, distributed correspondence from the applicant, relative a utility issue and requesting INDEFINITE DEFERRAL. Council Lady Eure requested an Ordinance be devised for this type only communication system to be approved administratively. Mr. White advised a number of conditional uses are being reviewed, which could probably be permitted uses with specific standards. Information will be provided. ITEM # 50503 J. 6. Application of SANDBRIDGE COMMUNITY CHAPEL, United Methodist Church for Modification of a Conditional Use Permit (approved November 15, 1984 and October 24, 1988) re the sale of an existing lot on Little Island and Sandpiper Roads, in the vicinity of Bonita Lane (3041 Sandpiper Road and 300 Bonita Lane) containing 1.62 acres. (DISTRICT 7 - PRINCESS ANNE) December 3, 2002 -11 - AGE N DA REV I E W S E S S ION ITEM # 50504 J.7. Applications of the CITY OF VIRGINIA BEACH re a hospital/medical complex (Sentara) and an athletic club for a portion of Recreation Drive at Dam Neck and Princess Anne Roads. DISTRICT 7 -. PRINCESS ANNE a. Discontinuance. closure and abandonment containing 2.5455 acres b. Conditional Use Permit containing 45 acres c. Chanf!e of ZoninlZ District Classifleation from P-I Preservation District and R-5D Residential Duplex District to Conditional 0-2 Office District containing 71.74 acres Council Lady McClanan expressed concern relative Recreation Drive. The City Manager advised an agreement will be developed to allow Recreation Drive to be utilizedjor approximately 3 or 4 years until Phase II of the development. ITEM # 50505 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: J2. Application of MT. OLIVE BAPTIST CHURCH for a Conditional Use Permit re a church (parking lot expansion) at Birdneck Road, south of 19" Street (310 North Birdneck Road) containing 1.80 acres. (DISTRICT 6 - BEA CH) J3. Application of TRITON PCS/SUNCOMfor a Conditional Use Permit re a communication tower south of the intersection of Snow Goose Lane and Hawks Nest Way, north of Interstate 264 (1400 Snow Goose Lane) containing 11.69 acres. (DISTRICT 5 - LYNNHA VEN) J4. Application of TYRONE HART for a Conditional Use Permit re a church to share two (2) suites in a retail center with a Day Care center at Virginia Beach Boulevard and Toy Avenue (5441 Virginia Beach Boulevard, Suites ii6and il7) containing 2.658 acres. (DISTRiCT 2 - KEMPSViLLE) J. 5. Application of OCEAN TIDE ASSOCIA TES, L.L. C. for a Conditional U,e Permit re multiple-family dwellings (condominiums) on the north side of Shore Drive, between Sea Shell Road and Urchin Road (2990 Shore Drive) containing i.03 acres. (DISTRICT 5 -LYNNHAVEN) December 3, 2002 -12 - AGE N DA REV I E W S E S S ION ITEM # 50505 (Continued) J 7. Applications of the CITY OF VIRGINIA BEACH re a hospital/medical complex (Sentara) and an athletic club for a portion of Recreation Drive at Dam Neck and Princess Anne Roads. DISTRICT 7 -- PRINCESS ANNE a. Discontinuance. closure and abandonment containing 2.5455 acres b. Conditional Use Permit containing 45 acres c. Chanrze of Zoninrz District Classification from P-1 Preservation District and R-5D Residential Duplex District to Conditional 0-2 Office District containing 71.74 acres Item J.3:DEFER INDEFINITELY, BY CONSENT December 3, 2002 - 13- CITY COUNCIL COMMENTS 4:18 P.M. ITEM # 50506 Council Lady McClanan, advised one of the accountants had advised her some of the localities have now consolidated their bills with the Hampton Roads Sanitation District Commission (HRSD). Council Lady McClanan suggested two members of City Council accompany staff to meet with the Commission. The City Attorney advised conferring with Clarence Warnstaff, Director of Public Utilities. A report shall be distributed to City Council. Some of the localities have performed this function by a "handshake" agreement. The perception is every locality has an agreement with the exception of Virginia Beach. That is not accurate. The City Manager advised this consolidation was recommended four (4) years ago. In addition to the convenience of one bill, a $400,000 annual savings was projected. The City was not able to negotiate adequate safeguards in the agreement re handling the fimds. ITEM # 50507 Council Lady Wilson referenced the horrendous fatal car accident on First Colonial and Great Neck Roads. Three years ago her brother-in-law, in a similar situation, was killed}ust two blocks down the street. The traffic exceeds speed limits. This is a 45-mile per hour road. Council Lady Wilson requested the staf/review and consider reducing the speed ITEM # 50508 Council Lady Eure visited the Wells nleater the other night and viewed the Virginia Stage Production. One of the items on their wish list is a 12-passenger van. Credit was given, through the efforts of Randy and Arlene Wright who serves on the Virginia Stage Board. The Wrights secured a vanji-om Hampton Roads Transportation (HRT), which was donated to the Stage Company. This City requires vans especially for the utilization of the indigent and elderly. Council Lady Eure requested our representatives be placed on the list to request donations of vans. December 3, 2002 .14 - C IT Y COUNCIL LIAISON REPORTS 4:25 P.M. ITEM # 50509 Councilman Reeve advised The Virginia Beach Transition Area Technical Review Committee, met last Monday, November 25, 2002,for possibly the last time. The staffis compiling comments into aformalized report. After receipt of this report, if there is a need to meet again, a meeting shall be held. This report will be distributed to the Planning Commission for review and recommendations to the City Council. Councilman Reeve referenced Jason Skog's Virginian-Pilot news article relative the process of the Committee. Philip Enquist, Urban Planner, Skidmore, Owings & Merrill LLP (SOM), had referenced the northern Prairie Crossing project in northern Chicago. This project was similar to the City's Transition area. As Councilman Reeve was in Chicago for Thanksgiving wih his family. Mr. Enquist arranged a meeting with the developers (who were actually environmentalist) and Councilman Reeve with a guided tour of Prairie Crossing. Prairie Crossing, which includes 362 home sites on 677 acres, has been designed to combine development with the preservation of open land and easy commuting to the city by rail. Prairie Crossing has become a national example of how to design communities to support a better way of life. Thisproject boosts 50% open space The roads are treated as open .\pace. A certified organic farm borders most of this area. The Prairie Crossing Charter School also makes use of a historic building. The lots are from 1/4 to Y, acre size. BM?s are used as a resource and not just a physical need for stormwater management. Councilman Reeve distributed information, which is hereby made a part of the record. Councilman Schmidt advised the financial vehicle of the Virginia Beach Transition Area Plan is not yet a reality. However, the staffby December Thirty-first, is to develop a process by which infrastructure will be self sustained. ITEM # 50510 Council Lady Eure referenced the Open Space Subcommittee. City staff is unable to produce a monthly report as the process relative acquisition of open space is quite detailed and lengthy. A report will be furnished in January, ITEM # 50511 Councilman Schmidt advised attending a meeting, approximately three (3) weeks ago, between the Department of Environmental Quality (DES), the Us. Army Corps of Engineers and the Virginia Marine Resource Committee re the Lake Wesley/Lake Rudee issue. Councilman Schmidt believes all entities will be working together to make this a reality and a public notice will be forthcoming approximately by the middle of December. ITEM # 50512 Council Members McClanan and Wilson referenced the Citizens Committee on Boards and Commissions. They are very pleased with their progress. Council Lady Wilson advised recommendations will be forthcoming during the City Council's Workshop on January 14, 2002. December 3,2002 - 14- C IT Y COUNCIL LIAISON REPORTS 4:25 P.M. ITEM # 50509 Councilman Reeve advised The Virginia Beach Transition Area Technical Review Committee, met last Monday, November 25, 2002,jor possibly the last time. The staffis compiling comments into aformalized report. After receipt of this report, if there is a need to meet again, a meeting shall be held. This report will be distributed to the Planning Commissionfor review and recommendations to the City Council. Councilman Reeve referenced Jason Skog's Virginian-Pilot news article relative the process of the Committee. Philip Enquist, Urban Planner, Skidmore, Owings & Merrill LLP (SOM), had referenced the northern Prairie Crossing project in northern Chicago. This project was similar to the City's Transition area. As Councilman Reeve was in Chicago for Thanksgiving wih his family. Mr. Enquist arranged a meeting with the developers (who were actually environmentalist) and Councilman Reeve with a guided tour of Prairie Crossing. Prairie Crossing, which includes 362 home sites on 677 acres, has been designed to combine development with the preservation of open land and easy commuting to the city by rail. Prairie Crossing has become a national example of how to design communities to support a better way of life, This project boosts 50% open space The roads are treated as open space. A certified organic farm borders most of this area. The Prairie Crossing Charter School also makes use of a historic building. The lots are from 1/4 to !;2 acre size. BMPs are used as a resource and not just a physical needfor stormwater management. Councilman Reeve distributed information, which is hereby made a part of the record Councilman Schmidt advised the financial vehicle of the Virginia Beach Transition Area Plan is not yet a reality. However, the staff by December Thirty-jirst, is to develop a process by which infrastructure will be self sustained ITEM # 50510 Council Lady Eure referenced the Open Space Subcommittee. City staff is unable to produce a monthly report as the process relative acquisition of open space is quite detailed and lengthy. A report will be furnished in January. ITEM # 50511 Councilman Schmidt advised attending a meeting, approximately three (3) weeks ago, between the Department of Environmental Quality (DES), the u.s. Army Corps of Engineers and the Virginia Marine Resource Committee re the Lake Wesley/Lake Rudee issue. Councilman Schmidt believes all entities will be working together to make this a reality and a public notice will be forthcoming approximately by the middle of December. ITEM # 50512 Council Members McClanan and Wilson referenced the Citizens Committee on Boards and Commissions. They are very pleased with their progress. Council Lady Wilson advised recommendations will be forthcoming during the City Council's Workshop on January 14,2003. December 3, 2002 - 15- ITEM # 50513 Vice Mayor Louis R. Jones called to order the INFORMAL SESSION of the VIRGINIA BEA CH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, December 3, 2002, at 4:35 PM. Council Members Present: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve Peter W Schmidt, Rosemary Wilson, and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf Richard A. Maddox and Ron A. Villanueva December 3, 2002 - 16- ITEM # 50514 Vice Mayor Louis R. Jones 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 MAITERS: 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 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Board of Building Code Appeals Community Services Board Hampton Roads Economic Development Alliance Minority Business Council Planning Commission Resort Advisory Commission Virginia Beach Foundation Volunteer Council 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 2.2-3711(A)(3). Acquisition/Disposition of Property - Lynnhaven District Upon motion by Councilman Schmidt, seconded by Council Lady Eure, City Council voted to proceed into CLOSED SESSION. Voting: 7-0 Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve, Peter W. Schmidt, Rosemary Wilson. and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva (4:35 P.M, - 5:30 P.M.) December 3, 2002 -17 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 3, 2002 6:00 P.M. Vice Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 3, 2002, at 6:00 P.M. Council Members Present: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve, Peter W. Schmidt, Rosemary Wilson. and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Attending National League of Cities] Richard A. Maddox [Family Vacation] Ron A. Villanueva [Out of City] INVOCATION: Reverend Stanley W. Sa"Yer All Saints Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA December 3, 2002 -18 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 50515 Upon motion by Council Lady Wilson, seconded by Councilman Schmidt, 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: 7-0 Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve, Peter W. Schmidt, Rosemary Wilson. and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. OberndorJ. Richard A. Maddox and Ron A. Villanueva December 3, 2002 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCII~ WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 50514, page 16, and in accordance with the provisions of The Virginia Freedom ofInformation 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 RESOL YED: 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 December 3, 2002 -19- Item V-F. I. MINUTES ITEM # 50516 Upon motion by Councilman Wood, seconded by Council Lady Eure, City Council APPROVED, AS CORRECTED, the Minutes of the INFORMAL AND FORMAL SESSIONS of November 26,2002: ITEM # 50456, Page 18 CUUfll-~.:mCf,H Rc:;.c:;. vc:;. Councilman Villanueva inquired relative the contingency plans re the Annual Holiday Parade on November 16, 2002, which was CANCELED. Voting: 6-0 Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W Schmidt, Rosemary Wilson. and James L. Wood Council Members Voting Nay: None Council Members Abstaining Jim Reeve Council Members Absent: Mayor Meyera E. Oberndorf," Richard A. Maddox and Ron A. Villanueva Councilman Reeve ABSTAINED, as he was not in attendance during the Ci!y Council Session of November 26, 2002. December 3, 2002 - 20- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 50517 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 3, 2002 - 21- Item V-H.I. PUBLIC HEARING ITEM#505I8 Vice Mayor Louis R. Jones DECLARED A PUBLIC HEARING: BEACH MANAGEMENT PLAN Thefollowing registered in SUPPORT: Thomas E. Fraim, Chairman - Beaches and Waterways Commission Thefollowing registered in OPPOSITION relative Chesapeake Beach property (dune destruction): Attorney Bruce Mills, 21- 61" Street, Phone: 340-0500 Elizabeth and Roger Gregory, 5008 Lauderdale Avenue, Phone: 363-0267 Charles 0. Stainback, 5022 Lauderdale Avenue, Phone: 460-4647 There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING. December 3, 2002 -22 - Item V-I. RESOLUTIONS/ORDINANCES ITEM # 50519 Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 1, 2 (AS REVISED), 3 and 4 (REVISED) of the CONSENT AGENDA. Voting: 7-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve, Peter W Schmidt, Rosemary Wilson. and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva December 3, 2002 - 23- Item V-LI. RESOLUTIONS/ORDINANCES ITEM # 50520 Upon motion by Councilman Schmidt, seconded by Council Lady Wilson. City Council ADOPTED: Resolution concurring with a Revenue Bond issuance by the Industrial Development Authority of Mathews County: YMCA Of South Hampton Roads Not to Exceed $3,500.000 Voting: 7-0 (By Consent) Council Members Voting Aye: Margaret L. Eure. Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve. Peter W Schmidt, Rosemary Wilson. and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva December 3. 2002 A RESOLUTION CONCURRING WITH THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF MATHEWS COUNTY, VIRGINIA, OF ITS REVENUE BOND IN AN AMOUNT NOT TO EXCEED $3,500,000 FOR THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS WHEREAS, there has been described to the City of Virginia Beach Development Authority (the Authority), the plans of Young Men's Christian Association of South Hampton Roads, a Virginia non-stock, non-profit corporation (the Company) the principal business address of which is 312 West Bute Street, Norfolk, Virginia 23510, for the issuance by the Industrial Development Authority of Mathews County, Virginia (the Mathews Authority) of its recreational facilities revenue bond in an amount not to exceed $3,500,000 to assist the Company in (a) permanently financing (I) the renovation/expansion and equipment purchases, including new aerobics studio, youth gymnasium, activity center, locker rooms, and expanded fitness center and child care center, at the Hilltop Family YMCA located at 1536 Laskin Road, Virginia Beach, Virginia 23451, (2) the expansion, additional construction, and equipping of YMCA Camp Silver Beach, including science center with classrooms, labs, and observation tower, tennis courts, skateboard park, staff housing, athletic field, and other improvements, iocated at 6272 YMCA Lane, Jamesville, Virginia 23398, and (3) the purchase of 85 acres of land adjacent to and north of YMCA Camp Silver Beach, located at the intersection of Beach Road and Occohannock Neck Road, Jamesville, Virginia 23398 (collectively, the Project), and (b) financing the cost of issuing the Bond; and WHEREAS, the above facilities will be owned by the Company and will be located in Virginia Beach, Virginia, and Northampton County, Virginia; and WHEREAS, a public hearing with respect to the Bond as required by Virginia law and the Internal Revenue Code of 1986, as amended (the Code), was held by the Authority on November 19, 2002, and the Mathews Authority so held a public hearing with respect to the Bond on August 29, 2002, and adopted an approving resolution (the Mathews Authority Resolution) with respect to the Bond on that date; and WHEREAS, the Authority has adopted a resolution recommending that the City Council ofthe City of Virginia Beach (the Council) concur with the Mathews Authority Resolution; and WHEREAS, Section 15.2-4905 of the Code of Virginia of 1950, as amended (the Virginia Code), provides that the Council must concur with the adoption of the Mathews Authority Resolution prior to the issuance ofthe Bond; and WHEREAS, the Internal Revenue Code of 1986, as amended (the Code), provides that the highest elected govermnental officials of the govermnental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located shall approve the issuance of such bonds; and WHEREAS, the Hilltop Family YMCA is located in the City of Virginia Beach and the members of the Council constitute the highest elected governmental officials of the City of Virginia Beach; and WHEREAS, a copy of the Mathews Authority Resolution, the Authority's resolution and a statement in the form prescribed by Section 15.2-4907 of the Virginia Code have been filed with the Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: 1. The Council concurs with the adoption of the Mathews Authority Resolution and approves the issuance of the Bond by the Mathews Authority to the extent required by the Code and Section 15.2-4905 of the Virginia Code. 2. The concurrence with the Mathews Authority Resolution and the approval of the issuance of the Bond, as required by the Code and Section 15.2-4906 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bond of the creditworthiness of the Company and the Bond shall provide that the City of Virginia Beach shall not be obligated to pay the Bond or the interest thereon or other costs incident thereto and neither the faith or credit nor the taxing power of the Commonwealth of Virginia or the City of Virginia Beach shall be pledged thereto. 3. This resolution shall take effect immediately upon its adoption. #798334VAdopted by the Council of the City of Virginia Beach, Virginia, on the ,2002. 3 day of Decomber Clerk, City Council of the City of Virginia Beach ...... APPROVED AS TO LEGAL SUFFICIENCY ~I ~ RESOLUTION OF INDUSTRIAL DEVELOPMENT AUTHORITY OF MATHEWS COUNTY, VIRGINIA WHEREAS, there has been described to the Industrial Development Authority of Mathews County, Virginia (the Authority) the plans of the Young Men's Christian Association of South Hampton Roads (the Company) for the issuance of the Authority's revenue bond (the Bond) in an amount not to exceed $3,500,000; and WHEREAS, the Company has elected to proceed with a plan of finance pursuant to which the Bond will be privately placed with a group of banks led by Bank of America, N.A. (the Lender), for their own account and for investment purposes; and WHEREAS, the Company in its appearance before the Authority has described the debt service cost savings relating to the issuance of the Bond as a "qualified tax-exempt obligation" within the meaning of Section 265(b )(3) of the Internal Revenue Code of 1986, as amended (the Code), and has represented that the Company is a corporation described in Section 501(c)(3) of the Code which is not organized and operated exclusively for religious purposes and which is exempt from federal income taxation pursuant to Section 501(a) of the Code; and WHEREAS, the Company in its appearance before the Authority has described the health and other benefits to the City of Virginia Beach (the City) and Mathews County (the County) to be derived from the issuance of the Bond and has requested the Authority to agree to issue the Bond under the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the Act), to assist the Company in permanently financing (I) the renovation/expansion and equipment purchases, including new aerobics studio, youth gymnasium, activity center, locker rooms, and expanded fitness center and child care center at the Hilltop Family YMCA located at 1536 Laskin Road, Virginia Beach, Virginia 23451, (2) the expansion, additional construction, and equipping of YMCA Camp Silver Beach, including science center with classrooms, labs, and observation tower, tennis courts, skateboard park, staff housing, athletic field, and other improvements, located at 6272 YMCA Lane, Jamesville, Virginia 23398, (3) the purchase of85 acres ofland adjacent to and north of YMCA Camp Silver Beach, located at the intersection of Beach Road and Occohannock Neck Road, Jamesville, Virginia 23398 (collectively, the "Project") and (4) payment ofa portion of the cost of issuing the Bond; and WHEREAS, a public hearing has been held by the Authority as required by Virginia law and Section 147(f) of the Code on the date hereof; WHEREAS, there have been presented to this meeting the forms of the following documents and instruments which the Authority proposes to execute to carry out the transactions described above: (a) Bond Purchase and Financing Agreement (the Bond Purchase Agreement), dated as of October 1, 2002, among the Authority, the Company and the Lender, together with the Company's promissory note (the Note) payable to the Authority; and (b) The Authority's $3,500,000 Revenue Bond (YMCA Facilities Project) Series 2002 (the Bond), in registered form, and payable and bearing interest as set forth therein. BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF MATHEWS COUNTY, VIRGINIA: 1. It is hereby found and determined that the plan of finance described above is in accordance with the purposes of the Act and will benefit the inhabitants of the County and the Commonwealth of Virginia and promote their safety, health, education and welfare. 2. To assist the Company in such plan of finance, the Authority hereby agrees to undertake the issuance of the Bond. 3. Concurrently with the issuance of the Bond, the Chairman or Vice Chairman of the Authority is hereby authorized and directed to execute and to deliver the Bond Purchase Agreement to the other parties thereto. 4. The Chairman or Vice Chairman of the Authority is hereby authorized and directed to execute, the Secretary or Assistant Secretary is authorized and directed to affix and attest the seal of the Authority, and either is authorized and directed to deliver the Bond to the Lender upon the terms provided in the Bond Purchase Agreement; provided, however, that delivery of the Bond shall not occur (a) until the Bond has been approved by the Board of Supervisors of Mathews County, Virginia (the Board), (b) until the Virginia Beach Development Authority has conducted a public hearing in accordance with the Act and the Code with respect to the Bond and (c) until the City Council of the City of Virginia Beach by resolution (the Concurring Resolution) concurs with the adoption of this resolution in accordance with the Act. All terms of the Bond are by this reference thereto incorporated herein as a part of this resolution. 5. The Chairman or Vice Chairman of the Authority is hereby authorized and directed to execute and deliver to the Lender an assigmnent of the Note and of the rights of the Authority under the Bond Purchase Agreement (except for the reserved rights set forth therein). 6. The Bond Purchase Agreement, the Note and the Bond shall be in substantially the forms presented at this meeting which are hereby approved, with such completions, omissions, insertions and changes as may be approved by the Chairman or V ice Chairman of the Authority, his execution to constitute conclusive evidence of his approval of any such omissions, insertions and changes. 7. The officers of the Authority are hereby authorized and directed to execute and deliver all certificates and instruments, including Intemal Revenue Service Form 8038, and to take all such further action as they may consider necessary or desirable in connection with the issuance and sale of the Bond and the undertaking of the plan offmance described herein. 2 8. The Authority hereby agrees to the recommendation of the Company that Kaufinan & Canoles, P.C., Norfolk, Virginia, be appointed as bond counsel and hereby appoints such firm to supervise the proceedings and approve the issuance ofthe Bond. The Authority hereby further appoints McGuireWoods LLP as the Authority's counsel to approve the issuance of the Bond. 9. All costs and expenses in connection with the financing, including the Authority's administrative fees, the fees and expenses of bond counsel, counsel for the Authority and counsel for the Lender, shall be paid from the proceeds of the Bond or from funds of the Company. If for any reason the Bond is not issued, it is understood that all such fees and expenses (other than the Authority's administrative fee which is payable only if the Bond is issued) shall be paid by the Company and that the Authority shall have no responsibility therefor. 10. In adopting this resolution, the Authority intends to evidence "official intent" within the meaning of Treasury Regulations Section 1.150-2. The Authority, including its directors, officers, employees, agents and counsel, shall not be liable and hereby disclaims all liability to any person for any damages, direct or consequential, resulting from the Authority's lailure to issue the Bond or for any other reason, and the Company shall agree to indemnify and hold harmless the Authority and its directors, officers, employees, agents and counsel from and against all liabilities, claims, penalties, losses, costs and expenses in any way connected with the Project or the issuance ofthe Bond. 11. The Authority hereby designates the Bond a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code for calendar year 2002. 12. The Authority's officers shall perform such other acts and adopt such further resolutions as may be required to implement its undertakings as hereinabove set forth. 13. The Authority hereby recommends that the Board approve the issuance of the Bond and hereby directs the Chairman or Vice Chairman to submit to the Board the statement in the form prescribed by Section 15.2-4907 of the Code of Virginia of 1950, as amended, to provide to the Board a reasonably detailed summary of the comments expressed at the public hearing required by Section 15.2-4906 of the Code of Virginia of 1950, as amended, and to provide a copy of this resolution and, upon its receipt, a copy of the Concurring Resolution. 14. Neither the Authority nor the County have endorsed the creditworthiness of the Company or the ability of the Company to repay the Note and any purchaser of the Bond shall agree to purchase the Bond at their sole risk and that no representations of any kind have been made to the Lender by either the Authority or the County. 15. This resolution shall take effect immediately upon its adoption. 3 The undersigned hereby certifies that the above resolution was duly adopted by roll call vote by a majority of the directors of the Industrial Development Authority of Mathews County, Virginia at a meeting duly called and held on August 29, 2002, and that such resolution is in full force and effect on the date hereof. Dated: /Je~ 7 ,2002 ecret , Industrial Development A hority of Mathews County, Virginia #765535 v3 4 VIRGINIA BF:~CH Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 November 19, 2002 The Honorable Meyera E. Obemdorf, Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re: YMCA of South Hampton Roads Bond Issue Industrial Development and Revenue Bond Revenue Bonds Dear Mayor Obemdorf and Members of City Council: We submit the following in connection with a project for the Young Men's Christian Association of South Hampton Roads (the "YMCA") whose principal business address is 312 West Bute Street, Norfolk, V A 23510. (1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a summary ofthe statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Authority") resolution recommending Council's approval is attached as Exhibit C. (2) The Disclosure Statement is attached as Exhibit D. (3) The statement of the Authority's reasons for its approval as a benefit for the City of Virginia Beach and its recommendation that City Council approve the modification of the bonds described above is attached as Exhibit E. (4) The Fiscal Impact Statement is attached as Exhibit F. The Honorable Meyera E. Obemdorf, Mayor Members of City Council Page 2 November 19, 2002 (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 Proj ect. Very truly yours, RGJ/GLF/rab Enclosures 11/22/2002 14:22 FAX 141002 EXHIBIT A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Virginian-Pilot --------------------------------------------------+--------------------------- KAUFMAN & CANDLES, P.C. GEORGE L. CONSOLVO 150 W MAIN ST NORFOLK VA 23510 REFERENCE, 10236406 9974660 NOTICE OF PUBLIC HEA State of Virginia City of Norfolk This day, D. Johnson personally appeared before me and after being duly sworn, made oath that: 1) She is affidavit clerk of The Virginian-Pilot, a newspaper published by Landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, Common- wealth of Virginia and in the state of North Carolina 2)That the advertisement hereto annexed has been published in said newspaper on the date stated. I I I I I I I I ,~'" CO'" .,..," ^' ".,.. '" ""I ::::;.::;;;;;;~:\:l~~::.::,'-.":-::::.-""-,..-:::-:"".,."'---. afar of ~'^..."'" \. PU*LISHED ] ON, 11/05 11/12 My commission expires January 31, 2004 EXHIBIT B NOTICE OF PUBLIC HEARING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR THE BENEFIT OF YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS Notice is hereby given that the City of Virginia Beach Development Authority (the Authority) whose address is 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462, will hold a public hearing on the plan of finance of Young Men's Christian Association of South Hampton Roads, a Virginia non-stock, non-profit corporation (the Company), the principal business address of which is 312 West Bute Street, Norfolk, Virginia 23510, for the issuance by the Industrial Development Authority of Mathews County, Virginia (the Mathews Authority) of its recreational facilities revenue bond in an amount not to exceed $3,500,000 to assist the Company in permanently financing the renovation/expansion "l!Iid equipping, including new aerobics studio, youth gymnasium, activity center, locker rooms, and expanded fitness center and child care center, of the Hilltop Family YMCA located at 1536 Laskin Road, Virginia Beach, Virginia 23451 (the Project). The Project will be owned by the Company. The proceeds of the bond will also finance a portion of the cost of issuing the bond. The public hearing, which may be continued or adjourned, will be held at 8:30 a.m. on November 19, 2002, before the Authority at its office. The bond will not pledge the credit or the taxing power of the City of Virginia Beach, Virginia, or the Authority but will be payable solely from revenues derived from the Company. Any person interested in the issuance of the bond or the location or nature of the Project may appear and be heard. A copy of the resolution to be considered by the Authority after the public hearing is on file and is open for inspection at the Authority's office during business hours. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TO BE PUBLISHED IN THE VIRGINIAN-PILOT ON TUESDAY, NOVEMBER 5, 2002 AND TUESDAY, NOVEMBER 12, 2002 #798357 vI ,~ ~. "", "',', ,'.~ ".', '.r ,ff""'i', I> ,"fIi':>'; , ;w" ~ "'o~~.""""'=,_~""-"^"",.""'''''...''''''~,-...!....."."..........._.....: ' ---- 8nflouncei;!et ttl. tlmfJo'tSllle. Pilnluant to ttle federal felr pebt Co~ P.C., Svt>stitUte Trustee this Is ecommunlcetlonfroll1a debt collector. C~ ke NOnCEOFPUSUCHEAAING 9960393 lectlorr Practices Act, we advise you ttlet this firm Is a debt collector For Informetlon contact; Samuel I, White, P.C. (2743-02/VA) 209. a A Public Healing will be held by the ,'" "A 2'702 in?~~kfo ~e :~T~ 21IY ~~d:~~~f~S~a~e~~r:e~s~ ~e~~l ~~hft7, ~~j~~e:~~:&r:.~!r~~i11r:~CO:~:~1~5~~~~ 757.457-1460 - .V I R CO I N I A ~~:'S~geV:~~i~9~2~~16~~0 T~.~ U! ., P.C.. Substitute Trustee This is" communication from e debt collector. VP October 29 and Noveml1er 5, 2002 9975014' in the Council Chamber. City Halt Building, 306 Cedar Road, to con. l,1998, recorded in the For information contact: Samuel I. White, P.C. (269J..02/-VA) 209 sider the following pelilions: R(CHl2..27 Y, 'df,P'0",md""~'kV,A"4i,o 'C,",llj~:;;:!:rk9,OD,riv,'.mV.''',0"d'',,''..,'0'h,'.mV.irgi","P5','44..", 757-457-1460 . PROJECT: Faxgate Forest, Phase 2 e r\ ee 00 ='m.~" " AS TRUSTEE'S SALE APPLICANT: SIMACOevelopmeot Corporation 1M original sum of VP October 29 and November 5, 2002 9974858 1536 Snowbird Court, Virginia Beach VA 23454 AGENCY: Hoggartl/Eure A5Soc(ates, P.C, '_ee, ~J~eo~flh~r t~~I~~ In e~ecution of a deed of.trust dated Juoe.29. 1998,. recorded In tt,.e PROPOSAL: A conventional zoning reclassification for 5.762 acres v '" TRUSTEE SALE 204 Harrier Street Virginia Beach. VA 23462 In e:o:.ecll- Clerio: s Office of the CirCUit Court of the City of Virginia Baach, VA.. In from RE.l Resldent~1 Estate District (5.721 acres) and R,15s Slngle- et. Portsmouth, Virginia, tioll of a Deed of Trust In the ooginal principal emount of $66,127.00, Deed Book 3912, at Page 1110, securing e, note drawn in the original family Residential District (0.041) to R.1Qs Slngle.famllY Resldentlal Jperty descnbed 10 said with an annual interest rate of 8.50% from Andre D. Lopez and Jasmin sum of $81,450.00, the undersigll$d Substitute Trustee, will offer for Oislllct PROPOSED LAND USE / DENSITY; Single-family Residential/ Ind briefly descnbea as: Lopez dated February 2, 2000 recorded in the Clerk s Office of tile eir publlc sale on the froot steps of the jUdicial Center for the City of Vir. approKimately 3.2 units per acre EXISTING LANO USE PLAN/DENSITY: :led In the Clerk's OffICe CUlt Cowt olthe City of Vlfglnla Beach, VIrginia, In Derk! Book 4201, at linia Beach (Court Building No. 10), 2425 Nimmo Parkway, Virginia Suburba(l Single-family / Ofle unit per acre to something less' than four Virginia in Map Book 26 page 2057, default haVing occurred In the paymant of the Note thereby each, VA" on December 3, 2002 at 10:00 a.m., the property unlls per acre. LOCATION: North side of Parke!" Road betwMn Send)' secured and at the request of the holder of said Note, the unaer described m said deed of trust, located at the above address and Hill Way. and Meridian Drive TAX. MAP SECTION/PARCEL: Nill be sold "AS IS" and signed Substitute Trustee Will offer for sale at.public auCUon at the briefly desClibed es; Lot 252B, "Resubdivlslon '9f Lots 224 thru 230 0594005000001 BOROUGH: Pleasant Grove nd. The sale is subject entrance to the Law Offices of Samuel I. White, P.C., 209 Business 8I1d 244 thru 262, Redwlng, Section Two, Princess Anne Borough, Vir. Proffer:Tht applll:ant/owner acrees not to Hbdlvlde the subjoct tents and restrictions, If Parj.c: Drive, Virglma Beach. Virginia, on November 19.. 2002 at 2:00 lima Beach, vI.rglnla., recorded in the aforesaid Clefk's Office in Map property Into more tttan 15 IoU. 100 lawfully affecting the O'ClOCK p.m. the property described in said deed, located at the above oak 156 at Page 25. , ALL INTERESTED PARTIES ARE INVITED TO AlTEND AND BE HEARD AT rollector. address and bnefly descnbed as; Lot 3, Btock R, Norlhlidge, 5eJ?tion T.he property and the Improvements thefeon .will be sold "~ IS. and THE PUBLiC HEARING. Councii meetings are teiecast Jive on WC,TV-48. ~posit 01 $5,900.00 will 1, with Improvements thereon. Terms of sal~; cash; A ,depOSit of Without representation or warran~l~s of eny kmd. The sale I~, ~obje~ The City of Chesapeake will attempt to make reasonOOle accommoda. :e to be paid within 14 $5,000.00, cash Of certified check, Will be requlfed at the time of sa~ to all liens.' 8l1cumbrances, crlOdltlons, easements and restnctlans, If tlons end selVlces necessary for sensory Impaired and disabled cili- lodditional terms may be With settlement Within fifteen (15) days from the date of sale. Addl. ClfIy, supenorto the mentioneddeed 01 trust 8I1d lawfullyaffectJngthe zens. Citizens wflO wisllto re~ive such aCC,QmmOdatlqrrs.must COil- ONTACT: Julian A. Sry.- tional terms may be announced at the time of sale. Pursuilllt to the property. This is a communicallon from.ll debt collector. tect Mr. RobM L. Copeland, Director of lfitergovammental Affairs arks Avenue, Suite 600, Federal Fair Debt Collection Practices Act, we adVise YOu that thiS firm Terms: CASH ,or certified funds. A bidder's deposit of $7,700.00 ~ll (362-6191), withintllree working days prior to the meeling. one; 757-437.9500 is a debt collector attempting to rollect the indebtedness referred to be required With the balance of the sale price to_ be paid within 14 DOLORES A. MOORE, MMC 9975160 herein and any information we obtain will be used for that purpose. days at the office 01 the Substitute Trustee. Addlllonal terms may be City Clertl ;~~U;I d~~~~~e:~~"F;u~~~~:ti~~U~n'ia~:ISs~~~eF~.m~~~~iWc~ :g~,oJ~~~b~\I~e ~~este~Oo~ ~~~~~tAJ~~~ ~~~Af~nu~~I~u7t:'8~ VP November 5 end Novemper 12, 2002 9984745 VA 23434 ~\\062201~rr~bl104~OB~S~~fsB;e::enDr~:~V~~~~a a~~a~~~361~.~~ ~~~~z~ach, VA 23451. Phone: 757-437.9500 (VAj02-19420/ THE CITv.oF ~o:::~~g~I=~~~::r AUTHORITY ~~~0~mtRr~rf1 ASAP504848 VP November 5 and November 12, 2002 9975142 FOR THE BENEFIT OF YOUNG MEN'S CHRISTIAN ASSOcIATION OF ed August 27, 1999, VP October 29 and November 5, 2002 9974835 $OUTH HAMPTON ROADS t Court for the CITY OF TRUSTEE SALE 4-653 Merrlmac ,Lane Vi'1linla 6each, VA 23455 In TRUSTEE SALE ~~.I;.,e...:~ (~e;e2~.t~~) ~w~st:e~." C~~,',f ,.~irf2~aC~:.a;:,', ~:~.e~~e~~~t. !\NO RE-ffECORDED AS execution of a Deed of Trust In the anginal principal amount of 1420 Rust Drive, Virginia Beach, VA 2345~219 '''1'' "1 ......,,, '" undersigned appointed $56,000.00, with an annual interest rate ,of 11.55% from Celvin C. in execution of a Oeed of Trust In tile orlgmal principal amount of SUite 1000, Virginia Beach, Virgmia 23462, will hold a pubhc Manng auctJon in the_CITY OF James dated November 5, 1996 recorded III the Clerk's Office of the $lBO,OOO.OO, with an ennual interest rate of 6.75% from Ivan James on the plan of finance of Young Men's CllnSlian Association of South Courts building located Circuit Court of the City of Virginia Beach, Virginia, In Deed Soak 3978, McMahon Jr. dated May 3, 1999 recorded in the Clertl.s Office of the Hampton Roads, a- Virginia nOll-stock, non.profil corporationJthe Com. November 22, 2002 at at page 1898, default having occllrred in the payment of the Note Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4076; =i. ~~rfoI~Cier~~Sj3~;~o.dd~~sf~fiS=~~s ~1~e ,~~~~i : thereby secured and at the request of the holder of said Note, tile a"t:,.a,!'y ,','04,',,,' ",~~I,t,',~',i",g,,',C~~r~f'h'"'~'~'dP,ar~f'.",';odtN~'',,'. f~: Development Authority of Matllews County, Virginia {the Mathews I ON THAT PARTICULAR undersigned Substitute Trustee will offer for sale et publiC auction at ~ " Autho...." of its recrea\lon.a! facilities -,.,nue bond i,.. ,n amount not MILL SECTION FOUR, the Imtrance to the Law Offices of Samuel I. White, P.C., 209 8usi- under.signed Substitute Trustee will offer for sale at pubilc auction at "'1 ,~'....' . .. RECORDED IN PLAT ness Park Drive. Virginia 8eecll, Vi~inie, on November 19, 2002 al tile entrance to the Law Offices of Samuel I. White, P.C., 209 Busi. to exc&ed $3,500,000 to assist the Company in permanently finarlc- OF THE C!RCUIT COURT 2;05 o'clock p.m. the property described in said deed, located at the ness Park Orive, Virgmia Beacll, Virginia, on November 14, 2002 at Ing the renovation/expanSIOn and equipping, including new aerobics above address and briefly described as; lot 23, EI.!i)'Side Villas, WIth 2;30 o'clock p.m. the property described in said deed, located at the studio, youth gymnasium, ectivity ~nter, loclIerrooms, and expanded improvements thereon. Terms of sale: cash: A deposit of $5,000.00, above address and brillfly described as: fitness center and child care_ center, 01 the Hilltop Family, YMCA,located cash or certified ch9l:k, Will be required 8t the time of sale ,with Lot 65 Thorougllgood Estates Section One With Improvements at 1536 laskin Road, Virginia Beach, Virginia 23451 {the Project). settlement within fifteen (15) days from the date of sale. Addlllonal thereon: " . . ~~Ir ~~~~e": ::.r:n ~f ~~ ~~T~ns~~ ~h~:'~.o~~ep~~~~ terms may be announced _at the time of sale. Ptlrsuant to the Federal TERMS OF SALE: CASH: A deposit of $15,000.00, cash or certified lleari whl II . d'l h Id 830 Fair Debt Collection PractICes Act, we advise you that this firm IS ,a check, will be required at the time of sale with settlement within fif- ng.. c may be continued or adjourne ,wlllle e at : debt collector attemptmg to collect the indebtedness referred to lIerem teen (15) days from the date of sale Additional terms may be a.m. on November 19, 2002. l1efore the Authority at Its office. The and any InformatIon Wtl obtain will be used for thatpurpose. Samuel I. aMOunced at the time 01 sale. Pursuant to tll~ ~erat Fair DeDI. Co~ = ~I~;h~\!:~~~, t~ ::~~t~:; ~~i~II~~~~: s~~lyo~r~ White, P.C., Substitute Trustee ThiS is a communication from a debt lection Practices Act, we advise you that this firm is a debt collector revenues derived from the Company.. Any person Interested in the (8~~~2/C~~V) i2b~rm:tion co~ta~; 0 .~~u~ I. Be Wh~te,v tCa ~:~~~I~~ ~ ~~~~t~i~eb~n~:~~~~II~~ ~~~::e~ to herein and any Issuance of the build or the location ornatu.1"ll of the Projectmey 23462 757--457 1460 ug~rs:e~en ~'OO ~ ~liaand ~l:30ir ~% SAMUEl!. WHITE, P,C.. Substitute Trustee appear end be heard. A copy of the resolution to be considered by the A$AP504a50 - - .. .. . .. This Is a communication from a debt collector. Authority a,fter the piJIJlic heerin~ Is on file,andis open for inspection et VP October 29 and November 5, 2002 9974820 ~~LNlt.OI~~\~~~ ~~(~CJ~.Q2/CONV) . the Authority's offICe during bu~W:~F ~R~iNIA BEACH OEVELOPMENT 209 8usinessPerl; Olive , Vp November 5 and NOVembet~~~~~TJ 9974660 TRUSTEE'S SALE OF ~~1~~7~~4m- :g~:r~e~~::n2 1058 COMMONWEALTH PLACE, VIRGINIA BEACH, VA. 23464 9:00a.m. and 11;30 a.m. C~ake In execution of a Deed of Trust in tt\e original principal amount of VP November 5, 2002 end November 12, 2002 9968408 $51,500.00, witll an annual interest rate 0(7.50000% from ULUAN . VIRgiNIA ~e ~~~ ~~~ ~:: t'll~ogt'VI~d B~g~l~ O:~dB=~~70J , NOT~E OF TRUSTEE'S SALE NOTICE OF PUBUC HEARING AT PAGE 0150, the undersignedappoirrted Substitute Trustee will offer In eX9l:lIlion of a certeln deed of tr~st dated June ~, 1996 and A PYlllic Healing will De held by the CllesapeakeCity Council on Tues- for sale at public euction in the CITY OF VIRGINIA BEACH, at the fro,..t recorded on ~une 5, 1996 In the Clerk s Office of the City of Vlrilnla ~.- November 19, 2002 6:30 p.m. in the Council Chamber, City Hall door of the law firm of Shapiro & Burson LLP 240 Clearfield Avenue Baa~h, Virgima, AS INSTRUMENT #0081337, INDEED BOOK 3624, Building, 306 Cedar Road, to COI1sldarthe follOWing petitions Suite 321 Virginia Beach Virginia on NOvemher 16 2002 at 11'30 PAGE 1837, from the OnglnalBorrower(s) to 6.H. Hanselll~ and M.D. TA-Z42~ _ _ ' AM the Propertywilh improvements to wit ' . Barnes, Jr., Trustee(s), and defau!t'hevir\i):been ma(le In the payment An Ofdlnance,amendlllg Appendix "A" of the Chesapeake City Code, , lor' 6 IN BLOCK M AS SHOWN ON THAl CERTAIN PLAT ENTITLED of the debt secured, with tile original principal balaoceof $4O,000.OQ, errtitled "Zoning: Section 14-707 thereof.. to allow signs in unim- "SU8DIVISION OF PARcEL 'K.6' LEVEL GREEN TOWNHOUSES, SITE Ill, and at.1he req~st of the lleneflCia~ under said deed of trust the proved public rlght-<lf-way under certain conditions. PART I KEMPSVILLE BOROUGH VIRGINIA BEACH VIRGINIA' WHICH unders!gned, hal'lng been duly appOinted Substitute Trustee(s), has TA-z.o2~ PLAT IS RECORDED IN THE CLERK'S OFFICE OF T'HE CIRCUIT COURT declared all the debts and obligations secured ~the deed-oftrust dueAo ordinanCl!! amending Appendix "A. of tile Chesapeake City Code, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 164, AT and payable and will ~Her for sal~ at. public auCtion to the lIigtlest bid- entitled ."ZO,..ing," Section 19411.6;27 and C, thereof, to modify pari(. PAGE 38. . der In ~nt of Virginia .B~ach Circuit Courthouse 2425 Nimmo Park. Ing requirements lor churches. ;1nd described in the above Deed of Trust. (Tax Map No. way Virginia Bj:!ach, Vlrgmla 23456. on November 21, 200~, at 8;30 TA-Z.o:w.O 1456-41.9989-0000j A:M., the fOliowin~ described property located at 3460 Bancroft Drive An ordinance amending Appendix "A" of the Chesapeake City Code, THIS COMMUNICATIoN IS FROM A DEBT COlLECTOR. Virginia Beacll,.Vlrglnla 23452, and more particulariy described as entitled "Zoning,. SectiOllS 16-102, lH02, 17.103 and 17.104 TERMS OF SALE: All CASH. A bidder's deposit of $5,100.00 or FOlLOWS, TO '(lilT: , .' ,. . thereof, to modify application requirements for rezoning end condi- 10% of the sale plica, wllichever Is lower, will be required In cash, cer- All that certam lot. PKlce or parcel of .Iand, W1.th the ~u!I~lngs and tional use penMs. .' tilied or cashier's check. Settlement within fifteen'(lS) days of sale, Improvements thereon,_sltuate, located I~ the City of Virginia E1eac:h, A.RESOumoN TO AFFIRM THE ESTABUSHMENT OF THE URBAN, otherwise Trustees may forfeit deposit. Additional terms to be VI~lnla,known~dd"eslgna.ted.aslotE, In Blo<;k.s 42 &53,es sllown SUBURBAN, COUN11I:YSJDI AND RURAL OVERLAY DISTRICT AND announced at sale. Loan type: CON. Trustee's FIle No. 02.753590. on that plat entitled :Subdlvlslon plat of lot 7 and percel B, Block 42 All REZONINU'THERf UNDER" PROFESSIONAl FORECLOSURE CORPORATION OF VIRGINIA, Subst~ & 53 (M.B. 121, P. ~4):. lots 1 8< 2, BlOck 18 (M.B. 139, P. ~8): TA-z.02.()4{REV) tute Trustees C/O SHAPIRO & BURSON LlP 240 Clearfield Avenue Pecan Gardens SubdIVISion. Lynnllaven Borough Borough, Virginia ,AN ORDINANCE MOOIFYING CERTAIN PORTIONS OF TliE AMEND- Suite 321 Vir'ginia Beach VA 23462 (757) 6!h.s777 ' Beach, Virginia", which said plat iS,dUly recorded in t.he Clerk's Office MOOS ADOPTED ON OCTOBER 15, 2002 TO APPENDIX .A' OF THE VP NOVEMBER 5 AND 12' 2002 . 9985496 of the Circuit Court of the City of Virginia Beach, Virginia, In M,ap Book CHESAPEAKE CITY CODE, ENT!T\.ED .ZONING," SECTIONS 19-708, . 146, at page 55. _ _ , _. 19-709 ANO 19-712 THEREOF, TO REOUCEffES IN LIEU Of OPEN NOTICE OF TRUSTEE'S SALE ThiS conveyance is subj9l:t to aU easements, restrictions, conditIOns, SPACE REQUIREMENTS FOR MULTI.FAMILY, PLANNED UNIT DEVELop. In executioo of a certain d~ of trust dated January 25, 1994 and imd reservatIons of record affecting the title to the property hereill- MENT, GROUP HOUSING FOR THE ELDERL'!" AtlO OTHER RESIDENTIAL recorded on February 1, 1$194 In tile Clerk's Office of the City of Vir. above described. ., _ ' DEVELOPMENTS WHERE IMPROVED PRIVATE pARKS ARE PROVIDED. ginia Beach, Virginia, IN DEED BOOK 3342, PAGE 1292, from the The beneficiary resetV9sthe, light to bid at said sale. AlUNTERESTEO PARTIES ARE INVITED TO ATTEND AND 8E HEARCiAT Frarocis A. Gerner to Linda Johnson Hoitz, Trustee(sl, and default Mil- TERMS OF SALE: Casll, certified funds, caslllers checks, trust account THE PUBLIC HEARING~ Council meetings ar$1el9l:astlr,.e on WCTV-48. Ing been made In the payment of the debt secured, and at the request checks.' _ The City of Cllesapeake will attempt to make reasOf1able accommoda-. of tile benefiCiary under said deed of trust the undersigned, havlllg !\, bidder's deposit of TEN percent (10%) MAY be reqUired on date of lions and services necessaiy fqr sensory Jmpalred end disabled eltl' been duly appointed Substitute Trustee(s), has declared al! the debts saie with settlement in full \0 be made within 15 days from date of tile zens, Citizens who wish to fecel~e such a~(l1odatloIlS must cl?ll- 'C and obhgatlons S9l:ured by the deed of trust due and payable and Will said sate. , . tact Mr. Robert L. Copeland, Director of Intergovemmental Affairs offer for sale at publiC auction to the highest bidder In front of Virginia This. notic.e is an attempt 10 collect edebt and any IIlformation (362.6191). within three working days prior to themeetiog. Beach CirCuit Courthouse 2425 Nimmo Parkway Virilnia Bead!, Vir. obtained Wilt be used for that purpose. Q9LORES A. MOORE, MMC Z ' ginia 23456, on November 21.2002, at 6;30 A.M., the follOWing TS#; 02.V9B31VA City Clerk described property located at 604 Johnson Street Virginia Beach, Vir. Loan Type: ~ONV VP November 5 and NOIIember 12, 2002 9984699 ginia 23452, and more particularly de~cril)ed as. FOLLOWS, TO WIT: for Information Contecl: ALL THAT CERTAIN LOT PIECE OR PARCEL OF LANDWITH THE 8UiLD- SPECIALIZED INC.. OF VIRGINIA, INGSAND IMPROVEMENTS THEREON SITUATE IN THE lYNNHAVEN SUBSTITUTE TRUSTEE MAGISTERIAL DISTRICT PRINCESS ANNE COUNTY, VIRGINIA (NOW THE 722 E MARKET STREET Suite 200 CITY OF ViRGiNIA BEACH. VIRGINIA) ANO KNOWN, NUM6EREO AND LEESBURG, VIRGINIA 20176 DESIGNATED AS lOT 40 ON THAT PLAT ENTITLED 'PLAT-OF lIlTLE (703) 779-0080 NECK VILLAGE EXTENDED" WHICH PLAT WAS MADE BYW.8. GAllOP Callbetwee:n9AM-UAM EST ONLY MARCH. 1955, AND DULY RECOROED)N THE CLERK'S OFFICE OF THE VP October 29, November 5, 12, 19, 2002 CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 38, AT PAGE 55. This conveyanca is subject to all ,easements. restrictions. conditions, and reselVatlons of record affecting the tlUe to tt1e propeftyllerelll- above described. The beneficiary reserves therigllt to bid at said sale. TERMS OF SALE; Cash,certifled funds, caslllers checks. trust account checks. A bidder's deposit of TEN percent (10%) MAY be required on date of saie with settlement in full to be made within 15 days from date of the 'plincipal amount of said sale. .5% from Vincent G. This notice is an attemplto co)lect a debt end any information 'k's Office of the Cir. obtained will be used for that purpose. Deed Book 21B9, at TS#:02-V9B23VA "of the Note thereby LoanType:VA;VA aid Note, the under. ForinformalionContacl: public auctiOfl at the SPECIALIZED INC., OF VIRGiNIA, of Chesapeake, 307 SUBSTITUTE TRUSTEE ember 26, 2002 at 722 E MARKET STREET Suite 200 deed, located at the ~E~E.8Y_R5l. Y~R_GiNIA 20176 If- <Map No. 253129500) ClOR. XlSit of $B,500.00 or e required In cash,cer- teen (15) days of sale, X1itional terms to be FIle No. 02.75316V. Of' VIRGINIA. Substi. 240ClearfleldAvenue, '-8777. )2 9972144 1. VA 23707 In execu. lO:Iountof$35,650.00, leyG. Meers, Jr. dated otthe CirJ;uit Court of 1054, at page 1678, N<Jte thereby secured he undersigned Subst~ at the ef1trance to the Ih,Virginla,onNovem- Ilftydescribedinsaid ~ described as; Begin- 1ue 100' South of the \driatic (Rlrmerly First) Ie East side of Rood a street140'loa-15' Me 30'; 'thence West, nt of beginning,. with deposit of $2,500.00, he time of sale with lte of sale. Additional ursuant to the Federal 011 'that 'this firm is a 1eSS referred to herein 'lilt purpose. Samuel I. lu,..icationfrom a debt IIlI I. White, P.C. rginlaBeach,Virglnia l.m. and 11:30 a.m. 9975593 ,Virginia 240) lofac(lrtainDeedof ~rt~C~~u~tmC~~ ~~ l:i~J:fo~ ~Sh t~~ ebuUdingl10uslngthe ~~~=io~1~~~"e lfded in the aforesaid .,(includingthelienof >>-I9nants,andcondi- Wluld be disclosed by f 1,500.00 at time of ;. Tile successful bid- Trustee'sSaleoutiin. :hwill be available for 9974342 (j)Nl,dolk Foreclosures - Elsewhere 9979230 Trustee's Sale 22244WoMsTreil,Franklin, Virginia (Ta~ Map 10 No. 63A.l.13) Defaultllavingbeen made In tile terms of a certain Deed of Trust dated November 22. 1997, in the orlglllal prinCipal amount of $80,343.35 and recorded inthe Clerk'sOHice of tile Circuit Court of Ihe County of SOUthampton, Virginia in Deed Book 437',at page 369, the undersigned Substitute 7rustees, Will sell at public auction for cash on November 13, 2002,'at 12:15 p.m., infrontoltllebulldi~g lIousingthe Southampton County Circuit Court, 22350 Main Street, Courtland,VA,tllepropertydeslgnatedasLot13containlng24,739 sq. ft,and shownona plat entitled "Pllysical Survey Showing LOl13, Section I, Edgehlll,Located on Route 706. At Edgehill Orive, Franklin MagisteriaIOistrict,SoulhamptonCounty,Vi~inia.,acoPl'ofSaidplat is duly recorded In the aforesaid Clerk's Office In Deed Booll 273,et M"~O"''' PUBUC HEARI~ .t The Council of the City of Norfolk wi!l coiKlucta PUBLIC HEARING In ". the Council Chamber. eleventh floor, City Hall Building, TUESDAY, NOvt:MBER 19. 2002 at 2:30 P.M., pursuant to State Law on the fol- lowing applications: .' OLD DOMINION REAL ESTATE FOUNDATION,for the following applica- tiens on property fronting 530 feet, more or'Il!!SS. along tile western 1ir1e of KiHam Avenue, beginning at the \I'Ilstern prolongallon of the.. soutllem Ilne of 44th Street and extending,northwardly. Therectangu..,..., lar sllaped site also extends 570 feet, m,re or,less, westwarafrom Killam Avenue. The Generaf Plan 0INorfolk.-1992,depictstllearea as both IndustOal/transportation/u~lity and higll den~lty reSidential. Tile, ptwpose oftllis application Islodevelopstu~entho~sin~ ' NOVf\!Abtr 5/200'7.. .PCS Foreclosures. PCS Foreclosures. Va. Beach legals .111. 'vA 23434 In exe<:utioi1 of a TRUSTEE SAlE 411 StlOfeblrd Lane Chesapeake, VA 23323 In 81\E1cu. TRUSTEE SALE 4217 Canebfake Court VirJinla Beach. VA 23456 III TlOllnt of $95,829.00, with an tIon of a Deed of Trust In the original principel amount of execlltlQf1 of a Deed of Trust In IlIe anginal pnncipal amount 01 1ft M~'Murphy dated December $118,610.0Q, with an ann~allnterest rate of 7.25% from Scott_F. WI~ $184,650.00, from Ernest F. Lewis dated September 15, 1998 f ttle Circuit COllrt of ttle City of Iiams and Lisa C. Williams deled June 11, 1998 recorded In the recordel! in the Clerk's Office of the Circuit Court of tile City of Virginia '15330, at page'470, default Clerk's OffICe of the Circuit Court of the CIty of Chesapeake. VtfI!:ima, Beach, Virginia, in Deed BooII 3953. at page 1698, default having Gte therebv secured and at tile In Deed Book 3685, at page 504l1nd modified In Deed Book 4105, atoccUll1Id In the payment of the Note thereby secured 8;Od at the mdersigned SubstiMe Trus~ page 162, ctefal,l/t having OCClJrred In the pa~ent of the Note therelJy request of the holdllr of said Note, the ur\derslgn&<j Substitute Trustee tile entrance to the Godwin secU18d and at the request of the holder of said Note, the under- will offer for sale at public auctioo at the entrance to the lew Offices of t, Suffolk, Virginia, 0f1 Noverr;. signed Substitute Trustee will offer for sale at public auctiOl1 at the Samuel I. White, P,C., 209 Business Park Dri\le, ,'(\!'ginla Beach, Vir- Ile property described In said main entrarlCe to the Circuit C,oort of the City of Chesepeake, 307 gIrlia, on NOvember 19, 2002 at 2:05 O'clock p.m. the property :l briefly described as: Lot 57, Albemarle Drive, Chesapeake, VIrginia, on November 19, 2002 at described In said deed, located at the above address !;Ind Melly wnhouses, Phase Four", with 10:30 o'clock a.m. the property descfibed In said f:leed, located at tile descnb&r:l as; Lot 48,Hlllcrest Farms"Phase lA, with improvements :ash: A ~posit of $7,500.00, above address and briefly described as: Lot 23, Deep Creek Crossl~, thereon. Terms of sale: cash:,A depoSit of $15,000:00, cash or cert~ lld at the time of sale with Section 3, with improvements thereon. Terms of sale: cash: ~ dePOSit lied clleck, will be required at ,the time of sale with settlemem within n the date of sale. Additional of $10,000.00, cash orcertifJed check, WlII be required at the time of firt,een (lS) days from the date of sale. Additional terms may be sale. Pursuant to the Federal sale with settlement within flfteen (15) deys from the date of sale. aMOUnced at the time of sale. Pursuam to the FeOeraI Fair Debt Col. :tdvise )'Ou that this firm is a Additional terms may be annoul'IC8d at the time of sale. Pursuant to lection Practices Act, we advise you that this firm Is a debt collector ldebtedne,ss referred to herein the Federal Fair Debt Cotlection Practices Act, we ad\'lsa you that this attempting to collect the Indebtedness referred to herein and any ed for tflat purj:lose. Samuel!. firm Is a debt collector <lrtempting to c,ollect the indelltednesneferred information we obt<lin willl)e used for that PWPOSl!. Samuel I. Whits, a CQmm(jfllcation from a debt to herein and any information we obtall1 willl)e used for that purpose. P.C., Substitute Trustee ThiS Is a communication from it debt collector. all. White, P.C. (:2709-02/VA) Samuel I. White, P.C., Substitute Trustee This Is a communication For Information c,ontact: Samuel I. White, P.C. (2726-0~VA) 209 ~nda::~~ a.~~~P5Jl~; [~~~i~~~~II~tgr'J~~I~~s~~i~n ~:~i:~ue~ac~~i~l'r:ri~ ~:IW~~~:~~.11n~a1~~~:~rl~~~~~~ 757-4 7-1460 . 9975105 23462 757457.1460 Call Between 9;00 a.m. and 11:30 a.m. VP October 29 and November 5, 2002 9975090 ASAP504852 ' VP October 29 and November 5, 2002 9974794 PUBUC ~nCE Notice is hereby liven that Scott Ri,ell tIas applied fora permit from the Marine ResoUl'CElS Commission to dredge 580 clAlic yards of bot. tom material to create a JTIOOlinlfb8sln with an average project depth of minus six feet (-6') at mean low water and construct BIlproximately 100' of bulktleadin(at their property situaled along Linkhom Bay in V1rgllliaBelk:h. send commems/lnquiries withil\15 days to: the Marine Resources Commission, Habitat Management Division, 2fiOO Waslllngton Avenul,3rdFlOOf, Newport.News, Vifiinla 23607. tsmoutll, VA 23701 In execu- nclpalamountof$71,421.00, I Chllrles D. Parker, Jr. dated ; Office of the Clrcuil Court of d Book 1219, at page 1652, of the Note thereby secured Note, the unclersigned Substi- lIuctionattheentrancetothe rtsmouth, Virginia, on Novem- oe property described In said I bfiefly described as: lot 99, ents thereoo. Terms of sale; ertified check,will be required lin fifteen {15} lIays from the n(loun<:ed at the time of sale. :tioo PractJces Act, we advise emptlngto collect the ifldebt. n<lUon we obtaill will be used SubstlMe Trustee This is a r Information contact: Samuel 'ss Park Drlve Virginia Beach, :tween 9:00 a.m. and 11:30 H011CE OF, PUBLIC HEARING BY THE CITY OF V1RGINJA BEACH DEVELOPMENT AUTHORITY FOR THE BENf:m OFAIf'HALT ROADS. MATERlALS CO., INC. _, Notice,is hereby given that the City of W,glnla I,k\acll Deve!Qpment Authonty (the Authority) Whose address is 222 C!;!ntraI Park Avenue" Suite 1000, Virginia Beach, Virginia 23462, will hold a J)Ublic hearing on tile pfan offlnance of Asphalt IWads& Materials Co., tnc., a Vir. giniatorporatlon (Itle Company), the principal business address of which Is 4901 Cleveland Street, Suite 2, Virginia Beach, Virginia ~:~~, II~s~~~o';r~h:o~~:: t,~,tt: ~~~~~~ Company In financing the acquisition and Install8tionofa new asphalt TRUSTEE SALE 3817 Aberdeen Court Virginia Beach, VA 23456 In marwfacturingplant to be located at 4985 Euclid Road, Virginia Beech. TRUSn:E'S SALE OF 911 Garfield Avenue Suffolk VA 2343410 execu- execution of a Deed of ,Trust In the .Oflginal principal amount of Vlrgmia 2346"2 (the ProJectJ. The Project will be ownQij by the. Com- tlon of a Deed of Trust In the original principal amount of $31,500.00, $87,.03S.OO, from BHtyR.Elkinsa/k/a Bllty R.EllIlns Sf. and Tharan L pany. The proceeds of the bonds will also finance a portion of the cost W09~~=, ~~~ a~~~~ r:C~~:~ft~ra~I:;:)co:7~ ~~~ ~~~ ~~t ~ ~=i~~~:, 1~;i;~ej~'~~C:O~k~~~~ ~~~,~I ~e~;ld~~~3~ca~~~'~~~~ 2COO~~:10~~ the City of Suffolk on 11/18/1998 as Instrument # 980012218, In page 1718, default having occurred in the payment of the Note thereby the Authority in ,the conference room at its office. The bonds will not Book 62.0. Page 496, the lII\d8l'SIgned appointed Sli3stitute Trustee secured and at the request of the holder of said Note, Ihe under. pledge the. credit or Ule taxlngp6wer of the City of Vlfgin,.. ,Beach, Vir. ~~s~ffe~/~~ sac~~~ p~:~ ~:~o: ~ tho~ ~~I~~;~fN~~ ~~~ :~~c:~~s~~ia:ru~~~e:~f o:~: f.a:n~~~~b~, ~~I~U:i~: ~'~ ~ ~~y ~~ ~:~ta:s:ern ~ rl':':~:~ d;r~~ Slreet, Suffolk, Villinla on 11/26/2002 at 2:45 P.M., the property Park Drive, Virgln18 Beach, Vlrgin18" on November 19, 2002 at 2;00 bonds or the l:atioo or nature of the Project may appear aM be with Improvements to wlt; All that certamlot or percalof land, formerly o'clocll p.m. the property descrTbed III said Geed, rocBted at the above heard. A cop)' of the resolution to be considered by the Authority alter In Nansemond County, Virginia, flOW Holy Neck BoroUgh, Sufrolk, Vir- aclc:lress and briefly described as: Lot 24, Block A, Plat of Green Run the public hearing \ViII be on file and open for Inspection at the gioia, on the north side of the Seaboard Coast Une Railroad Company, PUO, Section H.2, Pelt 1, with Improvements thereon. Terms of sale: Authority's officedunng business hours prior to the public hearing. formerly Seaboam Air Une Railroad, designated as lot No.2 Dfl the cash: A deposit of $7,500.00, cash or certified check, will be required CITY OF VIRGINIA BEACH DEVELOPMENT map of BOSTON PARK, made by Roy 8lil'lkley, C.E., dated May, 1949 at the lime of sale wltIl setUement within fI1te8l1 (15) days from the AUTHORITY and recorded in the Clerk's Office of the Circuit Court of the City Of date of sale.. Addltlo~1 teons may be announcllll at the time of sale. VP November 5 and Novemtler 12, 2002 Suffolk. Virginia. And more ful!}' described In the above Deed of Tru$t. Pursuam to the Federal Fair Debt Collection Practices Act,we advise Commonly known as 911 Garfield Avenue Suffolk VA 23434. Tax ID: you that this firm Is a debt cbllector attempting to collect the Indebt. 34B-P2. Terms of Sale; All Cash., A bidder's deposit of $2,900.00 or eelness referred to herein and any informatIOn we obtain WIll be used 10% of the sale price, whichever IS k>wer,,wlll be required in cash, C8f- fOf that purpose. Samuel I. White, P.C., Substitute Trustee This Is a tified or caShier's checK Settlemelll withm twenty (20) days of sale, commulllcatlon from a debt collector. For information contact: Samuel othelWlse Trustee may forfeit depOSIt. Additional tenns to be l. White, P.C. (212tw2/VA) 209 Business Park Orive Virginia Beech, announced at sale. This nolice is an attempt to collect on a debt end Virginia 23462 757-457.1460. Call Between 9;00 a.m. and 11:30 any information obtained will be used for that purpose. Loan Type: a.m. ASAP504840 Conv/Conv (Trustee # l84536VIR) Substitute Trustee: Omper &< Gold- ,yP October 29 and November 5,2002 berg, PLLC, 750 Miller Orive, Ste. C-l, Lees~rg, VA 20175. ~~~b:rlgJ'a~~~~~~~~~OO~Old.com ASAP50~~3B9 Public Hearings 1i. 9984418 ~ NOTICE OFPUIUC HEARING APubIIcHearing.willbelleldbl~' . VIRGINIA Chesapeake City Council on .ues- (,lay,NovemIler 19,20026:30 p.m. in the Council Chamber. City Hall Bullding, 306 Cedar Road, to coo. ~~~J2~:fO~::~fm~ons: RICHl2-38 APPLICANT: Creekbend Associates. LLC AGENCY; Leclair Ryan TRUSTfE SALE 3908 Arleen Court Virginia Beach, VA 23456 In execu- PROPO~AL:, A. conditional zoning 'reclassification .from. M.2, General tlon of a Deed of Trust in the original principal amount of Industrial District (HeaV)' Industrial) and R-8s Residential Distrlcl to $104,109.00, with an annualiflterest rete of 6.50% from, LaIT)' C. R-12s Residential1?lstriCt on 77.8t acres. PROPO.SED lAND USE / Hamiter ancI Alice G. Hamiter dated December 16, 1998 ~rded in DE.NSITY: Urban Single-family with one to somethlflt less than fo.ur the Clerk's Office of the Circuit Court of the CIty of Virginia Beach, Vir- Ul1ils EXISTiNG lAND USE PlAN/ ~SITY; Water.related Industrial TRtlSn:E SALE 1297 Fenton Street Virginia Beach, VA.23464-0000lri ginla, In Deed Book 4003,.at j:lage 996 and re-recorded in Deed Book with n,? .denslty LOCATION: Rlchwtiod Avenue-Sooth of Forest Cove execution of a Deed of Trust In the origiMI prinClpalllmount of 4012,atpage 79B,default having occtlrred in the payrnent of the SlJbdivlslon,.northofl-64,eastofWoodsofOeePCre:ek. and west of $135,660.00, with an annual inlerest rate of 8.25% from Alexis E. Note thereby seClJred and at the request of the holder of said Note. the Elizabeth River TAX MAP SECT1ClNJPARCEl. portion of Young and Amy Young dated December 28, 2001 recorded In the the undersl&nl'Kl Substitute Trustae will offer. for sale lit public auction 0343001000440, 034;3002000040,0350000000591, Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginiq, at the entrance to the Law Offices of Samuel I. White, P.C., 209 Bus~ 0343OO1OQ0001. BOROUGH; Deep Creek in Deed Bock 4591, al page 1673, default having OCCUlTed in !he IleSS Park Drive, Virginia Beach, Virginia, on November 19, 2002 at AU INTERESTED PARTIES A~E INVI~ED TO ATTEND AND BE HEARD AT paYment of the Note thereby secured and at the request of the holder 2:00 o'clock p.m. the property described in said deed, located at ttle THE PUBliC HEARING. CounCIl meetings are telecast live O!'l WClY-48. of said Note, Ihe undersigned St.tlstitute Trustee will offer for sale at above address and briefly described as: Lot 14, In Block B, "Plat of t:he City of Ch~sapeake WlII attempt to ma~ re~sonable a.ccommoq,,!' public auCtion at the entrance to the Law Offices of Samuei I. White, Green Run, P.U.O. Subdivision, SBCtiorl [)'3, Part 1", with Improve. tlons and selVlCes ~cessary for SInSOf)' uTlj:l8lred 8fl!:l disabled cltl" P.C.. 209 Business Park Drive, Virginia Beach, Vifllinlll, .on November ments tlleraon. Terms of sale: cash: A deposlt of $10,000.00, cash or lenS. Citizens who. Wlsh to recer.:e such accommodations must ~ 19, 2002 at 2:00 o'clock p.m. the proparty descnbed In said deed, certified check, will be required al the time of sale with settlement tacl Mr. Robert.l. Copeland. Director. of Imergovemmental Mans located at the above address and briefly described as: Lot 1, Indian wtthin fifteen (15) days from the date of sale. Additional terms may be {382-6191,t within three working days prior to the meeting. River Crossing (reference Deed D.R 4364, Page 360), With Improve- announced at the time of sale. Pursuant to the Federal Fair Debt Co~ CDityOLORC1 ~ MOORE, MMC ments tllefeon. Terms of sale: casll: A deposit of $10,000,00, caSh or lection PractiMS Act, we advis& you that thi; firm j; a dabt collector e certified check, Will be required at the time of sale with settlement attempting to collect the indebtedne6s referred to herein and any VP November 5 anti November 12, 2002 within fifteen (15) days from the date of sale. Additiooal terms may be mformation we obtain wi!! be used f01 that purpose. Samuel I. While, announced at the time of sale. Pursuant to the Federal Fair Debt Co!- P.C., SubstiMe Trustee This is !;I commurucetion from a debt collector. 2 9960393 laction Practices Act, we advise you that thls firm is a de.bt.collector For Information contact: Samuel I. White" P.C. (2743-02/VA) 209 .I.E attempting to collect the Indebtedness referred to herein and any BusIness P&rk Drive Virginla BeaCh,Vi1)n1323462 75745H460. smouth VA 23702 ~~.~~~~~t~e ~~~re:~lhrSei~~o~m~~~ftr:~in ~~U~I ~Ol=~: ~1~=2:~~ t~w~~n~3~002. SAJl50484~975Q14 -: C~ l~n~~~~~~~ ~1,~~ For Information contact: Saf1lUel I. White, P.C. (2693-02/VA) 209 . recorded In O86d Book 1248 ~~~i~~~~:~r~:g&,:~.ir~~al~:~~~:ni.i~5~~~ 757457-1460 . 'fIT~te~e Wl~~h,:1 f~u~ubl~J VP October 29 and November 5, 2002 9974858 urt Courthouse of the ~ity ,of TRUSTEE SALE 204 Harrier Street Virginia Beach, VA 23462 In execu. Stn;!et, Pmtsmouth, Vlrginl~, tion of a Deed of Trust in the original principal amount of $66,127.00, 18 property. descnbed. 1f1 said with an annual interest rate of 8.50% from Andre D. Lopez and Jasmin ess and briefly descr!bed as: Lopez dated February 2,2000 recorded in the Clerk's Office of the Clr. "8Corded~,tf1e Clerks Office cuil Court of the City of Virginia Beach,Virgillla, in DeedBook4201,at oake, Virginia m Map Book 26 page 2057, default having occurred in the payment of the Note thereb9 secured and at the request of the holder of said Note, the under- signed Substitute Trustee will offer for sale at public auction at the entrance to the Law Offices of Samuel I. White, P.C" 209 Business Park Olive, Virginia Beach. Virginia. Ofi November 19,'2002 at 2:00 o'clockp.m.thepropertydescrlbedlnsaiddeed,locatedattheabove address and briefly liescrlbedas: Lot 3, Block R, Northridge, Section 1. with improvements thereon. Terms of sale; cash: A deposit of ~~~~~m~~~hw~~h~~~~~nc~r~' :~b~:~~h:d d~~~fb~~e~ :J~ ~::;aleF~~ D~~r g;lI~ti~~P:~i~~~hki~r: ~~S:'y:~~nt~~ f;~ is a debt collector attempting to collBCtthe indebtedness referred to 9975160 ~:~~el~.d ~~~~~I~~c.~t~~b:tftu~~~~~:~ bfhi~si~ ~orc~~~~a1~e~ : OF from a debt collector, For information cootact: Samuel L White, P.C. )lK, VA 23434 ~13~06220%'jl':~r?1O:60B~SC:lrsB=enor~:bov~~~~ a~:a~~,:~~i.%~ original princij:lal amount of ASAP5Q4848 . ~a~~0~~stfro2~,A~~~~ VP October 29 and November 5, 2002 9974835 :ircuit Court for the CITY OF TRUSTEE SALE 4653 Merrimac Lane Virginia Beach. VA 23455 In 130 AND RE.RECORDE~ AS execution of a Deed of Trust in the original principal amount of tI1e unde,rslgred appolllted $56,000.00. with an annual Interest rate of 11.55% from CaMn C. ubhc auction In li:'e CITY OF James dated November 5, 1998 recorded in the C!erk'6 Office of tfle dwin Courts building located Circuit Court of the City of Virginia Beach,Virginia, in Deed BooI< 3978, . on November 22, 2002 at at page 1898. default having occurred in tfle payment ,of the Note to""t: thereby seculed and at tha request of the holder of said Note, the 10WN .oN THAT PARTICULAR undersigned Substitute Trustee will offer for sale at pI.b!ic auctlon at m's MILL SECTION FOUR, the entrance to the Law Offices of Samuel!. While, P.C., 209 Bus~ ~INlA", RECORDED IN PLAT ness Park Orive, Virginia Beach, Virginia, on November 19, 2002 at FICEOFTHEC1RCUITCOURT 2:05 O'ClOCk p.m. the property described in salddeed,located at the /T...M;onNn ?.....1?<:l<;M\ ~bove address and brie.!lydesCli!>ed as: Lot 23, Baysi;::le Villas. ,wIth 9974999 iveChesapeake,VA23321!n original principal amount of ate of 6.75% from Jonathan recorded in the Clerk's Office peake, Virginia, in Deed Book :UTl'edinthepayrnentofthe It of the holder Of said Note, Jffer for sale at public auction rtoftheCityofChesapeake. la, on November 13, 2002 at dlnsaiddeed,locatedatthe : Unit it4-2-106R, The Mead. terest in the common areas. 0.00, cash or cemf\ed dleck, settfement within fifteen (15} ms maybe announced at the Debt Collectron Practices Act, :oIlectorattempting to collect llny Information we obtain wilt lite, P.C., Substitute Trustee mor. Forinform"tion contact: 209 Business Park Drive Vir. 60.Call Between 9;00 a.m. 9975069 Foreclosures. Va. Beach 9987259 ~ake NOTICE OF PUBLlCHEARINQ sa A Public Hearingwi!l be held by the . VIRGINi" Chesapeake Clty'CouncH on tlleS- day, November19,20026:30 p.m. In the Council Chamber, City Hall Building, 306 Cedar Road, to con. sider the following petillons: R{CI-02<27 PROJECT: R;xgateForest,Phase2 TRUSTEE'S SALE APPLICANT: SIMAC Development Corporation 1536 Snowbird Court, Virginia Beach VA 23454 AGENCY: Hoggard(EureAssoclates, P.C; In execution of a deed of trust dated June 29, 1998, recorded in the PROPOSAL; A conventional loning reclassifICation for 5.762 acres Clerk's Office of the Circuil Court of the City of Virginia Beach, VA, in from RE.1Resldential Estate District (5.721 acres) and R.15s Singl!!" ~: ofas;l~:~JO~ ~:~~~~i~~u~Zfs~~~e T~as~ei,n :le oo;~I:~ ~i~~tR';~;~~~ ~~~tuWEo;&~SI~O~~~~~~I~e~~~C;:~~ public sale on the front steps of the Judicial Center for the City of Vir. approximately 3.2 units per acre EXISTlfItG.t:ANDUSEPl..AN/OENSITY; ginia Beech (Court Building No. 10), 2425 Nimmo Parkway, Virginia Suburban SlnglMamlly / one ullll per acre to somet/ung less than four Beach, VA, on December 3, 2002 at 10:00 a.m., the property units per ~re. lOCATION: Nort~ Side of Parker Roa~ bet~en Sandy described In. said deed of trust, located at the above addre!JS and ~~~4~~1 B~~~J~H: im,:anr~fO'IeMAP ,SECTION/PARCEl: ~~"1:~b~;,ske~ti~~;i~~si:,ivI~~~e~ ~~e2fi:r~~,2~~ Proffer:The ..,pIIcant/owlle\' ""'" not to subdivide tile sllbJerl to~ ~;c~ ~~1~n~a~, recorded In the aforesaid Clerk's Office in M<lp 'Amm-E~~pl~ar~E~A~iNVITEO TO ATTEND AND BE HEARD AT The property and the Improvements thereon Will be sold "AS is" and THE PUBLIC HEARING. Council meetings are telecast live on WC1V48. without representation or warranties of any IQnd. The sale IS subject The City of Chesapaak.e Wlil attempt to make reasooable accommoda. to aU liens, encumbrances, condltloos. easements and restrictions. if tions and services necessary for sensory Impaired and disabled Cdl- any, superior to the mentiooed deed 01 trust and lawfully affecting the zens. Citizens who wish to receive such 8CoommOdatiors must con. property. This Is a commUnication from a debt collector. tact Mr. Robert L. Copeland, Director of Intergovernmental Affairs b~err~~~i~dS~~ ~~i:1a~~f ~~~~r~'~r1;:~lt~ ~i'lOS~i~ ~~ b~&1~~;lk ~~bnR~~eMTrklng days pnor to the meeting. days at the office of the Substitute Trustee. Addltiol'lill terms may be City Clerk :~,oJ~~c~~iit~~ ~~~ste~o~ ~~~~~tJiOJ1 ~~A;vT~nu~~~~t:.8g3': VP November 5 and November 12, 2002 Virginia 8eath. VA 23451. Phone: 757437.9500 (VA/02.19420/ Martinez). VPNovember5andNovember12,2002 9975142 9984745 eon will be sold "AS IS. and nykind. The sale is subject asements and restnctions, If 1,lstandiawfuUyaHectingthe debt collector. r's deposit of $5,900.00 will ! price to be paid within 14 ea. AddltionaltelTTlsmaybe )NCONTACT; JulianA. Bry- 01 Parks Avenue, Suite 800, Phone: 757-437-9500 NOTICE Of PUBLIC HEARING BY THE CITY.OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR THE BENEFIT OF YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS TRUSTEE SALE ~~~~ (r~re~t~~~~) ~~~s~eacf~s~f i~i~~ia C~~~~~ ~ae~e~::~~~ 1420 Rust Dnve, Virginia Beach,VA234554219 . In execution of a Deed of Trust In the onglnal prIncipal amount of SUite 1000, Virginia Beach. Virginia 23462, will hold a,publlc hearing $180,00000. with an annual Interest rate of 6 75% from Ivan James on the plan of finaru::e of. Young Men's ChnstiM Msocla.llon of South McMahon Jr. dated May 3. 1999 recorded in the Clerk's Office of the Hampton Roa~s" a Virginia non-stock, noo.profl.t corporallon {the Corn- Circuit Court of the City of Virginia Beach,Virg"lnia, in Deed Book 4076, pany), the pnnclpal.buSlIless addrf:1ss of which Is 312 West Bu.te at page 2141, default having occurred in the payment of the Note Street, Norfolk, Vlrg!nla 23510, for the Issuance .by the .I(1dustrial thereby secured and at the request of the holder of said Note, the Development Authoflty. of Mat~e~s County, Vlrgln!a (the Mathews under.signed Substitute Trustee wiil offer for sale atpubJicauctlon at Authority) of Its recreaMnal fa.cllltles fev~nue bond In an amount not the entrance to the Law Offices of Samuel I. White, P.C., 209 Bus~ to llllceed $3,500,000 to ~SS!st the COn'!panY.1Il PB.rmanenUy flllanc. nessPark Drive, Virginia Beach, Virginia. on November 14,2002 at ing the renovation/expanSion and equipping. IIlcludlng new aerobiCS 2:30 o'clock c.m. the DrODertv described In said dl'p.n lor:~IM..I t"'" StOO.IO. youth gymnasium. activl!v center. locker rooms. and exoanded ~". ':'IItO~NI^dly.~mb8r 9. 20026:30 p.m. C.1',\le~. $M57 In the Council Chamb,e.r, City Hall Buildlog, 306 Cedar Road. to coo- ,sloerthefOIlO.Wingpetltions: - lJP.9&.2S(hvl ,-:____ PROJECT: 104 Group Borrow Pit .., APPLICANT: 104 Group ADVERTISING/SALES ,. 8l AGENCY: Erik p, Gordon ,,_ I TELEMARKETING PROPOSAL: Reconsideration of a Stipulation associated with an approved coodltional use permit for a borrow pit. The stlpulatiOfl relates to hours of operation. (Proposedhoul"$ 7 AM 10 7 PM Monday I thru 5aturdaYl ZONE: A-l Agricultural District SIC CODE: 144 lOCA- TION: North and East of the Intersection of George Washington High. way and Dominion Blvd. TAX MAP SECTION/PARCEL: 0560000000070, 0560000000110, 057000??oo121, 0510000000122 BORQUGH:DeepCreek ALL INTERESTED PARTIES ARE INVITED TO ATTEND AND BE HEARD AT - THE PUBLIC HEARING, Council meetings are telecast live on WCTV.4S. The City of Chesapealle will attempt to make reasOflable accommoda. tionsand services necessary lor sensoryimpalrad and dlsablad citi. "'zens. Citizens who wish to receive such accommodations must con. I~tact Mr. Robert L Copeland, DIrector. of Intere:overnmentel Affairs :; ~t~~~lk ~~~RtMeMcorklng days pllor to the meeting, i"CityC)e~ VP Novembt!r 5 and November 12,2002 I~~~~WI I To schedule an interview I I I I PUBLIC HEARtNG The Council of the City of Norfolk will conduct a PUBLIC HEARING In I the Council Chamber, eleventh lIoor, City Hall Building, TUESDAY, NOVEMBER 19, 2002 at 2:30 P.M., pursuant to State Law on the fol- I 10w!l1tapplfC8tions: BISHOP E1M<l W. WOODBURY, lor the follOwing applications on pro,," I ertylocated on the soulheast comer of East 29th Straetand Granby Street fronting 100 fell. t, more or less. along the southern finl of East I 29th Street, and 105 leet, mOre or less along the eastern line of GflInbyStreet:'premlses numbered 101 West 29th Street TheGen- 'eral Plap 01 Norfolk, 1992, depicts the area as low density resldantial. I HAMPTON .The pUrpose oflhls apPlIcaUOn is to construct a parkln2 10I for a '",""ch. L 827-6800 .J a. To amend The Gllnllral eum.Q[ Norfolk 199', to change the land ,,,,use classificatioo lrom low density residential to commElfc\el/office on _ _ __ ,....properIY. Ixtending along the eastem line ofGraoby Street with the AIRCRAFT MECHANIC .,.lfepth Of 100 feet from 28th Street to 29th Street. . b. For a change a.' zoning from R.14 (High Density Multiple-Family) 10 Norfolk Airport. call M.E. Huffman conditional C-2 (Corridor C"ommert:ial). 363-2121: fa~ 363-2044 .- Proposed ordinances ere.on fife in the office 01 the City Clerk. OAIRLlNEO Maps, plats, end oIher InfDmlation concemlng the above proposais To$15Hr. 461.1148.benllfits. ~:. ~~. ~lt~e:Ua~Ji~i~~~~eVI~~~~~~~o~~s~e~:~n~, R~ Jobs Plus. listing serv\ce. sm. fee. daythrougllFnday. AlImterested persons are invited to appear at thc time aild place aforementioned. If special assistance for the disabled is needed, please contact the OffIce 01 the Clly Clerk at 6644253. R.BreckenridgeOaughtrey City Clerk liP NOIl8m/;H!r S and November 12,2002 9987:249 NonCE OF" PUBUC HEARING BY THE CITY OF VIRGINIA BEACH DEVElOPMENT AUlltORlTY FOR THE BENEFIT OF YOUNG MEN'S CHRISTIAN ASSOCIATION OF 50UTtt HAMPTON ROADS Notice, is hereby given that the City of Virginia Beach Development Authority (the Authority) whose address Is 222 central Pelk Avenue, ~~I~el~g~, ~i~~~c:e~t~o~~1'~:n~;b~~s~l~ ~~~i:~~ll:o~~ Hampton Roads., a Virginia llOn-stocl<,non'PfQfitcollloration(the Com- peny), the princIpal bUSiness address 01 whiCh Is 312 West Bute Street, Norfolk.VirginLa 23510, for the issuance by the Industriel Development Authority of Mathews County, Virginia {the Mathews Authorlly) of its recreational lacllities r8'lenuebond in an amount not to e~ceed $3.500,000 to assist the Company in permanentiy !inane- . mg the renovation/expansion.and equiPPlng. lACludlng new aerobics . studio. youth gymnasium, 8ClivityCllnta..lockerrooms.andexpanded fitness cenlerand child CllfII center, ofthe Hilltop Family YMCA located at 1536 Laskin Road, Virginia Beach. VIrginia 23451 (the Project). The Project WIU be owned by the Company. The proceeds 01 the bond wili afso IlnaACe a portion 01 the cost 01 issuing the bond., The public "hearing, which may be continued or adjourned, will be held at 8:30 <a.m. on November 19. 2002, before theAuttlority at Its office. The "'bond will not ptedgethe credl! or the tax1rc. PDwer 01 the City of Vir. ginia Beach, Virginia, or the Authority but will be puyable solely from revenues derived from the Company. Any person Interested in the -issuance of the txmd or the location or nature of the Project may "'appear and be heard. A copy 01 the resolution to be considered by the .Authorityafterthe public hearing is on lile and is open lor inspection at the Authority's office during business hours. " CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY . IIPNo~ember 5 and November 12, 2002 9974660 ~9Plof .wNorfolk 9981727 ADS WITH BOX NUMBERS el~~rn~~~~til~~ ~~~ ~~t~bTe~: shollld be addressed with hame 01 posl!lon ar,Plying lor, Ad No. (number ~rnted In ad), The ~~t~~cA~ro' Box 1319, AdvertiserswiUbegivenanlden- Uflcalion number when ad Is placed. Information on P.O. Box ads can only be act9ssed by prG- viding idenlllication number and Bo~ No. to: The VlrQlnlan-PlIot. All customers with box no. ads neadlng assistance please call 446-2419 after 1 p.m. $65,00 CHARGE TO AOVER- i'JS'ER1"OR REPLIES MAilED $40.00 CHARGE TO ADVER. iISE1f10R REPLIES PICKED UP AT NEWSPAPER All Pick Up or Mall Box replies will be active lor 15 days. EMPLOYMENT POLICY ~~~?rt~~~'!Jl_'?r J,:~! ~h_a~ ~8~~~! Stop Searching For A Job... And Start A CAREER G , " , 1st Year Potential To $25,000.00 2nd Year Potentlat To $45,000.00 $9.25 an Hour +Bonuses & Commission b, . , BENEFITS: YOU WANT THEM WE GOT THEM . Up To $100.00/Week ChildcareReimburse- ment . Health/Vision/Dental "". . Prescription Reim. bursement .401K . Vacation Pay . Paid Holidays . Paid Training epaidPe(sonaljSick Time {start lrom 1st day of emplO)'ment) eFree Busch Garden Passes . Cash Bonuses . Rapid Advanceentto Senior Sales Positions E. l< h, A , , [ FUll TIME DAYS i NO EXPERIENCE '0 C A ( " ,. I CONTRACT COMPANIES A;; Op lTo VIRGINIA BEACH 486-7400 CHESAPEAKE 578-3500 AI,_ Help. 10 S12 HR. 547-9304, TflAIN,Ff/PT . New Begii'lrlings,jobslirvice, Sm. lee AIRPORT JOBS to $12/hl 49Q.8844. FT/PT. Will train BestwayListingS8rviCe,fe(l Allled T.chnolo~ Group Is an Equal OpportuOlty EmplO)'er Seewww.alliedtech.com A1temativeBehaviorialServlces www.absllrst.com. Drug Free Employer/ EOE/M/M/F/ D/V/ NJEIUCAN rut'IDS GROUP 24.HourRecrurtmentUne www.capgroup.com/HR2j EOE ~~p' .. " . . . T I ~ St!e ourwebsite lor opportunities. www.amerigroupcorp.com AMsEC an affirmatl~e action empioyerwill list vacancies wtJen ali8ilable. ~nlmal Care/Vet HelD . eceptlonist(21,Traln18-11p eKenneIHelp(4),TrainlS.up .VetAssistant(21.1&up 490-8844 startto$9/hr. Bestway Usting Service, Fee ~olntment Setters esortReservatlOllists r.........,.,D...."~""'....,,.... ,,, - .'__U_" ._. \_~~~ ~~/"'" Beach, Virginia ~3462 011:30 a.m. ASAP5oq796 10000970 'O"""'I1I11UI1I"dUUlITTOmadebtcoll&ctor.Forlnformatloncontact Samuel I. White, P.C. (18Q6.02/FHA) 209 Business ParkDriw Vir- ginia Beach, Virginia 23462 757457.1460 . Call Between 9:00 a.m. and 11:30 a.m. ASAP506808 VP November 12. 13, 14, 15, 16. 2002 1000097 . .. .. - --. ~.._- - ~~ ....... '...."" ..... days at the offiee of the Substitute Trustee. AddltlOl'\ElltemJsmaybe ennounced at the sale. FOR INFORMATION CONTACT: Julian A. Bry. ant, Jr., Substitute Trustee or Molly. at 2101 Perks Awnue, Suite BOO. Virginia Beach, VA 23451. Phone: 757437.9500 (FHAl02-18892/JohnSon). VPNovembef12andNovember19,2002 10001195 WII5 ana management practices on the refuge, and SllllcltOpiiiiQri from. the publlc on the alternative land uses and management prac- tices. For furtner info<<nation contact the Ecosystem PlMning Team offlCll by p!1one at 252482-2364, by FAX at 252482-3855, or emall atNCPlanning@lfws;gov,lnformationaboutttleplannlngprocessaM the plan is located at http://rtncfH'Cl.ral.r4.fws.gov. -tJ\)\('. \2, lOO~ 1\11 "~ LE (8. VA 23320 TRUSTEE SAlE 5829 E. Hastil18s Arct1 VirgInia Beach, VA 23462 In NOTICE OF PU8UC HEARING TO BE HnD .ral)' 17, 1990, recorded in execution of a Deed of Trust In tile ortllnal principal amount of TRUSTEE'SSALE BY THE ECONOMIC IlEVElOPMENTAUTHORITY OFTflECffY City of Chesapeake, VA, In $49,450.00, With an annual Interest rate of 9.5Ql. from John F. Gilder 1536 Snowbird Court, Vloginia Beech VA 23454 OF NORFOlK I note drawn In the origlnal and Cindy A. Gilder dated July 31, 1986 recorded In, t!le Clerk's OffICe In execution of a deed of trust dated June 29, 1998. recorded in the ON A PROPOSED INDUSTRIAL DEVELOPMENT REVEHUi BOND .tiMe Trustee, will offer for of the CIrcUit Court of the City of Virginia Beach, VIr&inl8, In Deed Boo!<. ClerK's Office of the Circuit Coort 01 tile CIW of Vlr&Inla Beacl\, VA, In FINANCING FOR he Circuit COurt for the City 2529. at page 756, default having occurred 10 the payment of the Deed Book 3912, at Page 1110, secoonll a note drawn In the original THE NORfOLK ACADEMY Cllesapeake, Virginia, on Note lhllreby secured and at the reql/Elst of the holder of said Note, sum of $81,450 00. the undersl&:ned SubstiMe TOJStee. will offer for Notice is hereby &lven thet lhe Ecooomlc Developm&llt Authority of the property described In said thEluooerslgned Substitute Trustee wilt offer for sale at putllic auetion public sale on the front steps of the Judicial Center for the City of Vir. City of Norfolk (the Authority). whose office address IS 500 E. Main s and briefly described as: at the entrance to the law Offices of Sam1l81 I. White. P.C.. 209 Busl. &:mIll Beach (Court Bulldmll No 10), 2425 Nimmo Parilway, Virglnla Street. Sult& 1500. "Norfolk, V,rglnl8 23510, wdl hold II plJbllc hearing 12,onplatrecort1edlnthe ness Parll Dflve, Virginia Beacll, Virginia, on December 3, 2002 at Beach, VA, on December 3, 2002 at 10.00 am. the property on the plan of finance of The Notfolk Academy (the School/.M1ose page 13-13A. 2:35 o'clock p.m. the property described In said deed, locatedetthe described In said d8ild of trust',iocated. at, the above address and principal place of business IS 1585 Wesleyan Drlw Norfolk Virgihla f1 will be sold "AS IS" and above address and briefly described as: Site 4, Lot 26. "La~e Edward briefly described as: Lot 252B, ReswdlVlSIOO of Lots 224 thru 230 23502, for the Issuance of Industrlal development revenue bonds by .klnd. The sale is subject West Section Two" with Improvements thereon. Terms of sale: cash: and 244 thru 262, Rel:lwlng, Section Two, Princess Anne BofOugh, Vir. It\e Industrial Development Authority of the County of Isle of Wight In ements end restricUons, If A deposit of $2,500.00. cash or certified check. will be required at tile glnie Beech. VIrginia". recorded In the aforesaid Cler!l's Office In Map lIIlamoont not to exceed $4,000-,000 to aSSlstthe School In connec- ,t and lawfully affecting the time of sale With settlement wltnin fifteen {15} days from the date of 800?I156 at Page 25. tlon wfth the refinancfng of the rellOVlltlon, expansion and elJ.llpplng of Ibt oolJector. sale. Additional terms lnay be ennounced at the time of sale. PlKSu- . The property and the improvements thereon .wlll be sold "AS IS" ~nd Burrooths G)mnasium. tocetel.f .at 1585 Wesleyan Driw, Norfolk, Vir. . deposit of $6,300.00 will ant to the Federal Falr Debt Collectioo Practices Act, we advise you Wltho~ representation or warranties of any kind. The sale IS ~Ubject gioia, Including the costs associated with the Issuance of the bonds. lfice to be paid wlthin 14 that thiS firm Is a debt collector attempting to collect the Indebted- to alllKlns, encumbrances, condltioos, easements and restrictions, If The BlllTOughs G)mna&ium Is owned by tile School. The public hear. Additional ten':ls may be ness referred to herein and any lnfonnatlon we obtain WIll be usel.f for any, Superior to the mentioned de,ed of trust ancllawfully affecting tile Irf:, which may be continued or adjourned. will be held al 7:30 a.m. on CONTACT: Juhan A. Bry. that purpose. Samuel! White. PC, Substitute Trustee This Is e com- property. thiS Is a communication from a debtoollector. November 26. 2002, before the Authority!n the conference room at Its . Packs Avenue, SUite 800. munication from a debt COlleotOf. For Information contact Samuel!. Terms: CASH or certified funds. A bidder's deposit of $7,700.00 will office The bonds will not pledge the credit or taxing powetofthe City Phone: 757-437-9500 White. P.C. (2420--02fVA) 209 Business Park Drive Virginia Beach, Vlr- be required with the balance of the sale prk:e 10 be paid within 14 of Norlolk or the Authority, but WIll be payable solely from pajITlents by ginia 23462 757457-1460. Call Between 9:00 a.m. and 11:30 a.m. days at the office of the Substitute Trustee. Additional terms may be the SChoollllld otoorracelpts pledged thereto. Arrrpersonlnterested ASAP506810 announced at the sale. FOR INFORMATION CONTACT: Julian A. Brv- in the Issuance of the bonds may appear and be heard at the public VP November 12. 13, 14. 15, 16; 2002 10000962 ant, Jr., Suostitute Trustee or Molly. at 2101 ParKs Awnue, Suite 806, hearirc. Virglnta Beach. VA 23451. Phone: 757-437-9500 lVA(02-19420/ . INDUSTRIAL DEVELOPMENT AUTHORITY Martinez), Of THE CITY Of NORFOlK TRUSTEE'S SALE OF Vp NOVllmber 5 and November 12. 2002 9975142 vp November 12'ancl November 19, 2002 9999936 / 1058 COMMONWEALTH PlACE, VIRGINIA BEACH, VA 23464 . In execvtion ofa Deed of Trust In the orrnal principal amount of t/ ~~~~~N~a~thM~rcrr~~"i~r~~ ~~~1an7~1:;}~~ 1420 RUit Drive.T~~T~:~~~, VA 234554219 Hem Of~O~::~::'~ AUTHORID l/- the Circuit ColMt for the CITY OF VIRGINIA BEACH ,In Deed Book 4375 ~~it,~~uJ~gg,o~~ ~e~n~~I~~t~~~h~feri~:n:,jg~n~1 :an:.oJa~ FOR THE IINEm OF ASPHALT ROADS. MATERIALS CO., INC, ~ ~~Ea~l~~I::~~~~~~ ~f#18~el~~~Uc"H~~:1 = McMahon Jr. dated May 3.1999 recordel.f In the Clerk's Office of the =:~) =:' JJ%: I~I~~: C~n:~ ~:~~~~ door of the law firm of Shapiro & Burson, LlP, 240 Clearfleld Avenue. Circuil Coort of the City of Virllnia Beech, VlIglnla, In Deed Book 4076, Suite 1000, Virginia Beach, Virginia 23462, will hold a public hearing Suite 321, Virginia Beach,.Virginla on November 18, 2002 at 11:30 :~tr:fey ;elc~~~f~~l~tht~~nr~q~~r~?t~~ t~;lg:r~fe:lgf ~~~e No, t~: 0fI the plan of finance of Asphalt Roilds & Materials Co., IrIC., a Vir. A.M.. tile property with improvements to wit: linla corpol'lltion (the Company). the principal business addtess of LOT 6, IN BLOCK M, AS SHOWN ON THAT CERTAIN PLAT ENTITLED l.IncIer-silln&d Substitute Trustee wlll offer for sale at public auctlonat v.iIlch Is 4901 Clevel&nd Street. Suite 2. Virginia Beach. Vilginla 'SUBDIVISION OF PARCEL 'K-6' LEVEL GREEN TOWNHOUSES. SITE III, the entrance to the Law Offices of Samuel I. White, P.C" 209 Busi. 23462, fertile lS5uance by the Aulhonty of Its Industrial oo\elopmenl PART I, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA'. WHICH ~e:3 :~~~ri;':n,V;~I~~:::~~e~~b:'I~~~d:~~~lo~ie~~2~~ revenue bonds, In an amount not to ax.ceed $2,200,000. to assist the ~~+~~ ~~0~~9R~I~~EB~~~t~I~~?:' ?~.~ ~~IT1~~~~ above address encl brleflydescribecl as. ~~~=fo~ =:U:4;VW~I~at~~V~f~~ =~ PAGE 38. Lot 85. Thoroughllood Estates. Section One. With Improvements Virginia 234ti2 (th& Project). The Project will be owned by the Corn- and .described In the above Deed of Trust. (Tax Map No. lhereon. . . pany. The proceeds of the bonds WlII also Ilnance a PCJrtion of the cost 145641-9989-0000). TERMS Of SALE: CASH: A dePOSit of $15.000.00. cash or certified of Issuing the bonds. Tile public hearing wtllch may be continued or THIS COMMUNICATION IS FROM A DEBT COLLECTOf.l. check. will be required at the time of sale wlt~ selllement withIn fif. adjourned, will be held at 8:30 a.m. on 'November 19, 2002. before TERMS OF SALE: ALL CASH. A bidder's deposit of $5,100.00 or teen (15) days fr~m the date 01 sale. Additional terl!'s may be the Authority frj tile conferente room at its office. The bonds .will not 10% of the sale price,l'otlichever is lower, will be required in cash. car. an~unced a.t the time of sal~. Pursuant tothe,Federal Fair DebtCo1- pleds;e the credit Of the taxing power of the City of Virginia Beach, Vi(- Ufiedorcashier's check. Settlement within frfteen (15/deys 0' sale, lectlonpractlcesAct,waadvlseYotlthatthlsflrmISadebtcOllectorglnla,ertheAuthority but will be payable solelyfrorn revenu8S derived 9960393 . otherwise Trustees may forfeit deposit, Addltiooal terms 'to be attempt.lIlS; to coll~ct t.ha Indebtedness referred to herein and any from the Company. MY person interested III ,the Issuante of the announced at sale. Loentype: CON. Trustee's File No. 02-753590. Information we obtain WlII be used for that purpose. borlds or the location or nature of the Projecl may appear and be rtsmotlth~ VA 23704 In PROFESSIONAL FORECLO$(JRE CORPOOATION OF VIRGINIA, Substi- 5.4!-t~ElI. WHITt:. P.!?. Substitute Trustee heard. A copy of the resolution to.be considered by the ~ulhority after nal pnnctpal amount of lute TrllSlees, C/O SIiAPIRO &; BURSON. LlP. 240 Clearfleld Awnus, thiS IS a communICation fro~ a debt collector. the public hearing will be on file ancl open for Inspe~tion at tile of B.OO% from Thomas E. Suite 321. Virginia Beach. VA 23462 (757) 687--87-77. ~~~~r~~r pcg"i:.BJi.Q2/CONV) Authority's office during business hours prior to the public hearipfj ~nc~ ~'p~~~~~~ VP NOVEMBER 5 AND 12. 2002 9985496 299: 8uSlrleSS paJk,~ive ~i}iHg~;WGlNIA BEACH DEVELO ENT etault ha'Ii/li occurred in Vlrg,nta Beach, V1rglnl8 23462 Vp November 5 and Novembef 12 2002 9984418 1d at ttle request of the TRUSTEE SALE 757-457.1460. Call BetWl.ien , .ute Trustee will offer for 1409 WOodscape Lane 9:00 a.m. and 11:30 a.m. Circuit Court Building of Virginia Beach, VA.23462 Vp Nowmber 5. 2002 and November 12. 2002 9968408 ~C2n1:l~1iD NOTICE OF PUBLIC HEARINo. mber 3. 2002 at 9:45 $~5~i50~~ ~a a~~n~~IT~~~tt~eO~Ir:.jgr~n= ~:~~ ~ . ~A-PubIIC Hearlnl will be held by the :1: =edS~~~,ab= GutlerTez dated June 23. 2000 recorded in the Clerk's OffICe of the 3929~~ ~~ lane VI ~(iINIA ~s~~9~C:l6:~(/:: ,deposit of $10,000.00, Circuit Cotirt of the City of Virginia Beach, Virginia. In 0eecI BooI< 4259. Virginia Beach, VA 23456 in the Council Chamb,e,t, CIty Hall Building, 306 Cedar Road. to con- t the time of sale with at page 1460, OOfault having occurred In the payment of the Note In executTO/l of a Deed of Trust In the original prillClpal amount of slderthe fol~petitions: R(Ct-02-38 date of sale. Additional thereby secured. and at thll request of the holder of said Note. the $59,272.00, with an annual intel'est rate of 9.~ from TI/liI R. Gar. PROJECT: ~Iver s fcfge Pursuant to the federal uncfer.slgned Substitute Trustee WIll offer for sale .at public auction at relt dated July 25, 2000 recorded in the Clerk's Office of the Circuit APPLICANT: Creekbend Associates, LLC ' ....u that this firm is a the antrance to the Law Offices of samuel I. White, 'P,C.. 209 Bus1- C " f'. C~ f V ~I '~V~' I _". 8<>_" 4273 ... AGENCY LeClatr Ryan ~ss referred to herein ness ~rk Drive, Virginia Beach,' VirJtinia, on December 3. 200,2 at ~e 1~2'6:edetau~ ha~~~~;;tln it:;n~~rrt; the ~ IhefebY PROPOs1L: A condiJjonal lOlling: reclasSifICation from M-2 General . that purpose. Samuel r. 2:35 0 clock p.m. thE: properly .deSCrlbed In said deed, located e the secured and at the request of the holder of said Note;' tile under Industriel DIStrict (lieavt' IndUStrial) and R-8s Residential District to lITllJ/llcatioo from a debt above addressi!nd briefly descnbed as: s;gned SlJbstltute Trustee WIll off8f for sale at public 84.dlon at the R12s ReSIdential DiSlrlet on 77,8+ acres PROPOSED lAND USE / nuel I. WMe, P.C. Lot 110 (erroneously Lot 104ln deed of trust), Amended Plat of SlJb. entmnce to the Law Offices of Samuel I WhIte PC. 209 Business DENSITY. Uttan Single-famlly with one to something less than folJl' Virginia Beach, Virginia ~viS~m~~er~~~3 of Woodscape formerly Saddlebrook, with P~ Drive; Vit1lnia Beach, VI~lnla. on becemtier' 3:' 2002 lit 2:30 units EXISTING LAND USE PlAN! DENSITY: Water-related Industrial a.m. and 11:30 a.m_ TE!fMS OF SALE' CASH' A deposit of $5 000.00 cash or certified 0 clock p.m. ~.l.~perty.descnbed In said deed.located,at the above ~zrSI~~:J~AJ:~~s~~~:V:~:~: =~~o: 1??oo968 checll,Willbereq'ulredat'tIlellmeofsale'WiIl'!settremelllwlthlnfif. a~~~~~;~'e~es~~~~na~:Partill.wItIlimprovementsthereOn the Elizabeth River TAX MAP SECTION/PARCEL: portion of teen (15) days from tha date of sale. Addltlona. terms may be TERMS. OF SALE' CAsH' A cleposlt of' $5 000 00 cash or certir~ 0343001000440.0343002??oo40. 03500000OO591. k VA 23321-4550 I an~l,Inced at the time of sal~. Pvrsuant to .the Federal Fair Debt Co!- check will be required at'the time of sale 'wlth' settremelll within fif- 03430010??oo1. BOROUGH: Deep Creek ~ e" . f lection ~ractlces Act,we a~Vlse you that thiS firm Is a de!rt collector teen /15) deys from the date of sale. Additional terms may be AlL INTERESTED PARTIES ARE I~ITED TO ATIENDANO BE HEARD AT .so:~~riti:T-o~~ altempti~ to collect' the Indebtedness referrecl to herein and any announced at tile time of sale. PUfSuant to the Fedenil Fair Debt Co~ THE POGUC HEARING. Council meetings are telecastllw on WCTV48. 1I's Office of the Circuit Information we obtain will be used for that purposa. leetion Practices Act, we advlsa you that this firm Is a debt collector 'J!1e City of Chesapeake wiil attempt to ~e re~S<Irl8ble a.ccom~ :led Book 2824. at page ~~EL I. WHITEj P.g., ~bstlt~b~rus~~ attempting to collect the'in(!ebl~fleSS referred to Ilerein and any tklf1s ll~ selVices n~ssaIy fof sensory Impaired ancl d~llld Mi-- 'It of the Note tflereby IS IS a commun ca on om tl CO or. information we obtain will be used fOf that purpose zens. Clllzens who WIsh to receIVe such accommodations must con- I said Note, tile under" FOR INFORMATION CONTACT: SAMUEL I. WHITE, P.C., Substitute Trustee' tact Mr. Robert L Copeland, Director of Intergovernmental AffairS It public auctiorl et tile SAMUEL.1. WHITE, P.C. (0235-02jVA/ This Is a communication from a debt collector. (382~191), within three working days prlOr'to the meetrng. ty of Chesapeake 307 209. f!uslness Pa,rk Drive FOR INFORMATION CONTACT' DOLORES A. MOORE, MMC lIllber 3, 2002 at iO:35 ~~~::;~~im _V~~:et~:n2 SAMUEL.L WHITE. P.C: (36s8-01jFHA) ~ItyN~~ber 5 and November 12 2002 ~, located at the above 9'00 a m and 11'30 a m 209 BuSiness Park D,rIW , :::~~~e~f:: ':i~l~~ vi> Nm.e.12,'2002 a'nd November 19, 2002 10001005 ~~l~~n=- ~b~!r::e~~e6n2 c~ NOnCE OfPllBUC HEARING ' will be requIred at the 9:00a.m. and 11:30 a.m. A Pl,lbUc Hearing will be h!;lld by the ) days from the date of NOnCEOFTRU$TEE'S SALE: VPNovember 12. 2002 and November 19, 2002 10001000 . VIRGINIA Chesapeake City Council on Tues. he time of sale. Pursu- In executio... of a oertein deed 01 trust dated Augtlst 28. 1998 and day, November 19, 2002 6:30 p.m. ::ils Act, we 8dvlse you recorded on September 2. 1998 in the ClerII's Office of the City of Vir- TRUSTEE SALE In the CounCil Chamber. City Hall 8ullding. 306 Cedar Road. to con. ~o::~~~~I::t~; ~~4a3.B~~~ i1~S.lairo~'~~~~FBo:o~~r~ ~~EnE~. B~~ Vi~~~4 ~~~~~~ ~~54 ~~~Jgtfo= ~~~t~~hase 2 ft.I)2-27 l Trustee This is a com. stein, Trustee(s). and default hailing been made In the peymelll of the In execution of a Deel.f of Trust In the original prIncipal amount of APPLICANT: SiMAC Dewlopment Corporation lion contact: Samuel I. debt secured, wilh the original principal balance of $59.802.32, and $121,380.00. with an annual IrIlerest rete of 7.50% !rom Carlos M. AGENCY: Hoggard/fure Assoclates, P.C. !rive Virginia Beach, Vir. at the request of the beneficialY under salcl deed of trust the under. TufllIe and Tiffany A. Tuggle <!alecl June 4, 2001 recorded In the PROPOSAL: A convantionalzoning reclassification for 5.762 acres o a.m. and 11:30 a.m'~~c":ed ~i~ <le~~nan~u~I:l:.~t~~CIl~~~~ ~~~st ~~: chilli's Office of the Circuit Court of the City of VIrgInia Beach, Virginia, from RE.1 Residential Estate Olstrlct {5.n1 acres} and R.15s Single. .1.0000986 and payable and will offer for sale atpljbllc auction to lhe Ilighest bid- in Deed Book 4432, at page 1826, default haW1g oe<:urred In the famlty Residential District (0.041) to R-I0s SI~Ie-famllh Residential der in front of Virginia Beach Circuit CourthouSe 2425 Nimmo Par1\-- payment of the Note thereby secured and at the request of the hokler District PROPOSED LANO USE / OENSITY: Sin~ e-family eSldential/ ~~~- 2 way Virginia Beach. Virginia 234-56. on Oeeember 5, 2002, at 8:30 (If said Note,.the uncler-signed SlJbstitute Trustea will offer for sale at apprOXimately 3.2 units per acre EXISTING LAN USE PlAN! DENSITY: ;II..........., VA 3320 In A to I wi located 13 CI public auction at the entrance to the Law Offices of Samuel I. Wl1lte, SuOurban Slngle'fam~ / one unit per acre to somethlpt less than four ~.~~c~ ion::;;,~ R~~d ~~inl~ '1~ d~:,~ 2~~~ more ~~~r1Y :~~~:~ P.C.. 209 Business Park Drive. Virginia Beach. VIt4!nlll, on December units per acre. LOCA ION: North side (If Parlier Road etween Sandy 2OOOrecordedio~ as FOU:OWS.TOWrr: .. '. . ~2lit~:~~~'~~s~n~h:rI~':rIl%~C~lnsaiddeed. ~~~Jog~r:J~~~~HP~I~:S:~X~~PSECTlON/PARCEL: fChesapeake,~,~ ~rt~~"'J~~/,l:~~~u~0~O:~';I~"B=~V~~3~M'2.~~c~ Lot 26. Block B, Strawbridge. ~on Three. with lrnpravements Pnlffer.TheepP/lcenVowner 1're81 not to ,ubdlvldl tile nblect ~:Ol' tporepartic;ularlegal description refer to too Jecal desgjption recoroed ~= OF SALE; .CASH:. A4e""slt of "',000.00. e",' "'...."._. "'I~"'Ntl<'::"."-'Dre,,~,,~ .I~"", "N".' 0 '0 ''''NO "'0" ...eo" PIIQ-.....'. -3.....~the....:o~.;. .t1",ci!!,nru.,.st.r8C(Irded. . _ 00. '". plember,2,1998.. In.Deed".ook' ~~. _ . 'u._ '-" r"", "'''''' . ".. UU"l 'i~Wf """"....~-~ '. ..... .'. ". .' check,. w.lllbe requll'ed.at the time ,of salll Wllr! .settlerne:nt Within fil. THE PUBLIC HEARING. Councif meetings are telecast live on WClV-48. .~etI'f thIs conveyance is subject to all .easements,restrictlons. COnditIOflS, teen (15) days ~ the date of sale. Additional terms may be Tile City of Cllesapeake will attempt to make reasonable accommocla- 'rly eScribedin.saicl and reselValions Of record affecting the title tottle property herein- anfl?UnCeda.lthetirneofsal.e.pursuanttothllF~raJFeirDebICol. tlons and services neC€ssary for sensory Impairea and disabled citi- 'dticribi.!d as; All that above described. leetlon Practices Act. we advISe you that this firm IS a clebt colleclor zens. CitIzens who Wish to receive.sllCh accommodations must con. lbered and designated The benefiCiary reserves the right to birI at said sale attemptln,c to con~ the Ifldebtedness referred to herein and any tact Mr. Robert L. Copeland, Director of Intergovernmental Affairs ' plat recorded In Map TERMS OF SALE Cash, certified funds, cashIers checks, trust account 'SJ:k"(;~rr' Wwe.fT',b~nc~sll be ~sed for thaI purpose. (382.6191). WIthin three wOtkingdays prior to the meeting. 1. Terms ofsal~: cash: checks. ..' :~'." ubstitute Trustee DOLORES A. MOORE, MM(: will be fe{juired at the A bidder's deposit of TEN percent (10%) MAY be fe{juired on date of ~h!S tS a communication from a clebt collector. Clly Clerk days from the date of sale W1th settlelllerltln full to be made within 15 days from date of the ~~~~r~~r~ON C~TACT: VP November 5 and November 12. 2002 e time of sale. Pursu. said sale.. , :, .' E.P. : (0206--02/VA) $ Act, we advise yoU ThiS notice IS an attempt to collect a clabt and any information h99: BuSiness Pa.rk.DfI'ie collect the indebted- OblaineclwillbeuSedforthatpurpose. Ylrimla Beach. Vlrglma 23462 :lbteln will be used lor T5#: 02-V9836VA 757-457.1460.CaJl Between frustee This Is a com- Loan Type: CONV 9:00 lI.m. and 11:30 a.m. Xl contact: Samuel t Rlr Information Contact: VP November 12, 2002 and November 19. 2002 ; [)five Virginia 8each, SPECIALIZED INC.. OF V!RGINIA. l:oo a.m. and 11:30 SU8STlTUTE TRUSTEE 722 EMARKET STREET Suite 200 LEESBURG, VIRGINIA 20176 (703) 779--0080 Call betwwn 9 AM .11 AM EST ONLY VP Nowmber 12, 19, 26. December 3,2002 10001138 Chesapeake, VA 23321 In IiIlaI principal amount of of 6.75'16 from Jonathan on::led In the Cleril's Office ke. Virginia, in Deed Book ~ in the payment ofttle f~holderofsaidNote, 'forsaleatpublicalJCtion fthe City of Chesapeake. Xl November13,2002 at said deed. located at the lit '4-2.106R. The Mead- st in Itte common areas. l,cash orcertifiel.f check, fement within fifteen (15) meYbeanno.uncedatthe' tCollection Practices Act, ctorattemptingtocoliect mformation we obtam will P.C.. Substitute Trustee r.Forlnformationcontact: Business Paril Orive Vir. Call Betweel1 9:00 a.m. 9987259 9984745 10001002 (t&dolk 10000966 TRUSTEE SAlE 2364 Bays Ecfge Ave Va Beach. VA In exeClltion of a Oeed of Trust In too principal amollllt of $117,600.00. WIth an annual interest rale of 8.25% from Barbara M. ~~~~ ~,~ "~t~~::r,,,~':~ ~,~~,~: ~o~edinthe ClerjI's Office 01 the ~ugust 29, 1986 ancl ,~~~,~o~~enE~rt;U!1 999812B EXHIBfT C CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS) At 8:30 a.m. on November 19, 2002, the Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Young Men's Christian Association of South Hampton Roads, a Virginia non- stock corporation (the "YMCA"), and that a notice of public hearing was published once a week for two consecutive weeks in The Virginian-Pilot, the second publication being not less than six (6) days nor more than twenty-one (21) days prior to the hearing. The Chairman indicated that a copy of the notice and a certificate of publication of such notice have been or will be filed with the records of the Authority and will be provided to the Clerk of the City Council of the City of Virginia Beach. The following individual appeared and addressed the Authority: Mr. George Consolvo appeared on behalf of the YMCA. Mr. Consolvo described the project as the financing of capital projects at the Hilltop Family YMCA located at 1536 Laskin Road, Virginia Beach, Virginia 23451, including renovation/expansion and equipment purchases, including new aerobics studio, youth gymnasium, activity center, locker rooms, and expanded fitness center and child care center. He explained that the proposed issuance ofrevenue bonds (the "Bonds") for the project will provide needed funds for the continued improvement of the YMCA Hilltop facility. Mr. Consolvo further added that it is necessary under federal and Virginia law that the Authority hold a public hearing and that the issuance of the Bonds by the Industrial Development Authority of Mathews County, Virginia, be approved by the City Council of the City of Virginia Beach. Mr. Consolvo closed his remarks by noting that the presence of the YMCA in the City of Virginia Beach greatly enhances the health, recreation and educational facilities provided within the City of Virginia Beach and, accordingly, benefits its citizens and serves a compelling public purpose. No other persons appeared to address the Authority and the Chairman closed the public hearing. The Authority then adopted a resolution (a) recommending that the Council of the City of Virginia Beach, Virginia, approve the issuance of the Bonds in an amount up to $3,500,000, (b) directing the transmission of a Fiscal Impact Statement with respect to the Bonds to the Council of the City of Virginia Beach and (c) requesting that its recommendation be received at the next regular or special meeting during calendar year 2002 at which this matter can be properly placed on the Council's agenda for hearing. #801291 vI Exhibit C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, there has been described to the City of Virginia Beach Development Authority (the Authority), the plans of Young Men's Christian Association of South Hampton Roads, a Virginia non-stock, non-profit corporation (the Company) the principal business address of which is 312 West Bute Street, Norfolk, Virginia 23510, for the issuance by the Industrial Development Authority of Mathews County, Virginia (the Mathews Authority) of its recreational facilities revenue bond in an amount not to exceed $3,500,000 to assist the Company in (a) permanently financing (1) the renovation/expansion and equipment purchases, including new aerobics studio, youth gymnasium, activity center, locker rooms, and expanded fitness center and child care center, at the Hilltop Family YMCA located at 1536 Laskin Road, Virginia Beach, Virginia 23451, (2) the expansion, additional construction, and equipping of YMCA Camp Silver Beach, including science center with classrooms, labs, and observation tower, tennis courts, skateboard park, staff housing, athletic field, and other improvements, located at 6272 YMCA Lane, Jamesville, Virginia 23398, and (3) the purchase of 85 acres of land adjacent to and north of YMCA Camp Silver Beach, located at the intersection of Beach Road and Occohannock Neck Road, Jamesville, Virginia 23398 (collectively, the Project), and (b) financing the cost of issuing the Bond; and WHEREAS, the above facilities will be owned by the Company and will be located in Virginia Beach, Virginia, and Northampton County, Virginia; and WHEREAS, a public hearing with respect to the Bond as required by Virginia law and the Internal Revenue Code of 1986, as amended (the Code), was held by the Authority on November 19, 2002, and the Mathews Authority so held a public hearing with respect to the Bond on August 29, 2002, and adopted an approving resolution (the Mathews Authority Resolution) with respect to the Bond on that date; and WHEREAS, the Company has elected to proceed with a plan of finance pursuant to which the Bond will be privately placed with Bank of America, N.A. (the Lender), for its own account and for investment purposes; and WHEREAS, the Company in its appearance before the Authority has described the debt service cost savings relating to the issuance of the Bond as a qualified tax-exempt obligation within the meaning of ~265(b)(3) of the Code and the educational and other benefits to the City of Virginia Beach to be derived from the issuance of the Bond to finance the Hilltop Family YMCA; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is hereby found and determined that the issuance of the Bond will benefit the inhabitants of the City of Virginia Beach and promote their safety, health, welfare, convenience and prosperity. 2. To assist the Company, the Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia (the Council), concur with the Mathews Authority Resolution, the form of which has been presented at this meeting, as required by S 15.2-4905 of the Code of Virginia of 1950, as amended (the Virginia Code), and hereby directs the Chairman or Vice Chairman of the Authority to submit to the Council the statement in the form prescribed by S 15.2-4907 of the Virginia Code, a reasonably detailed summary of the comments expressed at the public hearing held by the Authority pursuant to S 15.2-4906 of the Virginia Code, and a copy of this resolution. 3. All costs and expenses in connection with the financing plan shall be paid from the proceeds of the Bond to the extent permitted by law or from funds of the Company and the Authority shall have no responsibility therefor. 4. All acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bond are hereby approved and confirmed. 5. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by a roll call vote of the commissioners of the City of Virginia Beach Development Authority at a meeting duly called and held on November 19,2002, and that such resolution is in full force and effect on the date hereof. Dated: November~, 2002 R~ i--~ Secretary, City of Virgin a Authority #798340 vi 2 Exhibit D DISCLOSURE STATEMENT Date: November 19,2002 Applicant's Name(s): Young Men's Christian Association of South Hampton Roads All Owners (if different from applicant): N/A Type of Application: Rezoning: From To Conditional Use Permit: Street Closure: Subdivision Variance: Other: Bond issue through Industrial Development Authority of of Mathews County, Virginia ****************************************************************************** The following is to be completed by or for the Applicant: 1. Ifthe applicant is a CORPORATION, list all the officers of the Corporation: See attached schedule. 2. Ifthe applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/ A The following is to be completed by or for the Owner (if different from the applicant) 1. If the Owner is a CORPORATION, list all the officers of the Corporation: N/A 2. Ifthe Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/A YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS By: ~~'A_".2-t)GU-t.~{.,---- Its: c..t=O #801290 vi Schedule to Disclosure Statement BOARD OF DIRECTORS 2002 OFFICERS AND AT LARGE MEMBERS David L. Bernd, Chariman Sandra Birdsong, Vice Chairman Jim Dille, Vice Chairman Walter Potter, Treasurer Joe Kennedy, Secretary Philip Adams H. Lee Addison Mary Arris Lindsay Benson Robert M. Boyd Bruce Bradley Deborah Dicorce Scott Harvard Chris Henson Tom Hostutler Kay Kemper G. R. Schell Jimmy Strickland Bill Stulb Doug Williams Marshall Wingo Al Midgett Ros Willis John Atwood Paul Oppliger Ollie Bates Michael Efland Burt Whitt Richard Hillian Grege Honeycutt Bill Pitt Elizabeth Smith Trenton Bishop David Hamberg Jim Ward Henry Thrasher Ray Darcey Chris Schutt Sandy Bond Mark Freeze Eve Beloth Dan Evans Les Watson Mark Williamson Melissa Hanbury Lloyd Pitzen Susan Tompkins VIRGINIA BR~CH Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Exhibit E INDUSTRIAL DEVELOPMENT AUTHORITY OF MATHEWS COUNTY, VIRGINIA $3,500,000 REVENUE BOND (HILLTOP/SILVER BEACH PROJECTS) SERIES 2002 The Authority recommends approval of the captioned financing. The financing will benefit the citizens ofthe City of Virginia Beach, Virginia, by providing improved health, recreational and educational facilities which promotes the health and welfare of the City's citizens. Exhibit F FISCAL IMPACT STATEMENT SUBMITTED TO CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersigned applicant, in order to permit the City of Virginia Beach Development Authority submission of the following information in compliance with Section 15.2-4907 of the Code of Virginia of 1950, as amended, states: Name of applicant: Young Men's Christian Association of South Hampton Roads Facility: Hil1top Family YMCA located at 1536 Laskin Road, Virginia Beach, Virginia 23451 6. a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality $3,500,000 $ 0 $ 0 $ 0 $ 0 $ 30,000 $ 5,000 $ 5,000 $ 0 5 I. Maximum amount of fInancing sought 2. Estimated taxable value of facility's real property to be constructed in the locality 3. Estimated real property tax per year using present tax rates 4. Estimated personal property tax per year using present tax rates 5. Estimated merchant's capital tax per year using present tax rates b. 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. Estimated number of regular employees on year round basis 8. Average annual salary per employee $ 15,000 Dated: November~, 2002 YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS BY:~~~' Cfb Authorized Officer CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: #801293 vI Exhibit G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY CONCURRENCE WITH NORFOLK AIRPORT AUTHORITY REVENUE BOND 1. PROJECT NAME: Hilltop Family YMCA 2. LOCATION: 1536 Laskin Road Virginia Beach, Virginia 23451 3. DESCRIPTION OF PROJECT: Recreational, educational and fitness facilities 4. AMOUNT OF BOND ISSUE: $3,500,000 5. PRINCIPALS: See Disclosure Statement's Attachment 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property 02 b. Is rezoning proposed: Yes NoX c. If so, to what zoning classification? N/ A VIRGINIA BEACH Exhibit H Department of Economic Development 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Website: www.vbgov.com E-mail: ecdev@vbgov.com November 19, 2002 Mr. Robert G. Jones Chair Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 Dear Mr. Jones: It is the finding of the Department of Economic Development that the financing for the YMCA bonds will benefit the citizens ofthe City of Virginia Beach by providing improved health, educational and recreational facilities which promote the health and welfare of the City's citizens. Sincerely, ~~ Mark R. Wawner Project Development Manager MRW:lls " . i '5f? >> ~ii1 ;;;; w. :"JIlo :~~'~\j~ .JI._ c.- PROJECT NAME: Hilltop Family YMCA PROJECT ADDRESS: 1536 Laskin Road Virginia Beach, Virginia 23451 TYPE OF PROJECT: Recreational, educational and fitness facility - 24- Item V-I.2. RESOLUTIONS/ORDINANCES ITEM # 50521 Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council ADOPTED, AS REVISED: Resolution re support for formation o.fCAPE HENRY NATIONAL PARK & VISITOR CENTER Voting: 7-0 (By Consent) Council Members Voting Aye: Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve, Peter W. Schmidt, Rosemary Wilson. and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorj; Richard A. Maddox and Ron A. Villanueva December 3, 2002 RESOLUTION 1 A RESOLUTION SUPPORTING THE 2 FORMATION OF CAPE HENRY NATIONAL 3 PARK AND VISITOR CENTER 4 WHEREAS, the observance of the 400'h anniversary of the founding of 5 Jamestown is scheduled to be a major event in the history of the Commonwealth of 6 Virginia; 7 WHEREAS, Cape Henry is a significant national historic area as the site of 8 the 1607 initial landing of the first settlers who later established Jamestown, and is also the 9 site of the first public works project of the new federal government under George 10 Washington-the Cape Henry lighthouse; 11 WHEREAS, the Cape Henry lighthouse and the adjacent observation tower 12 manned by the Virginia Pilot's Association are all within Fort Story, the United States 13 Army's historic coastal defense installation and modern logistical training facility; 14 WHEREAS, Fort Story itself is surrounded by Virginia's First Landing State 15 Park, where visitors and campers appreciate the unique ecology of Cape Henry; 16 WHEREAS, the popular interest in Cape Henry is evidenced by (i) its having 17 been visited regularly since 1707; (ii) the holding of annual ceremonies at the site by such 18 groups as the Order of Cape Henry 1607, the Sons and Daughters of the American 19 Revolution, and the Alliance Francaise (Chapitre de Grasse); (iii) and the number of 20 tourists, estimated at over 160,000, who drive into Fort Story each year to see the 21 memorial, the two lighthouses and the fortifications; 22 WHEREAS, national and international visitors will visit Cape Henry and Fort 23 Story during the 400'h anniversary celebration in 2007; 24 WHEREAS, the appearance of the facilities within Fort Story/Cape Henry 25 have not been brought up to the standard set by those in Yorktown and Jamestown and 26 no plans for funding have been made for upgrading the Fort Story/Cape Henry site for the 27 400'h anniversary celebration; 28 WHEREAS, the significant role of the Fort Story/ Cape Henry site in the 29 Virginia Beach/Jamestown 2007 celebration, merits a implementation of a plan for bringing 30 improvements at the Fort Story/Cape Henry site into line with this area's historic 31 importance; 32 WHEREAS, on May 14, 2001, the City Council established the Virginia 33 Beach/Jamestown 2007 Steering Committee to ensure the appropriate coordination with 34 the various state and regional bodies involved in the planning of the 400lh anniversary 35 activities and to provide the recognized authority to seek funding to effect the events 36 proposed for VB/Jamestown 2007; 37 WHEREAS, the Cape Henry subcommittee of the Virginia Beach/Jamestown 38 2007 Steering Committee has developed a vision to upgrade and integrate the area in 39 proximity to all of the tourist attractions, including the old Cape Henry lighthouse, the new 40 Cape Henry lighthouse and the First Landing Commemorative site, at Fort Story into what 41 will be known as the Cape Henry National Park and Visitor Center with suitable exhibits in 42 time for the 400lh anniversary celebration; and 43 WHEREAS, the implementation of this vision will require the participation of 44 and funding by the National Park Service and other federal agencies. 45 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 46 OF VIRGINIA BEACH, VIRGINIA: 47 That City Council supports the formation of the Cape Henry National Park 48 and Visitor Center, and respectfully requests that the United States Congress direct the 49 National Park Service and other applicable federal agencies and officials to give this 50 proposal due consideration. 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the .3.rd_ 52 day of DQQQllIQQr ,2002. CA-8615 ORDIN\NONCODE\ R-2 PREPARED: 11/15/02 APPROVED AS TO CONTENT p.~ De . of Museums & Cultural Arts APPROVED AS TO LEGAL SU ENCY .. Department of Law - 25- Item V-I.3. RESOLUTIONS/ORDINANCES ITEM # 50522 Upon motion by Councilman Schmidt. seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to APPROPRIA TE $1,000,000 from the General Fund and $1,200,000 from the Water and Sewer Enterprise Fund Retained Earnings in FY 2002-03 Capital Budget re additional funding for radio purchases to upgrade the communication system for Police, Fire and EMS as well as various non public safety agencies. Voting: 7-0 (By Consent) Council Members Voting Aye: Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve, Peter W. Schmidt, Rosemary Wilson. and James 1. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf Richard A. Maddox and Ron A. Villanueva December 3, 2002 1 2 3 4 5 AN ORDINANCE TO APPROPRIATE $1,000,000 FROM THE GENERAL FUND FUND BALANCE AND $1,200,000 FROM THE WATER AND SEWER ENTERPRISE FUND RETAINED EARNINGS TO CIP PROJECT 3-446, "COMMUNICATION SYSTEM UPGRADE" 6 WHEREAS, CIP Project 3-446, "Communication Syst.ems Upgrade," 7 was established to replace outdated portable radios with upgraded- 8 digital capable radios; and 9 WHEREAS, based on submitted proposals, additional funding is 10 needed to purchase the necessary radios and to ensure their 11 integration with the City's current radio communication 12 infrastructure. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA, 15 That $1,000,000 is hereby appropriated from the Fund Balance 16 of the General Fund, and $1,200,000 appropriated from the Water and 17 Sewer Enterprise Fund Retained Earnings, to CIP Project 3-446, 18 "Communication System Upgrade," in the FY 2002-03 Capital Budget to 19 provide additional funding for radio purchases, with estimated revenue 20 in the Capital Budget increased accordingly. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on the ~_____ day of December , 2002. 23 CA8695 24 Ordin/Noncode/proj3-446ord.wpd 25 R-2 26 November 26, 2002 Approved as to Content: Approved as to Legal Sufficiency: Management Services ~or[ ;;; -7' 1/' - s Office jj~Q - 26- Item V-I.4. RESOLUTIONS/ORDINANCES ITEM # 50523 Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council ADOPTED, AS REVISED: Ordinance to APPROPRIATE $11,711 additional HOME Program income to the Department of Housing and Neighborhood Preservation FY 2002-03 Operating Budget for HOME approved rehabilitation loans and citizen grants Voting: 7-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve, Peter W Schmidt, Rosemary Wilson. and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva December 3, 2002 ] 2 3 4 5 6 7 8 AN ORDINANCE TO APPROPRIATE $11,711 OF ADDITIONAL HOME PROGRAM INCOME TO THE FY 2002-2003 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION FOR HOME APPROVED ACTIVITIES 9 WHEREAS, $11,711 of additional HOME program income has been 10 realized from repayment of HOME loans. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 That $11,711 of additional HOME program income is hereby 14 appropriated to the FY 2002-2003 Operating Budget of the Department 15 of Housing and Neighborhood Preservation for approved activities, 16 with revenue from the repayment of HOME loans, as Program Income, 17 increased accordingly. 18 Adopted by the Council of the City of Virginia Beach, Virginia 19 on the 3 day of December , 2002. CA-8693 ordinjnoncodejHOME Funds.ord December 3, 2002 R2 Approved as to Content: Approved as to Legal Sufficiency: ~ 4) 7/ / ~1/t......iI.:,~Jc (ivIanag e:r Services / {Lf..-ti- i-1--.(1 Department of. ?--e--- Y~w ~ Item V-J. PLANNING I.AMERICAN PARKING SOLUTIONS, LTD. 2. MT. OLIVE BAPTIST CHURCH 3. TRITON PCSISUNCOM 4. TYRONE HART 5. OCEAN TIDE ASSOCIATES, L.L.c. 6. SANDBRIDGE COMMUNITY CHAPEL UNITED PENTECOSTAL CHURCH 7. CITY OF VIRGINIA BEACH -27- ITEM # 50524 CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT STREET CLOSURE CONDmONALCHANGEOFZONING CONDITIONAL USE PERMIT December 3, 2002 - 28- Item V-J. PLANNING ITEM # 50525 Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 2, 3 (DEFERRED), 4, 5, and 7 of the PLANNING BY CONSENT AGENDA. Item 3 was DEFERRED INDEFINITELY, BY CONSENT Voting: 7-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve, Peter W Schmidt, Rosemary Wilson. and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf Richard A. Maddox and Ron A. Villanueva December 3, 2002 - 29- Item V-J.l. PLANNING ITEM # 50526 Attorney R. E. Bourdon, Phone: 499-8941, represented the applicant Daniel E. Polivka, Principal - American Parking Systems Donna Polivka, Principal - American Parking Systems Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of AMERICAN PARKING SOLUTIONS, L TD. for a Conditional Use Permit re bulk storage of motor vehicles: ORDINANCE UPON APPLICATION OF AMERICAN PARKING SOLUTIONS, LTD., FOR A CONDITIONAL USE PERMIT FOR THE BULK STORAGE OF MOTOR VEHICLES ROl2023I059 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of American Parking Solutions, Ltd., for a Conditional Use Permit for the bulk storage of motor vehicles on the east side of Military Highway, approximately 1,700 feet north of Alexandria Lane. Said parcel is located in the 600 block ofS. Military Highway (GPIN 1456376863) and contains approximately 48 acres. DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. The Conditional Use Permit for bulk storage of motor vehicles shall be validfor a period of two (2) years commencing with the granting of the permit by the City Council. 2. Use of the site shall substantially conform with the submitted plan titled " SITE LAYOUT OF MURRAY PROPERTY, MILITARY HIGHWAY, VIRGINIA BEACH, VA", prepared by MSA, P.e., dated ;;Sl,'02 12/02/02. Said plan is on file with City of Virginia Beach Planning Department 3. A waiver to on-site improvements (curb, gutter, asphalt or concrete) shall be requested and approved by the Administrator of the Permits and Inspections Division of the Planning Department for the use of the proposed 'temporary parking mat' system. 4. There shall be security on the site twenty-hour (24) hours a day, seven (7) days a week. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, andfocused away from the adjoining residential areas. Outdoor lightingfixtures shall not be erected any higher than 14 feet. The applicant shall submit a lighting plan to the Planning Director, or his designee, for review. 6. There shall be no delivery of vehicles by truck or automobile carriers. 7 There shall be no outdoor loudspeaker paging systems. 8. A solidfence, a minimum of six (6)feet in height, shall be erected along the eastern and southern property lines adjacent to the residential areas. December 3,2002 - 30- Item V-J.I. PLANNING ITEM # 50526 (Continued) 9. The parking of vehicles on the site shall occur from West (first) to East (last) within the area designated on the "Site Layout of Murray Proper(y, Military Highway, Virginia Beach, Virginia ", prepared by MSA, P.c., dated December 2,2002, as "Primary Parking Area ". The area designated on the plan as "Secondary Parking Area" shall only be utilized if and when the "Primary Parking Area" is full. 10. At the end of the two (2) year period of this Conditional Use Permit, modifications to the site madefor this use in terms of the parking surface shall be removed. 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 Third of December, Two Thousand Two Voting: 4-3 Council Members Voting Aye: Vice Mayor Louis R. Jones, Jim Reeve, Peter W. Schmidt and Rosemary Wilson Council Members Voting Nay: Margaret L. Eure, Reba S. McClanan and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva December 3, 2002 - 31 - Item V-J.2. PLANNING ITEM # 50527 Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application ofMT. OLIVE BAPTIST CHURCHfor a Conditional Use Permit re a church (parking lot expansion): ORDINANCE UPON APPLICA TION OF MT. OLIVE BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH (PARKING LOT EXPANSION R0120231060 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application ofMt. Olive Baptist Church for a Conditional Use Permit for a church (parking lot expansion) on the east side of' Birdneck Road, 360 feet more or less south of 19" Street (GPIN 2417567092; 2417566188). Parcel is located at 310 North BirdneckRoad and contains 1.80 acres. (DISTRICT 6 - BEACH) The following conditions shall be required: 1. The site shall be developed in substantial conformance with the submitted site plan entitled, "Preliminary Layout for Village Drive Self Storage, Virginia Beach, Virginia," prepared by Gallop Surveyors & Engineers, Ltd., dated August 14, 2002, which has been exhibited to the City Council and is onjile in the Planning Department. 2. All required streetscape and interior parking lot landscaping shall be installed for all of the 64 new parking spaces depicted on the site plan as specified in the City of Virginia Beach Landscape, Screening and Buffering Specifications and Standards. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Third of December, Two Thousand Two Voting: 7-0 (By Consent) Council Members Voting Aye: Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve, Peter W Schmidt, Rosemary Wilson. and James 1. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf Richard A. Maddox and Ron A. Villanueva December 3, 2002 - 32- Item V-J.3. PLANNING ITEM # 50528 Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY, Ordinance upon application o{TRlTON PCS/SUNCOMfor a Conditional Use Permit re a communication tower: ORDINANCE UPON APPLICATION OF TRITON PCS/SUNCOM FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER Ordinance upon Application of Triton PCS/SunCom for a Conditional Use Permit for a communication tower on property located south of the intersection of Snow Goose Lane and Hawks Nest Way, north of Interstate 264 (GPIN 2417283022). Parcel is located at 1400 Snow Goose Lane and contains 11.69 acres. DISTRICT 5 - LYNNHA VEN Voting: 7-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve, Peter W Schmidt, Rosemary Wilson. and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva December 3,2002 - 33- Item V-J.4. PLANNING ITEM # 50529 Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of TYRONE HART for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TYRONE HART FOR A CONDITIONAL USE PERMIT FOR A CHURCH R0120231061 BE 1T HEREBY ORDAINED BY THE COUNCiL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Tyrone Hart for a Conditional Use Permit for a church on the south side of Virginia Beach Boulevard, 93.78 feet west of Toy Avenue (GPIN 1467477344). Said parcel is located at 5441 Virginia Beach Boulevard, Suites 116 and 117 and contains 2.658 acres. DISTRICT 2 - KEMPSViLLE Thefollowing condition shall be required: 1. The applicant shall obtain all the necessary permits, inspections, and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building. A Certificate of Occupancy for the use shall be obtainedfrom the Permits and Inspections Division of the Planning Department, This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Third of December, Two Thousand Two Voting: 7-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve, Peter W. Schmidt, Rosemary Wilson. and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva December 3, 2002 - 34- Item V-J. 5. PLANNING ITEM # 50530 Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of OCEAN TIDE ASSOCIATES, L,L, C. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF OCEAN TIDEASSOCIATES, L.L.c. FOR A CONDITIONAL USE PERMIT FOR MULTIPLE- FAMILY DWELLINGS RO]2023]062 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Ocean Tide Associates, L.L. C. for a Conditional Use Permit for multiple-family dwellings on the north side of Shore Drive, between Sea Shell Road and Urchin Road (GPIN ] 590] 06244). Said parcel is located at 2990 Shore Drive and contains ].03 acres. DISTRICT 5 - LYNNHA VEN The following conditions shall be required: ]. The site shall be developed in substantial conformance with the submitted site plan titled "A project for Ocean Tide Associates, McGinnis Realty and Development Company, Towne Development Corporation, PROPOSED MULTI-FAMILY DEVELOPMENT SITE PLAN", sheet C], dated October ]4, 2002, prepared by Retnauer Design Associates. Said plan is on file in the City of Virginia Beach Planning Department. 2. The proposed buildings shall be constructed in substantial conformance with the submitted architectural elevations titled "A project for Ocean Tide Associates, McGinnis Realty and Development Company, Towne Development Corporation, PROPOSED MULTI-FAMILY DEVELOPMENT EXTERIOR ELEVATIONS", sheets A] and A2, dated October ]4, 2002, prepared by Retnauer Design Associates. Said plan is on file in the City of Virginia Beach Planning Department. 3. The site shall be landscaped in substantial conformance with the submitted landscape plan titled "A project for Ocean Tide Associates, McGinnis Realty and Development Company, Towne Development Corporation, PROPOSED MULTI-FAMILY DEVELOPMENT LANDSCAPE PLAN", Sheet Ll, dated October ] 4, 2002, prepared by Retnauer Design Associates. Said plan is on file in the City of Virginia Beach Planning Department. This Ordinance shall be effective in accordance with Section] 07 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Third of December, Two Thousand Two Voting: 7-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve, Peter W Schmidt, Rosemary Wilson. and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva December 3,2002 - 35- Item V-J.6. PLANNING ITEM#5053i Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of SANDBRIDGE COMMUNITY CHAPEL, United Methodist Church for Modification of a Conditional Use Permit (approved November 15, 1984 and October 24, 1988) re the sale of an existing lot on Little island and Sandpiper Roads, in the vicinity of Bonita Lane: ORDINANCE UPON APPLiCATiON OF SANDBRlDGE COMMUNiTY CHAPEL OF THE UNITED METHODIST CHURCH FOR A MODIFICA nON OF A CONDITiONAL USE PERMIT FOR A CHURCH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Sandbridge Community Chapel of the United Methodist Church for a Modification of a Conditional Use Permit for a church approved by City Council on November 15, 1984 and October 24, 1988. Property is located on the west side of Sandpiper Road, north and south sides of Bonita Lane between Sandpiper Road and Little Island Road (GPIN 2433329654; 2433420899; 2433421690). Parcels are located at 3041 Sandpiper Road and 300 Bonita Lane and contain 1.62 acres. DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit granted by the City Council on October 24, 1988 remain in affect. A reduction in land area from 1.62 acres to 1.3 acres is granted. 2. Condition Number 1 of the November 5. 1984 Conditional Use Permit is deleted. 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 Third of December, Two Thousand Two Voting: 7-0 (By Consent) Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan. Jim Reeve, Peter W. Schmidt. Rosemary Wilson. and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva December 3, 2002 - 36- Item V-J. 7. PLANNING ITEM # 50531 Mary Puryear Butler, 3300 Doncaster Road, Phone: 340-3300, expressed concern re street closure Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council ADOPTED Ordinances upon application of the CITY OF VIRGINIA BEACH for the discontinuance, closure and abandonment of a portion of Recreation Drive, Conditional Change of Zoning and Conditional Use Permit Application of the City of Virginia Beach for the discontinuance, closure and abandonment ofa portion of Recreation Drive located on the west side o.fDam Neck Road, beginning at a point 933feet more or less south of Princess Anne Road. Said parcel contains 2.54411 acres. DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The City Attorney's Office shall 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 resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat shall be submitted and approvedfor recordation prior to final street closure approval. 3. A 30-foot wide public utility easement and a variable width ingress/egress easement shall be provided as shown on the preliminary plat exhibited to City Council. 4. The applicant shall verifY that no private utilities exist within the right-ofway proposed for closure. Preliminary comments from the utility companies indicate that there are Dominion Virginia Power facilities within the right-of way proposed for closure. When private utilities exist, easements satisfactory to the utility company, shall be provided. 5. 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. AND, ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FORA CHANGE OFZONING DISTRICTCLASSIFICATION FROM P-1 ANDR-5D TO CONDITIONAL 0-2 Z012022128 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of the City of Virginia Beach for a Change of Zoning District Classification from P-1 Preservation District and R-5D Residential Duplex District to Conditional 0-2 Office District on the west side of Dam Neck Road, south of Princess Anne Road (GPIN 1485502885; portion of 1485605941; portion of 1484494376; and a section of Recreation Drive to be closed). The proposed zoning classification change to 0-2 is for office and office compatible land use. The Comprehensive Plan recommends this parcel for uses consistent with the policies of the Comprehensive Plan for the Transition Area and the Princess A nne Corridor Plan. Said parcels contain 71.74 acres. DISTRICT 7 - PRINCESS ANNE December 3, 2002 -37- Item V-J.7. PLANNING ITEM # 50531 (Continued) The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. AND, ORDINANCE UPON APPLiCATION OF THE CiTY OF VIRG1NIA BEACH FOR A CONDiTIONAL USE PERM1T FOR A HOSPiTAL / MEDiCAL COMPLEX AND AN ATHLETIC CLUB R0120231062 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of the City of Virginia Beach for a Conditional Use Permit for a hospital/medical complex and an athletic club on the west side of Dam Neck Road, south of Princess Anne Road (portion of GPiN 1485605941; portion of GPiN 1484494376; portion of section of Recreation Drive to be closed). Said parcels contain 45 acres more or less. DiSTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. Consistent with the proffers of the Conditional Zoning Agreement providing for the Conditional Change of Zoning from P-1 Preservation to Conditional 0-2 Office on the portion of the site subject to this Conditional Use Permit, the following conditions, numbered 2 to II, shall apply to the development of the site. 2. The overall architectural, site, and landscape design of the site shall be subject to the Design Guidelines for Princess Anne Commons, in effect as of the date of the approval of this Conditional Use Permit by the City Council, which guidelines are on file with the Planning Department of the City of Virginia Beach. The Guidelines shall act as the "development criteria" for this development. Architectural, site, and landscape plans for each component of the development shall be submitted to the Director of Planning or his designee to ensure consistency of the design with the Design Guidelines. 3. The site shall be developed in phases which may occur over a period of several years, substantially in compliance with the site plan entitled "Princess Anne Commons Health Campus Site Plan Concept Sketch" dated August 15, 2002, and prepared by CMSS Architects (the "Site Plan "), which includes, as a prominent feature a campus environment containing a central landscaped common area with adjacent buildings and required parking substantially as depicted on the Site Plan. The building locations, sizes and configurations may change. provided that the overall campus environment and central landscaped common area remain. 4. The Property shall contain an at-grade pedestrian walkway system connecting Princess Anne Road, Concert Drive and Princess Anne Park to the campus, in addition to other pedestrian routes within the campus. Such pedestrian walkway features shall be developed in phases as each building is constructed. 5. The architectural design of the principal buildings located on the site shall be substantially compatible with the architectural style and materials reflected in the renderings set forth in the exhibit entitled "Princess Anne Commons Health Campus Concept Renderings" dated August 15, 2002, and prepared by CMSS Architects, which renderings substantially comply with the Design Guidelines for Princess Anne Commons, in effect as of the date of the approval of this Conditional Use Permit by the City Council, which guidelines are on file with the Planning Department of the City of Virginia Beach. December 3, 2002 Item V-J.7. PLANNING - 38- ITEM # 50531 (Continued) 6. Mechanical equipment located adjacent to any structures on the site shall be screened with appropriate fencing and/or landscaping, and any mechanical equipment located on the top of any structures on the property shall be enclosed on four sides or screened with appropriately sized parapet walls. 7. All exterior dumpster areas on the site shall be screened utilizing building materials such as brick, pre-cast, or other materials that are compatible with the building materials utilized on the primary structures on the site. 8. The site shall be developed with a common landscape plan, which may be introduced in phases as portions of the site are developed, providing for continuity throughout the site with respect to compatible tree planting, shrubs and other landscape features. 9. The permitted accessory uses that may be developed in conjunction with the hospital facility and overall healthcare campus shall include, but not be limited to: allied health facilities, medical laboratories, a helipad/helistop, cafeteria facilities and nursing and other health- related vocational/educational facilities. 10. The restricted access from the site to Princess Anne Road shall be limited to emergency vehicles only and shall have a gated entrance to prevent any access by vehicles other than emergency vehicles. 11. In addition to any rights afforded by Section 15.2-2307 of the Code of Virginia, 1950, as amended and consistent with Section 221(g) of the City Zoning Ordinance of the City of Virginia Beach authorizing the City Council to specifically provide activation time periods and procedures uniquely applicable to a Conditional Use Permit in lieu of those otherwise provided in Section 221(g); and given the unique circumstances surrounding the delayed possession of the property upon which this development is proposed, the phasing of its development and the inter-relation of the combined uses shown on the Site Plan, the following shall apply to this Conditional Use Permit: The commencement of the development of any portion of the Conditional Use Permit site for any of the uses contemplated by the "Response" submitted by Sentara Healthcare ("Sentara 'j to the Request for Proposal for Development in Princess Anne Commons, dated May 28, 2002, issued by the City of Virginia Beach (the "City 'j (including the development of a medical office building, athletic club/recreational facility or any other use contemplated by the "Response" and/or shown on the Site Plan) prior to the "Outside Development Commencement Date" defined below shall have the effect of fully activating this Conditional Use Permit for all uses permitted hereunder and shall satisfy the requirements of Section 221 (g) of the City Zoning Ordinance of the City of Virginia Beach. For purposes of this Conditional Use Permit, the "Outside Development Commencement Date" shall be the date which is the later of (a) twenty-four (24) months after delivery of possession of the property by the City to Sentara, or (b) forty-eight (48) months after the date Sentara acquires title to the Property from the City. December 3, 2002 - 39- Item V-J. 7. PLANNING ITEM # 50531 (Continued) 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 Third of December, Two Thousand Two Voting: 7-0 (By Consent) Council Members Voting Aye: Margaret L. Bure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve, Peter W Schmidt, Rosemary Wilson. and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva December 3, 2002 -, r'-'-.~ ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS A PORTION OF RECREATION DRIVE LOCATED ON THE WEST SIDE OF DAM NECK ROAD AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "PLAT SHOWING STREET CLOSURE OF A PORTION OF RECREATION DRIVE RIGHT-OF-WAY, VIRGINIA BEACH, VIRGINIA" WHEREAS, on December 3,2002, the City of Virginia Beach applied to the Council ofthe City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment ofthe Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before December 2,2003; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before December 2,2003: All that certain piece or parcel ofland situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "RIGHT-OF - WAY TO BE CLOSED AREA = 110,821 SQ. FT. = 2.54411 ACRES" shown as the cross-hatched area on that certain plat entitled: "!'LA T SHOWING STREET CLOSURE OF A POR nON OF RECREATION DRIVE RIGHT-OF- WAY, VIRGINIA BEACH, VIRGINIA" Scale: I "=l 00', dated Sept. 9,2002, prepared by Survey Bureau, Engineering Division, Department of Public Works, a copy of which is attached hereto as Exhibit A. SECTION II The following conditions must be met on or before December 2,2003: I. The City Attorney's Office will make the final determination regardmg ownership ofthe 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. GPIN: 1485-60-5941 and 1484-49-4376 "~--T' ,. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. 3. A 30 foot wide public utility easement and a variable width ingress/egress easement shall be provided as shown on the preliminary plat exhibited to City Council. 4. The applicant shall 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, the applicant shall provide easements satisfactory to the utility companies. 5. Closure ofthe 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 the final plat is not approved within one year of the City Council vote to close the roadway, this approval will be considered null and void. SECTION III this Ordinance will be deemed null and void without further action by the City Council. I. If the preceding conditions are not fulfilled on or before December 2,2003, 2. If all conditions are met on or before December 2, 2003, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION IV 3. A certified copy ofthis 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." of OQ<;;,e"1be"- Adopted by the Council of the City of Virginia Beach, Virginia, on this --L day ,2002. 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KaYWilSO~ DEPT: City Attorney FROM: DEPT: City Attorney RE: Conditional Zoning Application City of Virginia Beach (Sentara Healthcare) The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 3, 2002. I have reviewed the subject proffer agreement, dated October 24, 2002, 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 AGREEMENT THIS AGREEMENT, made this a. ~day of October, 2002 by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City"), the owner of a certain parcel of property generally located on Princess Anne Road and Concert Drive in Virginia Beach, Virginia, which property is more fully described on Exhibit A attached hereto; and SENTARA HEALTHCARE, a Virginia corporation ("Sentara"), the contract purchaser of the property (hereinafter referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNES SE TH: WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classifications from R-5D and pol to 0-2 Conditional on certain property which contains approximately 71.75 acres, more or less, located in the Princess Anne Election District of the City of Virginia Beach, Virginia, which property is more particularly described in the attached Exhibit A (hereinafter the "Property"); and WHEREAS, the Grantee's policy is to provide only for the orderly development ofland for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the Same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned 0-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and GPIN: 1485-50-2885 1485-61-4048 1485-70-0443 This Document Prepared By: Troutman Sanders LLP 4425 Corporation Lane, Suite 420 Virginia Beach, VA 23462 WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing 0-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of Quid oro QUO for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through 2 the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, mimely: 1. The Grantee acknowledges that the development of the Property in a manner consistent with this Agreement will occur in phases over a period of several years, and that prior to and during such development, and subject to certain Agreements between Sentara and Grantee, the Grantee may continue to utilize portions of the Property for uses consistent with its current R-5D and P-1 zoning classifications and the historic uses that Grantee has maintained on the Property, and that such continued use shall not constitute a zoning violation or an enlargement or expansion of a lawful nonconforming use. 2. Subject to Proffer #1, the Property shall be developed in a comprehensive manner as a healthcare, office, educational and recreational complex, which shall include as the prominent feature a unified healthcare campus, and shall be subject to the terms of that certain Development Agreement between Sentara and Grantee to be executed upon Sentara's acquisition of the Property, as such Development Agreement may be subsequently amended. 3. Subject to Proffer #1, the buildings and other structures on the Property shall be developed in substantial compliance with a unified architectural theme. The exterior building materials utilized on the principal structures shall complement one another without requiring uniformity of materials or design, and shall substantially comply with the Design Guidelines for Princess Anne Commons, in effect as of the date of this Agreement, which guidelines are on file with the Planning Department of the City of Virginia Beach, Virginia. 4. Subject to Proffer #1, the primary exterior building materials utilized on the principal Structures located on the Property shall consist of any combination of the following: brick, glass, metal, pre-cast concrete, or stone. 5. Subject to Proffer #1, the following uses otherwise permitted or conditional in the 0-2 zoning district shall be prohibited on the Property: a. Cemeteries. 3 b. Roadside stands for the sale of agricultural products. c. Television or radio transmission towers, provided that building mounted antennas, cellular telephone antennas and line-of-sight relay devices shall not be prohibited. d. Churches. e. Funeral homes. Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing oflegal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning 4 ._----_._--".._._..,..._~. -_.._~- Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. Upon acquisition of the Property by Sentara, Sentara shall succeed to all rights and obligations of the "Grantors" under this Agreement, and the City shall have no further rights or obligations of a "Grantor" under this Agreement (but will retain all rights and obligations as the "Grantee"). [Remainder of Page Intentionally Left Blank] 5 ~ .,----- GRANTOR: CITY OF VIRGINIA BEACH B~~ 0.._/, ~)II*''''e.) , ~'-~~_. ,. City Manager/ Authorized Designee ~ GRANTOR: SENTARAHEALTHCARE By: ~ '" \-L ":t /'" Donald V. JelIig, VI ~sident COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ~~lO_~!!.j.I-<) The foregoing instrument was acknowledged before me this ~ay ol~; 2002, by '<'~>ll""~'lI\ , City MA"~6er/Authorized Designee of City Manager of the City of Virginia Beach, Virginia, on its behalf. He/she is personalIy known to me. My Commission Expires: Lf - 30 "da<3 ;:B:1-Q$~; Not lie 6 .._._.....^-'_._-~-,...._'-- COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me thi~~~y of October, 2002, by Donald V. lellig, Vice President of Sentara Healthcare, a Virginia corporation, on its behalf. He is personally known to me. My Commission Expires; 10/3;/05 162690.1 -_........ -"-_.,.-._"'._----~_._-^._-~ 7 ~ -u- ~ otary~ CITY'S ACKNOWLEDGMENT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: I, B.L Brittingham, a Notary in and for the City and State aforesaid, do hereby certify Ruth Hodges Smith, MMC, City Clerk for the City of Virginia Beach, Virginia, whose name is signed to the foregoing Agreement has acknowledged the same before me in my City and State aforesaid. Given under my hand this.!if. day of Ahi.lO~, 2002. No"" Poboc -:ttJ- ffJf )j;j My commission expires: April 30'h, 2003. eJ ---r-'---..,--.--_______~__._ EXHIBIT A ~-~..~------,.,,-,....._.. ALL those certain lots, pieces, or parcels of land, situate, lying and being in the City of Virginia Beach, Virginia, and designated and described as "PARCEL A, GPIN 1485-50-2885, 15.960 ACRES," "PARCEL B, GPIN 1485-61-4048, 43.88045 ACRES," and "PARCEL C, GPIN 1485-70-0443, 9.35546 ACRES," as shown on the plat entitled "EXCESS PROPERTIES TO BE CONVEYED TO SENT ARA HEAL THCARE" dated June 6, 2002, attached hereto. UXAT/ON IIAP SCA/.E, N.T S. ::J ::1 B~ ~.. '< If l~ ".. ."Ii .., f ." LANDSTOWN HIGH SCHOOL ..<:l ~ V~ J"J" ~4:: (<' ~O ~ A ~ GPIN WI6-50-2I8.\ ~ /5.960 ACRES <: 8 B GPIN 1486-'1-41).48 4JB8045 ACRES PRINCESS A.NNE PAR~ GPIN 148.\-70-6942 RECREATION DRIVE ~o~ r,.C'f.. Q~ '" VIRGINIA BBACH AMP.tnTHRATER GPIN 1484-59-0240 EXHIBIT A EXCESS PROPERTIES TO BE CONVEYED TO SENT ARA HEAL THCARE GRAPHIC I 0' SCALE: I' = 400' I I 400' 800' DATE, JUNE 6.2002 ._---~'~-_.__.."-,.,..--,. - 40- Item V-K.l. APPOINTMENTS ITEM # 50532 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE MINORITY BUSINESS COUNCIL PLANNING COMMISSION RESORT ADVISORY COMMISSION VIRGINIA BEACH FOUNDATION VOLUNTEER COUNCIL December 3, 2002 . - 41- Item V-K.2. APPOINTMENTS ITEM # 50533 Upon NOMINATION by Council Lady EureJor appointment on December 17, 2002, City Council selected: TO BE REAPPOINTED Mary Almaguer (Family Member) William R. Brown T. Roy Jarrett, III FOR APPOINTMENT Donna S. Morris COMMUNITY SERVICES BOARD Voting: 7-0 Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve, Peter W Schmidt, Rosemary Wilson. and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Ron A. Villanueva December 3, 2002 _.._-~_.,-~,_._.. " - 42- Item V-N./. ADJOURNMENT ITEM # 50534 Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 7:44 P.M. Q~__t2._._L~~_. /...., Beverly OHooks, CMC Chief Deputy City Clerk ------------------------------------ Louis R. Jones Vice Mayor ~t~~__= Ruth Hodges Smith, MMC City Clerk --------------------------------- Meyera E. OberndorJ Mayor City oj Virginia Beach Virginia December 3,2002