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Home My WebLink AboutMARCH 23, 1999 MINUTESCity of Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF At Large VICE MAYOR WILLIAM D SESSOMS JR At Large LINWOOD 0 BRANCH I!! Dtstrwt 6 Beach MARGARET L EURE Dtstrt(t I Centervtlle WILLIAM W HARRISON JR Dtstrtct 5 l ynnha~en HAROLD HEISCHOBER At-Large BARBARA M ttENLEY Dtstrt~ t 7 Prtn(es$ Anne LOUIS R JONES Dt~trtct 4 Baystde REBA S McCLANAN Dtstrtct 3 Ro~e Itall NANCY K PARKER At Large A M (DON) WEEKS Dtstrt~t 2 Kernpsvdle JAMES K SPORE Ctty Manager LESLIE L LILLEY Ctty Attorney RUTH HODGES SMITH CMC/AAE C.y Clerk CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH VIRGINIA 23456 9005 PltONE (757) 427 4U)3 FAX (757) 426 ~669 LMAIL CTYCNCL~CITY VIRGINIA-BEACH VA U~ March 23, 1999 I. PRESENTATION - Conference Room- 3:00 PM Ao HUMAN RIGHTS COMMISSION - Semi-Annual Report [15 min.] Sylvia Strickland-Primm, Chair II. CITY MANAGER'S BRIEFINGS: A. B, VDOT PREALLOCATION HEARING [20 min.] Clarence Wamstaff, Acting Director, Department of Pubhc Works FALSE CAPE LODGE DEVELOPMENT - Property Option Agreement [30 min.] Donald Maxwell, Director, Department of Economic Development III. REVIEW OF AGENDA ITEMS [15 min.] IV. CITY COUNCIL COMMENTS [15 min.] V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION Parks and Recreation Teen Council Candlelight Ceremony for Abused and Neglected Children (Courthouse Drive in front of City Hall) 5:30 PM VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Richard Yates Beachlawn Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE LrNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS March 9, 1999 G. AGENDA FOR FORMAL SESSION The Consent Agenda wtll be determtned durtng the Agenda Review Session and constdered tn the or&nary course of business by Ctty Counctl to be enacted by one motion. H. PRESENTATION 1. PRINCESS ANNE HIGH SCHOOL BASKETBALL TEAM I. RESOLUTIONS Resolution of support to the Virginia Department of Conservation and Recreation and the Federal Highway Administration for the Cape Henry Trail Reconstruction project as a proposed recreational trail rehabilitation project. (LYNNHAVEN - DISTRICT 5) . Resolutions to request the Virginia Department of Transportation ACCEPT urban maintenance payments for: a. Additional streets. b. Corrections to the revised Road Inventory. . Resolution re issuance by the Industrial Development Authority of the County of Isle of Wight of revenue bonds in the amount not to exceed $5,000,000 for CATHOLIC HIGH SCHOOL re financing and refinancing of athletic, library and classroom facilities. J. ORDINANCES o Ordinance to TRANSFER $56,000 from within the Tourism and Growth Investment Fund (TGIF-Contingencies) to the FY 1998-1999 Operating Budget of the Department of Convention and Visitor Development re matching funds for the construction of the "VIRGINIA LEGENDS WALK". . Ordinance to award a lease for a portion of city-owned property at 701 Chantry Drive to VIRGINIA METRONET, INC., d/b/a Alltel re construction, maintenance and operating wireless telecommnications facilities. (ROSE HALL - DISTRICT 3) . Ordinance to authorize a temporary encroachment into a portion of the City's right-of-way by GREAT NECK BAPTIST CHURCH to construct and maintain two (2) directional signs at the intersection of Great Neck Road/Old Donation Parkway and Inlynnview Road (LYNNHAVEN- DISTRICT 5) (Deferred 9/22/98) 4. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY Five-Star Limousine, Inc. (Deferred 2/23/99) Freedom Co., Inc. t/a Ace Limousine 5. REFUNDS: a. License- $5,282.03. Tax - $5,570.48. K. PUBLIC HEARING- PLANNING PLANNING BY CONSENT - To be determined dunng the Agenda Review Session. Application of EDWARD O. "TED" YODER for the discontinuance, closure and abandonment ora portion of Holly Road, beginning at the Northern boundary of Bay Colony Drive running Northwesterly 284.01 feet, containing 12,405 square feet (BEACH - DISTRICT 6) Deferred: Recommendation: March 9, 1999 APPROVAL . Application of OIL EQUIPMENT PROPERTIES for a Conditional Use Permit for a self- serve car wash with office/equipment building on Lot 41, East half of Lot 42 and the West half of Lot 40, Bradford Park (4912 Rutherford Road), containing 1.02 acres (BAYSIDE - DISTRICT 4). Recommendation: APPROVAL . Application of S.C.P. PROPERTIES, INC., for a Conditional Use Permit for mini- warehouses on the West side of South Lynnhaven Road, 200 feet more or less North of Silina Drive, containing 1.15 acres (ROSE HALL- DISTRICT 3). Recommendation: APPROVAL , Application of BOYS CLUB OF NORFOLK, INC., t/a Boys & Girls Club of South Hampton Roads for a Conditional Use Permit for a boys & girls club at the Northern extremity of Competitor Court (1505 Competitor Court), containing 4.405 acres (PRINCESS ANNE- DISTRICT 7). Recommendation: APPROVAL o Application of DONALD BERGER for a Conditional Use Permit for indoor recreation (billiards) on the North side of Pembroke Boulevard, West of Independence Boulevard (4616 Pembroke Boulevard), containing 1.35 acres (LYNNHAVEN- DISTRICT 5). Recommendation: APPROVAL . Application of LONG BAY DEVELOPMENT LTD., for a Conditional Use Permit for marina (improvements) at the Southwest intersection of Great Neck Road West and Buccaneer Road, containing 7.3 acres more or less (LYNNHAVEN - DISTRICT 5). Recommendation: APPROVAL . Request of applicant for City Council to refer back to the Planning Commission: RECONSIDERATION of PRINCESS HOUSE, L.L.C., denied 1/26/99, for a Conditional Use Permit for housing for the aged on the East side of Princess Anne Road, 180 feet North of Baxter Road, containing 5.014 acres (KEMPSVILLE- DISTRICT 2). Recommendation: . Application of Z-1 COMMERCIAL PROPERTIES, LLC, for a Change of Zoning District Classification from I-1 Light Industrial District to Conditional B-2 Community Business District at 820, 830 and 840 South Military Highway and 6404 Indian River Road, containing approximately 4.2 acres (CENTERVILLE - DISTRICT 1). Deferred: Recommendation: March 9, 1999 APPROVAL o Application of BERKSHIRE APARTMENTS, L.L.C. for the MODIFICATION OF CONDITIONS on the approved application of July 13, 1981, for a rezoning from A-1 Agricultural District Classification to A-2 Agricultural District Classification on the East side of West Lane, 200.46 feet North of Virginia Beach Boulevard (LYNNHAVEN - DISTRICT 5). Recommendation: DENIAL 10. City of Virginia Beach City Zoning Ordinance (CZO): ao AMEND Sections 1504 and 1514 re elimination of on-site parking requirements for uses other than hotels and motels in the RT-1 and RT-2 Resort Tourist Districts. b° AMEND Sections 1511 and 1521 establishing commercial parking lots and garages as conditional uses in the RT-3 Resort District, eliminating commercial parking lots and garages as principal uses in the RT-3 Resort Tourist District; and, allowing off site parking for uses located in the RT-1 and RT-2 Resort Tourist Districts as a conditional use in the RT-3 Resort Tourist District. Recommendation: APPROVAL L. APPOINTMENTS EROSION COMMISSION PARKS & RECREATION COMMISSION M. UNFINISHED BUSINESS o GTE Amphitheater Sound (Council Lady Nancy K. Parker scheduled this item on February 23, 1999, and will sponsor Concerned Citizens) N. NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - February 1999 O. ADJOURNMENT FY 1999-2000 OPERATING BUDGET & C I P SCHEDULE DATE EVENT TIME LOCATION Tuesday, March 30 Presentation of Budget/CIP Noon Council Chambers Tuesday, April 6 Workshop 10 AM - Noon Council Conference Room Tuesday, April 13 Workshop 10 AM - Noon Council Conference Room Thursday, April 15 Public Hearing 7 PM Princess Anne High School Tuesday, April 20 Workshop 4 PM - 6 PM Council Conference Room Tuesday, April 27 Workshop 3 PM - 5 PM Council Conference Room Tuesday, May 4 Workshop 10 AM - Noon Council Conference Room Tuesday, May 4 Public Hearing 2 PM Council Chambers Thursday, May 6 Reconciliation Workshop 3 PM - 5 PM Council Conference Room Tuesday, May 11 Adoption of FY 1999-2000 Operating Budget & Capital Program 2PM Council Chambers 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) 03/18/99BAP AGENDA\03-23-99.PLN www.virginia-beach.va.us CITY OF VIRGINIA BEA CH SUMMARY OF COUNCIL ACTIONS H E 0 H I M B A S C E S DATE' 09 March 1999 B R C H C R P E PAGE. 1 R R H E J L N A S W A E I O N O A D R S E N U S B L N N O K O E AGENDA C R O E E E A R E M K ITEM # SUBJECT MOTION H E N R Y S N F R S S VOTE I CITY COUNCIL BRIEFINGS A LEGENDS WALK CONCEPT/UPDATE Sean Bnckell Bnckell/Assoc B 1999 BEACH EVENTS PROGRAM Bobby Melatt~ Cellar Door C HOLIDAY LIGHTS PAST/PRESENT/ Bobby Melatb/ FUTURE Damelle Batdorf Cellar Door II CITY MANAGER'S BRIEFINGS A 1998 STRIVING FOR EXCELLENCE/ Gwen Cowart VIRGINIA BEACH A QUALITY D~rector ORGANIZATION V~deo Svcs B VIRGINIA MARINE SCIENCE MUSEUM, C Mac Rawls PHASE III D~rector Museums Ill/IV/ CERTIFICATION OF EXECUTIVE CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y A Y VNI/ SESSION E F MINUTES - 02 March 1999 APPROVED 10-0 Y Y Y Y Y Y Y Y Y A Y G Ordinance re CZO Secbon 801 ADDED 10-0 Y Y Y Y Y Y Y Y Y A Y G Agenda for Formal Session ADOPTED B Y C O N S E N S U S H/1 Ordinance re pubhc nghts-of-way use ADOPTED 6-4 Y Y Y Y N Y N Y N A N fee/compensabon by telephone service w~th dedicated funding to Schools Instructional Technology Special Revenue effective 1 July 1999 2 Ordinance to AMEND Capital Budget ADOPTED 6-4 Y Y Y Y N Y N Y N A N estabhsh~ng 31~ St Development ProJect S~te Acquisition/TRANSFER $2,023,000 Development ^uthonty to acquire parcel owned by S A S Oceanfront Assoc 3 Resolubon to request TTDC defer further MOTION TO 3-7 N N N N N N Y Y N A Y expenditures re L~ght Rad untd VA Beach APPROVE =t~zens express approval of proJect at LOST TO Adwsory Referendum ~n November 1999 NEGATIVE (Sponsored by Counctlman Don Weeks) VOTE 4 L~cense Refunds $6,268 87 APPROVED 10-0 Y Y Y Y Y Y Y Y Y A Y I/1 EDWARD O "TED" YODER closure of DEFERRED TO 9-0 A Y Y Y Y Y Y Y Y A Y port~on of Holly Road at Bay Colony Dnve 03~23~99 (BEACH - DISTRICT 6) BY CONSENT 2 GREENWOOD ASSOC Vanance to APPROVED/ 8-1 A Y Y Y Y Y N Y Y A Y Section 4 4(b) of Subd~ws~on Ordinance re CONDITIONED lots meet CZO on Holland Road/Sawlle BY CONSENT Garden Way (PRINCESS ANNE - DIST 7) 3 DOCKERY, Jr and MILDRED LAMBERT APPROVED/ 9-0 A Y Y Y Y Y Y Y Y A Y CUP cemetery/colu mban um/crematory/ CONDITIONED mausoleum on Indian R~ver Road/R~dd~ck BY CONSENT Lane (PRINCESS ANNE - DISTRICT 7) 4 BETH SHOLOM TERRACE CUP APPROVED/ 9-0 A Y Y Y Y Y Y Y Y A Y assisted hvmg at ^ubum Dnve/College CONDITIONED Park Blvd (6401 Auburn Dnve) BY CONSENT (CENTERVILLE - DISTRICT 1) i MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~n~a Beach, V~rg~n~a March 23, 1999 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL BRIEFING tn the Council Conference Room, City Hall Building, on March 23, 1999, at 3 '00 P M Council Members Present: Ltnwood 0 Branch, III, Harold Hetschober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor Wilham D. Sessoms, Jr. and A M "Don" Weeks Council Members Absent: Margaret L. Eure [ENTERED 3'07 P M] Wilham W Harrtson, Jr. [ENTERED 3 17 P M] -3- CI T Y COUNCIL B R IE FIN G HUMAN RIGHTS COMMISSION ITEM # 44748 (Continued) TOP TEN REASONS WHY OUR HUMAN RIGHTS COMMISSION WORKS IN VIRGINIA BEACH 1. We give Ctty Councd ONE LESS area of concern ~ 2. We are dechcated to our cittzens, government and human rights 3 We pay attention to "trouble spots" 4 We are able to educate and be educated by contact with cttizens 5. We recogntze the cittzens ' desire to be involved 6 We hsten to unoffictal complatnts BEFORE THEYBECOME OFFICIAL 7. We are able to momtor the "pulse" of the Ctty through contact 8 We network and reach out to many orgamzattons and agencies. 9 We spend our ttme/energtes on projects affecting many people. 10 We are not overwhelmed wtth tnchvidual cases Mayor Oberndorf expressed appreciatton to the Commission for their volunteerism to the Chesapeake City Council asststtng them wtth their issues. Mayor Ward was delighted Mayor Oberndorf expressed apprectation to the Members for the creation of the Bridge for Healing for the restdents of Salem Road The City Counctl is very grateful At the Ctty Counctl Retreat, tt was dectded only an Annual Report would be necessary from any of the Boards and Commtsstons. March 23, 1999 -4- CI T Y COUNCIL B R IE FIN G VDOT PREALLOCA TION HEARING 3:12 P.M. ITEM # 44 749 Clarence Warnstaff, Acting Dtrector- Department of Pubhc Works, advised the Virginia Department of Transportation (VDOT) Preallocation Hearing ts SCHEDULED for Thursday, March 25, 1999 John Herzke, City Engineer, will appear at the Heartng to represent Vtrgima Beach. A copy of the Ctty 's prepared statement was distributed to City Council Relative the Southeastern Parkway and Greenbelt, the City clearly states conttnued endorsement of that project. Thts project has been and continues to be an tntegral part of the City's Master Transportatton Plan and the City strongly supports VDOT'S continued effort on behalf of the Parkway It ts one of the Ctty's highest regtonal transportation projects Vtrginta Beach ts worktng with Chesapeake and ts confident the project wtll have strong regtonal support tn the future This will be further discussed in the City Manager's recommended Capital Improvement Program. The staff is recommenchng a reallocatton of some of the City's urban fundtng. VDOT has tnchcated tentattve concurrence with same to reallocate some of these funds. The City is requesting two existtng projects be accelerated Ferrell Parkway, Phase II: Extenchngfrom Dam Neck to the Mumctpal Complex, whtch ts proposed to be a four-lane roadway project 2.2 miles in length This ts to occur in late 2003for constructton The City is requesting thts project be advanced by at least a year Holland Road, Phase VI: Proposed to be four-lanes from Dam Neck Road to Ferrell Parkway, 2 6 miles in length The current schedule for this project ts to commence tn the Spring of 2003. The Ctty is requesting thts project by advanced by at least 6 months to the Fall of 2002. Addttton of our four (4) new projects: Princess Anne-Kempsville Roads Intersection (commenctng tn year 5 of the 6-year program). Laskin Road Phase H (from Birdneck Road to the intersection of 3ffh and 31~ Streets). This ts a reinstatement of a project prevtously in the I/DOT Program. Salem Road Phase H (Independence Boulevard to Elbow Road) Thts completes a transttton link between two projects Salem Road (currently under constructton) and Elbow Road (currently under destgn). Improvements at Route 44 and Great Neck Road. At the present ttme, I/DOT is studytng three interchanges along Route 44: Lynnhaven and Route 44, Witchduck Road and Route 44 and Rosemont Road and Route 44 The City's highest priority is Lynnhaven and Route 44, tncluchng the construction of an additional ramp access at Great Neck Road as the first phase of thts interchange improvement. The City is also requesttng a project whtch wtll tncrease the landscaping and the aesthetics along the Route 44 Corrtdor. The City has endorsed a I/DOTproposal to construct an addttional interchange between Indian River Road and Greenbrier Parkway, generally tn the vtctnity of the plannedjunctton of City Line Road There ts one other issue tdenttfied to VDOT, at the Intersectton of Route 44 and 1-64. Thts issue tnvolves the portton of that tnterchange for traffic that is travehng west on 1-64 from Chesapeake and maktng an extt to go east on Route 44. Even though this portion of the interchange ts located in the Ctty of Norfolk, Virgima Beach restdents have requested tn thetr telephone calls this area be tmproved. Mr. Warnstaff advtsed staff believes thts should be a regtonal project for our area. With regard to designattng Route 44 as Interstate 264, the Ctty apprectates I/DOT's support and ts aware of a significant number of signs to be replaced tn Norfolk, Chesapeake and Vtrgtnta Beach VDOTts requested to constder utthztng regtonal/Nattonal htghway system funds to accomplish thts stgn conversion I/DOT's work on the TransAmerica Corridor Feasibility Study ts also endorsed, whtch the Ctty beheves will greatly enhance the Route 460 Corrtdor and provtde a major east-west transportation system from the West Vtrgtnia hne to the Atlantic Ocean March 23, 1999 -5- CI T Y COUNCIL BRIEFING I/DOT PREALLOCA TION HEARING ITEM it 44749 (Continued) Mr. Herzke advtsed there are environmental permitting issues assoctated wtth the Ferrell Parkway Phase I/portion Rather than holding up the entire process and resolvtng these aforementtoned issues, there are less permttttng tssues associated wtth Phase II The portton by Kellam High School can be tncluded Mr. Herzke advised relative City Line Road, the Ctty ts looktng at an tnterchange whtch bastcally services Ctty Line Road running to the southeast back into Virgtnta Beach Vtrginta Beach has onl.)~ one mterchange at Indian Rtver Road off of I-64, all the rest of the interchanges are tn Norfolk Mr Warnstaff advised one of the main issues to improve the appearance of the City's environment ts to do a better job hnlang the planttng of roadways with the design and construction by conductmg Corridor studies. The Corridor study assists tn the process of tdenttf-ytng opportumties to enhance the appearance of the roadway project It is apart of the Ctty 's pohcy to perform the Corridor studies for these major roadway projects tn order that the concept and the vision which the Ctty desires to achieve, particularly in the area of commumty appearance, can be incorporated and given to VDOT to incorporate in the destgn and construction Mr. Warnstaff advtsed the right-of-way costs are included in each roadway capital project. The width of the rtght-of-way does affect the cost; however, the Ctty is trytng to factor this into the CIP costs ~In example would be the Princess Anne Corridor Study There wtll be a cost assoctated with enhanced commumty appearance of that roadway and these costs will be identtfied for Ctty Councd. ~Ill costs relattve wider right-of-ways will be identified. March 23, 1999 -6- CI T Y COUNCIL B R IE FIN G FALSE CAPE LODGE DEVELOPMENT 3:38 P.M. ITEM # 44750 The City Manager advised relative the False Cape Lodge Development, a stgned option agreement with the property owners has not been recetved Therefore, t. f a stgned optton agreement has been recetved, the Brtefing wtll be rescheduled for the City Council Session of Aprii 6, 1999 March 23, 1999 -7- ,4 GENDA RE VIE W SESSION 3:40 P.M. ITEM # 44 751 J. 3 Ordinance to authorize a temporary encroachment tnto a portion of the Ctty's right-of-way by GREAT NECK BAPTIST CHURCH to construct and matntatn two (2) directional signs at the intersectton of Great Neck Road/OM Donation Parkway and Inlynnvtew Road (L YNNHA FEN- DISTRICT 5) (Deferred 9/22/98) Thts item wtll be dtscussed dunng the Formal Session ITEM # 44 752 B Y CONSENSUS, thefollowtng items shall compose the CONSENTAGENDA. RESOLUTIONS I1. 12. 13 Resolution of support to the Virgtma Department of Conservation and Recreatton and the Federal Highway Admimstratton for the Cape Henry Trail Reconstruction project as a proposed recreational trail rehabihtation project (L YNNHA VEN - DISTRICT 5) Resolutions to request the Virgtma Department of Transportation (VDOT) ACCEPT urban maintenance payments for. a Addittonal streets b. Corrections to the revtsed Road Inventory Resolution re tssuance by the Industrial Development Authority of the County of Isle of Wight of revenue bonds tn the amount not to exceed $5,000, O00 for CA THOLIC HIGH SCHOOL ORDINANCES J1 Ordinance to TRANSFER $56, O00 from within the Tourism and Growth Investment Fund (TGIF-Contingencies) to the FY 1998-1999 Operattng Budget of the Department of Convention and Vtsitor Development re matchtngfunds for the construction of the "VIRGINIA LEGENDS WALK'" J2 Ordinance to award a lease for a portton of city-owned property at 701 Chantry Drive to VIRGINIA METRONET, INC., d/b/a Alltel re constructton, matntenance and operating wireless telecommunications facilities. (ROSE HALL - DISTRICT 3) J 4. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY Five-Star Limousine, Inc. (Deferred 2/23/99) Freedom Co, Inc t/a Ace Ltmoustne J 5. REFUNDS. a. License - $5,282.03. b . Tax - $5,570.48. March 23, 1999 -$- AGENDA RE VIE W SESSION ITEM # 44 753 K3 Apphcatton of S. C.P. PROPERTIES, INC.,for a Conditional Use Permit for mint-warehouses on the West stde of South Lynnhaven Road, 200feet more or less North of Sthna Drtve, contatntng 1 15 acres (ROSE HALL - DISTRICT 3) Council Lady McClanan requested the followtng con&tion be ADDED: The freestanding sign will be monument style with a brick base and a maximum height of four feet. Landscaping around the sign shall consist o flow level shrubs with annuals and/orperennials. This property ts adjacent to the Plaza Middle School ITEM # 44754 Application of BOYS CLUB OF NORFOLK, INC., t?a Boys & Girls Club of South Hampton Roads for a Condttional Use Permtt for a bops &gtrls club at the Northern extremtty of Competttor Court (1505 Competttor Court), contaimng 4. 405 acres (PRINCESS ANNE - DISTRICT 7) Council Lady McClanan expressed concern relative the stgns. Mr Davis F Harris -Prestdent, has advtsed they do not intend to tnstall a free-standtng sign, but wtsh to place stgnage on the buildtng. Counctl Lady McClanan wtshed the addttion of a condition There will be no freestanding identification sign. Condttton No. 3 relative the freestan&ng sign at the entrance will be ehminated. Counctl Lady Eure and Council Lady Henley wished a rendenng of the proposal be shown, as they are concerned relattve the bright colors ITEM # 44 755 K5 Apphcatton of DONALD BERGER for a Conditional Use Permit for indoor recreatton (btlliards) on the North stde of Pembroke Boulevard, West of Independence Boulevard (4616 Pembroke Boulevard), contaming 1.35 acres (L YNNHA VEN- DISTRICT 5) Councilman Harrison wtshed this ttem be DEFERRED until the City Council Session of April 13, 1999 ITEM # 44756 K6. Application ofLONG BA YDEVELOPMENTL TD.,for a Condittonal Use Permit for marina (improvements) at the Southwest mtersectton of Great Neck Road West and Buccaneer Road, contatntng 7. 3 acres more or less (L YNNHA VEN - DISTRICT 5) Thts ttem wtll be chscussed during the Formal Sesston March 23, 1999 -9- AGENDA RE VIE W SESSION ITEM # 44757 K8 Apphcation of Z-1 COMMERCIAL PROPERTIES, LLC, fora Change of Zoning Dtstrict Classtficatton from I-1 Light Industrtal Dtstrtct to Condttional B-2 Community Business Dtstrtct at 820, 830 and 840 South Mthtary Htghway and 6404 In&an Rtver Road, contatning approximately 4.2 acres (CENTER VILLE- DISTRICT 1). The applicant has requested INDEFINITE DEFERRAL of this item. ITEM # 44 758 K9 Apphcation of BERKSHIRE APARTMENTS, L.L.C. for the MODIFICATION OF CONDITIONS on the approved application of JulY 13, 1981, for a rezomngfrom A-1 Classification to A-2 A griczdtzira! ~;str;ct Apartment Dtstrtct Classification on the East stde of West Lane, 200 46feet North of Virgtnta Beach Boulevard ~ ......... .... - ......... / BEA CH- DISTMCT 6 Counctlman Branch advtsed thts applicatton was tn the BEACH - DISTRICT 6, not LYNNHAVEN- DISTRICT 5. Council Lady Henley advtsed this is not an Agricultural Dtstrtct etther. It ts an Apartment Dtstrict ITEM # 44 759 B Y CONSENSUS, the following items shall compose the PLANNING B Y CONSENT AGENDA. K1. Apphcatton of EDWARD O. "TED" YODER for the disconttnuance. closure and abandonment of a portton of Holly Road, begmntng at the Northern boundary of Bay Colony Drtve running Northwesterly 284 0 l feet, contatning 12,405 square feet (BEACH- DISTRICT 6) K. 2 Apphcatton of OIL EQUIPMENT PROPERTIES for a Condtttonal Use Permtt for a se!f-serve car wash wtth Office/equipment buil&ng on Lot 41, East half of Lot 42 and the West half of Lot 40, Bradford Park (4912 Rutherford Road), contalmng I 02 acres (BA YSIDE - DISTRICT 4). K3. Application of S. C.P. PROPERTIES, INC.,for a Conchtional Use Permit for mtni-warehouses on the West side of South Lynnhaven Road, 200feet more or less North of Sthna Drive, contatmng 1.15 acres (ROSE HALL - DISTRICT 3). K4 Apphcation of BOYS CLUB OF NORFOLK, INC., t/a Boys & Girls Club of South Hampton Roads for a Conditional Use Permtt. fora boys & girls club at the Northern extremity of Competitor Court (1505 Competttor Court), contatmng 4 405 acres (PRINCESS ANNE - DISTRICT 7). K. 5 Apphcation of DONALD BERGER for a Condtttonal Use Permit. for tndoor recreation (bilhards) on the North side of Pembroke Boulevard, West of Independence Boulevard (4616 Pembroke Boulevard), contatmng 1.35 acres (L YNNHA VEN - DISTRICT 5) K7 Request of apphcant for Ctty Council to refer back to the Planning Commission for RECONSIDERATION: Apphcatton of PRINCESS HOUSE, L.L.C., dented January 26, 1999, for a Conchttonal Use Permtt for houstng_for the aged on the East stde of Prtncess Anne Road, 180feet North of Baxter Road, containtng 5.014 acres (KEMPSVILLE - DISTRICT 2) March 23, 1999 - IO- AGENDA RE VIE W SESSION ITEM # 44 759 (Continued) K8. Apphcation of Z-1 COMMERCIAL PROPERTIES, LLC, fora Change of Zontng Dtstrict Classification from I4 Light Industrial District to Condittonal B-2 Communtt~ Bustness Dtstrtct at 820, 830 and 840 South Mihtary Htghway and 6404 In&an River Road, containing approximately 4 2 acres (CENTER VILLE- DISTRICT 1). K. IO Ctty of Vtrgtnia Beach Ctty Zoning Ordtnance (CZO) AMEND Secttons 1504 and 1514 re elimination of on-site parking requtrements for uses other than hotels and motels tn the RT-1 and RT-2 Resort Tourist Dtstricts AMEND Sections 1511 and 1521 establishing commercial parla'ng lots and garages as conditional uses tn the RT-3 Resort District, ehmtnating commercial parking lots and garages as principal uses in the RT-3 Resort Tourist District; and, allowing off site parkingfor uses located in the RT-1 and RT-2 Resort Tourtst Distrtcts as a conditional use in the RT-3 Resort Tourist District Item K. 3. wtll be APPROVED, BY CONSENT, with an addttional condition. Item K 4. will be APPROVED, BY CONSENT, with an ad&tional condition and display of the rendering. Item K 5 will be DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of ~4pril 13, 1999 Item K. 8. wdl be DEFERRED INDEFINITEL Y, B Y CONSENT. March 23, 1999 ~ll- CITY COUNCIL COMENTS 3:48 P.M. ITEM # 44 760 Councilman Weeks ~nqutred relattve the creation of the Beach and Waterways Commission, whtch could consoltdate some of the other Commtsstons and reacttvate some of the functions of the Eroston Commtssion The Ctty Manager advised the recommendation wtll be forwarded withtn the next month ITEM # 44 761 Councd Lady Eure referenced the correspondence to Mark Wawner from Ltsa Faulk , Markettng Dtrector - Tournament Players Club of Virginia Beach, and the planned stte vtsit for hotel representattves, golf professtonals, markettng departments and other mterested parttes Councd Lady Eure tnqutred whether there was any provtstonfor Council Members to parttctpate tn thts tour. Mr Wawner advtsed arrangements could be made for a tour by Councd Member Eure, at her convemence, either inchvidually or in a group. The facihty ts completed and occupied The TPC will be open for pubhc play on May 28, 1999, and the grand dedtcatton ceremony ts SCHEDULED for June 8, 1999 Open Houses for the general pubhc will be arranged one week prtor to public play ITEM # 44 762 Council Members Eure and Heischober advised last Frtday, March 19, 1999, was the second meettng of the Task Force for Virginia Beach/Chesapeake re the Southeastern Parkway and Greenbelt. Councd Members Hetschober and Eure are the City Council Ltatsons. The meetings are going very well At the last meettng, the chrectton was for the Chesapeake staff and Virginia Beach staff to meet and formulate the method to accomphsh a studypreferably through the Urban Land lnstttute (ULI), although thts dectston has not been made The meetings last from approximately 3'00 P M to 5. O0 PM Councdman Hetschober ts very encouraged Counctl Lady Eure concurred and advtsed Chesapeake's main effort appears to be upgrachng some of the zomngfrom restdenttal to industrtal. ITEM # 44 763 Councd Members McClanan and Parker serve on the Joint Committee between the Library Board and the City Council to formulate ways to finance some of the necessary projects whtch faded tn the 1998 Referendum. Councd Lady Parker advised the Commtttee met today and a report wtH be forthcomtng to Ctty Councd tn Friday's Agenda Package, March 26, 1999, for their review A presentatton of approxtmately 45- minutes wtll be SCHEDULED for the April 6, 1999, City Councd Sesston. There are very creattve tdeas emergtngfrom this group relattve this issue and Council Lady Parker hopes to see some reduction tn costs. ITEM # 44 764 Councd Lady Eure advised last evening, March 22, 1999, the Minority Business Council met The Counctl wtll be holding a 'half day semtnar through lunch on Thursday, May 2 7, 1999, at the Pavilion. Councd Lady Eure requested support of City Councd and wall forward tnformatton to them March 23, 1999 - 12- CITY COUNCIL COMENTS 3:48 P.M. ITEM # 44 765 Mayor Oberndorf advtsed the Hampton Roads Partnership met tn Hampton and received a presentation relative the Youth to Work program, whtch has been very successful tn Arizona The Partnership ts revtewtng fundtng this program for Hampton and Newport News, whtch would have all their at-rtsk teenagers becomepart of theprogram in order for them to sustain themselves economtcally The roads were discussed which were passed by the MPO at the Planmng Dtstrtct level and the partnershtp has agreed to brtng tn a consultant for the road projects to evaluate them and determine if they are not built, what this will mean economically to a region. Robert Matthias, Assistant to the City Manager, advised there was a Budget Amendment regarding the General Assembly not wanttng funds expended on Light Rail until a Public Referendum is conducted However, the Governor has not signed the budget Therefore, the recommendation will not be known unttl March 29, 1999 Bastcally TRT requested addtttonal funds and the General Assembly gave them $1.9- MILLION, whtch wouM be available next year to bastcaliy complete the EIS to the Naval Base, however, the funds wouM only be released tf the voters tn Vtrgtnta Beach approve a Referendum. The Referendum ts estabhshed for November 1999. The Hampton Roads Partnership unanimously approved the merger of PENTRAN and TRT The Partnershtp did consider concerns of other mumcipahties March 23, 1999 -13- ITEM # 44 766 Mayor Meyera E. Oberndorf called to order the INFORblAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Ctty Councd Conference Room, Cay Hall Building, on Tuesday, March 23, 1999, at 3'55 PM Counctl Members Present. Linwood O. Branch, III, Margaret L Eure, Wilham W. Harrison, Jr, Harold Heischober, Louts R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor Wdliam D Sessoms, Jr. and A. M "Don" Weeks Counctl Members Absent' Barbara M. Henley March 23, 1999 - 14- ITEM # 44767 Mayor Meyera E. Oberndorf entertained a motton to permtt C~ty Councd to conduct ~ts EXECUTIVE SESSION, pursuant to Section 2 1-344, Code of Vtrgmta, as amended, for the followmg purpose PERSONNEL MA TTERS Dtscussion or cons~deratton of or ~ntervtews of prospective candidates for employment, asstgnment, appotntment, promotion, performance, demotton, salartes, &sctphmng, or restgnatton of specific pubhc officers, appotntees, or employees pursuant to Section 2 1-344 (A) (1) To Wit Boards and Commisstons Eroston Commtsston Parks &Recreatton Commtsston PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the conchtton, acqutsttion, or use of real propertyforpubhc purpose, or of the disposttton of pubhcly-held property, or of plans for the future of an tnstttutton whtch could affect the value of property owned or destrable for ownership by such tnstttutton pursuant to Sectton 2 1-344(A)(3) Property Acqutsttton- Southeastern Parkway and Greenbelt Prtncess Anne Dtstrtct LEGAL MATTERS' Consultatton wtth legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable htigatton, or other specific legal matters requesting the provtston of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7) To-Wtt. 16th Street Pump Statton Upon motion by Vice Mayor Sessoms, seconded by Councdman Hetschober, Ctty Council voted to proceed into EXECUTIVE SESSION. Vottng 10-0 Counctl Members Voting Aye Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr, Harold Hetschober, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and A. M "Don" Weeks Counctl Members Vottng Nay. None Council Members Absent. Barbara M. Henley At 5:30 P.M. City Council recessed to the Parks and Recreation Teen Council Candlelight Ceremony for Abused and Neglected Children (Courthouse Drive in front of City Hall) March 23, 1999 - 15- FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL March 23, 1999 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Budding, on Tuesday, March 23, 1999, at 6 O0 P M Council Members Present Ltnwood 0 Branch, III, Margaret L Eure, William W. Harrtson, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr. and A. M "Don" Weeks Counctl Members Absent None INVOCATION' Reverend Rtchard Yates Beachlawn Bapttst Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovta Bank, &sclosed there were no matters on the agenda tn whtch he has a "personal mterest", as defined tn the Act, etther tndivtdually or tn hts capactty as an officer of Wachovta Bank The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's tnterest tn any apphcatton that may come before City Council Vtce Mayor Sessoms' letter of January 4, 1999, ts hereby made a part of the record March 23, 1999 Item VI-E. - 16- CER TIFICA TION OF EXECUTIVE SESSION ITEM # 44 768 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Heischober, Cay Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng requirements by Virgtnta law were dtscussed tn Executtve Sesston to whtch thts certtficatton resolutton apphes, AND, Only such pubhc bustness matters as were identified tn the motton convening the Executtve Session were heard, dtscussed or constdered by Virgtnta Beach City Counctl Vottng. 11-0 Counctl Members Voting Aye Linwood 0 Branch, III, Margaret L. Eure, Wtlham W. Harrison, Jr., Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wtlliam D Sessoms, Jr and A M. "Don" Weeks Counctl Members Voting Nay None Counctl Members Absent. None March 23, 1999 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 44767, Page 14, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, Co) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. l(uth Hodges ~mith, CMC/AAE City Clerk March 23, 1999 -17- Item VI-F. 1 MINUTES ITEM # 44 769 Upon motton by Counctl Lady Parker, seconded by Councd Lady Henley, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of March 9, 1999. Voting' 10-0 Councd Members Voting Aye' Linwood O. Branch, III, Margaret L. Eure, Wdliam W Harrison, Jr, Harold Heischober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker and A. M "Don" Weeks Council Members Vottng Nay: None Counctl Members Abstaimng Vice Mayor William D Sessoms, Jr Counctl Members Absent None V~ce Mayor Sessoms ABSTAINED as he was not tn attendance during the City Councd Session of March 9, 1999 March 23, 1999 Item VI-G.I. - 18- ADOPT AGENDA FOR FORMAL SESSION ITEM # 44 770 BY CONSENSUS, Cay Councd ADOPTED: AGENDA FOR THE FORMAL SESSION March 23, 1999 Item VI-G.2 - 19- ANNOUNCEMENT ITEM # 44 771 Mayor Oberndorf recogmzed the followtng Boy Scouts tn attendance to earn thetr merit badges TROOP 587 All Saints Episcopal Church Merit Badge Counselor Bobby Melatti Blaik Crittendon Michael Wheeler March 23, 1999 Item VI-H. 1. - 20 - PRESENTATION ITEM # 44772 Mayor Oberndorf PROCLAIMED: March 23, 1999 Princess Anne High School Boys Basketball TeamDay The Princess Anne Cavaliers Boys Basketball Team, by hard work, determination and disciphne, achteved their season-long goal of wtnntng the AAA Champtonship. Coach Gary R Cason, Beach District Coach of the Year, and Assistant Coaches Eddte Basntght and Claude Cohens deserve much credtt for leadtng the team to thts achievement. Prtnctpal Patrtcia Griffin also has been a great leader and supporter of the Team. Mayor Oberndorf recogntzed the Cavaliers: Ray Braxton Derrick Gatlin Cedric Humes Barry Jenkins Sudan Ellington Wilson Montalvo Kai Parham C. J. Fayton Daryl Towe David York Charles Settle Coach Cason ACCEPTED the Proclamatton with appreciatton and pride. March 23, 1999 · oUR Hk~ g4/hemas: On Saturday, fl4arch 13, the (Pffncess ~nne Cavahers won the Carou~.~ Rasf~et6af£titfe, their first everState Rasffft6aff Championsh~?; and gqhereas: Cava£iers q~yan Rra~on, (Derdcf~at£in, Cedric 2fianes, Rarry yenf,!ns, Sud'att ~E££ington, 'Wilson 9VIonta£vo, 7(;ti ~arham, C..7. qVayton, ~ary£Cfowe, ®awd ff'orf~andCharfes Settle gave their a£f to achieve a regular season recordof l 6 wins andl £oss anda finaf recordof 26 wins and3 fosses; and g4/hereas: Coach ~ary ~ Cason, Reach CDistrict Coach of the fi'ear, and ~ss~stant Coaches ~Eddie Rasnight anaC CfauaCe Cohens deserve much cre~t for fea~ng the team to this achievement; and q42hereas: YTardworf~ determination anddiscipfijne characterize this team. ~racticing orpfaying s~days a weef~ the goys gas~etgaff team achievedtheirseason-fontl goaf of winning the.g.g~ Championship; and g4/hereas: qbe ~rincess.,~nne Cava£iers a£ways evchi~it goodsportsmanshtp, teamworf~ andgreat schoof spirit, q-hey are indeed the pride of`virginia Reach. Now, q~erefore, L yffeyera ~. O6emdoqC,, 9ffayor of the City of`virginia Reac£ `v~rgima, do heregy cProcfaim: ~arch 23, 1999 qrincess ~nne ~lTigh Sclioo£ $oys $asfLetSa££ ~eam ~ay In 'Virginia Reach, andencourage a£f citizens to congratulate them on the~r great success. In 'Witness 'Whereof, I have hereunto set my handandcaused the Officia£feaf of the C~ty of 'Virginia Reach, 'Virginia, to ~e affi~ced this q~wenty-third day of march, 5Vineteen 2f u ndred a nc[ Ninet y-Nine. 9Vteyera ~E. O6emdorf Mayor Item VI-L/& - 21 - RES OL UTIONS/ORDINANCES ITEM # 44 773 Upon motton by Vtce Mayor Sessoms, seconded by CouncdmanJones, Ctty CounctlAPPROVED IN ONE MOTION, Resolutions 1, 2 and $ and Ordtnances 1, 2, 4 and 5a/b Vottng 11-0 Counctl Members Voting Aye Ltnwood O. Branch, II[, Margaret L Eure, Wilham W Harrison, Jr. Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vtce Mayor Wdham D Sessoms, Jr and A M "Don" Weeks Council Members Vottng Nay None Councd Members Absent. None March 23, 1999 Item VI-I. 1. RESOLUTIONS - 22 - ITEM # 44773 Upon motton by Vice Mayor Sessoms, seconded by Councilman Jones, Cay Councd ADOPTED: Resolutton of support to the Vtrgtma Department of Conservation and Recreaaon and the Federal Htghway Admtntstratton for the Cape Henry Trail Reconstruction project as a proposed recreational trail rehabthtatton project (L YNNHA VEN - DISTRICT 5 Voting 11-0 (By ConsenO Council Members Vottng Aye Ltnwood O. Branch, IIL Margaret L Eure, Wilham W. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and A M "Don" Weeks Councd Members Voting Nay: None Council Members Absent' None March 23, 1999 A RESOLUTION OF SUPPORT TO THE VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION FOR THE CAPE HENRY TRAIL RECONSTRUCTION PROJECT WHEREAS, the Virginia Department of Conservation and Recreation has announced the availability of funding for qualified projects to all Virginia localities through the Virginia Recreational Trails Fund Program that ~s funded through the Transportation Equity Act for the 21st Century (TEA-21) that is administered nationally by the Federal Highway Administration; and 10 WHEREAS, the C~ty Council has been advised that projects funded by this program 11 require a local match, either in-kind or cash, of twenty percent (20%); and 12 WHEREAS, the Department of Parks and Recreation will fund th~s twenty percent 13 (20%)local match through the Department of Parks and Recreation Capital Improvement 14 Program; and !5 WHEREAS, the Virginia Department of Conservation and Recreation and the 16 Federal Highway Administration require a resolution of support from the City Council for 17 the Cape Henry Trail Reconstruction Project before they will approve funding for the ]8 project; and 19 WHEREAS, the residents of the Cape Story By The Sea community, the area of the 20 City where the Cape Henry Trail is located, have been briefed by Department of Parks and 2] Recreation staff during a civic league meehng and have ~ndicated their support for the 22 proposed Cape Henry Trail Reconstruction Project; and 23 WHEREAS, the C~ty Council recognizes the importance of recreational multi use 24 trads throughout the community; 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 That the Councd hereby endorses to the Virginia Department of Conservahon and 28 Recreation and the Federal Highway Administration, the Cape Henry Trail Reconstruction 29 Project as a proposed recreational tra~l rehab~l~tahon project. 30 ADOPTED by the Council of the City of V~rginia Beach, V~rgin~a, this 23 day of_ 3 ] Marc,h 1999. 32 33 34 35 CA-7294 WMM/ORDRES/capehenry.res R-1 Prepared: March 12, 1999 36 37 38 39 APPROVED AS TO CONTENT Acting D~rector of X~rks and Recreation 40 41 42 APPROVED AS TO LEGAL SUFFICIENCY: Law Department CITY OF VIRGINIA BEACH CAPE HENRY TRAIL RECONSTRUCTION PROJECT PROJECT SUMMARY Project Location: The Cape Henry Trail is an existing asphalt trail that runs from North Great Neck Road east approximately 3,600 feet to Kendall Street (entrance to F~rst Landing/Seashore State Park) through the Cape Story By The Sea community in the Lynnhaven District of the City. Project Scope: The scope of this project is as follows: Reconstruct the trail and widen the trail to 10 feet to meet the national design standards for multi use trails recommended by the American Association of State Highway and Transportation Officials (AASHTO); Replace and relocate all trail signs to meet AASHTO standards; Re-stripe all crosswalks where the trail crosses a c~ty street to meet AASHTO standards; and trim all tree limbs and shrubbery that pose a safety nsk to trail users, especially at all areas where the trail crosses a city street Total Project Design and Construction Costs: Approximately $ 250,000 - $ 300,000 Project Funding: Funding for the design and construction of this project will come from the following sources: 80% funding from a grant through the Virginia Recreational Trails Fund Program administered on the state level by the V~rginia Department of Conservation and Recreation, Division of Planning and Recreation Resources. This grant is funded nationally through the Transportabon Equity Act For The 21 st Century (TEA-21) that is administered by the Federal Highway Administration (This funding is subject to grant approval). 20% funding from the Department of Parks and Recreation, Capital Improvement Program, Account #4-967 (Virginia Beach Outdoor Plan/Trails). Project Priority: This project is the only grant application that will be submitted to the Virginia Department of Conservation and Recreation this year and is Priority #1. Public Meetings: Department of Parks and Recreation staff briefed the residents of the Cape Story By The Sea community during a c~v~c league meeting the evening of March 8th. See attached letter from c~vic league President Todd Solomon supporting this project. Project Schedule: This project is being coordinated with a Department of Public Works, Storm Water Management Program drainage project to renovate the drainage ditches that run parallel to the asphalt trail. The drainage project is currently scheduled to start in the fall of 2000. The trail reconstruction project will start immediately after the drainage project is completed. Project Impact: For the safety of the public, it will be necessary to close the trail to the public until both the drainage project and tra~l reconstruction project are completed. March 9, 1999 Mr. Doug Cherry City of Virginia Beach Department of Parks and Recreation Mtmieipal Center, Bldg//21 Virginia Beach, Virginia 23,156 Dear Doug: On behalf of the residents of the Cape Story By The Sea community, I want to thank you for coming to our civic league meeting last night to discuss the Cape Henry Trail Renovation Project that the Depa~nent of Parks and Recreation is working on with the Department of Public Works.The residents of Cape Story By The Sea fully endorse this project and understand that the t,'u'get date to start construction is the fall of 2000 and the target date to complete construction is spring 2001. We also understand that since there is no current fimding for trail construction in the FY 1999-00 City operating budget due to other higher project priorities, the Cape Henry Trail renovation project is subject to the Department of Parka and K~rcation rcceivin§ a grant fi-om tl~e Virginia Department of Conservation and Recreation fl~a~ will pay for 80% of the total design and construction cost of the trail project. Based on our discussion last night, it is our understanding that the scope o~' th~ Cape Henry Trail Renovation Project will be as follow~: * Remove all existing base material and asphalt of the existing 8-9 foot wide trail * Survey and stake the route of a new 10 foot wide asphalt trail * Construct a new 10 foot wide asphalt trail * Trim or remove all tree branches and shrubbery along entire length of trail that pose a safety hazard to trail users * At the 7 locatmns where the trail crosses a city street, trim or remove all trees and shrubbery that pose a safety hazard by blocking the line of sight of the trml by automoble drtvers and by blocking the line of sight o£ approaclnng automobiles by trml users * Replace and relocate trail signs to comply with national AASHTO standards * '1 o ensure th~ continued safety of all trail user~, cros~ :~trip¢ th~ 7 cro:~walk:~ wh~r¢ the trail crosses a city $trcct Due to the extensive construction work that will be required to accomplish this trail renovation project, the residents ot~th~ Cape Story By The Sea conununity understand that to ensure the public's safety, it will probably be necessary for the construction contxactor to close the trail to the public during the construction process. If there is anything that the residents of the Cape Story By The Sca community can do to assist the Department of Parks and Recreation with this project, please do not hesitate to ask. Sincerely, Todd Solomon, President Cape Story By The Sea Civic League Item VI-I.2. RESOLUTIONS - 23 - ITEM # 44774 Upon motion by Vice Mayor Sessoms, seconded by Counctlman Jones, City Councd ADOPTED: Resoluttons to request the Vtrgtnia Department of Transportation (VDOT) ACCEPT urban maintenance payments for a. Addittonal streets b Correcttons to the revtsed Road Inventory Vottng 11-0 (By ConsenO Councd Members Voting Aye Linwood 0 Branch, III, Margaret £ Eure, William W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D. Sessoms, Jr and ~4 M "Don" Weeks Councd Members Vottng Nay None Counctl Members Absent. None March 23, 1999 A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT ADDITIONAL STREETS FOR URBAN MAINTENANCE PAYMENTS WHEREAS, the Virginia Department of Transportation requires a Council resolution prior to accepting additional streets for urban maintenance payments; WHEREAS, the streets listed on Exhibit A (attached) have been constructed in accordance with standards established by the Virginia Department of Transportation; WHEREAS, the City of Virginia Beach has accepted and agreed to maintain these streets; and WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these streets. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby requests the Virginia Department of Transportation to accept the streets listed on Exhibit A which is attached hereto and incorporated by reference, and to begin paying urban maintenance payments to the City of Virginia Beach based on the established rate. 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the March day of ,1999. Approved as to Content: Public ~orks Approved as to Legal Sufficiency C~y Atto~-ey A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT CORRECTIONS TO THE REVISED ROAD INVENTORY FOR URBAN MAINTENANCE PAYMENTS WHEREAS, the Virginia Department of Transportation requires a Council resolution prior to accepting corrections/deletions to the revised road inventory for urban maintenance payments; WHEREAS, City personnel have reviewed the revised road inventory prepared by the Virginia Department of Transportation and have determined that some inaccuracies exist; WHEREAS, corrections to the revised road inventory have been made as shown on Exhibit A (attached); and WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these corrections. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby requests the Virginia Department of Transportation to accept the corrections listed on Exhibit A which is attached hereto and incorporated by reference, and to begin paying urban maintenance payments to the City of Virginia Beach based on the established rate. 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of March , 1999. 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RESOLUTIONS - 24 - ITEM # 44 775 Upon motion by Vtce Mayor Sessoms, seconded by Councdman Jones, Cay Councd ADOPTED: Resolutton re issuance by the Industrial Development Authority of the County of Isle of Wight of revenue bonds tn the amount not to exceed $5,000,000 for CATHOLIC HIGH SCHOOL re financtng and refinancing of athlettc, hbrary and classroom facihttes Vottng. 11-0 (By ConsenO Councd Members Voting Aye Ltnwood 0 Branch, IIL Margaret L Eure, Wdham W. Harrtson, Jr., Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor Wdliam D. Sessoms, Jr and A M "Don" Weeks Councd Members Voting Nay None Counctl Members Absent None March 23, 1999 A RESOLUTION CONCURRING WITH AND APPROVING THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF ISLE OF WIGHT OF ITS REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $5,000,000 FOR CATHOLIC HIGH SCHOOL WHEREAS, the Industrial Development Authority of the County of Isle of Wight (the "Isle of Wight Authority") has considered the request of Catholic High School (the "School") for the issuance by the Authority of its revenue bonds (the "Bonds") in an amount not to exceed $5,000,000 to assist the School in (a) undertaking the financing and refinancing of certain athletic, library and classroom facilities (the "Project") at the School which is located at 4552 Princess Anne Road, Virginia Beach, Virginia 23462 and (b) the financing of the payment of certain costs of issuing the Bonds; and WHEREAS, the Isle of Wight Authority has held a public hearing with respect to the Bonds on February 11, 1999, and has adopted an inducement resolution (the "Isle of Wight Authority Resolution") with respect thereto; and WHEREAS, the City of Virginia Beach Development Authority (the "Development Authority") has held a public hearing with respect to the Bonds on February 16, 1999, and has adopted an approving resolution with respect thereto; and WHEREAS, as the Project ~s located in the C~ty of Virginia Beach and the Development Authority is in existence and has the power to issue bonds for the Project, Section 15.2-4905 of the Code of V~rginia of 1950, as amended (the "Virginia Code"), provides that the City Council for the City of Virginia Beach (the "Council") must concur with the adoption of the Isle of Wight Authority Resolution; and WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), provides that the highest elected governmental officials of the governmental umt having jurisdiction over the area in which any facihty financed with the proceeds of private activity bonds is located shall approve the ~ssuance of such bonds; and WHEREAS, the Project is located in the City of Virginia Beach and the members of the Council constitute the highest elected governmental officials of the City of Virgmta Beach; and WHEREAS, a copy of the Isle of Wight Authority Resolution, the Development Authority's approwng resolution, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds held by the Development Authority and a statement in the form prescribed by Section 15.2-4907 of the V~rgm~a Code have been filed w~th the Council, together w~th the Development Authority's recommendation that the Council concur with the Isle of Wight Authority Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council of the City of Virginia Beach, Virginia, concurs with the adoption of the Isle of Wight Authority Resolution and approves the issuance of the Bonds by the Isle of Wight Authority to the extent required by the Code and Section 15.2-4905 of the Virginia Code. 2. The approval of the issuance of the Bonds, as required by the Code and Section 15.2-4905 of the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the School and the Bonds shall provide that the City of Virginia Beach shall not be obligated to pay the Bonds 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. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ March, 1999. 23 day of A TRUE COPY TESTE: City Clerk #526797 vl - CATHOLIC/CONCURRING AND APPROVING RESOLUTION OF CITY OF VIRGINIA BEACH ViRGiNIA BEACH Development Authority One Columbus Center, State 300 V~rgm~a Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 F Dudley Fulton, Chmr Stephen W. Burke, V~ce-Chatr W. Brantley Basnight III, Secretary David A. King, Jr, AsststantSecretary Kenneth D Barefoot, Treasurer Ehzabeth A "Betsy" Duke Kenneth F. Palmer February 16, 1999 The Honorable Meyera E. Obemdorf, Mayor Members of City Council Municipal Center V~rg~nia Beach, VA 23456 Re~ Cathohc Htgh School Revenue Bonds Dear Mayor Obemdorf and Members of City Council: We submit the following in connection with a project for Catholic High School located at 4552 Princesss Anne Road, Virginia Beach, VA 23462 in Virginia Beach, Virginia. (1) Evidence of publication of the notice of hearing is attached as Exhibit A , and a summary of the statements made at the pubhc hearing is attached as Exhibit It. The City of Virginia Beach Development Authority's (the "Authority") resolution recommending Council's approval is attached as Exhibit C. The Industrial Development Authority of the County of Isle of W~ght resolutmn is attached as Exhibit Cl. (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 V~rginia Beach and its recommendation that City Council approve the modificatmn of the bonds described above is attached as Exhibit E. The Honorable Meyera E. Obemdorf, Mayor Members of City Council Page 2 February 16, 1999 (4) The Fiscal Impact Statement is attached as Exhibit F. (5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying the Project and the principals. (6) Attached as Exhibit H is a letter from the appropriate City department commenting on the Project. Very truly yours, GLF/rab Enclosures ~Ga~~'L. Fentress Of Counsel EXHIBIT A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Virginian-Pilot KAUFMAN & CANOLES SUITE 2000 ONE COMMERCIAL PL NORFOLK, VA 23510 REFERENCE: 00015708 George Conso 218601009 REVENUE BOND State of Virginia City of Norfolk This day, D. Johnson personally appeared before me and after being duly sworn, made oath that: 1) She is affidavit clerk of The Virginian-Pilot, a newspaper published by Landmark Communications Inc , in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, State of Virginia 2) That the advertisement hereto annexed has been published in said newspaper on the date stated PUBLISHED ON: 02/02 02/09 TOTAL COST: 334.88 FILED ON 03/03/99 Legal Affiant- ~-~~- Subscribed and swor to before me in my city aforesaid this ~:t, day of ~'~~ ~] Notary- ~ ~Q~...~\ ~L ~-3~0., NOTICE OF PUBLIC HEARING ON PROPOSED INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING BY THE iNDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF ISLE OF WIGHT FOR CATHOLIC HIGH SCHOOL Not,ce is hereby ~ven that the C~ty of V~rglnla Beach Development Authority (the Authority), whose eddress is One Columbus Center, Suite 300, V~rg~nm Beach, Virginia 23462, will hold a public heannll on the plan of finance of Cathohc HiEh School (the School), a component of the Catholic Diocese of R~chmond, V,rg~ma, whose @nnc~pal place of business is 4552 Pnncess Anne Road, V~rffima Beach, VIrgjma 23462, for the issuance of industrial development revenue bonds by the Industnal Development Authority of the County of Isle of Wli.,ht m an amount not to exceed $5,000,000 to assist the School in f,nancJng or reflnancm$ certmn athlet,c, library and classroom fac, ilties (the ProJect) located at 4552 Pnncess Anne Road, Virginia Beach, V.~lma 23462 The Project w~ll be operated by the School The public heannl[, which may be continued or AD SPACE: 56 LINE and state on the day and year My commission expires October 31, 2000 adjourned, wdl be held at 8 30 a m on February 16, 1999, before the Authority at ,ts ofl~ce The bonds will not pledge the credit or taxing power of the C~ty of V~rg~ma Beach or the Authority, but will be payable solely from payments by the School and other receipts pledged thereto Any person interested ~n the ~ssuance of the bonds may appear and be heard at the pubhc hearing CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY VP February 2 and February 9, 1999 EXHIBIT A NOTICE OF PUBLIC HEARING ON PROPOSED INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF ISLE OF WIGHT FOR CATHOLIC HIGH SCHOOL Notice is hereby given that the City of Virginia Beach Development Authority (the Authority), whose address is One Columbus Center, Suite 300, Virginia Beach, Virginia 23462, will hold a public hearing on the plan of finance of Catholic High School (the School), a component of the Catholic Diocese of Richmond, Virginia, whose principal place of business is 4552 Pnncess Anne Road, Virginia Beach, Virginia 23462, for the issuance of industrial development revenue bonds by the Industrial Development Authority of the County of Isle of W~ght in an amount not to exceed $5,000,000 to assist the School in financing or refinancing certain athlenc, hbrary and classroom facd~tles (the Project) located at 4552 Princess Anne Road, V~rgmia Beach, Virginia 23462. The Project will be operated by the School. The public hearing, which may be continued or adjourned, will be held at 8:30 a.m. on February 16, 1999, before the Authority at its office. The bonds will not pledge the credit or taxing power of the City of Virginia Beach or the Authority, but will be payable solely from payments by the School and other recmpts pledged thereto. Any person ~nterested in the issuance of the bonds may appear and be heard at the pubhc hearing. CITY OF VIRGINIA BEACH DEVE/L~QPMENT AUTHORI~~./~~ff~ffff,c.../,~/~/_//~.q/~. ~ Chai~n ' PUBLISHED IN THE VIRGINIAN PILOT ON FEBRUARY 2, 1999 AND FEBRUARY 9, 1999 #526854 vl - CATHOLIC/NOTICE OF PUBLIC HEARING/THE VIRGINIAN PILOT EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (CATHOLIC HIGH SCHOOL) At 8:30 a.m. on February 16, 1999, the Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Catholic High School, a component of the Catholic Diocese of Richmond, Virginia (the "School"), 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 has been filed with the records of the Authority and, together with an affidavit of publication of such notice, 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 School. Mr. Consolvo described the project as the financing and refinancing of capital projects at the School, including athletic, library and classroom facilities. He explained that the proposed issuance of up to $5,000,000 of revenue bonds (the "Bonds") for the project will provide needed funds for the continued improvement of the School's campus. Mr. Consolvo further added that, since the School's campus is located in the City of Virginia Beach, ~t is necessary that the Authority hold a public hearing and that the issuance of the Bonds by the Industrial Development Authority of the County of Isle of Wight (the "Isle of Wight IDA") be approved by the City Council of the City of Virginia Beach in accordance with both federal and Virg~ma law. Mr. Consolvo noted that the Bonds were being issued by the Isle of Wight IDA in order to quahfy the Bonds as "bank qualified bonds" under Section 265(b) of the Internal Revenue Code Such qualification will result m substantial debt service savings. Mr. Consolvo closed his remarks by noting that the presence of the School in the City of Virginia Beach enhances the educational facilities provided within the City of Virgima Beach and accordingly benefits ~ts citizens and serves a compelling public purpose. No other persons appeared to address the Authority, and the Chairman closed the public hearing. The Authority hereby recommends that the Council of the C~ty of Virginia Beach, Virginia, approve the issuance of the Bonds and hereby transmits the Fiscal Impact Statement with respect to the Bonds to the City Council of the City of Vlrgima Beach and asks that this recommendation be received at its next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. //529861 v I - CATHOLIC/RECORD OF PUBLIC HEARING EXHIBIT RESOLUTION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR CATHOLIC HIGH SCHOOL WHEREAS, there has been described to the City of Virginia Beach Development Authority (the "Authority") the plans of Catholic High School (the "School") whose facilities are located at 4552 Princess Anne Road, Virginia Beach, Virginia 23462, for the issuance by the Industrial Development Authority of the County Isle of Wight (the "Isle of Wight Authority") of its revenue bonds (the "Bonds") in an amount not to exceed $5,000,000 to assist the School in (a) undertaking the financing and refinancing of certain athletic, library and classroom facilities (the "Project") and (b) the financing of the payment of certain costs of issuing the Bonds; and WHEREAS, the Project is now or will be operated by the School and is now or will be located in the City of Virginia Beach; and WHEREAS, a public hearing with respect to the Bonds as required by Virginia law and the Intemal Revenue Code of 1986, as amended (the "Code"), is expected to be held by the Isle of W~ght Authority on February 26, 1999 and the Isle of Wight Authority is expected to adopt a resolution (the "Isle of Wight Authority Resolution") appromng the issuance of the Bonds; and WHEREAS, the School has elected to proceed with a plan of finance pursuant to which the Bonds will be privately placed w~th a bank for its own account and for investment purposes; and WHEREAS, the School in ItS appearance before the Authority has described the debt service cost sawngs relating to the issuance of the Bonds as "qualified tax-exempt obligations" within the meaning of §265(b)(3) of the Code and the other benefits to the City of Virginia Beach to be derived from the ~ssuance of the Bonds; and WHEREAS, ~t is unlikely that the Authority will be able to issue "qualified tax-exempt obligations" in calendar year 1999; and WHEREAS, a pubhc hearing with respect to the Bonds as required by Virglma law and the Internal Revenue Code of 1986, as amended, has been held at this meeting. BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It IS hereby found and detenmned that the issuance of the Bonds will promote education in the City of Virginia Beach, benefit its inhabitants and promote their safety, health, welfare, convenience and prosperity. 2. To assist the School to issue the Bonds, the Authority hereby recommends that the City Council of the City of Virginia Beach (the "Council") concur with the Isle of Wight Authority Resolution approving the Bonds, the form of which is attached hereto as Appendix 1 has been presented at this meeting, as required by § 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 § 15.2-4907 of the Virginia Code, a reasonably detailed summary of the comments expressed at the public hearing held at this meeting pursuant to § 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 Bonds to the extent permitted by law or from funds of the School 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 th~s resolution and in furtherance of the issuance and sale of the Bonds are hereby approved and confirmed. 5. This resolution shall take effect immediately upon ~ts adoption. The undersigned hereby certifies that the above resolution was duly adopted by the commissioners of the City of V~rginia Beach Development Authority at a meeting duly called and on th ate ereof. held on February 16, 1999, and that such resolution ~s in full force and effect ~ thg~tate here Dated: ~-~-\L~ C&O\ ' t Secretary, ~nla~ ~ bevelopme~t Authority ~'1 ~ ~~~ #526800 v I - CATHOLIC/RESOLUTION OF CITY OF VB AUTHORITY EXHIBIT C1 RESOLUTION APPROVING ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR CATHOLIC HIGH SCHOOL WHEREAS, there have been described to the Industrial Development Authority of the County of Isle of Wight (the "Authority") the plans of Catholic High School (the "School"), to finance and refinance certain athletic, library and classroom facilities (the "Project") located at 4552 Princess Anne Road, Virginia Beach, Virginia 23462. WHEREAS, the Project will be operated by the School and the Authority has held a public heating on February 26, 1999, with respect to the Project and the issuance of bonds with respect thereto (the "Bonds") as required by Virginia law and the Internal Revenue Code of 1986, as amended (the "Code"); WHEREAS, the Code provides that the highest elected govemmental officials of the governmental units having jurisdiction over the issuer of private activity bonds shall approve the issuance of such bonds; WHEREAS, the Authority issues its bonds on behalf of the County of Isle of Wight, Virginia (the "County"), and the members of the Board of Supervisors of the County of Isle of Wight (the "Board") constitute the highest elected governmental officials of the County; WHEREAS, Section 15.2-4906 of the Code of Virginia of 1950, as amended, provides that the Board shall within sixty (60) calendar days from the public hearing with respect to industrial development revenue bonds either approve or disapprove the issuance of such bonds; WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds and a statement in the form prescribed by Section 15.2-4907 of the Code of Virginia of 1950, as amended have been filed with the Board, together with the Authority's recommendation that the Board approve the issuance of the Bonds; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia: 1. The recitals made in the first preamble to this Resolution are hereby adopted as a part of this Resolution. 2. The Board of Supervisors of the County of Isle of Wight, Virginia, approves the issuance of the Bonds by the Authority to assist in the plan of finance describe herein for the benefit of the School to the extent required by the Code and Section 15.2-4906 of the Code of Virginia of ! 950, as amended (the "Virginia Code"). 3. The approval of the issuance of the Bonds, 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 Bonds of the creditworthiness of the Project or the School, and, as required by Section 15.2-4909 of the Virginia of the Virginia Code, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the County nor the Authority shall be pledged thereto. e adoption. This Resolution shall take effect immediately upon its Adopted this 4th day of March, 1999 ~ _/~ ~ I ~,~ , .~L[.~~~......--~-~ O.A. Spade, Chairn~~- Wt. boa--g~ -~skey, C[~ · nty Attorney EXHIBIT D DISCLOSURE STATEMENT Date: February 16, 1999 Applicant's Name(s): Catholic High School 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 the County of Isle of Wight The following is to be completed by or for the Applicant: 1. If the applicant is a CORPORATION, hst all the officers of the Corporation: See attached schedule. , If the 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, hst all the officers of the Corporation: N/A , If the Owner IS a PARTNERSHIP, FIRM or other Umncorporated Organization, hst all members or partners in the organization: N/A #529858 vl - CATHOLIC/DISCLOSURE STATEMENT CATHOLIC HIGH SCI-t/OO~ Donald F. Price, Chmrman, Finance Committee Chairman Principal Assistant Principals Betty Edwards William L. Pitt Dennis Price and Susan Skoczynski BOARD OF TRUSTEES Wyatt Andrews Diana Barnett Diane Bialkowski John J. Blandin Mary Louis Campbell Paul K. Campsen Deborah M. Dicroce Betty Edwards Thomas Fraim, Sr. Robert Galloway Richard Green Don Jellig William O'Connor Barbara O'Leary Donald F. Price Dennis Price Larry Sabato Anthony Savage William Shepherd, Jr. Susan Skoczynski Martin A. Thomas Wilham H. Thumel, Jr. Nancy Turner W. Lewis Witt //529871 v I - CATHOLIC/SUMMARY SHEET VIRGINIA BEACH Developmen! Authority One Columbus Center, State 300 V~rgmm Beach. VA 23462 (757) 437-6464 FAX (757) 499-9894. F Dudley Fulton. Chatr Stephen W Burke. Vtce-Chatr W Brantley Basmght Iii. Secretary Kenneth D Bareloot, Treasurer Ehzabeth A "Betsy ' Duke Robert F Hagans, Jr Robert G Jones EXHIBIT E INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF ISLE OF WIGHT 1999 REVENUE BONDS (CATHOLIC HIGH SCHOOL) The Authority recommends approval of the captioned financing. The financing will assist in the expansion of educational facilities and opportunities in the City of Virginia Beach. EXHIBIT F FISCAL IMPACT STATEMENT SUBMITTED TO CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Date: February 16, 1999 The undersigned applicant, in order to permit the City of Virginia Beach Development Authority to submit the following information in compliance with Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, states: Name of applicant: Catholic High School Facility: Campus of Catholic High School 1. Maximum amount of financing sought $5,000,000 . Estimated taxable value of facility's real property constructed in the City of Norfolk Exempt , Estimated real property tax per year using present tax rates Exempt , Estimated personal property tax per year using present tax rates Exempt o Estimated merchant's capital tax per year using present tax rates N/A ° Estimated dollar value per year of goods and services that will be purchased locally (in Hampton Roads) $ 463,000 . Estimated number of regular employees on year round bas~s 46 8. Average annual salary per employee $ 30,967 CATHO~IC HIGH SCHO~ By: - . ~. ~ ( - /J.,._,.~ Chai~an, Finance Co~lRee #529855 v I - CATHOLIC/FISCAL IMPACE STATEMENT CITY OF VIRGINIA BEACH DEVELOP!glENT AUTHORITSC/t~' "bT ~ / -Chairn~an/J .... EXHIBIT G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY CONCURRENCE WITH INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF ISLE OF WIGHT REVENUE BOND o , Se o PROJECT NAME: LOCATION: DESCRIPTION OF PROJECT: AMOUNT OF BOND ISSUE: PRINCIPALS: ZONING CLASSIFICATION: ae Present zomng classification of the Property b. Is rezomng proposed: Yes No X Catholic High School 4552 Princess Anne Road V~rg~nia Beach, Virginia Educational facilities $5,000,000 See attached list of officers and trustees c. If so, to what zomng classification? N/A OFFICERS Chairman Principal Assistant Principals Betty Edwards William L. Pitt Dennis Price and Susan Skoczynski BOARD OF TRUSTEES Wyatt Andrews Diana Barnett Diane Bialkowski John J. Blandln Mary Louis Campbell Paul K. Campsen Deborah M. Dicroce Betty Edwards Thomas Fraim, Sr. Robert Galloway Richard Green Don Jellig William O'Connor Barbara O'Leary Donald F. Price Dennis Price Larry Sabato Anthony Savage William Shepherd, Jr. Susan Skoczynskl Martin A. Thomas William H. Thumel, Jr. Nancy Turner W. Lewis Wltt #52987 ! v I - CATHOLIC/SUMMARY SHEET VIRGINIA BEACH Department of Economic Development One Columbus Center, Suite 300 V~rginia Beach, VA 23462 (757) 499-4567 FAX (757) 499-9894 February 15, 1999 Mr. F. Dudley Fulton Chairman Virginia Beach Development Authority One Columbus Center, Suite 300 Virginia Beach, VA 23462 Dear Dudley: It is the finding of the Department of Economic Development that the improvements proposed for Catholic High School located at 4552 Princess Anne Road in Virginia Beach consisting of athletic fields, libraries, and classroom improvements will benefit the citizens of Virginia Beach by providing additional educational facilities, and thereby meeting the public purpose test. I will be happy to answer any questions you may have after our meeting of February 16th. Sincerely, Mark R. Wawner Project Development Manager MRW:IIs Item VI-J. 1. - 25 - ORDINANCES ITEM # 44776 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Jones, Ctty Counctl ADOPTED: Ordtnance to TRANSFER $56, O00 from wtthtn the Tourtsm and Growth Investment Fund (TGIF-Conttngencies) to the FY 1998-1999 Operattng Budget of the Department of Conventton and Vtsttor Development re matchtng funds for the constructton of the "VIRGINIA LEGENDS WALK". Vottng 11-0 (By ConsenO Counctl Members Voting Aye: Ltnwood O. Branch, III, Margaret L. Eure, Wtlltam W. Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlliam D Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay None Counctl Members Absent None March 23, 1999 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $56,000 WITHIN THE TOURISM AND GROWTH INVESTMENT FUND FROM THE TOURISM AND GROWTH INVESTMENT FUND RESERVE FOR CONTINGENCIES TO THE FY 1998-99 OPERATING BUDGET OF THE DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT FOR THE PURPOSE OF PROVIDING MATCHING FUNDS FOR THE CONSTRUCTION OF "VIRGINIA LEGENDS WALK" 10 WHEREAS, "Virginia Legends Walk," to be located in the 11 13th Street Park between Atlantic Avenue and Pacific Avenue, will 12 honor Virginians, by birth or residence, who have made a 13 significant contribution to the nation and the world; 14 WHEREAS, construction of this project will be funded 15 through a combination of in-kind services and a cash sponsorship 16 totaling $49,000, and City funds in the amount of $56,000; 17 WHEREAS, BeachEvents has agreed to coordinate 18 construction and implementation of the project at no additional 19 cost to the City; and 20 WHEREAS, there is sufficient funding in the Tourism and 21 Growth Investment Fund Reserve for Contingencies to provide the 22 $56,000 City match. 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 That funds in the amount of $56,000 are hereby 26 transferred within the Tourism and Growth Investment Fund ("TGIF") 27 from the TGIF Reserve for Contingencies to the FY 1998-99 Operating 28 Budget of the Department of Convention and Visitor Development for 29 the purpose of providing matching funds for the construction of 30 "Virginia Legends Walk". 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia, on the 23rd day of March, 1999. 33 34 35 36 CA-7300 ORDIN~NONCODE~LEGANDSWALKPARK.ORD Ri MARCH 17, 1999 37 38 Approved as to Content: Management Se~d%s Approved as to Legal Sufficiency: C~y Attorney's Office REEE,A E March 9, 1999 FOR IMMEDIATE RELEASE: CONTACT: Bobby Melatti 757.463.1940 Sean Brickell, APR 757.463.4500 VIRGINIA LEGENDS WALK Fact Sheet SUHHARY: LOCATION: NOMINEES: ENTRIES: Virginia Legends Walk will honor Virginians, by birth or residence, who have made significant contributions to the nation and the world. The initial year, 24 Virginia Legends will be inducted. Virginia Legends Walk will occupy the 13'h Street Park between Atlantic Avenue and Pacific Avenue in the resort area of Virginia Beach. The environment is fully contained and landscaped. Future expansion of Virginia Legends Walk will cross Atlantic Avenue to the Boardwalk. All nominees must meet these criteria: a. The candidate was born in Virginia b. If the candidate was not born in Virginia, the achievement for which he or she is notable occurred while residing in Virginia. c. The candidate's accomplishment must have been of national or global importance. Anyone may make nominations to Virginia Legends Walk in the following ways: a. Online at va-legends.com b. Via email to enter@va-legends.corn c. Directly at Sprint PCS stores in Hampton Roads and Richmond, including Radio Shack, Office Max, and Ritz Camera locations. d. By mail to Virginia Legends Walk, c/o Sprint PCS, 2901 S. Lynnhaven Rd. Ste. 100, Virginia Beach, VA 23452. Bnckell & Partners Pubhc Relaaons . Reflecuons III, State 121, V~rgmm Beach, VA 23452. 757 463 4500, fax 757 498 5948, mfo@bnckellpr com Partner m The Worldcora Pubhc Relations Group SELECTIONS: Ballots will be received by a statewide selection committee of approximately 625 people, consisting of heads of historical societies and museums, heads of public and college libraries, TV news directors and newspaper managing editors, and college presidents. The fifth grade in Virginia Beach Public Schools will have a collective vote. EXCLUSIVE SPONSOR: Contributing $25,000 cash and many additional in-kind services to be announced, Sprint PCS, the largest 100 percent digital, 100 percent PCS nationwide wireless network, introducing operations in Hampton Roads and Richmond in March, 1999. MANAGEMENT: Donating management services, Beach Events, Virginia Beach's special events contractor. DESIGN: Donating design services, Langley and McDonald, P.C., Virginia Beach. CONSTRUCTION: Donating general contracting and contractor supervisory services, McKenzie Construction Co., Virginia Beach. HATERIALS: At-cost specialty construction materials, Admiral Sign Works, Virginia Beach. PUBLIC RELATIONS: Brickell & Partners Public Relations, Virginia Beach. NEWI REEEASE Leoe s Bmckell & Partners Pubht Rehmon~ ·Reflecttons III, Sutte 121, Vtrgtnta Beach, VA 23452 · 757 463 4500, fax 757 498 5948, mlo@bnckellpr corn Partner m The Worldcom Pubhc Relatton~ Group At ~3tb Street Park Virginia Beach ~Spriot. Sprint PCS' ~ou5 S~rs Langley and McDonald, P.C, Engineers - Surveyors - Planners Landscape Architects - Enwronmental Consultant.,, Pacific Avenue Leaenas At ~3t~ Street Par~ Vir~i.ia Beac~ ~rSprillt. Sprint PCS' ~o~ S~rs Atlantic Avenue site Langley and McDonald, P.C. Engineers - Surveyors - Planners Landscape Architects - Enwronmental Consultants Pacific Avenue At x3t~ Street Park VirOiuia Beac~ ~$priot. Sprint PCS' ~ S~r~ Atlantic Avenue sit ?fan Langley and McDonald, P.C. Engineers - Surveyors - Planners Landscape Architects - Environmental Consultants At ::~t~ Street ?~r~ Vi~,~i~4i~ ~$p~t. Sprint PCS' Langley and McDonald, RC. Engineer~ - Surveyom- Planner~ Lan__,~___pe Architects - Environmental Consultants Item VI-J.2. - 26- ORDINANCES ITEM # 44 777 Upon motion by Vice Mayor Sessoms, seconded by Councdman Jones, Ctty Counctl ADOPTED: Ordinance to award a lease for a portton of ctty-owned property at 701 Chantry Drive to VIRGINIA METRONET, INC., d/b/a Alltel re construction, matntenance and operattng wireless telecommunications facilities (ROSE HALL - DISTRICT 3) Vottng. 11-0 (By Consent) Council Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wilham W Harrison, Jr, HaroM Hetschober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wilham D. Sessoms, Jr and A M "Don" Weeks Councd Members Vottng Nay None Councd Members Absent' None March 23, 1999 AN ORDINANCE TO AWARD A LEASE OF A PORTION OF THE CITY PROPERTY LOCATED AT 701 CHANTRY DRIVE, IN THE ROSE HALL DISTRICT, TO VIRGINIA METRONET, INC., D/B/A ALLTEL, FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES WHEREAS, the Clerk has laid before the City Council, at 10 its first regular session held after the completion of the 11 publication thereof, an ordinance adopted February 2, 1999, 12 entitled, "AN ORDINANCE TO PROVIDE FOR THE LEASE OF A PORTION OF 13 THE CITY PROPERTY LOCATED AT 701 CHANTRY DRIVE, IN THE ROSE HALL 14 DI STRICT, FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND 15 OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES," together with a 16 certificate of due publication of the same once per week for four 17 successive weeks in a newspaper of general circulation in the City, 18 in the manner prescribed by law; and 19 WHEREAS, Virginia Metronet, Inc., d/b/a ALLTEL, has 20 submitted the highest bid for the award of such lease, which bid 21 was delivered to the Mayor in open session on the day and hour 22 named in the advertisement and was read aloud; and 23 WHEREAS, the Mayor then and there inquired for any 24 further bids, and none were submitted; and 25 WHEREAS, in the opinion of the City Council, it is 26 expedient and in the best interests of the City that the said lease 27 should be gra~nted to Virginia Metronet, Inc., d/b/a ALLTEL; 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 1. That the bid of Virginia Metronet, Inc., d/b/a 31 ALLTEL be, and hereby is, accepted, and that the aforesaid lease 32 be, and hereby is, awarded to Virginia Metronet, Inc., d/b/a 33 ALLTEL, upon the conditions set forth in such lease. 34 2. That the name of Virginia Metronet, Inc., d/b/a 35 ALLTEL shall be inserted in the aforesaid lease, and that the City 36 37 38 39 Manager shall execute, on behalf of the City, that certain lease entitled, "Antenna Lease Agreement (Rosemont Water Tower), City of Virginia Beach, Lessor, and Virginia Metronet, Inc., d/b/a ALLTEL Lessee" and dated March 23, 1999, a copy of which is on file in the 40 City Clerk's Office. 41 42 Adopted by the Council of the City of Virginia Beach, 23 March Virginia, on the day of , 1999. 43 44 45 46 47 48 49 50 51 52 CA-99-7258 wmmkordres\ rosemont 1 ease. ord R-1 March 11, 1999 APPROVED A~O CONTENT: Public Utilitie:De~artment APPROVED AS TO LEGAL SUFFICIENCY: LaW Department 53 COMMUNICATION TOWER LEASE AGREEMENT ROSEMONT WATER TANK (701 CHANTRY DRIVE) SUMMARY OF TERMS Location: 701 Chantry Drive, Rose Hall District Lessor: City of Virginia Beach Lessee: Virginia Metronet, Inc., d/b/a ALLTEL Ten (10) years with Lessee having option to renew for 2 add'l five (5) year periods Rent: $62,400 (first year) plus 50% of rents from lessee's sublease of additional space on tank. Additional rent in the amount of $2,500 for each additional antenna added later Escalator: Yearly increase equal to rise in CPI, with maximum of 7% Other: Lessee to pay all additional costs to maintain water tower and other leased areas caused by Lessee's use Leased space is for four antenna arrays (2 each ~ 135' and 115' height). Lessee to use one for its own antetmas and sublease other arrays Lessee required to comply with all terms of conditional use permit (granted 2-99) Lessee reqmred to carry $1,000,000 comprehensive insurance, plus other insurances Lessee required to indemnify City for injuries, etc, caused by Lessee's negligence, etc. Lessee must remove antennas and building and restore premises to original condition w~thin 60 days of expiration or termination of lease Item VI-J.3. -27- ORDINANCES ITEM # 44779 Upon motion by Counctlman Harrison, seconded by Vice Mayor Sessoms, Ctty Councd DENIED: Ordtnance to authorize a temporary encroachment into a portton of the Ctty's rtght-of-way by GREA TNECK BAPTIST CHURCH to construct and matntatn two (2) directional signs at the tntersectton of Great Neck Road~Old Donatton Parkway and Inlynnvtew Road (LYNNHAVEN - DISTRICT 5 Voting 11-0 Council Members Vottng Aye Linwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay' None Counctl Members Absent None March 23, 1999 Item VI-J. 4. - 28 - ORDINANCES ITEM # 44779 Upon motion by Vtce Mayor Sessoms, seconded by Councdman Jones, Ctty Councd APPROVED: CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY Five-Star Limousine, Inc. (Deferred 2/23/99) Freedom Co., Inc. Va Ace Limousine Voting' 11-0 (By ConsenO Council Members Voting Aye Ltnwood O. Branch, III, Margaret L Eure, Wilham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor W~lham D Sessoms, Jr and A M "Don" Weeks Council Members Voting Nay None Council Members Absent None March 23, 1999 Item VI-J. 5. - 29- ORDINANCES ITEM # 44 780 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Jones, Ctty Councd APPROVED: REFUNDS a License- $5,282.03. b Tax - $5,570.48. Vottng' 11-0 (By ConsenO Counctl Members Vottng Aye Linwood 0 Branch, IIL Margaret L Eure, Wtlham W. Harrison, Jr, Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay. None Council Members Absent' None March 23, 1999 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following apphcabons for hcense refunds, upon cert~flcabon of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID AMERICAN GENERAL FINANCE INC APAC VIRGINIA INC BEACH HOME IMPROVEMENT/REPAIR BEACH OPTICAL INC BROGAN ENTERPRISES INC BROOKS TRANSFER & STORAGE CO BUD-LIN ENTERPRISES INC BURTON KAY F CHRISTODOULIAS GEORGE DOUMAR RICHARD H EASTERN RECREATION ENT INC FASHION BUG OF VA BEACH INC FOOD LION INC GENUINE PARTS COMPANY GESSNER KARL M HOFFMAN CIGAR CO INC J B BASNIGHT & SON ELECTRICAL KIGHT DONALD L & ET ALS KIMS PLACE INC KWAI HING CORP LIBERTY ONE LTD MARINERS III INC MARSHA LYNN BLDG CORP MCKENZIE CONSTRUCTION CORP MONARCH BUILDING CORPORATION NORSTAN APPAREL SHOP 1999 02/23/99 300 oo 0 00 300 00 1999 02/23/99 50 oo 0 00 50 00 1999 02/18/99 50 00 0 00 50 oo 1999 02/24/99 50 oo 0 00 50 oo 1999 02/25/99 38 80 0 00 38 80 1999 02~23~99 50 oo 0 00 50 oo 1998 AUDIT 344 65 28 71 373 36 1999 02~22~99 50 00 0 00 50 00 1999 02/18/99 50 19 0 00 50 19 1999 02~22~99 60 00 0 00 60 00 1999 02/18/99 51 00 0 00 51 00 1999 02~22~99 100 00 0 00 100 00 1999 02~23~99 1,012 85 0 00 1,012 85 1999 02~22~99 100 00 0 00 100 00 1995-1996 AUDIT 24 71 5 18 29 89 1999 02~25~99 50 00 0 00 50 00 1999 02/18/99 22 47 0 00 22 47 1999 02/18/99 50 00 0 00 50 00 1999 02~22~99 20 00 0 00 20 00 1996-1998 AUDIT 8 22 0 00 8 22 1995-1997 AUDIT 107 38 17 18 124 56 1999 02/18/99 207 31 0 00 207 31 1999 02~25~99 50 00 0 00 50 00 1999 02/22/99 50 00 0 00 50 00 1999 02/25/99 86 80 0 00 86 80 1999 02~25~99 50 00 0 00 50 00 Th~s ordinance shall be effecbve from date of adopbon. The above abatement(s) totahng C~ty of V~rginia Beach on the Cerbfled h~lllp j~ a~t°J~/t~ Commissioner of the Revenue Approved as to form C~ty Attorney $3,085 45 were approved by the Councd of the 23 March 99 day of ,19 Ruth Hodges SmIth C~ty Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That the following apphcat~ons for hcense refunds, upon cert~flcabon of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID PAINTER TERRY M PARAMOUNT PAINTING INC PARR SCOTT R R & K S ENTERPRISES INC R C LANE INC RAGAZZIS INC REPORTING ACADEMY OF VA LTD S J LYNNHAVEN FOOD SATURN OF VIRGINIA BEACH INC SCOTT CARY W SCHICK CORP SERVITEX INC SOUTHSlDE MUFFLER INC SQUARE YARD INC THE TROTTER RICHARD EARL JR UNITED COMPANIES LENDING CORP VAN AND TA CORPORATION VANCE WILLIAM D VIRGINIA BEACH TOUR GUIDES INCI WATER WITCH INC WOLFORD SANDRA M 1999 02/23/99 10 00 0 00 10 00 1999 02/25/99 50 00 0 00 50 00 1999 02~22~99 9 00 0 00 9 00 1996-1998 AUDIT 57 41 0 00 57 41 1999 02~26~99 50 00 0 00 50 00 1997-1998 AUDIT 10 38 0 23 10 61 1996-1998 AUDIT 147 77 40 62 188 39 1999 02~22~99 50 00 0 00 50 00 1999 02~22~99 150 00 0 00 150 00 1996-1998 AUDIT 59 97 15 87 75 84 1996-1998 AUDIT 198 53 87 75 286 28 1999 02/22/99 50 00 0 00 50 00 1998 AUDIT 887 06 0 00 887 06 1999 02/23/99 50 00 0 00 50 00 1997-1998 AUDIT 10 00 0 83 10 83 1999 02/17/99 50 00 0 00 50 00 1996-1998 AUDIT 10 22 0 00 10 22 1996-1998 AUDIT 42 74 0 00 42 74 1996-1998 AUDIT 42 00 0 00 42 00 1999 02/23/99 100 00 0 00 100 00 1996-1998, AUDIT 16 20 0 00 16 20 Th~s ordinance shall be effective from date of adoption The above abatement(s) totahng C~ty of V~rginia Beach on the ~h~l~p .{""Ke~ I~m""' ~" Commissioner of the Revenue Approved as to form L-"~s~e L Lil~-ey - //~ C~ty Attorney ~ $2,196.58 were approved by the Councd of the 23 day of Ma,'ch ,19 99 Ruth Hodges Smith C~ty Clerk AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That the following applications for tax refunds upon certffication of the Treasurer are hereby approved Tax Type Ticket Exoneration Date NAME ~. Year of Tax Number Number paid Penalty Int. Chambers, Barney ' 1999 Scarborough, Ada Murdene P 1999 Gewet, Francis & Irene 1999 Garrls, Gary B. 1999 White, Bob C. & Margaret C 1999 Pfland, William V Jr. & Mack 1997 Piland, William V. Jr. & Mack 1997 Pfland, William V. Jr. & Mack 1998 R~ganto, LLC 1998 Johnson, Heather J. 1999 Copeland, A C. Jr & O. Copeland 1999 Copeland, A. C. Jr & O. Copeland 1999 Wilson, George H. & Beverly P 1997 Wilson, George H & Beverly P 1997 Wilson, George H. & Beverly P. 1996 Wilson, George H & Beverly P. 1996 Wilson, George H & Beverly P 1998 Wilson, George H. & Beverly P 1998 Buttner, Ryan C & Susan E 1999 RE(1/2) 99-021536-1 12/05/98 RE(1/2) 99-098769-7 12/30/98 RE(I/2) 99-072827-2 12/05/98 RE(l/2) 99-044383-7 11/18/98 RE(I/2) 99-131667-9 11 / 18/98 RE( 1/2) 97-095605-3 12/05/96 RE(2/2) 97-095605-3 06/03/97 RE(I/2) 98-096238-5 12/05/97 RE(2/2) 98-102252-2 05/15/98 RE(1/2) 99-062636-4 12/05/98 RE(l/2) 99-025818-1 11/17/98 RE(l/2) 99-025817-2 11/17/98 RE(l/2) 97-132350-1 11/29/96 RE(2/2) 97-132350-1 06/05/97 RE(I/2) 96-130970-6 12/05/95 RE(2/2) 96-130970-6 05/24/96 RE(l/2) 98-133203-7 12/03/97 RE(2/2) 98-133203-7 05/15/98 RE(l/2) 99-017857-0 09/16/98 Total 35 87 31 93 9 39 38 07 45 75 17.57 17.57 17 57 4427.08 286 80 286 80 265 67 3 66 3 66 3 56 3 56 3 66 3 66 65,6~ TOTAL: $5,570.48 This ordinance shall be effective from date of adoption. The above a~,tement(s) totaling $5,570. were approYed by the Council of thc City of ¥irgml. a Bqa~k.. on the 23 day of marcn, Ruth Hodges Smith C~ty Clerk Joh~r Atkl~so~n, q~efisurer Approved as to form Item VI-K - 30- PUBLIC HEARING ITEM ii 44 781 PLANNING Mayor Meyera E Oberndorf DECLARED a PUBLIC HEARING on PLANNING 1. EDWARD O. "TED" YODER STREET CLOSURE 2. OIL EQUIPMENT PR OPER TIES CONDITIONAL USE PERMIT 3. S.C.P. PROPERTIES, INC. CONDITIONAL USE PERMIT 4. BOYS CLUB OF NORFOLK, INC. CONDITIONAL USE PERMIT 5. DONALD BERGER CONDITIONAL USE PERMIT 6. LONG BA Y DEVEL~9PMENT, LTD. CONDITIONAL USE PERMIT 7. PRINCESS HOUSE, L.L.C. RECONSIDERATION 8. Z-1 COMMERCIAL PROPERTIES, L.L.C. CHANGE OF ZONING 9. BERKSHIRE APARTMENTS, L.L. C. MODIFICATION OF CONDITIONS (approved 7/13/81) 10. CITY OF VIRGINIA BEACH AMEND CZO Sea 1504 and l 514 re elimination of on-site parking. Sec. 1511 and 1521 establishing commercial parking lots and garages. Allowing off site parking. March 23, 1999 Item VI-K PUBLIC HEARING PLANNING - 31 - ITEM # 44 782 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Councd APPROVED tn one motton Items 1, 2, 3, 4, 5 (DEFERRED), 7, 8 (DEFERRED) and 10 of the PLANNING BY CONSENT Item 3 was ADOPTED, BY CONSENT, with additional condition. Item 4 was ADOPTED, BY CONSENT, with additional condition and rendering viewed by City Council Members. Item 5 was DEFERRED, BY CONSENT, until the City Council Session of Apri113, 1999. Item 8 was DEFERRED INDEFINITEL Y, B Y CONSENT. Vottng 11-0 Council Members Vottng Aye. Ltnwood O. Branch, III, Margaret L. Eure, Wdham W Harrtson, Jr, HaroM Hetschober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and A. M "Don" Weeks Council Members Vottng Nay None Counctl Members Absent' None March 23, 1999 - 32 - Item VI-K. 1 PUBLIC HEARING ITEM # 44 783 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Cay Councd APPROVED the Apphcatton of EDWARD O. "TED" YODER for the dtsconttnuance, closure and abandonment of a portton of Holly Road Apphcation of Edward 0 "Ted" Yoder for the dtsconttnuance, closure and abandonment of a portion of Holly Road beginning at the northern boundary of Bay Colony Drtve and runmng tn a northwesterly &rectton a &stance of 284 Ol feet Satdparcel contains 12,405 square feet DISTRICT 6 - BEA CH The following con&ttons shall be requtred The Ctty Attorney's office will make the final determinatton regarding ownershtp of the underlying fee The purchase prtce to be pard to the City shall be determined accordtng to the "Policy Regarding Purchase of Ctty 's Interest tn Streets Pursuant to Street Closures ", approved by City Counctl Coptes of the pohcy are avatlable in the Planntng Department . The apphcant ts required to resub&vide the property and vacate tnternal lot hnes to tncorporate the closed area tnto the adjotntng parcels The plat must be submttted to the Planntng Department and approved for recordatton . The apphcant is required to vertfy that no prtvate utthttes extst withtn the right-of-way proposed for closure Prehminary comments from the uttltty compames in&cate that there are no private utthttes within the rtght-of-way proposed for closure. If prtvate utthttes do extst, easements sattsfactory to the utthty company must be provided . An easement, sattsfactory to Pubhc Works Engtneertng, must be granted over the &inch storm drain located tn a portion of the right-of-way proposed for closure Closure of the right-of-way shall be conttngent upon comphance with the above stated conditions wtthtn one year If condtttons of approval are not met wtthtn the one year timeframe, City Councd actton concerning the street closure will be constdered null and votd If the apphcant sttll destres to have the proposed street closed, a new apphcation must be submttted to the Planntng Department and constdered by the Planntng Commtsston and City Counctl Vottng: 11-0 Council Members Voting Aye Ltnwood O. Branch, III, Margaret L. Eure, Wtlham W. Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vtce Mayor William D Sessoms, Jr and A M "Don" Weeks Councd Members Vottng Nay None Counctl Members Absent. None March 23, 1999 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS HOLLY ROAD AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "PLAT SHOWING 0.2847 AC. PORTION OF HOLLY ROAD TO BE CLOSED BY THE CITY OF VIRGINIA BEACH (M.B. 87, PG. 41) VIRGINIA BEACH, VIRGINIA," DATED JANUARY 5, 1998, PREPARED BY W. P. LARGE, INC., COPY OF WHICH IS ATTACHED HERETO AS "EXHIBIT A" AND MADE A PART HEREOF. WHEREAS, on March 23, 1999, Edward O. Yoder, Michael Yoder, Amanda Yoder, George R.C. McGuire and Mildred McGuire applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before March 23, 2O00; 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 March 23, 2000: All that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as: Beginning at a point in southeastern comer of the intersection of 48th Street and Holly Road, thence S 81 o 00' 21" W 46.81 feet to a point in a western side of Holly Road, thence along the western side of Holly Road S 40° 17' 39" E 343.01 feet to a point in the northern side of Bay Colony Drive, thence along the northern side of Bay Colony Drive N 18° 00' 21" E 39.21 feet to a point, thence N 40° 17' 39" W 310.14 feet to the point of beginning. The portion to be vacated is designated as 12,405.5 square feet of Holly Road. Said parcel of land being a portion of Holly Road, as indicated on that certain plat entitled "Plat showing 0.2847 Ac. Portion of Holly Road to be Closed by the City of Virginia Beach (M.B. 87, Pg. 41), Virginia Beach, Virginia," which said plat is attached hereto as Exhibit "A" and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. GPIN: SECTION II The following conditions must be met on or before March 23, 2000: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from city staff and the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company and/or appropriate city agency must be provided. 4. An easement, satisfactory to Public Works Engineering, must be granted over the 8 inch storm drain located in a portion of the right-of-way proposed for closure. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one year. If the above noted conditions are not fulfilled within one year of this approval, the street closure petition will be considered null and void. If the applicant still desires to have the proposed street closed, a new application must be submitted to the Planning Department and approved again by City Council. SECTION III 1. If the preceding conditions are not fulfilled on or before March 23, 2000, the street closure application will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before March 23, 2000, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and EDWARD O. YODER, MICHAEL YODER, AMANDA YODER, GEORGE R.C. MCGUIRE and MILDRED MCGUIRE as "Grantees." day of Adopted by the Council of the City of Virginia Beach, Virginia, on this 23 March ., ] 999. CA-7276 03/01/99 F \Data~/Y~Forms\DEEDSXSTCLOSLBWORKING\CA7276 ord APPROVED AS TO LEGAL SUFFICIEN~ - ~ Law D~partme~t - 33 - Item VI-K 2. PUBLIC HEARING ITEM # 44 784 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Councd ADOPTED the Ordinance upon application of OIL EQUIPMENT PROPERTIES for a Conchttonal Use Permit ORDINANCE UP ON APPLICA TION OF OIL E Q UIPMENT PR OPER TIES FOR A CONDITIONAL USE PERMIT FOR A SELF-SER VE CAR WASH R03992258 BE IT HE. BY ORDAINED BY THE COUNCIL OF THE CI~ OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Od Eqmpment Propeties for a Con&ttonal Use Permtt for a self-serve car wash wtth of_fice/eqmpment butldtng on Lot 41, East half of Lot 42 and the West half of Lot 40, Bradford Park. Satd parcel ts located at 4912 Rutherford Road and contatns 1 02 acres' (BA YSIDE- DISTRICT 4) The following con&tions shall be requtred . . The Conchtional Use Permtt is approved for a five-bay self-serve car wash and 900 square foot equtpment/office building &te development shall be in accordance wtth the submttted stte plan tttled "Car Wash for Oil Equipment Properties" dated November 16, 1998, and prepared by The Spectra Group. Development shall also be tn accordance wtth the elevattons and color list on file wtth the Planning Department. An 8-foot wooden prtvacy fence ts to be installed between the hmits of the car wash and the extsting office buildtng on Rutherford Road The 8-foot fence shall also be extended down the stde lot hnes 16feet and shall taper from 8feet to 6feet. The landscaptng shown on the submitted site plan ts also to be tnstalled and ts to be located on the southern side of the fence The extsttngfreestandtng stgn located at the southwest portton of the stte is to be removed. The extsttng parktng lot associated wtth the extsttng office butldtng ts to be removed and replaced wtth an asphalt parkmg lot This parktng lot can be tncluded wtth the formal stte plan necessary for the car wash If this parktng area ts not needed, then the gravel is to be removed and the enttre area is to be topsotled and seeded All landscaping shall be installed as required by the &te Plan Ordtnance All tnterior lot lines are to be vacated prior to the release of the approved stte plan. The trailer located to the east of the extsttng office buddtng on Rutherford Road is to be removed Water produced from acttvtttes on thts zoning lot are currently dratntng across a pubhc stdewalk and tnto the City rtght-of-way This ts tn violation of the Ctty Zoning Ordtnance Development of the five bay self-serve car wash shall address this sttuatton and ensure that water produced from the site stays enttrely on-site The stte plan which wtll be required for the development of thts project shall tncorporate thts drainage problem tnto the overall stormwater management plan for the entire site March 23, 1999 Item VI-K 2 PUBLIC HEARING - 34- ITEM # 44 784 (Continued) PLANNING 10 The proposed stormwater facdity shall be screened from Rutherford Road as shown on the site plan submttted to the Planntng Department with the conchttonal use permit apphcatton 11 The facdtty shall close at l O:OO p m mghtly Thts Ordinance shall be effecttve tn accordance wtth Sectton 107 09 of the Zoning Or&nance Adopted by the Counctl of the City of Virgtma Beach, Virgima, on the Twen~-thtrd of March, Ntneteen Hundred and Ntne_ty-Ntne Voting' 11-0 (By ConsenO Council Members Voting Aye Ltnwood 0 Branch, III, Margaret L. Eure, Wtlham W. Harrison, Jr., Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndor~, Nancy K. Parker, Vtce Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Counctl Members Voting Nay: None Councd Members Absent' None March 23, 1999 Item VI-K 3 - 35 - PUBLIC HEARING ITEM # 44 785 PLANNING Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED the Ordinance upon application ofS. C.P. PROPERTIES, INC., for a Conchttonal Use Permtt ORDINANCE UPON APPLICATION OF S C P. PROPERTIES, INC FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES R03992259 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcatton orS C P Properties, Inc. for a Con&ttonal Use Permtt for mini-warehouses on certain property located on the West side of South Lynnhaven Road, 200feet more or less North of Stlina Drtve Said parcel contatnsl. 15 acres (ROSE HALL - DISTR~CT 3). The following con&tions shall be required . . In accordance with Section 23 7 of the City Zomng Ordinance, all outdoor hghts shall be shtelded to direct hght and glare onto the mini-warehouse premises, satd hghttng and glare shall be deflected, shaded, and focused away from all adjotning property Any outdoor hghttngfixtures shall not be erected any higher than fourteen feet The subject site must be developed tn substanaal accordance with the Site Plan and Renderings both entitled "Stte Plan of Lots 11 & 12, Parcel 13, Princess Anne Plaza "prepared by W P Large, and both dated 12-15-98 Hours of operation shall be hmited to seven days a week, 9'00 a.m untd 9 O0 p m The approved project ts for a mira-storage facility. No bustnesses are to be operated from the proposed mint-storage facthty that require any work to be conducted on site 5 No outstde storage shall be permttted . As a component of the requtred Category Vl landscaptng surroun&ng the stte, Leyland Cypress trees must be planted along the entire western property as st adjotns Hospttal Drtve and along the portton of the northern portton of the property whtch adjoms restdenttally tmproved property The rematntng pertmeter landscaptng material shall be of a type outhned as acceptable plant matertal for Category VI landscaping as spectfied in the Landscaptng, Screening & Buffertng Spectficattons and Standards adopted by City Counctl April 18, 1988 The "over-sized red brick" noted on the submttted plan shall not be more than 50% larger than a standard stze brick which measures 7-5/8 x 3-5/8 x 2-1/4 The freestanding sign will be monument style with a brick base and a maximum height of four feet. Landscaping around the sign shall consist of low level shrubs with annuals and/or perennials. March 23, 1999 Item VI-K 3 PUBLIC HEARING PLANNING ~ 36- ITEM # 44785 (Continued) This Ordinance shall be effecttve tn accordance with Section 107 09 of the Zomng Ordtnance Adopted by the Councd of the Ctty of Virgtma Beach, Vtrginia, on the Twen~-thtrd of March, Nineteen Hundred and Ninety-Nine Voting I1-0 (By ConsenO Councd Members Vottng Aye. Linwood O. Branch, III, Margaret L Eure, Wdham W. Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and A. M "Don" Weeks Councd Members Voting Nay None Councd Members Absent: None March 23, 1999 -37- Item VI-K 4. PUBLIC HEARING ITEM # 44 786 PLANNING Upon motion by Vtce Mayor Sessoms, seconded by Councilman Branch, City Councd ADOPTED an Ordtnance upon Apphcation of BOYS CLUB OF NORFOLK, INC., t/a Boys &Gtrls Club of South Hampton Roads for a Conditional Use Permit, wtth Con&tion #3 Revtsed: ORDINANCE UPON APPLICATION OF BOYS CLUB OF NORFOLK, INC., T/A B 0 YS & GIRLS CLUB OF SO UTH HAMP TON ROADS FOR A CONDITIONAL USE PERMIT FOR A BOYS & GIRLS CLUB R03992260 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon application of Boys Club of Norfolk T/A Boys & Girls Club of South Hampton Roads for a Con&tional Use Permit for a boys and girls club at the Northern extremity of Competttor Court Said parcel ts located at 1505 Competitor Court and contains 4 405 acres PRINCESS ANNE - DISTRICT 7 The following conditions shall be required: Development shall be tn accordance wtth the submitted stte plan for "Boy's and Girl's Club of South Hampton Roads ", prepared by Basgter and Assoctates, dated December 8, 1998. Development shall also be tn accordance wtth the color rendering and color/matertal hst dated May 8, 1998 and December 30, 1998, respectively, and on file in the Planning Department 2. All landscaptng shall be provided as requtred by the City Zontng Ordinance and the Stte Plan Ordinance 3 There will be no freestanding identification sign. The formal stte plan to be submttted to the Development Services Center must address the parking deficiency or the apphcant must be able to obtain a vartance to the parking requtrements from the Board of Zomng Appeals. Thts Or&nance shall be effective tn accordance with Section 107 (J) of the Zomng Ordinance Adopted by the Counctl of the City of Virgtma Beach, Virginia, on the Twen~-thtrd qf March, Ntneteen Hundred and Nine~-Nine Vottng 11-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L Eure, William W Harrison, Jr, Harold Heischober, Barbara M Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vtce Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Vottng Nay' None Counctl Members Absent' None March 23, 1999 Item VI-K. 5. - 38- PUBLIC HEARING ITEM # 44 78 7 PLANNING Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Councd DEFERRED UNTIL CITY COUNCIL MEETING ONAPRIL 13, 1999, Ordinance upon apphcatton of DONALD BERGER for a Condtttonal Use Permit ORDINANCE UPON APPLICATION OF DONALD BERGER FOR A CONDITIONAL USE PERMIT FOR INDOOR RECREATION (BILLIARDS) Ordinance upon apphcation of Donald Berger for a Conditional Use Permtt for tndoor recreatton (halliard) on the north stde of Pembroke Boulevard, west of Independence Boulevard Satd parcel ts located at 4616 Pembroke Boulevard and contains 1.35 acres LYNNHA VEN- DISTRICT 5. Voting 11-0 (By Consent) Councd Members Vottng Aye: Linwood O. Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Harold Heischober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vtce Mayor Wdham D Sessoms, Jr. and A M. "Don" Weeks Councd Members Voting Nay. None Councd Members Absent: None March 23, 1999 Item VI-K. 6. - 39- PUBLIC HEARING ITEM # 44 788 PLANNING The following spoke tn SUPPORT of the apphcatton. Attorney R. J. Nutter, 4425 Corporation Lane, Phone 517-3200, represented the applicant James R Campbell Prestdent- Great Neck Councd of Ctvic Leagues and Inlynnvtew Ctvtc League K J McGtnnts, 2480 Shtps Wttch Court, Phone. 413-4139 Btll Schelling, 2224 Elder Road, represented the Lynnhaven Colony Ctvtc League, Phone 363-9488 withdrew objecttons stated tn letter Peter Ntxon, President- Chesapeake Waterman's Assoctatton, 605 16tn Street, Phone 422-4935 Upon motton by Councilman Harrison, seconded by Vice Mayor Sessoms, City Counctl ADOPTED, the Ordinance upon application of LONG BAY DEVELOPMENT LTD., for a Con&ttonal Use Permtt. ORDINANCE UPON APPLICATION OF LONG BAY DEVELOPMENT LTD. FOR A CONDITIONAL USE PERMIT FOR MARINA IMPROVEMENTS R03992261 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of Long Bay Development, Ltd for a Con&ttonal Use Permit for a marina (improvements) at the southwest intersection of Great Neck Road West and Buccaneer Road Said parcel contains 7 3 acres more or less DISTRICT 5 - L YNNHA VEN. The followtng conditions shall be required The proJect wtll be developed tn substanttal accordance wtth the site plan submttted to Planmng Department and presented to the Planmng Commtsston and Ctty Counctl entttled "Martna, Long Bay Potnte" prepared by Langley & McDonald, dated 3.22.99. . The project wdl be developed tn substanttal accordance wtth the vartance and condttions approved by the Chesapeake Bay Preservatton Area Board on March 23, 1998 . The project wtll be developed in substanttal accordance wtth the renderings, tncludtng matertals noted on the plan and colors identtfied on the accompanytng color pallet The plan whtch depicts the redeveloped marina, the commerctal fish packing, cleantng and shtpptng area, and retatl and education center budding, has been submttted to the Planntng Department and presented to the Planntng Commtsston and Ctty Counctl ts entitled "Long Bay Pointe Marina "prepared by Lyall Design Architects, dated 1-20-99 Any future butldtngs constructed on the site will also generally conform to the same architectural style and wtll be developed with matertals and colors noted above. All commercial and retail cleaning, processing and packaging of seafood for shipment or retail sale shall be done within the structure identified on the site plan as "Seafood Market Place, Commercial Fish Packing, Cleaning & Shipping Area & Public Restrooms". All of these identified activities shall occur only within the aforesaid structure as shown on the Site Plan. 5 All dumpsters or trash receptacle areas must be fully enclosed wtthin etther a wooden or masonry gated area March 23, 1999 Item VI-K 6 - 40- PUBLIC HEARING ITEM # 44788 (Continued) PLANNING Landscaping must be tnstalled as deptcted on the submitted plan and tn accordance wtth the plan approved by the Chesapeake Bay Preservation Area Board on March 23, 1998 In the event that the landscaping shown within the restdual property owned by the Vtrgtnia Department of Transportation cannot be accomplished, an alternate plan, stmtlar tn nature but recogntzing the unique charactertstics of this stte, must be approved by the Dtrector of Planning The applicant will provtde the requtred number of on-s~te parking spaces required by the Zoning Ordinance wtthout seeking a variance from the Board of Zomng Appeals for all uses, present and future, that are developed on the property. 8 No gamtng/gambhng boats are permitted to be moored or operated from the martna There shall be no trucks and tractor trailers uttltzed as permanent storage factlittes The flatbed landscape trucks contatntng crab pots, lobster pots, nets, etcetera, can be uttltzed; however, shall not be parked along Great Neck Road This Or&nance shall be effective in accordance with Sectton 107 69 of the Zomng Ordinance Adopted by the Council of the City of Virginia Beach, Vtrginia, on the Twent_¥-third of March, Ntneteen Hundred and Nine~-Ntne Voting. 11-0 (By Consent) Councd Members Voting Aye' Linwood O. Branch, III, Margaret L. Eure, Willtam W Harrison, Jr, Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vtce Mayor Wtlliam D Sessoms, Jr and A M "Don" Weeks Counctl Members Voting Nay' None Counctl Members Absent None March 23, 1999 Item VI-K. 7. - 41 - PUBLIC HEARING ITEM # 44 789 PLANNING Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Council REFERRED BACK TO THE PLANNING COMMISSION the Apphcatton of PRINCESS HOUSE, L.L.C., dented January 26, 1999, for a Condtttonal Use Permit for houstng for the aged ORDINANCE UPON APPLICA TION OF PRINCESS HO USE, L.L. C. FOR A CONDITIONAL USE PERMIT FOR HOUSING FOR THE AGED Ordinance upon apphcatton of Princess Anne House, L L C for a Con&ttonal Use Permtt for housing for the aged on certatn property located on the east side of Prtncess Anne Road, 180feet north of Baxter Road. Said parcel contatns 5 014 acres. DISTRICT 2 - KEMPSVILLE Voting' 11-0 (By ConsenO Councd Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wilham W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wtlham D Sessoms, Jr and A M. "Don" Weeks Council Members Voting Nay' None Counctl Members Absent None March 23, 1999 Item VI-K 8 - 42 - PUBLIC HEARING ITEM # 44790 PLANNING Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Councd DEFERRED INDEFINITELY Or&nance upon apphcatton of Z-1 COMMERCIAL PROPERTIES, LLC, fora Change of Zomng Dtstrtct Classification: ORDINANCE UPON APPLICATION OF Z-1 COMMERCIAL PROPERTIES, LLC FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I- 1 TO CONDITIONAL B-2 Ordtnance upon apphcatton of Z-1 Commerctal Properttes, LLC for a Condttional Change of Zontng Dtstrtct Classtficatton from I-1 Ltght Industrtal Dtstrtct to Condttional B-2 Communtty Bustness Dtstrtct on certatn property located at the northeast tntersectton of lndtan Rtver Road and Mthtary Htghway The proposed zontng classtficatton change to Conchttonal B-2 ts for bustness commercial land use The Comprehenstve Plan recommends use of this parcel for business parks, offices, and employment support uses that are tn accordance wtth other Plan pohctes Satd parcels are located at 820, 830 & 840 South Mtliary Highway and at 6404 Indian River Road and contain 4 2 acres more or less. DISTRICT 1 - CENTER VILLE. Vottng: 11-0 (By Consent) Counctl Members Vottng Aye: Ltnwood O. Branch, IIL Margaret L Eure, Wtlham W. Harrison, Jr, Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wdham D Sessoms, Jr and A. M "Don" Weeks Counctl Members Voting Nay None Counctl Members Absent None March 23, 1999 Item VI-K. 9. - 43 - PUBLIC HEARING ITEM # 44791 PLANNING Attorney R J. Nutter, 4425 Corporation Lane, Phone 518-3200, represented the applicant Upon motion by Counctlman Branch, seconded by Vice Mayor Sessoms, City Council DENIED the Apphcatton of BERKSHIRE APARTMENTS, L.L.C. for the MODIFICATION OF CONDITIONS on the approved apphcatton of July 13, 1981' Apphcation of Berkshire Apartments, L L.C for the modtficatton of con&tions placed on the apphcatton for a rezoning from A-I Apartment Dtstrtct Classification to A-2 Apartment Dtstrict Classt_ficatton on July 13, 1981. Property is located on the East side of West Lane, 200.46feet North of Virgtnta Beach Boulevard (BEACH- DISTRICT 6) Voting' 10-0 Counctl Members Vottng Aye. Linwood O. Branch, III, Margaret L Eure, HaroM Heischober, Barbara M. Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wilham D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay None Council Members Abstaining' William W. Harrtson, Jr. Council Members Absent. None Councdman Harrison ABSTAINED as hts law firm provides legal services to the apphcant . March 23, 1999 Item VI-K 10 - 44 - PUBLIC HEARING ITEM # 44 792 PLANNING Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED Ordtnance to AMEND Sections 1504 and 1514 of the Ctty Zoning Ordinance re ehmtnatton of on-site parking requtrements for uses other than hotels and motels tn the RT-1 and RT-2 Resort Tourist Dtstrtcts Ordinance to AMEND Sections 1511 and 1521 of the Ctty Zomng Ordinance establishtng commerctal parktng lots and garages as condittonal uses in the RT-3 Resort Dtstrict, ehmtnattng commercial parking lots and garages as prtnctpal uses tn the RT-3 Resort Tourtst Dtstrtct, and, allowing off site parking.for uses located tn the RT-1 and RT-2 Resort Tourtst Dtstrtcts as a conditional use in the RT-3 Resort Tourtst Dtstrtct Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vtce Mayor Wtlham D Sessoms, Jr. and A M "Don" Weeks Counctl Members Vottng Nay None Council Members Absent None March 23, 1999 AN ORDINANCE TO ELIMINATE ON-SITE PARKING REQUIREMENTS FOR USES OTHER THAN HOTELS AND MOTELS IN THE RT-1 AND RT-2 RESORT TOURIST DISTRICTS SECTIONS AMENDED: §§ 1504 and 1514 of the City Zoning Ordinance WHEREAS, the public necessity, convenience, general welfare 8 and good zoning practice so require; BE IT ORDAINED BY 1'RE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Sections 1504 and 1514 of the City Zoning Ordinance are 12 hereby amended and reordained to read as follows: 13 ARTICLE 15. RESORT TOURIST DISTRICTS 14 A. RT-1 RESORT TOURIST DISTRICT 16 Sec. 1504. Off-street parking regulations. 17 Parking shall be required 18 pcrmittcd hotels and motels in the RT-1 Resort Tourist District in 19 accordance with section 203, and shall not be required for other 20 uses or structures within the district. 22 B. RT-2 RESORT TOURIST DISTRICT 24 Sec. 1514. Off-street parking regulations. 25 Parking shall be required for ~ ....... ~ ~t hotels and motels in the RT-2 Resort Tourist District in 27 accordance with section 203, and shall not be required for other 28 uses or structures within the district 29 30 33 34 35 36 37 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 23rd day of March, 1999. 38 39 40 41 42 CA-98-7218 wmm/ordres/45 - 1504e. ord R-1 December 15, 1998 AN ORDINANCE TO ESTABLISH COMMERCIAL PARKING LOTS, PARKING GARAGES AND STORAGE GARAGES AS CONDITIONAL USES IN THE RT-2 AND RT-3 RESORT TOURIST DISTRICTS, TO ELIMINATE SUCH USES AS PRINCIPAL USES IN THE RT-3 RESORT TOURIST DISTRICT, AND TO ALLOW OFF-SITE PARKING FOR USES LOCATED IN THE RT-1 AND RT-2 RESORT TOURIST DISTRICTS AS A CONDITIONAL USE IN THE RT-3 RESORT TOURIST DISTRICT 10 11 Sections Amended: §§ 1511 and 1521 of the City Zoning Ordinance 12 WHEREAS, the public necessity, convenience, general welfare 13 and good zoning practice require; 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 That Sections 1511 and 1521 of the City Zoning Ordinance are 17 hereby amended and reordained to read as follows: 18 ARTICLE 15. RESORT TOURIST DISTRICTS 20 B. RT-2 RESORT TOURIST DISTRICT 22 Sec. 1511. Use regulations. 23 (a) Principal uses and structures: For parcels less than 24 fourteen thousand (14,000) square feet in size, any one of the 25 following is allowed; provided, however, that drive-through 26 facilities shall not be permitted as a principal or accessory use: 28 29 garagcs; 31 (c) Conditional uses and structures: Uses and structures 32 hereinafter specified, subject to compliance with the provisions of 33 part C of article 2 hereof; provided, however, that except as set 34 forth in subdivision (5.5), drive-through facilities shall not be 35 permitted as a conditional or accessory use: 37 (4.5) Commercial parking lots, parking garages and 38 storage garages; 40 C. RT-3 RESORT TOURIST DISTRICT. 42 Sec. 1521. Use regulations. 43 (a) Principal uses and structures: For parcels less than 44 twenty thousand (20,000) square feet in size, any one (1) of the 45 following is allowed; provided, however, that except as provided in 46 subdivision (5.5) of subsection (c), drive-through facilities shall 47 not be permitted in any portion of the district: 49 50 garagcs; 52 (c) Conditional uses and structures: Uses and structures 53 hereinafter specified, subject to compliance with the provisions of 54 part C of article 2 hereof; and provided, that except as set forth 55 in subdivision (5.5), drive-through facilities shall not be 56 permitted as a conditional or accessory use in any portion of the 57 district east of Arctic Avenue, south of Winston-Salem Avenue and 58 4th Street, or north of 35th Street: 60 (4.5) Commercial parking lots, parking garages and 61 storage garages; 63 (13.5) Off-site parking facilities for uses and structures 64 located within the RT-1, RT-2 or RT-3 Resort 65 Tourist District, provided the requirements of 66 section 203 are met; 68 Adopted by the City Council of the City of Virginia Beach, 69 Virginia, on this 23rd day of March, 1999. 70 71 72 73 74 CA-98-7219 wmm/ordres/45-1511e.com R-1 December 15, 1998 Item VI-L 1. - 45 - APPOINTMENTS ITEM # 44 793 BY CONSENSUS, Ctty Counctl DEFERRED INDEFINITEL Y: EROSION COMMISSION March 23, 1999 Item VI-L 2. - 46- APPOINTMENTS ITEM # 44 794 Upon NOMINATION by Vtce Mayor Sessoms, City Counctl APPOINTED: Nicholas F. Anoia unexpired term thru 8/31/99 plus 3-years thru 8/31/2002 PARKS AND RECREATION COMMISSION Vottng 10-0 Councd Members Vottng Aye. Ltnwood 0 Branch, III, Margaret L Eure, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wilham D. Sessoms, Jr and A M "Don" Weeks Counctl Members Voting Nay' None Councd Members Absent Wtlliam W Harrison, Jr March 23, 1999 Item VI-M. 1 -47- UNFINISHED BUSINESS ITEM # 44795 GTE AMPHITHEATER SO UND The following spoke in OPPOSITION to the noise William Thom, 3 709 Grey Dove Lane, Phone: 471-5484, David Cutchtn, 3761 Frazier Lane, Phone 471-2428 Gregory Ryder, 3852 Sherman Oaks Avenue, Phone. 430-1476, 13-year resident of Salem Lakes John Green, 3832 Sherman Oaks Avenue, Phone' 427-2995, restdent of Salem Lakes Denms Borgerding, 3 716 Joppa Lane, Phone 4 71-2197 The followtng spoke tn SUPPORT of the Amphitheater: Attorney John Norris, 440 Viking Drtve, Phone: 498- 7700, Counsel to the Lynnhaven Bustness Assoctatton Jimmy Capps, President- Vtrgtnia Beach Hotel/Motel Assoctation Randall Dubots, 2204 Lord Seaton Ctrcle, Phone 481-1809, Marketing Commtttee Chair -Vtrgtnia Beach Public Schools Brenda Unser, 3789 Frazier Lane, Phone' 471-3010, employee of Amphitheater and resident of Salem Lakes Bobb Dymarcik, 1568 Hummingbird Lane, Phone 491-4661, part time employee of Amphitheater Eric Unser, 3789 Frazier Lane, Phone. 471-3010, 13-year resident of Salem Lakes Councd Lady Parker advised even the restdents adjacent are pleased the Amphitheater generated over $1- MILLION this past year to the City's revenue However, thts is an tssue of peace and quiet, espectally at mght Council Lady Parker expressed appreciatton to the City Manager relative the two-decibel drop in the sound level Cellar Door has voluntarily agreed to reduce the sound level to 100 dBA at the mix position for the 1999 Amphitheater season. Councilman Harrison suggested, as there will be approxtmately 45 shows this year, volunteers could be placed tn the residents' homes most affected by the norse to provide data from every concert to determtne tf thts 2 dectbel reduction has been effecttve. Vtce Mayor Sessoms hoped this tssue could be resolved for everyone's benefit Mayor Oberndorf was grateful for all citizen's concerns. There is no guarantee that tnstallatton of baffles, whtch will entatl a cost of approxtmately $500,000, wtll enttrely shield the sound The 2 decibel sound reduction needs to be gtven a chance Council Lady Henley advtsed if, after the analysts of the norse issue at the end of the season, there are sttll problems, the Ctty will have to watt unttl next year's budget for funding, so this will actually entatl two seasons. There should be some consideration during the budget, tf the analysts proves there are sttll problems, that this issue could be solved during the Amphttheater 's off-season and thus not result in a problem for two seasons. Councd Lady Parker advised Mr Jack Wrtghtson spoke wtth her last mght and volunteered to come to the Ctty, watving his consultation fee, and for only the price of a place ttcket, to work wtth the City tn resolvtng this sound issue. Vice Mayor Sessoms advised the Amphttheater ts a major asset and there are manypostttve accomplishments tn thts communtty i.e $14-MILLION TPC Golf Course, which should increase the value of the restdents' property March 23, 1999 Item VI-M. 2. - 48- UNFINISHED BUSINESS ITEM # 44796 Mayor Oberndorf referenced numerous letters and phone calls from citizens relattve the March 9, 1999 ADOPTION of Ordtnance re public rights-of-way use fee, authorized tn the Vtrginta Code, Sectton 56- 468 1, as compensation by providers of local exchange telephone service wtth a dedtcated fundtng to the Schools Instructional Technology Special Revenue fund, effecttve 1 July 1999 Mayor Oberndorf wtshed to commit to the Schools Technology and will be there to support thts financially However, she will be reviewing thts tssue during the Budget process to determine tf funds can be set aside for the technology thts year to offset the 'phone fee Mayor Oberndorf expressed apprectatton to Counctl Members Jones and Harrtson who served on the Sub Committee relattve the School technology tssue. Councd Lady Eure shared the Mayor's concerns and will join her tn determimng if fundtng can come from extsttngfunds in the FY 1999-2000 Operattng Budget March 23, 1999 Item VI-N 1. - 49- NE W BUSINESS ITEM # 44797 BY CONSENSUS, Ctty Counctl RECORDED B Y CONSENSUS. ABSTRA CT OF CIVIL CASES RESOLVED - February 1999 March 23, 1999 Item VI-O. - 50- AD JO URNMENT ITEM it 44 798 Mayor Meyera E. Oberndorf DECLARED the City Councd Meettng ADJOURNED at 8:25 P.M. Hooks, CMC/AAE Chtef Deputy Ctty Clerk ~s Smtth, CMC/AAE City Clerk Meyera E. Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta March 23, 1999